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

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

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

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

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

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

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

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

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

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

[ { "text": "1. Binding arbitration for Gila River Indian Community Reservation contracts \n(a) Amendments \nSubsection (f) of the first section of the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases , approved August 9, 1955, (69 Stat. 539; 25 U.S.C. 415(f)) is amended— (1) in the first sentence— (A) by striking Any lease and all that follows through affecting land and inserting Any contract, including a lease, affecting land ; and (B) by striking such lease or contract and inserting such contract ; and (2) in the second sentence, by striking Such leases or contracts entered into pursuant to such Acts and inserting Such contracts. (b) Effective date \nThe amendments made by this section shall take effect as if included in An Act to amend the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases , approved August 9, 1955, to provide for binding arbitration clauses in leases and contracts related to reservation lands of the Gila River Indian Community , approved January 23, 2002 (Public Law 107–159).", "id": "HAFF989F8021B4376002BEFC91938B27D", "header": "Binding arbitration for Gila River Indian Community Reservation contracts" } ]

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the Newborn Screening Saves Lives Act of 2004.", "id": "H0999C3BB653A47D300ED5119D2CFB76D", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Currently, it is possible to test for at least 30 disorders through newborn screening. (2) There is a lack of uniform newborn screening throughout the United States. While a newborn with a debilitating condition may receive screening, early detection, and treatment in one location, in another location the condition may go undetected and result in catastrophic consequences. (3) Each year more than 4,000,000 babies are screened to detect conditions that may threaten their long-term health. (4) There are more than 2,000 babies born every year in the United States with detectable and treatable disorders that go unscreened through newborn screening.", "id": "H952790211EDB45EFACD2C4A5AEC872D7", "header": "Findings" }, { "text": "3. Amendment to Public Health Service Act \nPart Q of title III of the Public Health Service Act ( 42 U.S.C. 280h et seq. ) is amended by adding at the end the following: 399AA. Newborn screening \n(a) Authorization of grant programs \n(1) Grants to assist health care professionals \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration (referred to in this section as the Associate Administrator ) and in consultation with the Advisory Committee on Heritable Disorders in Newborns and Children (referred to in this section as the Advisory Committee ), shall award grants to eligible entities to enable such entities to assist in providing health care professionals and State health department laboratory personnel with— (A) education in newborn screening; and (B) training in— (i) relevant and new technologies in newborn screening; and (ii) congenital, genetic, and metabolic disorders. (2) Grants to assist families \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to develop and deliver educational programs about newborn screening to parents, families, and patient advocacy and support groups. (3) Grants for newborn screening followup \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. (b) Application \nAn eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Selection of grant recipients \n(1) In general \nNot later than 120 days after receiving an application under subsection (b), the Secretary, after considering the approval factors under paragraph (2), shall determine whether to award the eligible entity a grant under this section. (2) Approval factors \n(A) Requirements for approval \nAn application submitted under subsection (b) may not be approved by the Secretary unless the application contains assurances that the eligible entity— (i) will use grant funds only for the purposes specified in the approved application and in accordance with the requirements of this section; and (ii) will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the eligible entity under the grant. (B) Existing programs \nPrior to awarding a grant under this section, the Secretary shall— (i) conduct an assessment of existing educational resources and training programs and coordinated systems of followup care with respect to newborn screening; and (ii) take all necessary steps to minimize the duplication of the resources and programs described in clause (i). (d) Coordination \nThe Secretary shall take all necessary steps to coordinate programs funded with grants received under this section. (e) Use of grant funds \n(1) Grants to assist health care professionals \nAn eligible entity that receives a grant under subsection (a)(1) may use the grant funds to work with appropriate medical schools, nursing schools, schools of public health, internal education programs in State agencies, nongovernmental organizations, and professional organizations and societies to develop and deliver education and training programs that include— (A) continuing medical education programs for health care professionals and State health department laboratory personnel in newborn screening; (B) education, technical assistance, and training on new discoveries in newborn screening and the use of any related technology; (C) models to evaluate what a newborn should be screened for and when and where that screening should take place; (D) models to evaluate the prevalence of, and assess and communicate the risks of, newborn disorders, including the prevalence and risk of certain newborn disorders based on family history; (E) models to communicate effectively with parents and families about— (i) the process and benefits of newborn screening; (ii) how to use information gathered from newborn screening; (iii) the meaning of screening results, including the rate of false positives; (iv) the right of refusal of newborn screening; and (v) the potential need for followup care after newborns are screened; (F) information and resources on coordinated systems of followup care after newborns are screened; (G) information on the disorders for which States require and offer newborn screening and options for newborn screening relating to conditions in addition to such disorders; (H) information on supplemental newborn screening that the States do not require and offer but that parents may want; and (I) other items to carry out the purpose described in subsection (a)(1) as determined appropriate by the Secretary. (2) Grants to assist families \nAn eligible entity that receives a grant under subsection (a)(2) may use the grant funds to develop and deliver to parents, families, and patient advocacy and support groups, educational programs about newborn screening that include information on— (A) what is newborn screening; (B) how newborn screening is performed; (C) who performs newborn screening; (D) where newborn screening is performed; (E) the disorders for which the State requires newborns to be screened; (F) different options for newborn screening for disorders other than those included by the State in the mandated newborn screening program; (G) the meaning of various screening results including the rate of false positives; (H) the prevalence and risk of newborn disorders, including the increased risk of disorders that may stem from family history; (I) coordinated systems of followup care after newborns are screened; and (J) other items to carry out the purpose described in subsection (a)(2) as determined appropriate by the Secretary. (3) Grants for quality newborn screening followup \nAn eligible entity that receives a grant under subsection (a)(3) shall use the grant funds to— (A) expand on existing procedures and systems, where appropriate and available, for the timely reporting of newborn screening results to individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders; (B) coordinate ongoing followup treatment with individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders after a newborn receives an indication of the presence of a disorder on a screening test; (C) ensure the seamless integration of confirmatory testing, tertiary care medical services, comprehensive genetic services including genetic counseling, and information about access to developing therapies by participation in approved clinical trials involving the primary health care of the infant; (D) analyze data, if appropriate and available, collected from newborn screenings to identify populations at risk for disorders affecting newborns, examine and respond to health concerns, recognize and address relevant environmental, behavioral, socioeconomic, demographic, and other relevant risk factors; and (E) carry out such other activities as the Secretary may determine necessary. (f) Reports to Congress \n(1) In general \nSubject to paragraph (2), the Secretary shall submit to the appropriate committees of Congress reports— (A) evaluating the effectiveness and the impact of the grants awarded under this section— (i) in promoting newborn screening— (I) education and resources for families; and (II) education, resources, and training for health care professionals; (ii) on the successful diagnosis and treatment of congenital, genetic, and metabolic disorders; and (iii) on the continued development of coordinated systems of followup care after newborns are screened; (B) describing and evaluating the effectiveness of the activities carried out with grant funds received under this section; and (C) that include recommendations for Federal actions to support— (i) education and training in newborn screening; and (ii) followup care after newborns are screened. (2) Timing of reports \nThe Secretary shall submit— (A) an interim report that includes the information described in paragraph (1), not later than 30 months after the date on which the first grant funds are awarded under this section; and (B) a subsequent report that includes the information described in paragraph (1), not later than 60 months after the date on which the first grant funds are awarded under this section. (g) Definition of eligible entity \nIn this section, the term eligible entity means— (1) a State or a political subdivision of a State; (2) a consortium of 2 or more States or political subdivisions of States; (3) a territory; (4) an Indian tribe or a hospital or outpatient health care facility of the Indian Health Service; or (5) a nongovernmental organization with appropriate expertise in newborn screening, as determined by the Secretary. (h) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $15,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of fiscal years 2006 through 2009..", "id": "HD5C153FC3AE948B19E76DF4DD3257EA", "header": "Amendment to Public Health Service Act" }, { "text": "399AA. Newborn screening \n(a) Authorization of grant programs \n(1) Grants to assist health care professionals \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration (referred to in this section as the Associate Administrator ) and in consultation with the Advisory Committee on Heritable Disorders in Newborns and Children (referred to in this section as the Advisory Committee ), shall award grants to eligible entities to enable such entities to assist in providing health care professionals and State health department laboratory personnel with— (A) education in newborn screening; and (B) training in— (i) relevant and new technologies in newborn screening; and (ii) congenital, genetic, and metabolic disorders. (2) Grants to assist families \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to develop and deliver educational programs about newborn screening to parents, families, and patient advocacy and support groups. (3) Grants for newborn screening followup \nFrom funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. (b) Application \nAn eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Selection of grant recipients \n(1) In general \nNot later than 120 days after receiving an application under subsection (b), the Secretary, after considering the approval factors under paragraph (2), shall determine whether to award the eligible entity a grant under this section. (2) Approval factors \n(A) Requirements for approval \nAn application submitted under subsection (b) may not be approved by the Secretary unless the application contains assurances that the eligible entity— (i) will use grant funds only for the purposes specified in the approved application and in accordance with the requirements of this section; and (ii) will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the eligible entity under the grant. (B) Existing programs \nPrior to awarding a grant under this section, the Secretary shall— (i) conduct an assessment of existing educational resources and training programs and coordinated systems of followup care with respect to newborn screening; and (ii) take all necessary steps to minimize the duplication of the resources and programs described in clause (i). (d) Coordination \nThe Secretary shall take all necessary steps to coordinate programs funded with grants received under this section. (e) Use of grant funds \n(1) Grants to assist health care professionals \nAn eligible entity that receives a grant under subsection (a)(1) may use the grant funds to work with appropriate medical schools, nursing schools, schools of public health, internal education programs in State agencies, nongovernmental organizations, and professional organizations and societies to develop and deliver education and training programs that include— (A) continuing medical education programs for health care professionals and State health department laboratory personnel in newborn screening; (B) education, technical assistance, and training on new discoveries in newborn screening and the use of any related technology; (C) models to evaluate what a newborn should be screened for and when and where that screening should take place; (D) models to evaluate the prevalence of, and assess and communicate the risks of, newborn disorders, including the prevalence and risk of certain newborn disorders based on family history; (E) models to communicate effectively with parents and families about— (i) the process and benefits of newborn screening; (ii) how to use information gathered from newborn screening; (iii) the meaning of screening results, including the rate of false positives; (iv) the right of refusal of newborn screening; and (v) the potential need for followup care after newborns are screened; (F) information and resources on coordinated systems of followup care after newborns are screened; (G) information on the disorders for which States require and offer newborn screening and options for newborn screening relating to conditions in addition to such disorders; (H) information on supplemental newborn screening that the States do not require and offer but that parents may want; and (I) other items to carry out the purpose described in subsection (a)(1) as determined appropriate by the Secretary. (2) Grants to assist families \nAn eligible entity that receives a grant under subsection (a)(2) may use the grant funds to develop and deliver to parents, families, and patient advocacy and support groups, educational programs about newborn screening that include information on— (A) what is newborn screening; (B) how newborn screening is performed; (C) who performs newborn screening; (D) where newborn screening is performed; (E) the disorders for which the State requires newborns to be screened; (F) different options for newborn screening for disorders other than those included by the State in the mandated newborn screening program; (G) the meaning of various screening results including the rate of false positives; (H) the prevalence and risk of newborn disorders, including the increased risk of disorders that may stem from family history; (I) coordinated systems of followup care after newborns are screened; and (J) other items to carry out the purpose described in subsection (a)(2) as determined appropriate by the Secretary. (3) Grants for quality newborn screening followup \nAn eligible entity that receives a grant under subsection (a)(3) shall use the grant funds to— (A) expand on existing procedures and systems, where appropriate and available, for the timely reporting of newborn screening results to individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders; (B) coordinate ongoing followup treatment with individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders after a newborn receives an indication of the presence of a disorder on a screening test; (C) ensure the seamless integration of confirmatory testing, tertiary care medical services, comprehensive genetic services including genetic counseling, and information about access to developing therapies by participation in approved clinical trials involving the primary health care of the infant; (D) analyze data, if appropriate and available, collected from newborn screenings to identify populations at risk for disorders affecting newborns, examine and respond to health concerns, recognize and address relevant environmental, behavioral, socioeconomic, demographic, and other relevant risk factors; and (E) carry out such other activities as the Secretary may determine necessary. (f) Reports to Congress \n(1) In general \nSubject to paragraph (2), the Secretary shall submit to the appropriate committees of Congress reports— (A) evaluating the effectiveness and the impact of the grants awarded under this section— (i) in promoting newborn screening— (I) education and resources for families; and (II) education, resources, and training for health care professionals; (ii) on the successful diagnosis and treatment of congenital, genetic, and metabolic disorders; and (iii) on the continued development of coordinated systems of followup care after newborns are screened; (B) describing and evaluating the effectiveness of the activities carried out with grant funds received under this section; and (C) that include recommendations for Federal actions to support— (i) education and training in newborn screening; and (ii) followup care after newborns are screened. (2) Timing of reports \nThe Secretary shall submit— (A) an interim report that includes the information described in paragraph (1), not later than 30 months after the date on which the first grant funds are awarded under this section; and (B) a subsequent report that includes the information described in paragraph (1), not later than 60 months after the date on which the first grant funds are awarded under this section. (g) Definition of eligible entity \nIn this section, the term eligible entity means— (1) a State or a political subdivision of a State; (2) a consortium of 2 or more States or political subdivisions of States; (3) a territory; (4) an Indian tribe or a hospital or outpatient health care facility of the Indian Health Service; or (5) a nongovernmental organization with appropriate expertise in newborn screening, as determined by the Secretary. (h) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $15,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of fiscal years 2006 through 2009.", "id": "H4C4B93A62F5B419596FFAF153EAD4C44", "header": "Newborn screening" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Relief for Life-Saving Blood Donors Act of 2004.", "id": "HF66704D03DD54BDF80A0EFB7DAD0314E", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) each year over 4.5 million Americans need a life-saving blood transfusion, and the daily demand for blood is 38,000 units; (2) the Mayo Clinic reports that about 25 percent of all Americans will need a blood transfusion at least once in their life; (3) the Mayo Clinic also reports that only 5 percent of eligible Americans (about 8.8 million people) donate blood every year; (4) according to the American Association of Blood Banks, the average donor is a college-educated white male, between the ages of 30 and 50, who is married and has an above-average income; (5) these average statistics are currently evolving to reflect increasing blood donations from women and minority groups; (6) persons 69 years and older account for 10 percent of the population but need 50 percent of whole blood and red blood cell transfusions; (7) many blood banks have found that it is safe for seniors to donate blood; (8) the National Blood Data Resource Center reports that seasonal and regional blood supply shortages are not uncommon, and a shortage of red blood cells may occur if transfusion demands continue to rise and collection efforts cannot keep up the pace; (9) a major national trauma, such as an outbreak of disease, a natural disaster, or a terrorist attack, could dramatically affect the blood supply; (10) a single blood donation can help as many as three people; (11) blood cannot be manufactured and can only come as a gift from people; and (12) the American Red Cross and other blood-donation organizations urge people to give blood three times a year.", "id": "H4C1ECB9ABB744D2ABE3E771E27A8CD70", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) all Americans should donate blood three times a year, as per the recommendation of the American Red Cross, as this simple task saves millions of lives each year; (2) blood donation is as valuable as other donations, such as organs, tissue, and bone marrow, and blood donors should be applauded for their commitment; (3) employers should allow workers to take time off of work, without a loss of pay or time, to donate blood; and (4) employees should be encouraged to participate in employer-sponsored blood drives.", "id": "H59A77892D0FC4A5FBE84C4E1EFE33FB9", "header": "Sense of Congress" }, { "text": "4. Deduction for blood and plasma donation \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Blood and plasma donation \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to $50 multiplied by the number of times during such year the taxpayer makes a qualified blood donation. (b) Limitation \nThe amount allowed as a deduction under subsection (a) for a taxable year shall not exceed $150 ($300 in the case of a joint return). (c) Qualified blood donation \nFor purposes of this section, the term qualified blood donation means the donation of blood or plasma at a blood bank center or blood-collection institution which is recognized by the Secretary (in consultation with the Secretary of Health and Human Services) and which provides receipts for each donation.. (b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Blood and plasma donation \nThe deduction allowed by section 224.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Blood and plasma donation Sec. 225. Cross reference. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H2371586B2C8E4391B4CDE09BAE860589", "header": "Deduction for blood and plasma donation" }, { "text": "224. Blood and plasma donation \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to $50 multiplied by the number of times during such year the taxpayer makes a qualified blood donation. (b) Limitation \nThe amount allowed as a deduction under subsection (a) for a taxable year shall not exceed $150 ($300 in the case of a joint return). (c) Qualified blood donation \nFor purposes of this section, the term qualified blood donation means the donation of blood or plasma at a blood bank center or blood-collection institution which is recognized by the Secretary (in consultation with the Secretary of Health and Human Services) and which provides receipts for each donation.", "id": "H407A2AB3C9ED4CE9AF6F9BF54870EFD4", "header": "Blood and plasma donation" } ]

[ { "text": "1. Linda White-Epps Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 40 Putnam Avenue in Hamden, Connecticut, shall be known and designated as the Linda White-Epps Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Linda White-Epps Post Office.", "id": "H6276F51F0DE247ABA1D88EF5A6ECC83", "header": "Linda White-Epps Post Office" } ]

[ { "text": "1. Increase in amount \nSection 8111(a) of title 5, United States Code, is amended— (1) by striking $1,500 and inserting $4,000 ; and (2) by adding at the end the following: The additional sum allowable under this subsection shall be increased, beginning October 1, 2006, and biennially thereafter, by the percentage increase in the Consumer Price Index for All Urban Consumers (United States city average) during the 2-year period ending 2 months before the date of the increase..", "id": "H8D6F6D803ACF4955BEAF6C3D37B0D4C1", "header": "Increase in amount" } ]

[ { "text": "1. Suspension of duty on 2-[[3,3´-Dichloro-4´-[[1-[[(2,4-dimethylphenyl)amino]carbonyl]-2-oxopropyl]azo][1,1´-biphenyl]-4-yl]azo]-3-oxo-N-(o-tolyl)butyramide \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.14 2-[[3,3´-Dichloro-4´-[[1-[[(2,4-dimethylphenyl)amino]carbonyl]-2-oxopropyl]azo][1,1´-biphenyl]-4-yl]azo]-3-oxo-N-(o-tolyl)butyramide (CAS No. 78952–72–4) (provided for in subheading 3204.17.60) 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": "HF02D74400E6D4162007D621F3FF3652D", "header": "Suspension of duty on 2-[[3,3´-Dichloro-4´-[[1-[[(2,4-dimethylphenyl)amino]carbonyl]-2-oxopropyl]azo][1,1´-biphenyl]-4-yl]azo]-3-oxo-N-(o-tolyl)butyramide" } ]

[ { "text": "1. Prohibiting States From Denying Voter Registration or Voting by Certain Veterans Convicted of Felonies \n(a) In General \nSection 303(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a) ) is amended by adding at the end the following new paragraph: (6) Prohibiting states from denying registration or voting by certain veterans convicted of felonies \n(A) In general \nNo State may prohibit any individual who is a veteran from registering to vote for any election for public office, or from voting in any election for public office, on the grounds that the individual has been convicted of a felony if (at the time the individual seeks to register to vote or vote) the individual is no longer in the custody of, or subject to supervision by, the State or the Federal government as a result of the individual’s conviction. (B) Veteran defined \nFor purposes of this paragraph, the term veteran means a person who served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable (as described in section 101(2) of title 38, United States Code).. (b) Mandatory Application of 2004 Effective Date \nSection 303(d)(1)(B) of such Act ( 42 U.S.C. 15483(d)(1)(B) ) is amended by adding at the end the following sentence: The previous sentence shall not apply with respect to the requirements of subsection (a)(6)..", "id": "H8B3D234F5EC14980A4BF8BAD0005714B", "header": "Prohibiting States From Denying Voter Registration or Voting by Certain Veterans Convicted of Felonies" } ]

[ { "text": "1. SHORT TITLE \nThis Act may be cited as the Assisting America’s Rural Schools Act.", "id": "H7164423D231544B692559BEAF19D5DE", "header": "SHORT TITLE" }, { "text": "2. Rural waiver of certain qualifications for teachers \n(a) In general \nSection 1119(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319(a) ) is amended by adding at the end the following: (4) Availability of waiver for rural local educational agencies \n(A) New hires \nUpon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any teacher who is new to the profession first begins employment with the agency as a middle or secondary school teacher, the application to such teacher of the requirement in section 9101(23)(B)(ii) regarding demonstration of a high level of competency in each of the academic subjects in which the teacher teaches. During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated a high level of competency, in accordance with such section, in one of the academic subjects in which the teacher teaches. (B) Existing employees \nUpon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any middle or secondary school teacher who is not new to the profession first begins teaching an academic subject that the teacher has not previously taught, the application to such teacher of the requirement in section 9101(23)(C)(ii) regarding demonstration of competence in all of the academic subjects in which the teacher teaches. During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated competence, in accordance with such section, in one of the academic subjects in which the teacher teaches. (C) Terms and conditions \nThe Secretary may, in the Secretary’s discretion, establish such terms and conditions on the authority granted to a rural local educational agency under this paragraph as the Secretary determines to be appropriate. (D) Definition \nFor purposes of this paragraph, the term rural local educational agency means a local educational agency with respect to which— (i) each county in which a school served by the agency is located has a total population density of fewer than 10 persons per square mile; or (ii) all schools served by the agency are designated with a school locale code of 7 or 8, as determined by the Secretary.. (b) Regulations \n(1) Deadline \nThe Secretary of Education shall promulgate regulations to carry out the amendment made by subsection (a) not later than 180 days after the date of the enactment of this Act. (2) Application procedures \nSuch regulations shall specify procedures to be used by local educational agencies in submitting applications under section 1119(a)(4) of the Elementary and Secondary Education Act of 1965 (as added by subsection (a)). (3) Eligibility \nSuch regulations shall specify the criteria the Secretary will use in— (A) determining whether to grant a waiver under subparagraph (A) or (B) of such section; and (B) establishing terms and conditions under subparagraph (C) of such section.", "id": "H1E6C5800727C447F8C9785DA52570190", "header": "Rural waiver of certain qualifications for teachers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004.", "id": "H37B0CC6E590C4A28997B9F02F603124D", "header": "Short title" }, { "text": "2. Addition of Wild Sky Wilderness to National Wilderness Preservation System \n(a) Designation \nCertain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and legal descriptions \nAs soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration \nSubject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and use of certain structures \n(1) Repeater site \nWithin the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen Mountain Lookout \nThe designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access \n(1) Private inholdings \nConsistent with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access \nAs provided by section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land acquisition authority \n(1) In general \nThe Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal \nValuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment \nThe boundaries of the Mt. Baker-Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection.", "id": "H99BE937611464BCD96A8F8C494298F5E", "header": "Addition of Wild Sky Wilderness to National Wilderness Preservation System" }, { "text": "3. Designation of Backcountry Wilderness Management Area, Skykomish River valley, Washington \n(a) Designation \nCertain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area. (b) Maps and legal descriptions \nAs soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration \nThe Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management plan \nNot later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons. (e) Wildlife management \nThe designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal \nSubject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Motorized and mechanized travel authorized \nMotorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency. (h) Prohibition on commercial timber harvesting \nThe Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land acquisition authority \n(1) In general \nThe Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a). (2) Appraisal \nValuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment \nThe boundaries of the Mt. Baker-Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection.", "id": "H6DE4D66F7C8A4CF0BE1BA1A2E1CC4666", "header": "Designation of Backcountry Wilderness Management Area, Skykomish River valley, Washington" }, { "text": "4. Development and implementation of trail plan \n(a) Trail plan required \nThe Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3. (3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation report \nWithin two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority.", "id": "HC930A8505FCD4AE19059E5EB587CD62C", "header": "Development and implementation of trail plan" }, { "text": "5. Land exchanges, Chelan County Public Utility District, Washington \n(a) Land exchanges required \nIn accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled Chelan County Public Utility District Exchange and dated May 22, 2002. (b) Acceptance of lands \nIf, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of easement \nUpon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion \nAs a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.", "id": "H86E097CEB8654A4EB206888E8C84D7A2", "header": "Land exchanges, Chelan County Public Utility District, Washington" } ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult.", "id": "H23150DF34A814AFBBF4B78074D1BC7CD", "header": "Findings" }, { "text": "2. Establishment of a tick-borne disorders advisory committee \n(a) Establishment of committee \nNot later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the Committee ) organized in the Office of the Secretary. (b) Duties \nThe Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick-borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services’ efforts and progress. (c) Membership \n(1) Appointed members \n(A) In general \nThe Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement \nThe Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members \nThe Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-chairpersons \nThe Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co-chairperson shall serve a 2-year term and retain all voting rights. (e) Term of appointment \nAll members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy \nIf there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (g) Meetings \nThe Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports \n(1) In general \nNot later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content \nSuch reports shall describe— (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee.", "id": "H9A76C35FC9FA43D1B3BE00C576ADA94D", "header": "Establishment of a tick-borne disorders advisory committee" }, { "text": "3. Authorization for research funding \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders.", "id": "HCEF5A587FB904F7E8C8C9F298364AC09", "header": "Authorization for research funding" }, { "text": "4. Goals \nIt is the sense of the Congress that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan \nIt is the sense of the Congress that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government. (2) First goal: diagnostic test \nThe goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of Lyme disease and other tick-borne disorders \nThe goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States. (4) Third goal: prevention of lyme disease and other tick-borne disorders \nThe goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters’ disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively.", "id": "H7D0DDE82604740549D8D63083FD8B713", "header": "Goals" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Oceans Conservation, Education, and National Strategy for the 21st Century Act. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Sec. 3. Purpose Sec. 4. Definitions Title I—Congressional declaration of national oceans policy Sec. 101. National oceans policy Title II—National standards Sec. 201. National standards Sec. 202. Determination of compliance with national oceans policy and national standards Sec. 203. Implementation Sec. 204. Stricter standards Title III—National Oceanic and Atmospheric Administration Sec. 301. Existence in Department of Commerce; mission Sec. 302. Administrator; functions Sec. 303. Other officers Sec. 304. Qualifications of Administration officers Sec. 305. Transfer of marine mammals management functions to the Administrator Sec. 306. Science Advisory Board Sec. 307. Report of recommendations for reorganization to establish a Department of Natural Resources Title IV—National Oceans Advisor Sec. 401. Executive Advisor; mission Sec. 402. Staffing Title V—National Oceans Council Sec. 501. Establishment of Council; mission Sec. 502. Chair; membership; functions Sec. 503. Limitations on voting Title VI—Council of Advisors on Oceans Policy Sec. 601. Establishment of Council Sec. 602. Duties Sec. 603. Membership Sec. 604. Meetings Title VII—Regional Planning Sec. 701. Findings Sec. 702. Designation of ocean regions; Regional Administrators Sec. 703. Regional Ocean Councils Sec. 704. Regional Ocean Ecosystem Plans Sec. 705. Consistency requirements Sec. 706. Regional Ocean Council advisory committees Sec. 707. Financial assistance to States Sec. 708. Citizen suits Title VIII—Ocean science, exploration, and research coordination Sec. 801. Committee on Ocean Science, Education, and Operations Sec. 802. National Strategy for Ocean and Coastal Science Sec. 803. National Ocean Partnership Program Sec. 804. Ocean Research and Education Advisory Panel Sec. 805. Marine ecosystems research Sec. 806. Authorization of appropriations Title IX—Ocean Education Sec. 901. Subcommittee on Ocean Education Sec. 902. Ocean and coastal education program Sec. 903. Ocean Science and Technology Scholarship Program Sec. 904. National Oceanic and Atmospheric Administration Office of Education Sec. 905. Amendment to the National Sea Grant College Program Act Sec. 906. National ocean awareness media campaign Sec. 907. Authorization of appropriations Title X—Ocean Exploration Sec. 1001. National Oceanic and Atmospheric Administration Office of Ocean Exploration Sec. 1002. Subcommittee on Ocean Exploration Sec. 1003. Authorization of appropriations Title XI—Ocean and Great Lakes Conservation Trust Fund Sec. 1101. Establishment of Fund Sec. 1102. Limitation on use of available amounts for administration Sec. 1103. Recordkeeping requirements Sec. 1104. Maintenance of effort and matching funding Sec. 1105. Sunset Sec. 1106. Community assistance formula and payments Sec. 1107. Approval of State funding and spending plans", "id": "HFE618CBD70244412888B069650EB64CE", "header": "Short title; table of contents" }, { "text": "2. Findings \nThe Congress finds the following: (1) United States ocean waters and the ocean resources they contain are vital for the national security, environment, economy, and culture of the United States. (2) Consistent with customary international law, the United States exercises sovereign rights over ocean resources within United States ocean waters. (3) These ocean resources are the property of the people of the United States, are held in trust for them by Federal, State, local, and tribal governments, and should be managed to preserve the full range of their benefits for present and future generations. (4) Marine, terrestrial, and atmospheric systems are interdependent, requiring that policy, information transfer, and the management of human activities be coordinated across systems. (5) Healthy and productive coastal and marine ecosystems are the keys to securing the full range of benefits from ocean resources for the people of the United States. (6) A variety of threats and practices have caused dramatic declines in the health and productivity of coastal and marine ecosystems of the United States. Among the major threats to marine ecosystem health are— (A) global climate change; (B) chemical, nutrient, and biological pollution; (C) unwise land use and coastal development; (D) habitat damage; (E) overfishing; and (F) invasive species. (7) These threats are exacerbated by the legal and geographic fragmentation of authority over ocean space and ocean resources. (8) Activities harming coastal and marine ecosystems jeopardize the economies and social structure of coastal communities dependent on these resources. (9) While there is a plethora of laws, government agencies, and programs dealing with coastal resources and ocean resources, activities thereunder are poorly coordinated and do not constitute a unified and comprehensive public policy toward the oceans. (10) To better enable the various levels of government with authority over coastal and ocean space, coastal resources, and ocean resources to fulfill their public trust responsibilities, a unified national oceans policy is needed to govern the range of human activities affecting the health and productivity of marine ecosystems.", "id": "HA6CE8A323E784723A04C169DF1892F96", "header": "Findings" }, { "text": "3. Purpose \nThe purpose of this Act is to secure, for present and future generations of people of the United States, the full range of environmental, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by— (1) establishing a comprehensive national oceans policy that is binding on all covered actions that may significantly affect United States ocean waters and ocean resources; (2) requiring covered actions to be consistent with the purposes and policies of this Act; (3) mandating that clear standards be set against which compliance with the national oceans policy can be measured; (4) providing a mechanism through which compliance with this Act can be assured; (5) consolidating and restructuring Federal ocean programs to support this Act; and (6) promoting ecologically sustainable ocean resource management by strengthening and empowering ocean governance.", "id": "HC0A28AD6963349CA9BE9E88DC81C4D5", "header": "Purpose" }, { "text": "4. Definitions \nIn this Act: (1) Covered action \nThe term covered action means any activity affecting United States ocean waters or ocean resources, that is carried out— (A) by a Federal agency, including the issuance of a Federal license or permit; or (B) by any other person using Federal funds. (2) Administrator \nThe term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (3) Administration \nThe term Administration means the National Oceanic and Atmospheric Administration provided for in section 301. (4) Advisor \nThe term Advisor means the National Oceans Advisor appointed under section 401. (5) Biological diversity \nThe term biological diversity means a collection of genomes, species, and ecosystems occurring in a geographically defined region. (6) Ecologically sustainable \nThe term ecologically sustainable means capable of maintaining biological diversity and ecosystem structure and functioning from 1 human generation to the next, so as not to deny future generations the goods and services provided by marine ecosystems that are enjoyed today. (7) Function \nThe term function , when used in reference to a function of a government agency or official, includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. (8) Marine ecosystem health and health of marine ecosystems \nEach of the terms marine ecosystem health and health of marine ecosystems means the ability of a marine ecosystem to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it provides a complete range of ecological benefits, including— (A) a complete diversity of native species and habitats wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions and processes; and (B) a physical, chemical, geological, and microbial environment that is supportive of the requirements of this paragraph. (9) Healthy marine ecosystem \nThe term healthy marine ecosystem means a marine ecosystem with the ability to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it provides a complete range of ecological benefits, including— (A) a complete diversity of native species and habitats wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions and processes; and (B) a physical, chemical, geological, and microbial environment that is supportive of the requirements of this paragraph. (10) Ecosystem-based management \nThe term ecosystem-based management means an approach to the management of human activities and natural resources affected by such activities that incorporates the following: (A) Long term ecological sustainability. (B) Clear, operational goals, with reference to a desired future status of ecosystem processes and components. (C) Use of the best available scientific information regarding ecosystems and their functions, including, but not limited to, multiple indicators, including models and other quantitative and qualitative techniques at varying scales. (D) Awareness of complexity, interconnectedness, and resiliency. (E) Recognition that ecosystems are dynamic. (F) Attention to context and scale, as necessary to align decision processes with ecosystem processes that vary across space and time. (G) Acknowledgement of humans as ecosystem components who must be engaged to achieve long term management goals. (H) Accountability. (I) Identification of uncertainties. (J) Adaptiveness, including approaches that supplement limited predictive capacities and respond to changes in ecosystems, information, and anthropogenic stressors. (11) United States ocean waters \nThe term United States ocean waters means the zone extending from the baseline from which the breadth of the United States territorial sea is measured to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the territorial waters of the Great Lakes and the waters of the continental shelf to which the United States is granted sovereign rights under international law. (12) Ocean resources \nThe term ocean resources means any living, nonliving, or cultural amenity in United States ocean waters. (13) Coastal \nThe term coastal includes coastal areas of United States ocean waters of the Great Lakes. (14) Marine \nThe term marine includes of or relating to United States ocean waters of the Great Lakes. (15) Regional Ocean Council \nThe term Regional Ocean Council means such a council established by the Administrator under section 703. (16) Ocean region \nThe term ocean region means such a region designated under section 702(a). (17) Qualified Outer Continental Shelf revenues \nThe term `qualified Outer Continental Shelf revenues' means (except as otherwise provided in this paragraph) all moneys received by the United States from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ), or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State, including bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued pursuant to the Outer Continental Shelf Lands Act. Such term does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001. (18) Coastal State \nThe term coastal State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes; and (B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa. (19) Coastal political subdivision \nThe term coastal political subdivision means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.1453)). (20) Coastal population density \nThe term coastal population density means the population as determined by the most recent census data in the States coastal zone as determined pursuant to the Coastal Zone Management Act of 1972. (16 U.S.C.1451 et seq.).", "id": "H76B70A9C721F4E3F9881A1638C00F1EE", "header": "Definitions" }, { "text": "101. National oceans policy \n(a) Policy \nThe Congress declares that it is the continuing policy of the United States to protect, maintain, and restore the health of marine ecosystems in order to fulfill the social, economic, and other requirements of present and future generations of Americans. (b) Responsibility of Federal governance system \nIn order to carry out the policy set forth in this Act, the President, acting through the Administrator of the National Oceanic and Atmospheric Administration and top officials of other Federal agencies and departments, shall— (1) protect, maintain, and restore marine biological diversity and the functioning of marine ecosystems; (2) require that ocean resources be used in a manner that is ecologically sustainable; (3) manage covered actions affecting the oceans on an ecosystem basis; (4) exercise precaution in support of protecting, restoring, and maintaining the health of marine ecosystems in the case of uncertain or inadequate information; (5) use the best available scientific, social, and economic information to make decisions; (6) support research and education to improve basic understanding of marine ecosystems and their management and restoration; (7) promote and support international collaboration on research of marine ecosystems and the conservation of healthy marine ecosystems; (8) adapt in a timely manner to new information on the health of marine ecosystems and the effectiveness of management decisions; (9) be equitable and transparent, and promote cooperation among all stakeholders; and (10) provide accountability.", "id": "HAE67B438394A47A190BC2C9FA1AF73FB", "header": "National oceans policy" }, { "text": "201. National standards \n(a) Establishment of standards \nTo the fullest extent possible the policies, regulations, and Public Laws of the United States shall be interpreted and administered in accordance with the following national standards: (1) Covered actions affecting United States ocean waters or ocean resources must be conducted in a manner that is consistent with the protection and maintenance of healthy marine ecosystems and, where appropriate, the restoration of degraded marine ecosystems. (2) Any covered action that may significantly affect United States ocean waters or ocean resources may proceed only if the covered action, individually and in combination with other covered actions— (A) is not likely to significantly harm the health of any marine ecosystem; and (B) is not likely to significantly impede the restoration of the health of any marine ecosystem. (3) In the case of incomplete or inconclusive information as to the effects of a covered action on United States ocean waters or ocean resources, decisions shall be made in such a way as will ensure protection, maintenance, and restoration of healthy marine ecosystems. (4) To the extent practicable, and consistent with other provisions of this Act, including the other National Standards under this subsection, adverse social and economic impacts on communities that are significantly resource dependent shall be minimized. Consideration of impacts on resource dependent communities shall include, but not be limited to, cumulative impacts. (b) Rulemaking \n(1) Application of national standards to covered actions \nWithin 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue regulations that shall govern the application of the national standards set forth in subsection (a) with respect to covered actions. (2) Other regulations \nThe Administrator may issue other regulations regarding implementation of subsection (a) as the Administrator considers necessary.", "id": "H9932B3B185DD40B3ADD69B4953905325", "header": "National standards" }, { "text": "202. Determination of compliance with national oceans policy and national standards \n(a) Requirement \nAny determination of whether a covered action complies with section 201 shall be made in accordance with (1) regulations issued under section 201; and (2) any applicable Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act. (b) Application of national standards not affected \nThis section shall not be construed as limiting the application of section 201 before the approval or issuance of a Regional Ocean Ecosystem Plan by the Administrator. (c) Guidance \nWithin 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue detailed guidance to the Regional Ocean Councils, based on the national standards listed in section 201, for the issuance of Regional Ocean Ecosystem Plans under title VII. The guidance shall address— (1) assessing and monitoring the health of marine ecosystems; (2) how to apply the definition of marine ecosystem health at the regional level, including establishing marine ecosystem health criteria and indicators; (3) predicting the likely effects of proposed covered actions on the health of marine ecosystems, and determining whether those effects are significant; (4) facilitating ecosystem-based management of United States ocean waters and ocean resources; and (5) the types of covered actions that are likely to have a significant effect on the health of marine ecosystems. (d) National Research Council \nTo assist the Administrator in issuing guidance under subsection (c), the Administrator may request the National Research Council to— (1) convene a panel with expertise on marine science and the management of ocean resources to develop recommendations; and (2) update such recommendations every 5 years.", "id": "HE2583533D0D24070A79BCB15BF08C51E", "header": "Determination of compliance with national oceans policy and national standards" }, { "text": "203. Implementation \n(a) In general \nThe head of each Federal agency shall, in consultation with the Administrator, ensure that all covered actions of the agency comply with the national standards set forth in section 201. (b) Compliance review \nIn conducting an environmental review authorized under the National Environmental Policy Act of 1969 , the head of each Federal agency shall, after consultation with the Administrator, include in the review an assessment of the impact of the proposed covered action on the health of marine ecosystems. The Administrator, after considering any findings of the Regional Administrator concerned, shall determine whether the proposed covered action is in compliance with the policies, national standards, and any applicable Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act. (c) Changes or alternatives \nIf the Administrator determines that a proposed covered action is not in compliance with the policies, national standards, and any applicable approved Regional Ocean Ecosystem Plan under this Act, the Administrator shall propose changes or alternatives to the proposed covered action that would make the covered action be in compliance with this Act. (d) Resolution of disputes \n(1) Appeal to Council \nIf the Administrator determines that a proposed covered action is not in compliance with the policies and national standards set forth in this Act, the head of the agency proposing the covered action may appeal the determination to the National Oceans Council. (2) Policies and procedures for appeals \nThe National Oceans Council shall issue policies and procedures for hearing appeals under this subsection. (3) Determination of appeal \nIf an appeal is granted, the National Oceans Council shall, by a vote of at least two-thirds of the members of the Council, determine whether or not the proposed covered action is in compliance with the policies and national standards set forth in this Act. (4) Conditional determination of compliance \n(A) Conditional determination \nThe National Oceans Council may determine that a proposed covered action is in compliance with this Act subject to the agency complying, in conducting the action, with requirements, restrictions, or other conditions established by the National Oceans Council. (B) Compliance with conditions required \nIf the National Oceans Council establishes conditions for a proposed covered action under subparagraph (A), the agency may not conduct the action except in compliance with such conditions. (5) Referral to President \nIf the National Oceans Council does not determine in accordance with paragraph (2) that the proposed covered action is in compliance with the policies and national standards set forth in this Act— (A) the National Oceans Council shall, by vote of a majority of the members of the Council, approve and submit to the President a recommendation for resolving the matter; and (B) the President, after consideration of such recommendations, shall determine whether the proposed covered action is in compliance with the policies and national standards set forth in this Act. (e) Ensuring compliance \nThe head of each Federal agency and department shall ensure that final covered actions of such agency or department comply with this Act, including the implementation of changes recommended by the Administrator, the Council, or the President.", "id": "H5F606F2722074EC89861C6EE6A86958", "header": "Implementation" }, { "text": "204. Stricter standards \nNothing in this Act shall be construed to limit the authority of a local or State government or the Federal Government to establish more stringent standards, requirements, or restrictions within their respective jurisdictions, in order to provide greater protection of marine ecosystem health (including to be consistent with other applicable law), than the protection provided by a Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act.", "id": "H713D89C0A43C4B6A89D70755EDC5E7E9", "header": "Stricter standards" }, { "text": "301. Existence in Department of Commerce; mission \n(a) Establishment \nThere shall be in the Department of Commerce the National Oceanic and Atmospheric Administration. Reorganization Plan No. 4 of 1970 shall have no further force or effect. (b) Mission \nThe primary mission of the Administration is to— (1) act as the non-military Federal agency with responsibility for providing oversight of all United States ocean waters and ocean resources; (2) understand and predict changes in the Earth’s environment and conserve and manage ocean resources to meet our Nation’s economic, social, and environmental needs; (3) protect, maintain, and restore the health of marine ecosystems; and (4) promote the ecologically sustainable use and management of United States ocean waters and ocean resources. (c) Duties \nIt is the duty of the Administration to— (1) protect, maintain, and restore the health of marine ecosystems through ecosystem-based management in the United States; (2) assess climate variability and change to understand and predict climate system dynamics and the impacts of coupled atmosphere/oceans/land systems; (3) meet society’s diverse and expanding needs for weather-related information, and enhance preparedness for responding to weather conditions; (4) support research that provides a comprehensive understanding of marine systems to meet the environmental, economic, and public safety needs of the United States; (5) use the best available technology to explore and map United States ocean waters, and work collaboratively with other countries to use the best available technology to explore and map their ocean waters, in order to better understand ocean dynamics; (6) educate the United States about earth’s dynamic biosphere and how humans impact it; (7) carry out all functions of entities transferred to the Administration, including by acting as a focal point regarding oceans research and management; (8) ensure that people of the United States have access to the full range of environmental, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems; and (9) perform functions authorized to be carried out by the National Oceanic and Atmospheric Administration immediately before the enactment of this Act. (d) Offices \nThere shall be in the Administration the following offices: (1) The Office of Oceans Ecosystem Management and Protection, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the National Ocean Service; and (B) the National Marine Fisheries Service. (2) The National Weather Service. (3) The Office of Oceans and Atmospheric Research and Data Services, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Ocean and Atmospheric Research; and (B) the National Environmental Satellite, Data, and Information Service. (4) The Office of Education. (5) The Office of Personnel, Program, and Facilities Management, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Program Planning and Integration; and (B) Office of Marine and Aviation Operations.", "id": "HDEA7C42A927A449EAF9BE4BBFC26EAA5", "header": "Existence in Department of Commerce; mission" }, { "text": "302. Administrator; functions \n(a) Administrator \n(1) In general \nThere is an Under Secretary of Commerce for Oceans and Atmosphere. The Under Secretary shall be the Administrator of the National Oceanic and Atmospheric Administration, and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Head of agency \nThe Administrator— (A) is the head of the Administration; and (B) shall be responsible for ensuring that the duties of the Administration under section 301(c) are performed. (3) Functions vested in Administrator \nAll functions of all officers, employees, and organizational units of the Administration are vested in the Administrator. (4) Pay \nThe Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Authorities \nThe Administrator— (1) except as otherwise provided in this Act, may delegate any of the Administrator’s functions to any officer, employee, or organizational unit of the Administration; (2) may make contracts, grants, and cooperative agreements, and enter into agreements with other executive agencies, Indian tribes, States, regional agencies, interstate agencies, and local governments, as may be necessary and proper to carry out the Administrator’s responsibilities under this Act or as otherwise provided by law; (3) shall take reasonable steps to ensure that information systems and databases of the Administration are compatible with each other and with appropriate databases of other agencies; (4) has the authority to hire personnel, including the selection, appointment, distribution, supervision, compensation, and separation of personnel; (5) may procure services of experts and consultants in accordance with section 3109 of title 5, United States Code; (6) shall develop policy and guidance; (7) shall perform general management; and (8) may prescribe external affairs, including legal, legislative, and public affairs. (c) Coordination with non-federal entities \nWith respect to the duties of the Administration under section 301(c), the Administrator shall coordinate with State and local government personnel, agencies, and authorities, with the private sector, and with other entities. (d) Report to Congress \nThe Administrator shall transmit to the Congress once every 3 years a report that sets forth— (1) the status and condition of the health of marine ecosystems in United States ocean waters; (2) past, current, and projected trends in the quality, management, and utilization of United States ocean waters and the effects of those trends on the social, economic, recreational, and other requirements of the United States; (3) a review of the programs and covered actions (including regulatory activities) of the Federal Government, State and local governments, and nongovernmental entities or individuals with particular reference to their effect on ocean waters and on the conservation, development, and utilization of ocean resources; (4) a description of activities of the Administration to perform its duties under section 301(c) during the period covered by the report; and (5) a program for remedying the deficiencies of existing programs and activities, including recommendations for legislation.", "id": "HAAEDBD7F22E94597B7BFA04979925DA", "header": "Administrator; functions" }, { "text": "303. Other officers \n(a) Deputy Administrator \n(1) In general \nThere is a Deputy Administrator of the National Oceanic and Atmospheric Administration, who shall be appointed by the Administrator. The position of Deputy Administrator shall be a Senior Executive Service general position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Administrator is— (A) the Administrator’s first assistant and serves as an advisor to the Administrator on all program and policy issues; (B) responsible for ensuring the timely and effective implementation of Administration policies and objectives; and (C) acts in the position of the Administrator in the absence or disability of the Administrator, or in the event of a vacancy of that position. (b) Assistant Administrators \n(1) In general \nThere are the following officers with specified functions of the Administration, who shall each be appointed by the Administrator: (A) An Assistant Administrator for Oceans Ecosystem Management and Protection, who shall be the head of the Office of Oceans Ecosystem Management and Protection and shall oversee programs and activities of the Administration relating to marine ecosystem health and ecosystem-based management of United States ocean waters, including— (i) coastal, estuary, Great Lakes, and ocean management; (ii) watershed monitoring; (iii) coral reefs; (iv) harmful algal blooms; (v) hypoxia; (vi) response and restoration; (vii) fisheries research and management; (viii) protected resources research and management; (ix) habitat conservation research and management; (x) enforcement and surveillance services; (xi) marine and estuarine aquaculture; (xii) coastal and estuarine land conservation and restoration; (xiii) sanctuaries and marine protected areas; (xiv) invasive species; and (xv) ocean and coastal partnerships. (B) An Assistant Administrator for Weather Services, who shall be the head of the National Weather Service and shall oversee programs and activities of the Administration relating to— (i) weather research; (ii) air quality research; and (iii) weather systems operations and management. (C) An Assistant Administrator for Oceans and Atmospheric Research and Data Services, who shall be the head of the Office of Oceans and Atmospheric Research and Data Services and shall oversee programs and activities of the Administration relating to oceans and atmospheric science and research, including— (i) oceans, coastal, and Great Lakes research; (ii) navigation; (iii) coastal and ocean observing systems; (iv) climate research; (v) the National Sea Grant College Program; (vi) the National Undersea Research Program; (vii) ocean exploration, including as described in section 1001; (viii) polar research; (ix) environmental satellite observing systems; and (x) data centers and information services. (D) An Assistant Administrator for Oceans and Atmospheric Education, who shall be the head of the Office of Education and shall oversee programs and activities of the Administration relating to marine education and outreach, including— (i) the JASON Project; (ii) ocean science competition; (iii) educational partnership programs; and (iv) other responsibilities as described in section 904. (E) An Assistant Administrator for Personnel, Program, and Facilities Management, who shall be the head of the Office of Personnel, Program, and Facilities Management, shall oversee the programs and activities of the Administration relating to general management of personnel, programs, facilities (including all vessels and aircraft), and financial matters, including— (i) program management and direction; (ii) budget formulation, guidance, and execution; (iii) resource requirements determination and allocation; (iv) environment, safety, and health operations; and (v) administration of contracts, real property, and facilities. (F) A Chief Scientist, who shall be the chair of the Science Advisory Board of the Administration. (G) A General Counsel, who shall— (i) be the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (ii) perform such other functions and exercise such powers as the Administrator may prescribe. (2) Pay \nThe Chief Scientist, General Counsel, and each Assistant Administrator is a Senior Executive Service general position.", "id": "HB6852C9219A941119BB8B7DB2B93CE53", "header": "Other officers" }, { "text": "304. Qualifications of Administration officers \nThe Chief Scientist, General Counsel, Assistant Administrators, and Regional Administrators of the Administration shall be appointed from among individuals who are qualified by reason of background and experience to direct the implementation and administration of the functions for which they are responsible.", "id": "HE75DF3BB3B1C4623B7E8FD1444BFB4FF", "header": "Qualifications of Administration officers" }, { "text": "305. Transfer of marine mammals management functions to the Administrator \nThere is hereby transferred to the Administrator the function of marine mammals management authorized by the Marine Mammal Protection Act of 1972 and under the jurisdiction of the United States Fish and Wildlife Service immediately before the date of enactment of this Act.", "id": "H7B7F95EBE42C4DEAB1AB3446FA2C4404", "header": "Transfer of marine mammals management functions to the Administrator" }, { "text": "306. Science Advisory Board \n(a) In general \nThere shall be in the Administration a Science Advisory Board, which shall report to the Administrator. (b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator on long-range and short-range strategies for research, education, and application of science to ocean resource management and environmental assessment and prediction. (c) Members \n(1) In general \nThe Science Advisory Board shall consist of not less than 11 members, and not more than 15 members, appointed by the Administrator to assure a balanced representation among scientists, engineers, educators, and science policy experts who are preeminent in their field and have demonstrated experience reflecting the full breadth of the Administration’s areas of responsibility. (2) Terms \nMembers of the Science Advisory Board— (A) shall be appointed for a 3-year term; (B) may be reappointed once; and (C) shall serve at the discretion of the Administrator. (d) Compensation and expenses \nA member of the Science Advisory Board shall not receive compensation for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (e) Ethical standards \nMembers of the Science Advisory Board are subject to the ethical standards applicable to special Government employees. (f) Chair \nThe Chief Scientist is the chair of the Science Advisory Board. (g) Meetings \nThe Science Advisory Board shall meet at least twice a year, and at other times at the call of the Administrator or the chair of the Board. (h) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board.", "id": "H24279D204F4B493E8FD16FD263FCAF", "header": "Science Advisory Board" }, { "text": "307. Report of recommendations for reorganization to establish a Department of Natural Resources \nThe President shall submit to the Congress by not later than 2 years after the date of the enactment of this Act recommendations for reorganizing functions and components of existing Federal departments and agencies for the purpose of establishing a Department of Natural Resources having authority for Federal programs relating to land, air, and water resources, including freshwater and ocean resources.", "id": "H8C3E372672984C4993AB007999FFA1D", "header": "Report of recommendations for reorganization to establish a Department of Natural Resources" }, { "text": "401. Executive Advisor; mission \n(a) Establishment \n(1) In general \nThere is established in the Executive Office of the President a National Oceans Advisor, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Compensation \nThe Advisor shall be paid at a rate specified by the President not to exceed the rate payable for Level V of the Executive Schedule under section 5136 of title 5, United States Code. (b) Duties \nThe Advisor shall— (1) advise the President on implementation of this Act, activities of the National Oceans Council, section 501, and other covered actions relating to United States ocean waters and marine ecosystem health; (2) serve as the Executive Director of the National Oceans Council established by section 501; and (3) in consultation with the Administrator, coordinate Federal agency covered actions related to United States ocean waters and marine ecosystem health.", "id": "HCE953DC9DDB047AC8C1EB2BC698DC648", "header": "Executive Advisor; mission" }, { "text": "402. Staffing \n(a) In general \nThe Advisor, without regard to the civil service laws and regulations governing employment in the competitive service, may employ such officers and employees as may be necessary to carry out the functions of the National Oceans Advisor under this Act. (b) Voluntary and uncompensated services \nThe Advisor may accept, employ, and terminate voluntary and uncompensated services in furtherance of the purposes of the Advisor.", "id": "HF968595C32494D47A077B9F34360AA3E", "header": "Staffing" }, { "text": "501. Establishment of Council; mission \n(a) Establishment \nThere is established in the Executive Office of the President a National Oceans Council. (b) Duties \nThe Council shall— (1) facilitate interagency coordination on Federal agency covered actions related to United States ocean waters and marine ecosystem health and the implementation of this Act; (2) review and appraise the various programs and activities of the Federal Government for consistency with the policy set forth in section 101 and make recommendations to the President with respect thereto no later than 1 year after the date of enactment of this Act; (3) resolve interagency disputes regarding marine ecosystem health and in particular the implementation of this Act; (4) coordinate and certify agency ocean budgets regarding their sufficiency to achieve the policy set forth in section 101; and (5) submit to the President and publish at least once every 2 years a report on the condition of United States ocean waters. (c) Resources \nIn carrying out its functions under this Act, the Council may secure directly from any Federal agency or department any information it considers to be necessary to carry out its functions under this Act. Each such agency or department may cooperate with the Council and, to the extent permitted by law, shall furnish such information (other than information described in section 552(b)(1)(A) of title 5, United States Code) to the Council, upon request of the Council.", "id": "H91A8ADFD5AD2407EB8D1BFAA86BEBCAC", "header": "Establishment of Council; mission" }, { "text": "502. Chair; membership; functions \n(a) Chair \nThe National Oceans Advisor shall be the Chair of the Council. (b) Membership \n(1) In general \nThe Council shall have 19 voting members, as follows: (A) The Administrator of the National Oceanic and Atmospheric Administration. (B) The Secretary of State. (C) The Secretary of the Interior. (D) The Secretary of Defense. (E) The Secretary of Agriculture. (F) The Secretary of Transportation. (G) The Secretary of Homeland Security. (H) The Secretary of Education. (I) The Secretary of Energy. (J) The Secretary of Health and Human Services. (K) The Administrator of the Environmental Protection Agency. (L) The Director of the Office of Management and Budget. (M) The Director of the National Science Foundation. (N) Four State governors appointed by the National Governors Association, who shall represent State and local interests. (O) The Administrator of the National Aeronautics and Space Administration. (P) The Chair of the National Research Council Governing Board. (2) State governor members \n(A) Terms \nOf the members appointed under paragraph (1)(N)— (i) except as provided in clause (iii), their term as a member shall be 3 years; (ii) one member shall be appointed to an initial 3-year term that begins in a Federal election year in which there occurs an election of the President; (iii) one member shall be appointed to an initial 3-year term that begins in a Federal election year in which there does not occur an election of the President; and (iv) at least 2 shall be governors of coastal States. (B) Limitation on appointment \nA governor of a State may not be appointed under paragraph (1)(K) to a term on the Council that begins before the end of the 3-year period that begins upon the expiration of a prior term on the Council served by a governor of the State. (c) Staff \n(1) In general \nThe Chair, without regard to the civil service laws and regulations, may employ and terminate such employees as may be necessary to carry out its function under this Act. (2) Voluntary and uncompensated services \nThe Chair may accept, employ, and terminate voluntary and uncompensated services in furtherance of the purposes of the Council.", "id": "HF6FF0241A8234396B11C2D3ECDF12429", "header": "Chair; membership; functions" }, { "text": "503. Limitations on voting \n(a) Administrator \nThe Administrator may not participate in any vote of the National Oceans Council on any matter concerning resolution of an interagency dispute regarding marine ecosystem health. (b) Head of agency \nA member of the National Oceans Council may not participate in any vote of the National Oceans Council on any matter concerning resolution of an interagency dispute regarding a covered action by a Federal agency that is under the administrative jurisdiction of the member.", "id": "H633B29D9ABA34D3E89485BA72D9210F3", "header": "Limitations on voting" }, { "text": "601. Establishment of Council \nThere is established the Council of Advisors on Oceans Policy.", "id": "HAEF9277147D2446190948B568D6C4880", "header": "Establishment of Council" }, { "text": "602. Duties \nThe Council shall advise the President, the National Oceans Advisor, and the National Oceans Council on policies to protect, maintain, and restore the health of marine ecosystems on a regional and national basis.", "id": "HADD7A21943B346C5BDF213D8F0D7551C", "header": "Duties" }, { "text": "603. Membership \n(a) In general \nThe Council shall have not less than 13 members and not more than 17 members (as determined by the President) appointed by the President. (b) Included members \nThe members of the Council shall include at least 1 representative of each of the following: (1) State, tribal, and local governments. (2) The marine science research community. (3) The marine science education community. (4) Fisheries. (5) Non-fishing marine activities. (6) Agriculture, which may include timber. (7) Watershed organizations (other than organizations represented under paragraph (8)), which may include resource conservation districts. (8) Non-governmental organizations (other than organizations represented under paragraph (7)), including groups interested in marine conservation. (c) Terms \n(1) In general \nExcept as provided in paragraph (2), the term of a member of the Council shall be 3 years. (2) Initial appointees \nOf the members initially appointed to the Council— (A) one-half shall be appointed to a 3-year term that ends in a Federal election year in which there occurs an election of the President; and (B) one-half shall be appointed to a 3-year term that ends in a Federal election year in which there does not occur an election of the President; (d) Qualification \nMembers of the Council shall be appointed based on their knowledge and experience in coastal, ocean, and atmospheric science, policy, and other related areas. (e) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (f) Limitation \nAn individual may not serve more than 2 terms as a member of the Council. (g) Compensation and expenses \nA member of the Council shall not receive compensation for service on the Council, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.", "id": "HB57AF1B86EC64223B91B27A29BCA45C2", "header": "Membership" }, { "text": "604. Meetings \nThe Council shall meet at least 2 times each year and more often at the President’s discretion.", "id": "H6FFED4701E18455D9DA64E91AE0013E3", "header": "Meetings" }, { "text": "701. Findings \nThe Congress finds the following: (1) Ecosystem-based management of United States ocean waters— (A) is needed to protect, maintain, and restore the health of marine ecosystems; (B) may occur at scales larger or smaller than the ocean regions designated by this title; (C) will coordinate among management of terrestrial, atmospheric, and ocean resources; (D) requires partnerships among State, local, tribal, and Federal governments that promote coordination of such governments; and (E) will be greatly enhanced by regional ocean observing systems.", "id": "HFD8A9AEE5B75442989F26FFD7513FCF", "header": "Findings" }, { "text": "702. Designation of ocean regions; Regional Administrators \n(a) Establishment of regions \nThere are hereby designated the following ocean regions: (1) North Pacific Ocean Region \nThe North Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the State of Alaska, including such waters of the Arctic Ocean, Bering Sea, and Pacific Ocean seaward of Alaska. (2) Pacific Ocean Region \nThe Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the States of California, Oregon, and Washington. (3) Western Pacific Ocean Region \nThe Western Pacific Ocean Region, which shall consist of United States ocean waters off the coast of the State of Hawaii and of American Samoa, Guam, and the Northern Mariana Islands, including such waters of the Pacific Ocean seaward of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area. (4) Gulf of Mexico Ocean Region \nThe Gulf of Mexico Ocean Region, which shall consist of United States ocean waters of the Gulf of Mexico off the coast of the States of Texas, Louisiana, Mississippi, Alabama, and Florida. (5) South Atlantic Ocean Region \nThe South Atlantic Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of North Carolina, South Carolina, Georgia, and Florida. (6) Caribbean Ocean Region \nThe Caribbean Ocean Region, which shall consist of United States ocean waters of the Caribbean Sea and Atlantic Ocean off the coast of the Virgin Islands and the Commonwealth of Puerto Rico. (7) Mid-Atlantic Ocean Region \nThe Mid-Atlantic Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia. (8) New England Ocean Region \nThe New England Ocean Region, which shall consist of United States ocean waters of the Atlantic Ocean off the coast of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut. (9) Great Lakes Region \nThe Great Lakes Region, which shall consist of United States ocean waters of the Great Lakes off the coast of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York. (b) National Oceanic and Atmospheric Administration Regional Offices \n(1) Establishment \nThe Administrator shall, by not later than 1 year after the date of the enactment of this Act— (A) establish for each ocean region designated under subsection (a) a National Oceanic and Atmospheric Administration Regional Office, which shall be relatively centrally located in the coastal area of the ocean region; and (B) appoint a Regional Administrator of the National Oceanic and Atmospheric Administration for that region. (2) Functions of Regional Administrators \nA Regional Administrator appointed under paragraph (1) for an ocean region shall— (A) be the head of the National Oceanic and Atmospheric Administration Regional Office established for that region; (B) be responsible for implementation of this title with respect to that ocean region; (C) provide a written opinion to the Administrator on the consistency of a proposed covered action with an approved Regional Ocean Ecosystem Plan; (D) support coordination and information transfer between Regional Oceans Councils and agencies and groups at the international, Federal, State, tribal, territorial, local, and other levels; (E) conduct other tasks as deemed necessary by the Administrator to fulfill the mission of the Agency; and (F) report directly to the Administrator on matters relating to regional implementation of this Act. (3) Staff \nThe Regional Administrator appointed under paragraph (1) for an ocean region shall appoint staff for the National Oceanic and Atmospheric Administration Regional Office for the ocean region.", "id": "HC0EDE574C6744FD1BCCA5D84A6AB20EE", "header": "Designation of ocean regions; Regional Administrators" }, { "text": "703. Regional Ocean Councils \n(a) Establishment \nThe Administrator shall establish, within 120 days after the date of the enactment of this Act, a Regional Ocean Council for each of the regions designated under section 702(a), as follows: (1) North Pacific council \nThe North Pacific Regional Ocean Council, which shall include at least 1 representative of the State of Alaska and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the North Pacific Ocean Region. (2) Pacific council \nThe Pacific Regional Ocean Council, which shall include at least 1 representative of each of the States of California, Oregon, and Washington, and shall have authority to develop and implement a Regional Ocean Ecosystem plan as required under section 704 for United States ocean waters of the Pacific Ocean Region. (3) Western Pacific council \nThe Western Pacific Regional Ocean Council, which shall include at least 1 representative of each of the State of Hawaii and American Samoa, Guam, and the Northern Mariana Islands and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Pacific Ocean Region. (4) Gulf of Mexico council \nThe Gulf of Mexico Regional Ocean Council, which shall include at least 1 representative of each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Gulf of Mexico Ocean Region. (5) South Atlantic council \nThe South Atlantic Regional Ocean Council, which shall include at least 1 representative of each of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United Sates ocean waters of the Atlantic Ocean Region. (6) Caribbean council \nThe Caribbean Regional Ocean Council, which shall include at least 1 representative of each of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Caribbean Ocean Region. (7) Mid-Atlantic council \nThe Mid-Atlantic Regional Ocean Council, which shall include at least 1 representative of each of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, and Virginia and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Atlantic Ocean Region. (8) New England council \nThe New England Regional Ocean Council, which shall include at least 1 representative of each of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the New England Ocean Region. (9) Great Lakes council \nThe Great Lakes Oceans Council, which shall include at least 1 representative of each of the States of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, Pennsylvania, and New York and shall have authority to develop and implement a Regional Ocean Ecosystem Plan as required under section 704 for United States ocean waters of the Great Lakes Region. (b) Membership \n(1) Number \nEach Council shall consist of— (A) the Regional Administrator for the ocean region under the authority of the Council, who shall be the chairperson of the Council; and (B) a number of additional members determined by the Administrator consistent with this subsection. (2) Equal numbers of Federal and State members \nOf the total number of members of each Council under paragraph (1)(B)— (A) one half shall be Federal representatives appointed under paragraph (3); and (B) one half shall be State representatives appointed under paragraph (4). (3) Federal representatives \n(A) In general \nThe Administrator, in consultation with the National Oceans Council, shall appoint representatives of the Federal Government to each Council from among officers or employees of Federal agencies or departments whose actions relate to protecting, maintaining, and restoring marine ecosystem health of United States ocean waters. (B) Included agencies \nThe members appointed to each Council under this paragraph— (i) may include officers or employees of the Department of the Interior, the Environmental Protection Agency, the Corps of Engineers, and other agencies considered by the Regional Administrator for the ocean region under the authority of the Council to be appropriate to implement ecosystem-based management; and (ii) shall include an officer or employee of the Administration. (C) Pacific and North Pacific Councils \nThe members appointed to each of the Pacific Regional Ocean Council and the North Pacific Regional Ocean Council shall include tribal representation. (4) State representatives \n(A) State Appointments \nThe Governor of each State, Commonwealth, territory, and possession of the United States with a representative on a Council under subsection (a) shall appoint as such member of the Council an officer or employee of a State agency having responsibilities relating to marine ecosystem health. (B) Additional Appointments \nThe Administrator shall appoint to each Council such total number of additional representatives of States, Commonwealths, territories, and possessions of the United States with a representative on the Council under subsection (a) as is necessary to comply with paragraph (2). (c) Procedures \n(1) In general \nExcept as provided in paragraph (2), each Council shall operate in accordance with procedures established by the Council and approved by the Administrator. (2) Interim procedures \nEach Council shall operate in accordance with interim procedures prescribed by the Administrator until such time as the Administrator approves procedures established by the Council under paragraph (1). (3) Required procedures \nThe Administrator shall prescribe requirements for approval of procedures under paragraph (1), and interim procedures for purposes of paragraph (2), including such requirements and interim procedures that address— (A) issues of transparency in decision making; and (B) opportunities for public comment. (d) Staff \n(1) Hiring authority \nEach Council may hire such staff as is necessary to perform the functions of the Council. (2) Treatment \nStaff hired by a Council shall be treated as employees of the Administration. (e) Consideration of other regional efforts \nIn performing functions under this title, each Council shall— (1) to the extent practicable and consistent with other provisions of this Act, consider and build on other efforts within the region relating to the ecologically sustainable management of United States ocean waters, including regional ocean observing programs and restoration projects; and (2) in cases in which marine ecosystem health may be better ensured by activities at a scale larger or smaller than the ocean region of the Council, make every effort to consider and support such activities. (f) International cooperation \nEach Council is encouraged to foster non-binding relationships with foreign governments, agencies, States, provinces, and other entities as appropriate, at scales appropriate to the region under the authority of the Council, including by providing opportunities for non-voting participation by foreign representatives at meetings of the Council, its advisory committees, and other working groups.", "id": "H5EA34E061F1046E08C7E6500A3817EB7", "header": "Regional Ocean Councils" }, { "text": "704. Regional Ocean Ecosystem Plans \n(a) Requirement \nEach Regional Ocean Council shall, within 5 years after the establishment of the Council, prepare and submit to the Administrator a Regional Ocean Ecosystem Plan for the ocean region under the authority of the Council. (b) Contents \nEach Regional Ocean Ecosystem Plan prepared under this section shall include, at a minimum, provisions that accomplish the following with respect to the ocean region for which it is prepared: (1) Provide guidance for implementing ecosystem-based management of all United States ocean waters. (2) Assess the history and state of the ocean region, including the health of marine ecosystems within the ocean region. (3) Identify the key threats to marine ecosystem health and describe ways to address those threats. (4) Identify gaps in knowledge and information that would inform ecosystem-based management. (5) Prioritize research and conservation efforts needed, including research and conservation carried out by the Administration. (6) Provide for the development and monitoring of criteria and indicators, as described in section 202, of the health of marine ecosystems. (7) Establish clear and measurable management and restoration goals for marine ecosystem health. (8) Provide for the development and implementation of enforceable policies to protect, maintain, and restore marine ecosystem health. (9) Comply with the national standards and policy under section 201. (10) Assign clear roles and responsibilities regarding efforts to protect, maintain, and restore marine ecosystem health. (11) Coordinate with existing ecosystem-based management efforts within the ocean region. (c) Review of plans \n(1) Review by Administrator \nUpon submission by a Council to the Administrator of a Regional Ocean Ecosystem Plan or amendment to such a plan, the Administrator shall— (A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; and (B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Administrator— (i) during the 120-day period beginning on the date the notice is published, in the case of a plan; or (ii) 90-day period beginning on the date the notice is published, in the case of an amendment. (2) Considerations and consultation \nIn undertaking the review required under paragraph (1), the Administrator shall— (A) take into account the information, views, and comments received from interested persons; (B) consult with the Secretary of State with respect to foreign use of United States ocean waters; (C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea; and (D) consult with the Secretary of the Interior and other Federal agencies, as appropriate. (3) Approval or disapproval \n(A) Requirement \nThe Administrator shall approve, disapprove, or partially approve a Regional Ocean Ecosystem Plan or amendment within 60 days after the end of the comment period under paragraph (1) in the case of a plan, or within 30 days after the end of the comment period under paragraph (1) in the case of an amendment, by written notice to the Council. A notice of disapproval or partial approval shall specify— (i) the applicable law with which the plan or amendment is inconsistent; (ii) the nature of such inconsistencies; and (iii) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. (B) Automatic effectiveness \nIf the Administrator does not notify a Council within 60 days after the end of the comment period in the case of a plan, or within 30 days after the end of the comment period in the case of an amendment, of the approval, disapproval, or partial approval of a Regional Ocean Ecosystem Plan or amendment, then such plan or amendment shall take effect as if approved. (4) Submission of revisions for full approval \nIf the Administrator disapproves or partially approves a Regional Ocean Ecosystem Plan or amendment, the Council may submit a revised plan or amendment to the Administrator for review under this subsection. (5) Immediately defined \nFor purposes of this subsection, the term immediately means on or before the 5th day after the day on which a Council transmits to the Administrator a Regional Ocean Ecosystem Plan or amendment to such a plan that the Council characterizes as final. (d) Interim report \nEach Council shall submit to the Administrator, by not later than 30 months after the date of completion of appointment of the members of the Council, an interim report on progress made by the Council in preparing a Regional Ocean Ecosystem Plan under this section. (e) Preparation by Administrator \nIf a Council fails to prepare and submit a Regional Ocean Ecosystem Plan in accordance with this section within 5 years after the date of the enactment of this Act, the Administrator shall prepare such plan within 7 years after the date of the enactment of this Act. If a Council fails to have a fully approved Regional Ocean Ecosystem Plan for that ocean region within 7 years after the date of enactment of this Act, the Administrator shall prepare such amendments as necessary to make the plan be in compliance with this Act within 8 years after the date of enactment of this Act. The Regional Administrator for that ocean region shall be responsible for monitoring the progress of the Council’s development of the Regional Ocean Ecosystem Plan and offering comment regarding the extent to which the plan is consistent with this Act. (f) Updating of plans \nEach Council shall review and, as appropriate, submit to the Administrator amendments to revise the Regional Ocean Ecosystem Plan that applies to the ocean region over which it has authority at least once every 8 years.", "id": "HA63874557C5540038723D7972822C95", "header": "Regional Ocean Ecosystem Plans" }, { "text": "705. Consistency requirements \nEach covered action that may significantly affect United States ocean waters in an ocean region shall be carried out in a manner that is consistent to the fullest extent possible with the enforceable policies of any Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this title.", "id": "H79A55BFBBB444361ADC21CF58D89EDCB", "header": "Consistency requirements" }, { "text": "706. Regional Ocean Council advisory committees \n(a) Authority \nEach Council may establish and appoint the members of advisory committees and working groups as necessary for preparation of a Regional Ocean Ecosystem Plan under this title. (b) Required advisory committees \nEach Council shall establish and appoint the members of the following advisory committees: (1) A Science Advisory Committee in accordance with subsection (c). (2) A Citizens Advisory Committee in accordance with subsection (d). (3) An Inland States Advisory Committee in accordance with subsection (e). (c) Advice and input \nThe Council, advisory committees, and any associated working groups may seek advice and input from any interested or knowledgeable person as deemed necessary. (d) Science Advisory Committee \n(1) Membership \nThe Science Advisory Committee established under subsection (b) shall be comprised of an interdisciplinary membership that includes individuals who are qualified by reason of academic background and experience to represent natural and social science fields of study, including biology, ecology, oceanography, atmospheric science, geology, geography, sociology, anthropology, and economics. (2) Functions \nThe Science Advisory Committee established under subsection (b) shall— (A) provide scientific expertise on the validity and overall approach taken by the Council in its efforts to protect, maintain, and restore the health of marine ecosystems; (B) oversee the peer-review of documents and technical reports produced by the Council and the quality of documents and technical reports used by the Council; and (C) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees and working groups. (3) Effect of recommendations \nThe Science Advisory Committee may issue publicly available Implementation Instructions. In such cases, the Council shall, within 90 days of issuance of Implementation Instructions, consult with advisory committees and working groups as deemed appropriate, and— (A) implement the recommendation; or (B) provide publicly available written explanation as to why the Implementation Instructions were not implemented. (4) Other guidance \nThe Science Advisory Committee may issue guidance and other statements not subject to the above provision. (e) Citizens Advisory Committee \n(1) Membership \nThe Citizens Advisory Committee shall be comprised of nongovernmental members of the public, including, but not limited to, a wide range of citizens interested in multiple uses of United States ocean waters and ocean resources. (2) Functions \nThe Citizens Advisory Committee shall— (A) provide information about the activities encompassed in, affected by, or pertinent to Regional Ocean Ecosystem Plans; (B) advise the Council as appropriate; and (C) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees, and working groups. (f) Inland States Advisory Committee \nThe Inland-States Advisory Committee established under subsection (b) shall— (1) have a membership that is comprised of representatives of inland States that, according to maps and data of the United States Geological Survey, have jurisdiction over waters that feed into the ocean region over which the Council has authority; (2) facilitate communication between such inland States and coastal States regarding important coastal and ocean issues that cannot be solved without inland State participation; and (3) provide consultation to Council staff in their efforts to provide information or guidance requested by the Council, its committees, and working groups. (g) FACA \nThe Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to any advisory committee established by a Council.", "id": "H6E7BCA7CA9294A4C9B6FBEC6358EA4A7", "header": " Regional Ocean Council advisory committees" }, { "text": "707. Financial assistance to States \nThe Administrator shall provide financial assistance to States for expenses incurred in participating on a Regional Ocean Council or an Inland States Advisory Committee under this title.", "id": "H06532002EBFF4AF28E61886E8D7B7803", "header": "Financial assistance to States" }, { "text": "708. Citizen suits \n(a) Suits authorized \nAny person may commence a civil suit on the person’s own behalf— (1) to enjoin any person, including the United States or any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), that is alleged to be in violation of this Act or any regulation issued under this Act; (2) seeking judicial review of the compliance— (A) of a Regional Ocean Ecosystem Plan with the requirements of this Act; or (B) of the actions of any person with a Regional Ocean Ecosystem Plan approved or prepared by the Administrator under this Act; or (3) against the Administrator for a failure of the Administrator to perform any act or duty under this Act that is not discretionary. (b) Jurisdiction \nThe district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce this Act or any such regulation or to order the Administrator to perform such act or duty, as the case may be. (c) Venue \nAny suit under this section shall be brought in the Federal judicial district in which occurs the violation or failure, as applicable. (d) Intervention by United States \nIn any suit under this section in which the United States is not a party, the Attorney General, at the request of the Administrator, may intervene on behalf of the United States as a matter of right. (e) Award of costs \nThe court, in issuing any final order in any suit brought under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (f) Preservation of other rights \nThis section shall not restrict any right that any person or class of persons may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief, including relief against the Administrator or a State agency.", "id": "H51173AA6B70347419F22FE9B3499F269", "header": "Citizen suits" }, { "text": "801. Committee on Ocean Science, Education, and Operations \n(a) Committee \nThe Chair of the National Oceans Council created under section 502 of this Act shall establish a Committee on Ocean Science, Education, and Operations (referred to in this Act as the Committee ). (b) Membership \nThe Committee shall be composed of the following members: (1) The Administrator. (2) The Secretary of the Navy. (3) The Director of the National Science Foundation. (4) The Administrator of the National Aeronautics and Space Administration. (5) The Under Secretary of Energy for Energy, Science, and Environment. (6) The Administrator of the Environmental Protection Agency. (7) The Under Secretary of Homeland Security for Science and Technology. (8) The Commandant of the Coast Guard. (9) The Director of the United States Geological Survey. (10) The Director of the Minerals Management Service. (11) Under Secretary of Agriculture for Research, Education, and Economics. (12) The Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs. (13) The Director of the Defense Advanced Research Projects Agency. (14) The Director of the Office of Science and Technology Policy. (15) The Director of the Office of Management and Budget. (16) The Under Secretary of Education. (17) The leadership of such other Federal agencies and departments as the chair and vice chairs of the Committee consider appropriate. (c) Chair and vice chairs \nThe chair and vice chairs of the Committee shall be appointed every two years by a selection subcommittee of the Committee composed of, at a minimum, the Administrator, the Secretary of the Navy, the Director of the United States Geological Survey, and the Director of the National Science Foundation. The term of office of the chair and vice chairs shall be two years. A person who has previously served as chair or vice chair may be reappointed. (d) Responsibilities \nThe Committee shall— (1) serve as the primary source of advice and support on scientific research, technology, education, and operational matters for the National Oceans Council and assist in carrying out the functions of the National Oceans Council as they relate to such matters, including budgetary analyses; (2) improve cooperation among Federal departments and agencies with respect to ocean and coastal science budgets; (3) develop and recommend to the National Oceans Council the National Strategy for Ocean and Coastal Science under section 802, and oversee its implementation; (4) prescribe policies and procedures and provide support for the National Ocean Partnership Program under section 803; (5) establish interagency subcommittees and working groups as appropriate to develop comprehensive and balanced Federal programs and approaches to ocean and coastal science issues and needs; (6) consult with Regional Ocean Councils and academic, State, industry, foundation, and other partners in the conduct of coastal and marine operations, research, and education and with actual and potential users of ocean science information in establishing priorities and developing plans for research and technology and education; (7) cooperate with the Secretary of State in— (A) coordinating United States Government activities with those of other nations and with international research and technology and education relating to or affecting issues addressed by the National Oceans Council; and (B) providing, as appropriate, support for and representation on United States delegations to relevant international meetings; and (8) carry out such other activities as the National Oceans Council may require.", "id": "H0885D50342374E2D899BFD91A3747F12", "header": "Committee on Ocean Science, Education, and Operations" }, { "text": "802. National Strategy for Ocean and Coastal Science \n(a) Goals and priorities \nThe Chair of the National Oceans Council, after consultation with Regional Ocean Councils established under title VII and through the Committee, shall develop a National Strategy for Ocean and Coastal Science. The Chair shall submit the strategy to the Congress within two years after the date of enactment of this Act, and a revised strategy shall be submitted at least once every five years thereafter. The strategy shall establish, for the 10-year period beginning in the year the strategy is submitted, the scientific goals and priorities for ocean and coastal research, technology, education, and operations which most effectively advance knowledge and provide usable information as the basis for policy decisions to— (1) understand, assess, and respond to human-induced and natural processes of global climate and environmental change; (2) improve public forecasts and warnings and mitigate natural hazards; (3) enhance safety and efficiency of marine operations to benefit the public, the economy, and the environment; (4) support efforts to protect, maintain, and restore the health of marine ecosystems and to implement ecosystem-based management of United States ocean waters and ocean resources, including how marine ecosystems function on varying spatial and temporal scales and how biological, physical, geological, chemical, and socioeconomic processes interact; (5) implement and monitor the effectiveness of ocean and coastal environmental policies; (6) contribute to public understanding of coastal and global ocean systems and public awareness of the importance and health of marine ecosystems; (7) respond to environmental changes that affect human health; and (8) strengthen homeland security and military preparedness. (b) Strategy \nThe strategy shall— (1) describe specific activities required to achieve established goals and priorities including research and education programs, observation collection and analysis requirements, technology development, facility and equipment investments, information management, student support and training, data stewardship and access, and participation in international research, education, and other capacity-building efforts; (2) identify and address relevant programs and activities of the Federal agencies and departments represented on the Committee that will contribute to scientific goals and priorities and set forth the role of the National Ocean Partnership Program and each Federal agency and department in implementing the strategy; (3) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, Regional Ocean Councils, the National Research Council, or other entities; (4) make recommendations for the coordination of ocean and coastal science activities of the United States with those of other nations and international organizations, including bilateral and multilateral proposals for cooperation on major projects, for improving worldwide access to scientific data and information, and for encouraging participation in international ocean science research and education programs by developing nations; and (5) estimate, to the extent practicable, Federal funding for ocean and coastal science activities to be conducted pursuant to the strategy. (c) Strategic elements \nThe strategy shall provide for, but not be limited to, the following elements: (1) Global measurements on all relevant spatial and time scales, establishing worldwide observations necessary to study and assess coastal and global ocean systems, including health of marine ecosystems, and support information needs for goals and priorities identified in section 802(a). (2) National ocean partnerships, building partnerships among Federal agencies, academia, industries, and other members of the ocean and coastal science community in the areas of research, education, data systems, and communication. (3) Marine science facility support, ensuring the procurement, maintenance, and operation of the national oceanographic research fleet and related infrastructure to provide for sustained ocean and coastal observations from in situ, remote, aircraft, and vessel platforms. (4) Focused research initiatives, using a competitive process to select and fund grants to advance understanding of, the nature of, and interaction among physical, chemical, geological, and biological processes of the oceans, including the effects of human activities on such processes and assessment and development of methods for restoration of these processes. (5) Technology development, supporting development of new technologies and sensors to achieve strategic and program goals, and development of algorithms, analysis methods, and long-term data records for emerging operational sensors. (6) Workforce development, building and maintaining a diverse national ocean science professional workforce through traineeships, scholarships, fellowships, and internships. (7) Ocean science education, providing national coordination of formal and informal ocean science education programs at all education levels and establishing mechanisms to improve ocean literacy, contribute to public awareness of the importance of healthy marine ecosystems, and create an oceans stewardship ethic among citizens. (8) Information management, establishing and maintaining information systems that promote efficient stewardship, transfer, and use of data, create globally accessible data standards and formats, and allow analysis of data from varied sources to produce information readily usable by policymakers and stakeholders. (d) Public participation \nIn developing the strategy, the Committee shall consult with Regional Ocean Councils and academic, State, industry, and environmental groups and representatives. Not later than 90 days before the Chair of the Council submits the strategy, or any revision thereof, to the Congress, a summary of the proposed strategy shall be published in the Federal Register for a public comment period of not less than 60 days.", "id": "HF7590CCFD15B4ABCA8DF8D0097F9E68B", "header": "National Strategy for Ocean and Coastal Science" }, { "text": "803. National Ocean Partnership Program \n(a) Purposes \nBuilding on the program established under section 7901 of title 10, United States Code, the Committee shall strengthen and maintain the National Ocean Partnership Program for the purposes of— (1) coordinating and strengthening ocean and coastal science efforts to promote interagency goals and priorities established in the National Strategy for Ocean and Coastal Science; (2) identifying and providing support for partnerships among Federal agencies, academia, industries, and other members of the ocean and coastal science community in the areas of research and technology, education, data systems, observations, and communication; (3) monitoring trends in the Federal investment in ocean sciences research and development and in education for marine-oriented professions, focusing in particular on Federal workforce needs; and (4) reporting to Congress on the progress of partnership activities under the program. (b) Selection criteria \nPartnership projects for implementation under the program shall be reviewed, selected, identified, and allocated funding based on the following criteria: (1) The project addresses critical scientific research or education objectives or operational goals which add value through interagency cooperation. (2) The project has broad participation within the marine community. (3) The partners have a long-term commitment to the objectives of the project. (4) Resources supporting the project are shared among the partners. (5) The project includes a plan for education and outreach. (6) The project has been subjected to peer review. (c) Annual report \nNot later than March 1 of each year, the Committee shall submit to Congress a report on the National Ocean Partnership Program. The report shall contain the following: (1) A description of activities of the program carried out during the fiscal year before the fiscal year in which the report is prepared, together with a list of the members of the Ocean Research and Education Advisory Panel and any working groups in existence during the fiscal year covered. (2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. (3) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year. (4) An analysis of trends in ocean-related human resource development, focusing in particular on Federal workforce needs, and in the Federal investment in ocean sciences research and development. (5) A description of the involvement of the program with Federal interagency coordinating entities. (6) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal year. (d) Partnership program office \nThe Committee shall establish a partnership program office for the National Ocean Partnership Program. The Committee shall use competitive procedures in selecting an operator for the partnership program office and supervise performance of duties by such office. Responsibilities of the partnership program office shall include— (1) establishment and oversight of working groups to identify potential themes suitable for partnership projects to the Committee and recommendations to the Committee on such projects; (2) management of the process for proposing partnership projects to the Committee, including the peer review process for such projects; (3) preparation and submission to the Committee of the annual status of all partnership projects and activities of the office; (4) development and maintenance of a database on investments by Federal agencies in ocean and coastal research and education and on the status of the national ocean and coastal workforce; and (5) any additional duties for the administration of the National Ocean Partnership Program or to support Committee activities that the Committee considers appropriate. (e) Contract and grant authority \nThe Committee may authorize 1 or more of the departments or agencies represented on the Committee to enter into contracts and make grants, using funds appropriated pursuant to an authorization for the National Ocean Partnership Program, for the purpose of implementing the program and carrying out the responsibilities of the National Oceans Council. (f) Interagency financing \nThe departments and agencies represented on the Committee are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any member of the Committee for the purposes of carrying out any administrative or programmatic project or activity under the National Ocean Partnership Program, including support for a common infrastructure and system integration for an ocean observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Committee member and the costs of the same. (g) Forms of partnership projects and activities \n(1) A partnership project or activity under the National Ocean Partnership Program may be established by any instrument that the Committee considers appropriate, including grants, memoranda of understanding, cooperative research and development agreements, and similar instruments. (2) The Committee shall establish uniform proposal request and application procedures and reporting requirements for use by each department and agency represented on the Committee that are applicable to all projects and activities under the National Ocean Partnership Program. (3) Projects under the program may include demonstration projects.", "id": "HBC7DF3ADD6CC4AD2B5004D5400F46E5", "header": "National Ocean Partnership Program" }, { "text": "804. Ocean Research and Education Advisory Panel \n(a) Membership \nThe Committee shall maintain an Ocean Research and Education Advisory Panel consisting of not less than 10 and not more than 18 members appointed by the chair, including the following: (1) One member representing the National Academy of Sciences. (2) One member representing the National Academy of Engineering. (3) One member representing the Institute of Medicine. (4) Members selected from among individuals representing ocean industries, State governments, academia, nongovernmental organizations, and such other participants in ocean and coastal activities as the chair considers appropriate. (5) Members selected from among individuals eminent in the fields of marine science, marine policy, ocean engineering, or related fields. (6) Members selected from among individuals eminent in the field of education. (b) Term limits \nMembers shall be appointed for 3 years. (c) Responsibilities \nThe Advisory Panel shall advise the Committee on the following: (1) Development and implementation of the National Strategy for Ocean and Coastal Science. (2) Policies and procedures to implement the National Ocean Partnership Program and on selection of partnership projects and allocation of funds to implement partnership projects under the program. (3) Matters relating to national oceanographic data requirements, ocean and coastal observing systems, ocean science education and training, and oceanographic facilities including renewal of the national academic research fleet. (4) Any additional matters that the Committee considers appropriate. (d) Procedural matters \n(1) All meetings of the Advisory Panel shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information that pertains to national security, employment matters, litigation, or other reasons provided under section 552b of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Advisory Panel may administer oaths or affirmations to any person appearing before it. (2) All open meetings of the Advisory Panel shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (3) Minutes of each meeting shall be kept and shall include a record of the people present, a description of the discussion that occurred, and copies of all statements filed. Subject to section 552 of title 5, United States Code, the minutes and records of all meetings and other documents that were made available to or prepared for the Advisory Panel shall be available for public inspection and copying at a single location in the partnership program office. (4) The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Advisory Panel. (e) Funding \nThe chair and vice chairs of the Committee annually shall make funds available to support the activities of the Advisory Panel.", "id": "HADD30F1A26F444FABD087F0023FF00A4", "header": "Ocean Research and Education Advisory Panel" }, { "text": "805. Marine ecosystems research \n(a) Ecosystem-based approaches \nThe Administrator shall work with the Committee to identify research efforts for improving ecosystem-based management efforts to protect, maintain, and restore marine ecosystem health while accommodating human use and occupancy. (b) Marine biodiversity research program \nAs part of this effort, the Administrator, in cooperation with the Office of Naval Research, the National Science Foundation, the Department of Energy, and other Federal agencies represented on the Committee, shall establish and maintain a ten-year interagency research program to assess and explain the diversity, conservation, distribution, functions, and abundance of marine organisms in the world’s oceans for the purposes of— (1) understanding the patterns, causes, processes, and consequences of changing marine biological diversity; (2) improving the linkages between marine ecological and oceanographic sciences and guiding ecosystem-based management efforts, so as to protect, maintain, and restore marine ecosystem health; (3) strengthening and expanding the field of marine taxonomy, including use of genomics and proteomics; (4) facilitating and encouraging the use of new technological advances, predictive models, and historical perspectives to investigate marine biodiversity; (5) using new understanding gained through the program to improve predictions of the impacts of human activities on the health of the marine environment, and of the impacts of changes in the health of the marine environment on human well-being; and (6) enhancing formal and informal outreach and education efforts through research-generated knowledge, information, and tools. (c) Program elements \nThe research program established under this section shall provide for, but not be limited to, the following: (1) Dynamic access to biological data through an ocean biogeographic information system that links marine databases, manages data generated by the program, and supports analysis of biodiversity and related physical and ecological parameters. (2) Integrated regional studies of marine ecosystems that focus on appropriate scales to support ecosystem-based management. (3) Improved biological sensors for ocean observing systems. (4) Investment in exploration and taxonomy to study little known areas and describe new species. (5) Studies of earlier changes in marine populations to trace information on biological abundance, distribution, function, and diversity to the earliest historical periods of minimum human impact. (6) Improved predictive capability to enhance the effectiveness of ecosystem-based management and minimize adverse impacts of human activities on United States ocean waters and ocean resources. (d) Scientific assessment \nThe Administrator, through the Committee, shall prepare and submit to the President and the Congress a biennial assessment that— (1) integrates, evaluates, and interprets the findings of the program and discusses the scientific uncertainties associated with such findings; and (2) analyzes current trends in marine and coastal ecosystems, both human-induced and natural, including marine ecosystem health, and projects major trends for the subsequent decade.", "id": "H8C18F96BB4C94A0281B3EEB43EE8EEEB", "header": "Marine ecosystems research" }, { "text": "806. Authorization of appropriations \n(a) Partnership projects and administration \nThere are authorized to be appropriated annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010— (1) $25,000,000 for each agency for the National Ocean Partnership Program projects under section 803; and (2) at least $600,000 or 3 percent of the amount appropriated for the National Oceanographic Partnership Program, whichever is greater, shall be available for operations of the partnership program office established under section 803. (b) Marine ecosystems research \nFor development and implementation of the research program under section 805, there are authorized to be appropriated $50,000,000 for each of fiscal years 2005 through 2010. (c) Availability \nSums appropriated under this section shall remain available until expended.", "id": "H0CEA3AAC0D0E44BD9493FDD8799203F4", "header": "Authorization of appropriations" }, { "text": "901. Subcommittee on Ocean Education \n(a) Membership \nThe Committee shall establish a Subcommittee on Ocean Education (in this title referred to as the Subcommittee ). Each member of the Committee may designate a senior representative with expertise in education to serve on the Subcommittee. The Committee shall select a Chair and 1 or more Vice Chairs for the Subcommittee from the membership of the Subcommittee. (b) Responsibilities \nThe Subcommittee shall— (1) support and advise the Committee and the National Oceans Council on matters related to ocean and coastal education for the purpose of increasing the overall effectiveness and productivity of Federal education and outreach efforts; (2) provide recommendations on education goals and priorities for and implementation of the National Strategy for Ocean and Coastal Science developed under section 802 and guidance for educational investments; (3) coordinate Federal ocean and coastal education activities for students at all levels, including funding for educational opportunities at the undergraduate, graduate; and postdoctoral levels; (4) identify and work to establish linkages among Federal programs and those of States, academic institutions, museums and aquaria, industry, foundations, and other nongovernmental organizations; (5) facilitate Federal agency efforts to work with minority-serving institutions and historically black colleges and universities, and also with traditionally majority-serving institutions, to ensure that students of underrepresented groups have access to and support for pursuing ocean-related careers; (6) lead development of effective strategies with common perspectives and messages for formal and informal ocean and coastal education efforts; and (7) carry out such other activities as the Committee and the National Oceans Council request.", "id": "H7EEB9198ED7D413E8CC024D26F3140A4", "header": "Subcommittee on Ocean Education" }, { "text": "902. Ocean and coastal education program \n(a) Establishment \nConsistent with the National Strategy for Ocean and Coastal Science, the Committee, through the Subcommittee, shall establish an interagency ocean and coastal education program to improve public awareness, understanding, and appreciation of the role of the oceans in meeting our Nation’s economic, social, and environmental needs. (b) Scope \nThe ocean and coastal education program shall include formal education activities for elementary, secondary, undergraduate, graduate, and postdoctoral students, continuing education activities for adults, and informal education activities for learners of all ages. (c) Elements \nThe program shall use the National Ocean Partnership Program and other appropriate mechanisms and shall, at a minimum, provide sustained funding for the following: (1) A national network of centers for ocean science education excellence to improve the acquisition of knowledge by students at all levels. (2) A regional education network, in coordination with the Regional Ocean Councils, to support academic competition and experiential learning opportunities for high school students. (3) Teacher enrichment programs that provide for participation in research expeditions, voyages of exploration, and the conduct of scientific research. (4) Development of model instructional programs for students at all levels. (5) Student training and support to provide diverse ocean-related education opportunities at the undergraduate, graduate, and postdoctoral levels. (6) Mentoring programs and partnerships with minority-serving institutions to ensure diversity in the ocean and coastal workforce. (7) Dissemination of ocean and coastal information that is relevant for a wider public audience.", "id": "HF83C6F73BDDF4664AC003B2460840000", "header": "Ocean and coastal education program" }, { "text": "903. Ocean Science and Technology Scholarship Program \n(a) Establishment \n(1) The Committee shall establish a National Ocean Science and Technology Scholarship Program that is designed to recruit and prepare students for careers in the departments or agencies that are represented on the Committee (in this section referred to as participating agencies ). The Program shall award scholarships to individuals who are selected through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act. (2) To carry out the Program, participating agencies shall enter into contractual agreements with individuals selected under paragraph (1) under which the individuals agree to serve as full-time employees of the participating agency, for the period of time to be determined by the participating agency, and stated in the contractual agreements, in positions needed by the participating agency and for which the individuals are qualified, in exchange for receiving a scholarship. (b) Eligibility criteria \nIn order to be eligible to participate in the Program, an individual must— (1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) in an academic field or discipline described in the list made available under subsection (c); (2) be a United States citizen or national; and (3) at the time of the initial scholarship award, not be an employee of the department or agency providing the award. (c) Program listing \nThe Committee shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be used, and shall update the list as necessary. (d) Application \nAn individual seeking a scholarship under this section shall submit an application to a participating agency at such time, in such manner, and containing such information, agreements, or assurances as the participating agency may require. (e) Scholarship limits \n(1) The participating agency may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the participating agency, as part of the application required under subsection (d), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (c). (2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the participating agency grants a waiver. (3) The dollar amount of a scholarship under this section for an academic year shall be established by regulation but shall in no case exceed the cost of attendance as such cost is determined in section 472 of the Higher Education Act of 1965. (4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by regulation. (5) The participating agency may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided. (f) Period of service \n(1) The period of service for which an individual shall be obligated to serve as an employee of the participating agency, except as provided in subsection (h)(2), shall be determined by the participating agency as stated in subsection (a)(2). (2) (A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided. (B) The participating agency may defer the obligation of an individual to provide a period of service under paragraph (1) if the participating agency determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. (g) Repayment \n(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the participating agency by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the participating agency when determined to be necessary. (2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the participating agency pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to— (A) the total amount of scholarships received by such individual under this section; plus (B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States, multiplied by 3. (h) Cancellation or waiver \n(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. (2) The participating agency shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.", "id": "H1C9A4F1AC9BA4FA1998B9B3139824F46", "header": "Ocean Science and Technology Scholarship Program" }, { "text": "904. National Oceanic and Atmospheric Administration Office of Education \n(a) In general \nThe Administrator shall conduct, develop, support, promote, and coordinate education activities described in section 902(b) that enhance public awareness and understanding of the science, service, and stewardship missions of the National Oceanic and Atmospheric Administration. In planning activities under this section, the Administrator shall consult with the Subcommittee and build upon the educational programs and activities of the National Sea Grant College Program, the National Marine Sanctuary Program, the National Oceanic and Atmospheric Administration Office of Ocean Exploration, and the National Estuarine Research Reserve System. Authorized activities shall include education of the general public, teachers, students at all levels, and ocean and coastal managers and stakeholders. In carrying out educational activities, the Administrator may enter into grants, contracts, cooperative agreements, resource sharing agreements, or interagency financing with Federal, State, and regional agencies, tribes, commercial organizations, educational institutions, nonprofit organizations, or other persons. (b) Establishment \nAs set forth in title III, the Administrator shall establish an Office of Education to provide interagency and intraagency coordination of the education activities of the National Oceanic and Atmospheric Administration and to ensure full participation in the ocean and coastal education program established under section 902. The Office of Education shall promote and provide oversight of agency education activities as described in section 303 and shall— (1) integrate agency science into high-quality educational materials; (2) improve access to National Oceanic and Atmospheric Administration educational resources; (3) support educator professional development programs to improve understanding and use of agency sciences; (4) promote participation in agency-related sciences and careers, particularly by members of underrepresented groups; (5) leverage partnerships to enhance formal and informal environmental science education; (6) build capability within the agency for educational excellence; and (7) create and implement effective approaches to disseminate agency products and ocean information to the general public. (c) Educational partnership program \nThe Administrator shall establish an educational partnership with minority-serving institutions to provide support for cooperative science centers, an environmental entrepreneurship program, a graduate sciences program, an undergraduate scholarship program, and other activities as required to meet program objectives.", "id": "HCB3C80370A454AB0952CA2794DE48988", "header": "National Oceanic and Atmospheric Administration Office of Education" }, { "text": "905. Amendment to the National Sea Grant College Program Act \nSection 212(a) of the National Sea Grant College Program Act ( 33 U.S.C. 1131(a) ) is amended by adding at the end the following new paragraph: (3) Marine and aquatic science education \nIn addition to the amounts authorized for each fiscal year under paragraphs (1) and (2), there are authorized to be appropriated for marine and aquatic science education for each of fiscal years 2005 through 2010— (A) $6,000,000 in increased funding for the educational activities of sea grant programs; (B) $4,000,000 for competitive grants for projects and research that target national and regional marine and aquatic science literacy; and (C) $4,000,000 for competitive grants to support educational partnerships under the ocean and coastal education program established under section 902 of the Oceans Conservation, Education, and National Strategy for the 21st Century Act or other appropriate mechanism..", "id": "H7456035B1BEE4D33BDD4C719D5A74C5D", "header": "Amendment to the National Sea Grant College Program Act" }, { "text": "906. National ocean awareness media campaign \n(a) Findings \nThe Congress finds the following: (1) Ninety-five percent of the deep ocean is unexplored and unknown, and is truly the last frontier on Earth for science and civilization. (2) The United States has more than 95,000 miles of coastline and more than 50 percent of the population of the United States lives within 50 miles of the United States ocean waters. (3) Coastal areas are regions of remarkably high biological productivity, are of considerable importance for a variety of recreational and commercial activities, and provide a vital means of transportation. (4) The rich biodiversity of marine organisms provides society with resources that sustain many economically important industries including fisheries and tourism, as well as contributing novel compounds with therapeutic potentials to the biomedical industry. (5) One out of six jobs in the United States is marine-related. (6) One-third of our Gross National Product is produced in coastal areas, where most major cities are located. (7) National Science Foundation surveys in 2000 showed that while the majority (greater than 73 percent) of the United States public holds a positive attitude toward science and technology, that same group was only able to correctly answer 58 percent of the questions asked about basic scientific concepts. Furthermore, only 26 percent of those surveyed actually understand the nature of scientific inquiry. (8) The oceans provide an exciting context in which to teach the fundamental concepts of biology, chemistry, the physical sciences, and mathematics in accordance with the National Science Education Standards (NRC, 1996) and Benchmarks for Science Literacy (AAAS, 1993). (b) In general \nThe Administrator shall conduct a national media campaign in accordance with this section for the purpose of increasing public awareness and interest in the oceans, through mass media advertising. (c) Use of funds \n(1) In general \nAmounts made available to carry out this section for the media campaign may only be used for the following: (A) The research, development, production, and launch of a multimedia campaign. (B) Evaluation of the effectiveness of the multimedia campaign. (C) Media monitoring. (D) Distribution (public relations and grassroots community based outreach). (E) Partnerships with community, civic, and professional groups and government organizations related to the media campaign. (2) Specific requirements \n(A) Evaluation of effectiveness of media campaign \nIn using amounts for the evaluation of the effectiveness of the media campaign under paragraph (1)(B), the Administrator shall— (i) designate an independent entity to evaluate annually the effectiveness of the national media campaign based on data from— (I) public feedback; and (II) other relevant studies or publications, as determined by the Administrator, including tracking and evaluation data collected according to marketing and advertising industry standards; and (ii) ensure that the effectiveness of the media campaign is evaluated in a manner that enables consideration of whether the media campaign has contributed to increasing the ocean literacy of the public and such other measures of evaluation as the Director determines are appropriate. (B) Purchase of advertising time and space \nFor each fiscal year, not less than 77 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the media campaign. (C) Advertising \nIn carrying out this section, the Administrator shall devote sufficient funds to the advertising portion of the national media campaign to meet the goals of the campaign. (D) Prohibitions \nNone of the amounts made available to carry out this section may be obligated or expended for any of the following: (i) To supplant current oceans community-based coalitions. (ii) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. (iii) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. (iv) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of schedule C of title 5, Code of Federal Regulations. (v) To fund advertising that does not contain a primary message intended to increase awareness and promote the protection, maintenance, and restoration of marine ecosystem health. (vi) To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign. (E) Financial and performance accountability \nThe Administrator shall cause to be performed— (i) audits and reviews of costs of the media campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254d ); and (ii) an audit of the cost of the media campaign described in section 306 of such Act ( 41 U.S.C. 256 ). (F) Strategic guidance and donations \nThe National Marine Sanctuary Foundation shall serve as the primary outside strategic advisor to the media campaign and be responsible for coordinating donations of creative and other services to the campaign, except with respect to advertising created using funds as permitted in this subsection. The Administrator shall inform the National Marine Sanctuary Foundation of the strategic goals of the campaign and consider advice from the National Marine Sanctuary Foundation on media campaign strategy. (G) Report to congress \nThe Administrator shall submit on an annual basis a report to Congress that describes— (i) the strategy of the media campaign and whether specific objectives of the media campaign were accomplished; (ii) steps taken to ensure that the media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the media campaign; (iii) plans to purchase advertising time and space; (iv) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and (v) all contracts entered into with a corporation, partnership, or individual working on behalf of the media campaign. (3) National marine sanctuary resources \nIn conducting advertising and activities otherwise authorized under this section, the Administrator shall explore opportunities to emphasize the preservation of coral reefs and other national marine sanctuary resources.", "id": "HD556E94E739A4D368BC0A55CF2EC7632", "header": "National ocean awareness media campaign" }, { "text": "907. Authorization of appropriations \n(a) National ocean and coastal education program \nIn addition to the amounts authorized annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010, $25,000,000 is authorized to be appropriated for each agency for the ocean and coastal education program under section 902. (b) Scholarship program \nOf the amounts authorized annually to the Department of the Navy, the National Science Foundation, the National Oceanic and Atmospheric Administration, and the National Aeronautics and Space Administration for fiscal year 2005 through fiscal year 2010, $15,000,000 shall be available for National Ocean Science and Technology Scholarships under section 903. (c) National oceanic and atmospheric administration \n(1) In addition to the amounts authorized under subsections (a) and (b) and under the National Sea Grant College Program Act, there is authorized to be appropriated to the Administrator $25,000,000 for each of fiscal years 2005 through 2010 for education activities under section 904(b). (2) There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2005 through 2010 for education activities under section 904(c). (d) National ocean awareness media campaign \nOf the amounts authorized annually to the National Oceanic and Atmospheric Administration, there is authorized to be appropriated to carry out section 906, $2,000,000 for each of fiscal years 2005 through 2007. (e) Availability \nSums appropriated under this section shall remain available until expended.", "id": "HC302C5C18D014C27BDFD0261DEF377E", "header": "Authorization of appropriations" }, { "text": "1001. National Oceanic and Atmospheric Administration Office of Ocean Exploration \n(a) In general \nThe Administrator shall— (1) conduct, develop, support, promote, and coordinate ocean exploration activities under this section; (2) support expeditions, exploration projects, and related field campaigns for the purpose of discovery and documentation of ocean voyages; and (3) enhance public awareness and understanding of the science and stewardship missions of the National Oceanic and Atmospheric Administration. (b) Planning and execution \nIn planning activities under this title, the Administrator shall consult with the Subcommittee established under section 1002. In carrying out exploration activities, the Administrator may enter into grants, contracts, cooperative agreements, resource sharing agreements, or interagency financing with Federal, State, and regional agencies, tribes, commercial organizations, educational institutions, nonprofit organizations, or other persons. (c) Establishment \nThe Administrator shall establish an Office of Ocean Exploration within the Ocean and Atmospheric Research and Data Services Office to provide interagency and intraagency coordination of the ocean exploration activities of the National Oceanic and Atmospheric Administration and to ensure full participation in the Subcommittee established under section 1002. The Office of Ocean Exploration shall— (1) lead and coordinate efforts in ocean discovery; (2) explore and inventory the living and nonliving resources of the oceans under jurisdiction of the United States, and throughout the world’s oceans; (3) support and promote interdisciplinary approaches to ocean investigations; (4) engage in education and outreach to increase public awareness and understanding of the oceans, in coordination with the Office of Education; (5) provide new resources and facilities for access by researchers; (6) provide a multidisciplinary archive of ocean data to serve as a source of basic data upon which to develop hypotheses for further investigation and to capitalize on the wide array of available data; (7) create and implement effective approaches to disseminate agency products and ocean information to the general public; (8) identify areas that are infrequently explored; (9) develop ocean and coastal mapping strategies that identify priority coastal and ocean mapping needs, and cost effective strategies to map those priority areas; (10) map the physical, biological, chemical, and archaeological aspects of the ocean; (11) develop sensors and systems to promote United States leadership in ocean technology; and (12) conduct hypothesis-driven science to understand deep ocean ecosystem patterns, processes, and mechanisms.", "id": "H1FEA4A4B5C9844589BC50692C9647700", "header": "National Oceanic and Atmospheric Administration Office of Ocean Exploration" }, { "text": "1002. Subcommittee on Ocean Exploration \n(a) Membership \nThe Committee shall establish a Subcommittee on Ocean Exploration. Each member of the Committee may designate a senior representative with expertise in ocean exploration to serve on the Subcommittee. The Committee shall select a Chair and 1 or more Vice Chairs for the Subcommittee from the membership of the Subcommittee. (b) Responsibilities \nThe Subcommittee shall— (1) support and advise the Committee, the National Oceans Council, and the National Oceanic and Atmospheric Administration Office of Ocean Exploration on matters related to ocean exploration for the purpose of increasing the overall effectiveness and productivity of Federal ocean exploration efforts; (2) provide recommendations on ocean exploration goals and priorities for and implementation of the National Strategy for Ocean and Coastal Science developed under section 802 and guidance for ocean exploration investments; (3) coordinate with the Subcommittee on Ocean Education to provide for ocean exploration funding and educational opportunities for students at all levels including undergraduate, graduate, and postdoctoral levels; (4) identify and work to establish linkages among Federal programs and those of States, academic institutions, museums and aquaria, industry, foundations, and other nongovernmental organizations; (5) coordinate with the National Oceanic and Atmospheric Administration Office of Ocean Exploration and other Federal agency efforts to work with minority-serving institutions and historically black colleges and universities, and also with traditionally majority-serving institutions, to ensure that students of underrepresented groups have access to ocean exploration educational opportunities; (6) lead development of effective strategies with common perspectives and messages for formal and informal ocean exploration efforts; and (7) carry out such other activities as the Committee and the National Oceans Council request.", "id": "HF04E5E8D8EF345B2A5283E4B7F43C9EA", "header": "Subcommittee on Ocean Exploration" }, { "text": "1003. Authorization of appropriations \nThere are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title— (1) $70,000,000 for each of fiscal years 2005 through 2010; and (2) $80,000,000 for each of fiscal years 2011 through 2016.", "id": "HA5DF2288B9314CBEADF7EE83165ADA2", "header": "Authorization of appropriations" }, { "text": "1101. Establishment of Fund \n(a) Establishment of Fund \nThere is established in the Treasury of the United States a fund which shall be known as the Ocean and Great Lakes Conservation Trust Fund , in this title referred to as the Fund. In each fiscal year after fiscal year 2004, the Secretary of the Treasury shall deposit into the Fund the following amounts: (1) OCS revenues \nAn amount in each such fiscal year from qualified Outer Continental Shelf revenues equal to the difference between $1,300,000,000 and the amounts deposited in the Fund under paragraphs (2) and (3), notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ). (2) Amounts not disbursed \nAll allocated but undisbursed amounts returned to the Fund under section 1106(a)(2). (3) Interest \nAll interest earned under subsection (d). (b) Transfer for Expenditure \nThe Secretary of the Treasury shall transfer amounts deposited into the Fund as follows: (1) To the Administrator of the National Oceanic and Atmospheric Administration for purposes of making payments to coastal states only for carrying out their responsibilities for developing and implementing Regional Ocean Ecosystem Plans under title VII— (A) $350,000,000 for fiscal year 2005; (B) $700,000,000 for fiscal year 2006; and (C) $1,000,000,000 for fiscal year 2007 and each fiscal year thereafter. (2) To the Administrator for allocation, with concurrence of the National Oceans Council, only for carrying out responsibilities of the Federal Government for development and implementation of Regional Ocean Ecosystem Plans required under title VII— (A) $50,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; and (C) $300,000,000 for fiscal year 2007 and each fiscal year thereafter. (c) Shortfall \nIf amounts referred to in paragraphs (1) through (3) of subsection (a) in any fiscal year after fiscal year 2004 are less than $1,300,000,000, the amounts transferred under paragraphs (1) and (2) of subsection (b) for that fiscal year shall each be reduced proportionately. (d) Interest \nThe Secretary of the Treasury shall invest moneys in the Fund (including interest), and in any fund or account to which moneys are transferred pursuant to subsection (b) of this section, in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Such invested moneys shall remain invested until needed to meet requirements for disbursement for the programs financed under this Act. (e) Refunds \nIn those instances in which through judicial decision, administrative review, arbitration, or other means there are royalty refunds owed to entities generating revenues under this title, refunds shall be paid by the Secretary of the Treasury from amounts available in the Fund to the extent that such refunds are attributable to qualified Outer Continental Shelf revenues deposited in the Fund under this Act. (f) Intent of Congress to Supplement Annual Appropriations for Federal agencies \nAmounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for Federal agencies receiving funding under this title.", "id": "HFBC7728CA5F8441A81D7445694BB6309", "header": "Establishment of Fund" }, { "text": "1102. Limitation on use of available amounts for administration \nNotwithstanding any other provision of law, of amounts made available by this title (including the amendments made by this title) for a particular activity, not more than 2 percent may be used for administrative expenses of that activity.", "id": "H29DA1B52F562439F93BC24D037CA57CB", "header": "Limitation on use of available amounts for administration" }, { "text": "1103. Recordkeeping requirements \nThe Administrator, in consultation with the National Oceans Council, shall establish such rules regarding recordkeeping by State and local governments and the auditing of expenditures made by State and local governments from funds made available under this Act as may be necessary. Such rules shall be in addition to other requirements established regarding recordkeeping and the auditing of such expenditures under other authority of law.", "id": "H57AA8F604B2E42119CFE41CD7CC21F3B", "header": "Recordkeeping requirements" }, { "text": "1104. Maintenance of effort and matching funding \n(a) In General \nIt is the intent of the Congress in this Act that States not use this Act as an opportunity to reduce State or local resources for the programs funded by this Act. Except as provided in subsection (b), no State or local government shall receive any funds under this Act during any fiscal year in which its expenditures of non-Federal funds for recurrent expenditures for programs for which funding is provided under this Act will be less than its expenditures were for such programs during the preceding fiscal year. No State or local government shall receive funding under this Act with respect to a program unless the Administrator is satisfied that such a grant will be so used to supplement and, to the extent practicable, increase the level of State, local, or other non-Federal funds available for such program. (b) Exception \nThe Administrator may provide funding under this Act to a State or local government not meeting the requirements of subsection (a) if the Administrator determines that a reduction in expenditures— (1) is attributable to a nonselective reduction in expenditures for the programs of all executive branch agencies of the State or local government; or (2) is a result of reductions in State or local revenue as a result of a downturn in the economy. (c) Use of Fund to Meet Matching Requirements \nAll funds received by a State or local government under this Act shall be treated as Federal funds for purposes of compliance with any provision in effect under any other law requiring that non-Federal funds be used to provide a portion of the funding for any program or project.", "id": "HC1181B7D94A7466E88AA03B8CFF94C3", "header": "Maintenance of effort and matching funding" }, { "text": "1105. Sunset \nThis title shall have no force or effect after September 30, 2024.", "id": "H197182548D204527B7AC23681DD345B8", "header": "Sunset" }, { "text": "1106. Community assistance formula and payments \n(a) Conservation Payments to Coastal States \n(1) Grant program \nAmounts transferred to the Administrator from the Fund under section 1101(b)(1) for purposes of making payments to coastal States under this title in any fiscal year shall be allocated by the Administrator among coastal States as provided in this section each such fiscal year. In each such fiscal year, the Administrator shall, without further appropriation, disburse such allocated funds to those coastal States for which the Administrator has approved a spending plan under section 1107 and that have met all other requirements of this title. Payments for all projects shall be made by the Administrator to the Governor of the State or to the State official or agency designated by the Governor or by State law as having authority and responsibility to accept and to administer funds paid hereunder. No payment shall be made to any State until the State has agreed to provide such reports to the Administrator, in such form and containing such information, as may be reasonably necessary to enable the Administrator to perform the duties of the Administrator under this title, and provide such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting for Federal revenues paid to the State under this title. (2) Failure to make sufficient progress at developing or implementing a Regional Ocean Ecosystem Plan \nAt the end of each fiscal year, the Administrator shall return to the Fund any amount that the Administrator allocated, but did not disburse, in that fiscal year to a coastal State that, in the judgment of the Administrator, has failed to make sufficient progress in developing or implementing a Regional Ocean Ecosystem Plan under title VII before the end of the fiscal year in which such grant is allocated, except that the Administrator shall hold in escrow until the final resolution of the appeal any amount allocated, but not disbursed, to a coastal State that has appealed the disapproval of such funding. (b) Allocation Among Coastal States \n(1) Allocable share for each state \nFor each coastal State, the Administrator shall determine the State’s allocable share of the total amount transferred from the Fund under section 1101(b)(1) for each fiscal year using the following weighted formula: (A) Thirty-five percent of such amount shall be allocated to each coastal State based on the ratio of each State’s shoreline miles to the shoreline miles of all coastal States. (B) Sixty-five percent of such amount shall be allocated to each coastal State based on the ratio of each State’s coastal population to the coastal population of all coastal States. (2) Minimum state share \n(A) In general \nThe allocable share determined by the Administrator under this subsection for each coastal State with a management program approved by the Secretary of Commerce under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ), or that is making satisfactory progress toward one, shall not be less in any fiscal year than 0.50 percent of the total amount transferred by the Secretary of the Treasury to the Administrator for that fiscal year under section 1101(b)(1). For any other coastal State the allocable share shall not be less than 0.25 percent of such transferred amount. (B) Recomputation \nIf 1 or more coastal States’ allocable shares, as computed under paragraphs (1) and (2), are increased by any amount under this paragraph, the allocable share for all other coastal States shall be recomputed and reduced by the same amount so that not more than 100 percent of the amount transferred by the Secretary of the Treasury to the Administrator for that fiscal year under section 1101(b)(1) is allocated to all coastal States. The reduction shall be divided pro rata among such other coastal States. (c) Payments to Political Subdivisions \nIn the case of a coastal State, the Governor of the State shall pay 50 percent of the State’s allocable share, as determined under subsection (b), to the coastal political subdivisions in such State. Such payments shall be allocated among such coastal political subdivisions of the State according to an allocation formula that is based on the coastal population density of each coastal political subdivision. (d) Time of Payment \nPayments to coastal States and coastal political subdivisions under this section shall be made not later than December 31 of each year from revenues received during the immediately preceding fiscal year.", "id": "HCFD4CF01F4F241B18BA069A723C5BFBA", "header": "Community assistance formula and payments" }, { "text": "1107. Approval of State funding and spending plans \n(a) Development and Submission of Regional Ocean Ecosystem Plans \nEach coastal State seeking to receive grants under this title shall participate in the development and implementation of Regional Ocean Ecosystem Plans required under title VII. (b) Submission of spending plan \nEach coastal State seeking funding under this title shall submit annually to the Administrator a spending plan for funds provided under this title. Such spending plan shall describe how the funds provided under this title will be used by the State to implement the State’s responsibilities and obligations in developing and implementing a Regional Ocean Ecosystem Plan. (c) Approval or disapproval \n(1) Requirements \nA coastal State shall receive funding under this title if, in consultation with the National Oceans Council, the Administrator— (A) certifies that such coastal State is participating actively and sufficiently in the development and implementation of a Regional Ocean Ecosystem Plan under title VII; (B) approves a spending plan submitted by such State that specifies how funds provided under this title will be used to meet the State’s obligations and responsibilities in developing and implementing a Regional Ocean Ecosystem Plan under title VII; and (C) ensures any payments under this subsection to political subdivisions are consistent under title VII. (2) Contents of plans \nIn addition to such other requirements as the Administrator by regulation shall prescribe, each State spending plan shall include the following: (A) The name of the State agency that will have the authority to represent and act for the State in dealing with the Administrator for purposes of this title. (B) A description of how funds provided under this title will be used to meet the State's responsibilities to develop and implement the applicable Regional Ocean Ecosystem Plan. (C) A description of how the State will evaluate the effectiveness of its efforts to implement a Regional Ocean Ecosystem Plan. (D) Certification by the Governor of the State that ample opportunity has been accorded for public participation in the development and revision of the plan. (E) Measures for taking into account other relevant Federal resources and programs. (3) Procedure and timing; revisions \nThe Administrator shall approve or disapprove each spending plan submitted in accordance with this section. If a State first submits a plan by not later than 90 days before the beginning of the first fiscal year to which the plan applies, the Administrator shall approve or disapprove the plan by not later than 30 days before the beginning of that fiscal year. (4) Amendment or revision \nAny amendment to or revision of the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Administrator for approval or disapproval. Any such amendment or revision shall take effect only for fiscal years after the fiscal year in which the amendment or revision is approved by the Administrator. (5) Public Comment \nBefore approving or disapproving a spending plan of a State, amendment, or revision to a plan, the Administrator shall provide for public comment on the State’s proposed expenditures for the forthcoming year.", "id": "H8779FDDC9D5E475489BD65BB181DBE53", "header": "Approval of State funding and spending plans" } ]

[ { "text": "1. Temporary suspension of duty \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: 9902.01.03 Benzamide, 3-amino-N-[2-[[2-(sulfooxy)ethyl]sulfonyl]ethyl]- (CAS No. 121315-20-6) (provided for in subheading 2930.90.29) Free Free No change On or before 12/31/07 (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": "H4215F07545B44EEF96E77FF87957592C", "header": "Temporary suspension of duty" } ]

[ { "text": "1. Suspension of duty on Basic blue 154 \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: 9902.32.01 Basic blue 154 (CAS No. 159064-94-1) (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": "HE2CAFA8765114398915E2B28DFF16592", "header": "Suspension of duty on Basic blue 154" } ]

[ { "text": "1. Expanded eligibility for transportation under the Central Command Rest and Recuperation Leave Program \nThe Secretary of Defense shall expand the Central Command Rest and Recuperation Leave Program to provide or pay for transportation for a member of the Armed Forces who— (1) is assigned to duty inside or outside of the United States, but not in an area previously designated for inclusion in the program; (2) receives orders for deployment to an area for which imminent danger pay is available under section 310 of title 37, United States Code; and (3) is granted leave in anticipation of such deployment.", "id": "H9FF01CBA05094426A9599478F5F9C04", "header": "Expanded eligibility for transportation under the Central Command Rest and Recuperation Leave Program" } ]

[ { "text": "1. Short title \nThis section may be cited as the Mary McLeod Bethune Council House National Historic Site Boundary Adjustment Act.", "id": "H2498BE94C6624475AADEBC00E74D2047", "header": "Short title" }, { "text": "2. Boundary modification \nSection 2 of the Act entitled An Act to authorize the National Park Service to acquire and manage the Mary McLeod Bethune Council House National Historic Site, and for other purposes , approved December 11, 1991 (105 Stat. 1652), is amended— (1) by inserting (a) before The Secretary ; and (2) by adding after subsection (a) (as so designated by paragraph 1 of this section) the following new subsection: (b) The Secretary may acquire, with the consent of the owner thereof, by donation or by purchase with donated or appropriated funds, the abutting property located at 1320 Vermont Avenue Northwest, Washington, District of Columbia, and generally depicted on the map entitled Mary McLead Bethune Council Proposed Boundary Adjustment , numbered 021/80,006, and dated February 2004, to be used for visitor orientation, administrative purposes, archival storage, facilities for researchers, and accessibility for handicapped persons..", "id": "H3933D190C2AB4267AC51A7B99D762050", "header": "Boundary modification" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Atchafalaya National Heritage Area Act.", "id": "H113451DBED12456B9DA3A98BB7E3A19C", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The Atchafalaya Basin area of Louisiana, designated by the Louisiana Legislature as the Atchafalaya Trace State Heritage Area and consisting of the area described in section 5(b), is an area in which natural, scenic, cultural, and historic resources form a cohesive and nationally distinctive landscape arising from patterns of human activity shaped by geography. (2) The significance of the area is enhanced by the continued use of the area by people whose traditions have helped shape the landscape. (3) There is a national interest in conserving, restoring, promoting, and interpreting the benefits of the area for the residents of, and visitors to, the area. (4) The area represents an assemblage of rich and varied resources forming a unique aspect of the heritage of the United States. (5) The area reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the public. (6) The land and water of the area offer outstanding recreational opportunities, educational experiences, and potential for interpretation and scientific research. (7) Local governments of the area support the establishment of a national heritage area.", "id": "HA11269D0D73F4C7587D908822EC39F1B", "header": "Findings" }, { "text": "3. Purposes \nThe purposes of this Act are— (1) to conserve, restore, promote, and interpret the significant resource values and functions of the Atchafalaya Basin area and advance sustainable economic development of the area; (2) to foster a close working relationship with all levels of government, the private sector, and the local communities in the area so as to enable those communities to conserve their heritage while continuing to pursue economic opportunities; and (3) to establish, in partnership with the State, local communities, preservation organizations, private corporations, and landowners in the Heritage Area, the Atchafalaya Trace State Heritage Area, as eligible parishes designated by the Louisiana Legislature, as the Atchafalaya National Heritage Area.", "id": "HE13E218B2B2F4C6D82F3DEB831B4CA4F", "header": "Purposes" }, { "text": "4. Definitions \nIn this Act: (1) Heritage area \nThe term Heritage Area means the Atchafalaya National Heritage Area established by section 5(a). (2) Local coordinating entity \nThe term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 5(c). (3) Management plan \nThe term management plan means the management plan for the Heritage Area developed under section 7. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) State \nThe term State means the State of Louisiana.", "id": "H8E160BD869E944E0A35642C580232504", "header": "Definitions" }, { "text": "5. Atchafalaya National Heritage Area \n(a) Establishment \nThere is established in the State the Atchafalaya National Heritage Area. (b) Boundaries \nThe Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area. (c) Local coordinating entity \n(1) In general \nThe Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition \nThe local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area.", "id": "H010AA7DA716043409CA3A45066B6BFAD", "header": "Atchafalaya National Heritage Area" }, { "text": "6. Authorities and duties of the local coordinating entity \n(a) Authorities \nFor the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may— (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties \nThe local coordinating entity shall— (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in— (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year— (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of real property \nNo Federal funds authorized under this Act may be used to acquire real property or any interest in real property. (d) Public meetings \nThe local coordinating entity shall conduct public meetings at least quarterly.", "id": "HE557B60CCB27424CA9687B18A77FBCEA", "header": "Authorities and duties of the local coordinating entity" }, { "text": "7. Management plan \n(a) In general \nThe local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area. (b) Consideration of other plans and actions \nIn developing the management plan, the local coordinating entity shall— (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents \nThe management plan shall include— (1) an inventory of the resources in the Heritage Area, including— (A) a list of property in the Heritage Area that— (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes— (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to secretary for Approval \n(1) In general \nNot later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit \nIf a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (e) Approval \n(1) In general \nNot later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval \n(A) In general \nIf the Secretary disapproves a management plan under paragraph (1), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for Approval of revision \nNot later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (f) Revision \n(1) In general \nAfter approval by the Secretary of a management plan, the local coordinating entity shall periodically— (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds \nFunds made available under this Act shall be used only to implement the approved management plan.", "id": "H3258BB10DC3F49E59DA5CC0352D06497", "header": "Management plan" }, { "text": "8. Requirements for inclusion of private property \n(a) Notification and consent of property owners required \nNo privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner withdraw \nAny owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity.", "id": "HA30EA2AB134449DDA2027076F6794393", "header": "Requirements for inclusion of private property" }, { "text": "9. Private property protection \n(a) Access to private property \nNothing in this Act shall be construed to— (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability \nDesignation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property. (c) Participation of private property owners in heritage area \nNothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.", "id": "H2F9B4611CB6740F1B24DAD965B5F30AC", "header": "Private property protection" }, { "text": "10. Effect of Act \nNothing in this Act— (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed to by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal, or State, or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of the enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5) imposes any change in Federal environmental quality standards; (6) abridges, restricts, or alters any applicable rule, standard, or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (7) affects the continuing use and operation, where located on the date of enactment of this Act, of any public or private facility, including any public utility or common carrier.", "id": "H029AC5E3F7164802B769B8D81B769406", "header": "Effect of Act" }, { "text": "11. Authorization of Appropriations \nThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.", "id": "HF93A7020CD6F4CB38E7DFE00B931A1B1", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the National Guard and Reserve Education Act of 2004.", "id": "H616B9078BDF6404CBFE00A4295CA95F", "header": "Short title" }, { "text": "2. Increase in rate of educational assistance for members of the Selected Reserve as administered by the Secretary of Veterans Affairs \n(a) Increase in rate of assistance \nSubsection (b)(1) of section 16131 of title 10, United States Code, is amended— (1) in subparagraph (A), by striking $251 and inserting $400 ; (2) by striking subparagraphs (B) and (C); (3) by redesignating subparagraph (D) as subparagraph (B); and (4) in subparagraph (B), as so redesignated, by striking for each month of less than half-time pursuit and inserting for each month of less than full-time pursuit. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to months beginning after the date of the enactment of this Act. (c) No CPI adjustment for fiscal year 2005 \nParagraph (2) of section 16131(b) of such title shall not apply to rates of basic educational assistance paid under such section during fiscal year 2005.", "id": "HADFBB67A080B4FFC84431EE4A1BC39C9", "header": "Increase in rate of educational assistance for members of the Selected Reserve as administered by the Secretary of Veterans Affairs" }, { "text": "3. Payment of educational assistance for members of the Selected Reserve called up for service for cumulative period of 180 days or more at the rate applicable under chapter 30 of title 38, United States Code \n(a) Increase \nSection 16131 of title 10, United States Code, is amended by adding at the end the following new subsection: (j) (1) In the case of a person described in paragraph (2), the rate payable under subsection (b) or subsection (c) to such person for such educational assistance for each month shall be paid at the rate applicable under section 3015(b) of title 38. (2) A person referred to in paragraph (1) is a person who is entitled to educational assistance under this chapter— (A) who, on or after September 11, 2001, serves a period of active duty of at least 180 days of active duty pursuant to an order to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title during a five year period, or (B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, who, on or after September 11, 2001, performed full time National Guard duty under section 502(f) of title 32 for at least 180 days during a five year period when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to payments of educational assistance under chapter 1606 of such title for months beginning after September 30, 2004.", "id": "HFAC8837A9EA240D6A4A3AE66008206D5", "header": "Payment of educational assistance for members of the Selected Reserve called up for service for cumulative period of 180 days or more at the rate applicable under chapter 30 of title 38, United States Code" }, { "text": "4. Modification of delimiting date for use of entitlement \n(a) In general \nSection 16133 of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (b) and inserting subsections (b) and (c) ; and (2) by adding at the end the following new subsection: (c) In the case of a person described in section 16131(j)(2) of this title, the period during which such person may use such person’s entitlement to educational assistance under this chapter expires at the end of the 14-year period beginning on the date that is the last day of the person’s last duty referred to in such section.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on September 30, 2004, and shall apply to members of the Selected Reserve entitled to educational assistance under chapter 1606 of title 10, United States Code, on or after that date.", "id": "H3CBC93338B7B41F2A7C0A596A1520488", "header": "Modification of delimiting date for use of entitlement" }, { "text": "5. Authority for members of the Selected Reserve entitled to retired pay to transfer entitlement to basic educational assistance \n(a) Establishment of authority to transfer entitlement \n(1) Chapter 1606 of title 10, United States Code, is amended by adding at the end the following new section: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance. (b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. (e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. (j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. (k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay. (b) Conforming amendment \nSection 3020 of title 38, United States Code, is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following new subsection: (m) Coordination with authority for transfers under the reserve montgomery GI bill \nIn carrying out this section and section 16138 of title 10, each Secretary concerned shall take such steps as may be necessary to ensure that a transfer of entitlement under each such section is made pursuant to the applicable requirements of such sections..", "id": "H3B8CFC0C069D428791108561EE6266AC", "header": "Authority for members of the Selected Reserve entitled to retired pay to transfer entitlement to basic educational assistance" }, { "text": "16138. Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubject to the provisions of this section, each Secretary concerned may permit an individual described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance. (b) Eligible individuals \nAn individual referred to in subsection (a) is an individual who— (1) is entitled to retired pay under chapter 1223; and (2) is entitled to educational assistance under this chapter. (c) Eligible dependents \nAn individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Designation of transferee \nAn individual transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). Each designation under this section shall be made in writing and shall be transmitted to the Secretary concerned and the Secretary of Veterans Affairs. (e) Time for transfer; revocation and modification \n(1) Subject to the time limitation for use of entitlement under section 16133 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the individual is a member of the Armed Forces when the transfer is executed. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. (f) Commencement of use \nIn the case of entitlement transferred to a child to whom entitlement to basic educational assistance is transferred under this section, the child may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (g) Additional administrative matters \n(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (d)(2) and subject to paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner and at the same rate as the individual from whom the entitlement was transferred. (3) (A) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (B) Entitlement may only be transferred under this section before the date of death of the individual making the transfer. (4) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years. (5) The administrative provisions of chapter 30 of title 38 (including the provisions set forth in section 3034(a)(1) of that title) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (h) Overpayment \nIn the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. (i) Approvals of transfer Subject to availability of appropriations \nThe Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year. (j) Regulations \nAfter consultation with the Secretary of Veterans Affairs, the Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (e)(2) and shall specify the manner of the applicability of the administrative provisions referred to in subsection (g)(5) to a dependent to whom entitlement is transferred under this section. (k) Annual report \n(1) As part of the report required under section 3020(l) of title 38, (beginning in 2006), the Secretary of Defense shall include information on the transfers of entitlement to basic educational assistance under this section that were approved by each Secretary concerned during the preceding fiscal year. (2) Each report shall set forth— (A) the number of transfers of entitlement under this section that were approved by such Secretary during the preceding fiscal year; or (B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such transfers of entitlement during that fiscal year.", "id": "H947910B0BD9E4059B74B4F8C2B6EA303", "header": "Transfer of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay" }, { "text": "7. Requirement for the Secretary of Veterans Affairs to report to Congress on transfers of entitlement by members of the Selected Reserve entitled to retired pay \n(a) In general \nSubchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section: 3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:", "id": "HF0968A498A6149CC82FD5CF8E03E4CA4", "header": "Requirement for the Secretary of Veterans Affairs to report to Congress on transfers of entitlement by members of the Selected Reserve entitled to retired pay" }, { "text": "3020A. Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay \n(a) Inclusion in annual report \nAs part of the annual report submitted to the Congress under section 529 of this title, the Secretary shall include a description of the operation of the program for transfer of entitlement to basic educational assistance by members of the selected reserve entitled to retired pay under section 16138 of title 10. (b) Specific information required \nThe Secretary shall include in the description required under subsection (a) the following information: (1) The aggregate number of transfers of entitlement made during the preceding year. (2) The type of programs of education pursued by dependents to whom entitlement was so transferred. (3) The number of spouses to whom entitlement was so transferred. (4) The number of dependent children to whom entitlement was so transferred.", "id": "HEBE351C4A5D841CDA171F213F8D800B6", "header": "Annual report on transfers of entitlement to basic educational assistance by members of the Selected Reserve entitled to retired pay" } ]

[ { "text": "1. Temporary suspension of duty \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: 9902.01.04 Methylene Bis-Benzotriazolyl Tetramethylbutylphenol (CAS No.103597-45-1) (provided for in subheading 3824.90.28) Free Free No change On or before 12/31/07 (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": "H7CE303837361407E98BB3BD5DCB4807", "header": "Temporary suspension of duty" } ]

[ { "text": "1. Modify certain restrictions \nSubsection (c) of section 29 of the International Air Transportation Competition Act of 1979 ( Public Law 96–192 ; 94 Stat. 48 et seq.) is amended by inserting Tennessee, before and Texas.", "id": "H7C67CEB63FFC4E2CB4C06C35653E9D6F", "header": "Modify certain restrictions" } ]

[ { "text": "1. Marriage in the District of Columbia \nIn the District of Columbia, for all legal purposes, marriage means the union of one man and one woman.", "id": "H9D679A21AFC94E77A9860060EA68E070", "header": "Marriage in the District of Columbia" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Transit System Flexibility Protection Act of 2004.", "id": "H9E91589EE3624418ADFF2C92E06D2E18", "header": "Short title" }, { "text": "2. General authority \nSection 5307(b)(1) of title 49, United States Code, is amended by adding at the end the following: The Secretary may make grants under this section to a transit system to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of more than 200,000 if such transit system operates less than 100 buses on fixed route service during peak service hours..", "id": "HF2316B4C682F41B6AECDFCFBED5FB701", "header": "General authority" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Gateway to Democracy Act of 2004.", "id": "HD60CA1C2DF334958A3FD3100D29CF4D6", "header": "Short title" }, { "text": "2. Findings; Purpose \n(a) Findings \nCongress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote. (4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls. (5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver’s license provides the government with an effective mechanism for increasing access to voter registration. (7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver’s licenses. (9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration. (b) Purpose \nIt is the purpose of this Act— (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults.", "id": "H1ADBECCD0CDB46ACBAD3F200D643D206", "header": "Findings; Purpose" }, { "text": "3. Permitting Certain Individuals Under Minimum Legal Voting Age to Complete Voter Registration Application Forms \n(a) Forms Provided With Applications For Motor Vehicle Driver’s License \nSection 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(C)(ii) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (b) Forms Provided by Other Designated Voter Registration Agencies \nSection 7(a)(6)(A)(i)(II) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i)(II) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (c) Mail Voter Registration Form \n(1) In general \nSection 9(b)(2)(B) of such Act ( 42 U.S.C. 1973gg–7(b)(2)(B) ) is amended by striking requirement and inserting the following: requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting). (2) Conforming amendment regarding check-off box for age \nSection 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A)(ii) ) is amended to read as follows: (ii) The question If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age? and boxes for the applicant to check to indicate whether or not the applicant will so certify.. (d) Rule of Construction Regarding Minimum Age For Submission of Forms \nSection 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Minimum Age For Submission of Forms \nNothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver’s license in the State..", "id": "HD5F50B938DDF479AA8E6FF8032939CFE", "header": "Permitting Certain Individuals Under Minimum Legal Voting Age to Complete Voter Registration Application Forms" }, { "text": "4. Maintenance and Availability of Information on Individuals Under Minimum Legal Voting Age \nSection 303(a)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a)(1)(A) ) is amended by adding at the end the following new clause: (ix) In addition to the information on legally registered voters which is maintained on the list, the State shall maintain information on those individuals in the State who have completed applications for voter registration prior to reaching the minimum legal voting age, and shall make the information available to election officials in the State..", "id": "HEEF4908E78F946328FAA8D4F8EB12E48", "header": "Maintenance and Availability of Information on Individuals Under Minimum Legal Voting Age" }, { "text": "5. Effective Date \nThe amendments made by this Act shall apply with respect to applications to register to vote in elections occurring in a State after the date on which the State is required to comply with the requirements of section 303(a) of the Help America Vote Act of 2002 (relating to the implementation of a computerized Statewide voter registration list).", "id": "H1FE7DF718E6F4D26879EAE18DB7C7DD2", "header": "Effective Date" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Managing Our Medicare and Medicaid Services and Protecting Our Parents Act.", "id": "H69C37EA55A9A4FF2A3E0040097CE16A7", "header": "Short title" }, { "text": "2. Loan repayment program for nurse practitioners and physicians assistants serving in underserved nursing homes \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following: 487H. Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes \n(a) Establishment \nTo the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual. (b) Amount of payments \nThe amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service; and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions \nExcept as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. (d) Definitions \nFor purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home. (3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act). (4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. (2) Availability \nAmounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available..", "id": "H3A7B48F448BE4C56E8E4EEAE00C0B74", "header": "Loan repayment program for nurse practitioners and physicians assistants serving in underserved nursing homes" }, { "text": "487H. Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes \n(a) Establishment \nTo the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual. (b) Amount of payments \nThe amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service; and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions \nExcept as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. (d) Definitions \nFor purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home. (3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act). (4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. (2) Availability \nAmounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.", "id": "H4760A1924A926415429C5C9D39F9AEB", "header": "Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes" }, { "text": "3. Training program for nursing home administrators \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Medicare & Medicaid Services, shall provide grants to States to implement nursing home administrator mentor programs described in subsection (b). (b) Mentor program described \nA mentor program described in this subsection is a program to improve the training of nursing home administrators and to strengthen their commitment to serve as leaders in their States. Such a program shall provide for the following: (1) Identification of individuals who are nursing home administrators and have exceptional potential to serve as mentors to other nursing home administrators. (2) Training of such individuals to serve as mentors for other nursing home administrators who are employed in underserved nursing homes (as defined in section 487H(e)(3) of the Public Health Service Act). (c) Applications \nA State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 to carry out this section. (e) Definitions \nFor purposes of this section: (1) Nursing home \nThe term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act ( 42 U.S.C. 1395x(ss)(1) ). (2) Nursing home administrator \nThe term nursing home administrator means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual’s functions and duties are shared with one or more other individuals. (3) State \nThe term State has the meaning given such term for purposes of title XIX of the Social Security Act.", "id": "H9028ECA6578D41D880D3C9F4B24B67AD", "header": "Training program for nursing home administrators" }, { "text": "4. High family involvement in nursing homes \nThe Director of the Centers for Medicare & Medicaid Services shall provide, in implementing the Nursing Home Quality Initiative, the degree of family involvement (as defined by the Director) among the quality indicators for the evaluation of the quality of nursing homes,.", "id": "H9927371B6B8C4AE48B94ABAE8B71F0E5", "header": "High family involvement in nursing homes" }, { "text": "5. Reinstitution of Boren Amendment Medicaid Payment Methodology \n(a) In general \nSection 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended to read as follows: (13) provide for payment of services through the use of rates determined pursuant to the criteria under this paragraph as in effect on August 1, 1997;. (b) Establishment of safe harbor rates \nSection 1902 of such Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following: The Secretary may, by regulation, promulgate standards or methodologies for determining rates that comply with paragraph (13), and a State that pays rates that meet such standards or methodologies is deemed to be in compliance with paragraph (13).. (c) Effective date \nThe amendments made by this section shall apply to services furnished on or after the date that is one year after the date of the enactment of this Act.", "id": "HD02024FB85734F15BEB7CDFEC7D91E12", "header": "Reinstitution of Boren Amendment Medicaid Payment Methodology" }, { "text": "6. Increase of Medicaid FMAP \nSection 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following: Notwithstanding the first sentence of this subsection, only for purposes of this title (and not with respect to the determination of the enhanced FMAP) and with respect to calendar quarters beginning after October 1, 2004, in the case of a State in which the Federal medical assistance percentage otherwise determined under the first sentence is less than 60 percent, such percentage shall be increased by 2 percentage points, and in the case of a State in which such percentage is otherwise so determined to be 60 percent or greater, such percentage shall be increased by 1 percentage point..", "id": "H9FD8B958BA03438799DC6BCEA9640078", "header": "Increase of Medicaid FMAP" } ]

[ { "text": "1. Short Title; Findings \n(a) Short title \nThis Act may be cited as the Nurse Staffing Standards for Patient Safety and Quality Care Act of 2004. (b) Findings \nCongress finds the following: (1) The Federal Government has a substantial interest in promoting quality care and improving the delivery of health care services to patients in health care facilities in the United States. (2) Recent changes in health care delivery systems that have resulted in higher acuity levels among patients in health care facilities increase the need for improved quality measures in order to protect patient care and reduce the incidence of medical errors. (3) Inadequate and poorly monitored registered nurse staffing practices that result in too few registered nurses providing direct care jeopardize the delivery of quality health care services. (4) Numerous studies have shown that patient outcomes are directly correlated to direct care registered nurse staffing levels, including a 2002 Joint Commission on Accreditation of Healthcare Organizations report that concluded that the lack of direct care registered nurses contributed to nearly a quarter of the unanticipated problems that result in injury or death to hospital patients. (5) Requirements for direct care registered nurse staffing ratios will help address the registered nurse shortage in the United States by aiding in recruitment of new registered nurses and improving retention of registered nurses who are considering leaving direct patient care because of demands created by inadequate staffing. (6) Establishing adequate minimum direct care registered nurse-to-patient ratios that take into account patient acuity measures will improve the delivery of quality health care services and guarantee patient safety. (7) Establishing safe staffing standards for direct care registered nurses is a critical component of assuring that there is adequate hospital staffing at all levels to improve the delivery of quality care and protect patient safety.", "id": "HDE7B4CF1B3F04BF8874221C0FB161000", "header": "Short Title; Findings" }, { "text": "2. Minimum direct care registered nurse staffing requirement \n(a) Minimum direct care registered nurse staffing requirement \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following new title: XXIX Minimum direct care registered nurse staffing requirement \n2901. Minimum nurse staffing requirement \n(a) Staffing plan \n(1) In general \nA hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates \n(A) Implementation of staffing plan \nSubject to subparagraph (B), the requirements under paragraph (1) shall take effect not later than 1 year after the date of the enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios \nThe requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(2)(B) ), not later than 4 years after the date of the enactment of this title. (b) Minimum direct care registered nurse-to-patient ratios \n(1) In general \nA hospital’s staffing plan shall provide that, during each shift within a unit of the hospital, a direct care registered nurse may be assigned to not more than the following number of patients in that unit, subject to paragraph (3): (A) 1 patient in operating room units and trauma emergency units. (B) 2 patients in critical care units, including emergency critical care and intensive care units, labor and delivery units, and postanesthesia units. (C) 3 patients in antepartum units, emergency room units, pediatrics units, stepdown units, and telemetry units. (D) 4 patients in intermediate care nursery units, medical/surgical units, and acute care psychiatric units. (E) 5 patients in rehabilitation units. (F) 6 patients in postpartum (3 couplets) units and well-baby nursery units. (2) Similar units with different names \nThe Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) to a type of hospital unit not referred to in such paragraph if such other unit performs a function similar to the function performed by the unit referred to in such paragraph. (3) Adjustment of ratios \n(A) In general \nIf necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to further limit the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation \nSuch regulations shall be prescribed after consultation with affected hospitals and registered nurses. (4) Relationship to State-imposed ratios \n(A) No preemption of certain State-imposed ratios \nNothing in this title shall preempt State standards that the Secretary determines to be at least equivalent to Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are at least equivalent to Federal requirements for a staffing plan established under this title. (B) Satisfaction of certain Federal requirements with certain State-imposed nurse-to-patient ratios \nStates that, at least 2 years prior to the date of the enactment of this title, have enacted minimum direct care nurse-to-patient ratios that allow the use of licensed practical nurses to meet State-imposed minimum direct care nurse-to-patient ratios may continue to make such allowance, and such allowance shall be considered to satisfy requirements imposed under this subsection, so long as the particular licensed practical nurse is employed in the same or a comparable position. (5) Exemption in emergencies \n(A) In general \nThe requirements established under this subsection shall not apply during a declared state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. (B) Emergency defined \nFor purposes of subparagraph (A), the term declared state of emergency means a state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but such term does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. (c) Development and reevaluation of staffing plan \n(1) Considerations in development of plan \nIn developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of the following factors: (A) The number of patients and acuity level of patients as determined by the application of an acuity system (as defined in section 2906(1)), on a shift-by-shift basis. (B) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (C) Specialized experience required of direct care registered nurses on a particular unit. (D) Staffing levels and services provided by other health care personnel in meeting direct patient care needs not required by a direct care registered nurse. (E) The level of technology available that affects the delivery of direct patient care. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing \nA hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan and acuity system \n(A) In general \nA hospital shall annually evaluate— (i) its staffing plan in each unit in relation to actual patient care requirements; and (ii) the accuracy of its acuity system. (B) Update \nA hospital shall update its staffing plan and acuity system to the extent appropriate based on such evaluation. (4) Registered nurse participation \nA staffing plan of a hospital shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital or, where such nurses are represented through collective bargaining, from the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act or under the Federal Labor Relations Act. (d) Submission of plan to Secretary \nA hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital. 2902. Posting, records, and audits \n(a) Posting requirements \nIn each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 2901; (2) includes actual direct care registered nurse-to-patient ratios during each shift; and (3) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records \n(1) Maintenance of records \nEach hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of each direct care registered nurse assigned to each patient in each unit in each shift; and (C) a copy of each notice posted under subsection (a). (2) Availability of records \nEach hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Audits \nThe Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section. 2903. Minimum direct care licensed practical nurse staffing requirements \n(a) Establishment \nA hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study \nNot later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements \nParagraphs (2), (3), (4)(A), and (5) of section 2901(b), section 2901(c), and section 2902 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under section 2901. (d) Effective date \nThe requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(2)(B) ), not later than 4 years after the date of the enactment of this title. 2904. Adjustment in reimbursement \n(a) Medicare reimbursement \nThe Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to medicare beneficiaries that are attributable to compliance with requirements imposed under sections 2901 through 2903. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). (b) Authorization of appropriation for federally operated hospitals \nThere are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 2901 through 2903. (c) MedPAC report \nNot later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act ( 42 U.S.C. 1395b-6 )) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 2901 through 2903. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a). 2905. Protection of nurses and other individuals \n(a) Refusal of assignment \nA nurse may refuse to accept an assignment as a nurse in a hospital if— (1) the assignment would violate section 2901 or 2903; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (b) Retaliation for refusal of assignment barred \n(1) No discharge, discrimination, or retaliation \nNo hospital shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment (as defined in section 2906(5)), including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse based on the nurse’s refusal of a work assignment under subsection (a). (2) No filing of complaint \nNo hospital shall file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (a). (c) Cause of action \nAny nurse who has been discharged, discriminated, or retaliated against in violation of subsection (b)(1) or against whom a complaint has been filed in violation of subsection (b)(2) may bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (d) Complaint to Secretary \nA nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (1) receive and investigate the complaint; (2) determine whether a violation of this title as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any retaliation under subsection (b) or under subsection (e). (e) Protection for reporting \n(1) Retaliation barred \nA hospital shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any individual who in good faith, individually or in conjunction with another person or persons— (A) reports a violation or a suspected violation of this title to the Secretary, a public regulatory agency, a private accreditation body, or the management personnel of the hospital; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this title; or (C) informs or discusses with other individuals or with representatives of hospital employees a violation or suspected violation of this title. (2) Good faith defined \nFor purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (f) Notice \nA hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses and other individuals under this section; (2) includes a statement that a nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file a complaint under paragraph (2). (g) Effective dates \n(1) Refusal; retaliation; cause of action \n(A) In general \nSubsections (a) through (c) shall apply to refusals occurring on or after the effective date of the provision to which the refusal relates. (B) Exception \nSubsection (a)(2) shall not apply to refusals in any hospital before the requirements of section 2901(a) apply to that hospital. (2) Protections for reporting \nSubsection (e) shall apply to actions described in subparagraphs (A) and (C) of subsection (e)(1) occurring on or after the effective date of the provision to which the violation relates. Subsection (e) shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of the enactment of this title. (3) Notice \nSubsection (f) shall take effect 18 months after the date of the enactment of this title. 2906. Definitions \nFor purposes of this title: (1) Acuity system \nThe term acuity system means an established measurement tool that— (A) predicts nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required, and the complexity of clinical nursing judgment needed to design, implement, and evaluate the patient’s nursing care plan; (B) details the amount of nursing care needed, both in number of nurses and in skill mix of nursing personnel required, on a daily basis, for each patient in a nursing department or unit; (C) takes into consideration the patient care services provided not only by registered nurses but also by direct care licensed practical nurses and other health care personnel; and (D) is stated in terms that can be readily used and understood by nurses. (2) Direct care licensed practical nurse \nThe term direct care licensed practical nurse means an individual who has been granted a license by at least 1 State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for 1 or more patients. (3) Nurse \nThe term nurse means any direct care registered nurse or direct care licensed practical nurse (as the case may be), regardless of whether or not the nurse is an employee. (4) Direct care registered nurse \nThe term direct care registered nurse means an individual who has been granted a license by at least 1 State to practice as a registered nurse and who provides bedside care for 1 or more patients. (5) Employment \nThe term employment includes the provision of services under a contract or other arrangement. (6) Hospital \nThe term hospital has the meaning given that term in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ), and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States. (7) Staffing plan \nThe term staffing plan means a staffing plan required under section 2901.. (b) Recommendations to Congress \nNo later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing recommendations for ensuring that sufficient numbers of nurses are available to meet the requirements imposed by title XXIX of the Public Health Service Act, as added by subsection (a).", "id": "H6D4607A59DC84A2C82333001016D4D2C", "header": "Minimum direct care registered nurse staffing requirement" }, { "text": "2901. Minimum nurse staffing requirement \n(a) Staffing plan \n(1) In general \nA hospital shall implement a staffing plan that— (A) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (B) is consistent with the requirements of this title. (2) Effective dates \n(A) Implementation of staffing plan \nSubject to subparagraph (B), the requirements under paragraph (1) shall take effect not later than 1 year after the date of the enactment of this title. (B) Application of minimum direct care registered nurse-to-patient ratios \nThe requirements under subsection (b) shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(2)(B) ), not later than 4 years after the date of the enactment of this title. (b) Minimum direct care registered nurse-to-patient ratios \n(1) In general \nA hospital’s staffing plan shall provide that, during each shift within a unit of the hospital, a direct care registered nurse may be assigned to not more than the following number of patients in that unit, subject to paragraph (3): (A) 1 patient in operating room units and trauma emergency units. (B) 2 patients in critical care units, including emergency critical care and intensive care units, labor and delivery units, and postanesthesia units. (C) 3 patients in antepartum units, emergency room units, pediatrics units, stepdown units, and telemetry units. (D) 4 patients in intermediate care nursery units, medical/surgical units, and acute care psychiatric units. (E) 5 patients in rehabilitation units. (F) 6 patients in postpartum (3 couplets) units and well-baby nursery units. (2) Similar units with different names \nThe Secretary may apply minimum direct care registered nurse-to-patient ratios established in paragraph (1) to a type of hospital unit not referred to in such paragraph if such other unit performs a function similar to the function performed by the unit referred to in such paragraph. (3) Adjustment of ratios \n(A) In general \nIf necessary to protect patient safety, the Secretary may prescribe regulations that— (i) increase minimum direct care registered nurse-to-patient ratios under this subsection to further limit the number of patients that may be assigned to each direct care nurse; or (ii) add minimum direct care registered nurse-to-patient ratios for units not referred to in paragraphs (1) and (2). (B) Consultation \nSuch regulations shall be prescribed after consultation with affected hospitals and registered nurses. (4) Relationship to State-imposed ratios \n(A) No preemption of certain State-imposed ratios \nNothing in this title shall preempt State standards that the Secretary determines to be at least equivalent to Federal requirements for a staffing plan established under this title. Minimum direct care registered nurse-to-patient ratios established under this subsection shall not preempt State requirements that the Secretary determines are at least equivalent to Federal requirements for a staffing plan established under this title. (B) Satisfaction of certain Federal requirements with certain State-imposed nurse-to-patient ratios \nStates that, at least 2 years prior to the date of the enactment of this title, have enacted minimum direct care nurse-to-patient ratios that allow the use of licensed practical nurses to meet State-imposed minimum direct care nurse-to-patient ratios may continue to make such allowance, and such allowance shall be considered to satisfy requirements imposed under this subsection, so long as the particular licensed practical nurse is employed in the same or a comparable position. (5) Exemption in emergencies \n(A) In general \nThe requirements established under this subsection shall not apply during a declared state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. (B) Emergency defined \nFor purposes of subparagraph (A), the term declared state of emergency means a state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but such term does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. (c) Development and reevaluation of staffing plan \n(1) Considerations in development of plan \nIn developing the staffing plan, a hospital shall provide for direct care registered nurse-to-patient ratios above the minimum direct care registered nurse-to-patient ratios required under subsection (b) if appropriate based upon consideration of the following factors: (A) The number of patients and acuity level of patients as determined by the application of an acuity system (as defined in section 2906(1)), on a shift-by-shift basis. (B) The anticipated admissions, discharges, and transfers of patients during each shift that impacts direct patient care. (C) Specialized experience required of direct care registered nurses on a particular unit. (D) Staffing levels and services provided by other health care personnel in meeting direct patient care needs not required by a direct care registered nurse. (E) The level of technology available that affects the delivery of direct patient care. (F) The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses used during a shift. (G) Obstacles to efficiency in the delivery of patient care presented by physical layout. (2) Documentation of staffing \nA hospital shall specify the system used to document actual staffing in each unit for each shift. (3) Annual reevaluation of plan and acuity system \n(A) In general \nA hospital shall annually evaluate— (i) its staffing plan in each unit in relation to actual patient care requirements; and (ii) the accuracy of its acuity system. (B) Update \nA hospital shall update its staffing plan and acuity system to the extent appropriate based on such evaluation. (4) Registered nurse participation \nA staffing plan of a hospital shall be developed and subsequent reevaluations shall be conducted under this subsection on the basis of input from direct care registered nurses at the hospital or, where such nurses are represented through collective bargaining, from the applicable recognized or certified collective bargaining representative of such nurses. Nothing in this title shall be construed to permit conduct prohibited under the National Labor Relations Act or under the Federal Labor Relations Act. (d) Submission of plan to Secretary \nA hospital shall submit to the Secretary its staffing plan and any annual updates under subsection (c)(3)(B). A federally operated hospital may submit its staffing plan through the department or agency operating the hospital.", "id": "HFE9AC26FCFD745009FAD21287EA8F273", "header": "Minimum nurse staffing requirement" }, { "text": "2902. Posting, records, and audits \n(a) Posting requirements \nIn each unit, a hospital shall post a uniform notice in a form specified by the Secretary in regulation that— (1) explains requirements imposed under section 2901; (2) includes actual direct care registered nurse-to-patient ratios during each shift; and (3) is visible, conspicuous, and accessible to staff, patients, and the public. (b) Records \n(1) Maintenance of records \nEach hospital shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for no less than 3 years. Such records shall include— (A) the number of patients in each unit; (B) the identity and duty hours of each direct care registered nurse assigned to each patient in each unit in each shift; and (C) a copy of each notice posted under subsection (a). (2) Availability of records \nEach hospital shall make its records maintained under paragraph (1) available to— (A) the Secretary; (B) registered nurses and their collective bargaining representatives (if any); and (C) the public under regulations established by the Secretary, or in the case of a federally operated hospital, under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Audits \nThe Secretary shall conduct periodic audits to ensure— (1) implementation of the staffing plan in accordance with this title; and (2) accuracy in records maintained under this section.", "id": "HEDA12F145FCA45CABF487500FD000071", "header": "Posting, records, and audits" }, { "text": "2903. Minimum direct care licensed practical nurse staffing requirements \n(a) Establishment \nA hospital’s staffing plan shall comply with minimum direct care licensed practical nurse staffing requirements that the Secretary establishes for units in hospitals. Such staffing requirements shall be established not later than 18 months after the date of the enactment of this title, and shall be based on the study conducted under subsection (b). (b) Study \nNot later than 1 year after the date of the enactment of this title, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall complete a study of licensed practical nurse staffing and its effects on patient care in hospitals. The Director may contract with a qualified entity or organization to carry out such study under this paragraph. The Director shall consult with licensed practical nurses and organizations representing licensed practical nurses regarding the design and conduct of the study. (c) Application of registered nurse provisions to licensed practical nurse staffing requirements \nParagraphs (2), (3), (4)(A), and (5) of section 2901(b), section 2901(c), and section 2902 shall apply to the establishment and application of direct care licensed practical nurse staffing requirements under this section in the same manner that they apply to the establishment and application of direct care registered nurse-to-patient ratios under section 2901. (d) Effective date \nThe requirements of this section shall take effect as soon as practicable, as determined by the Secretary, but not later than 2 years after the date of the enactment of this title, or in the case of a hospital in a rural area (as defined in section 1886(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(2)(B) ), not later than 4 years after the date of the enactment of this title.", "id": "HB7F9F93C207A4CCE9CA06270F75C8015", "header": "Minimum direct care licensed practical nurse staffing requirements" }, { "text": "2904. Adjustment in reimbursement \n(a) Medicare reimbursement \nThe Secretary shall adjust payments made to hospitals (other than federally operated hospitals) under title XVIII of the Social Security Act in an amount equal to the net amount of additional costs incurred in providing services to medicare beneficiaries that are attributable to compliance with requirements imposed under sections 2901 through 2903. The amount of such payment adjustments shall take into account recommendations contained in the report submitted by the Medicare Payment Advisory Commission under subsection (c). (b) Authorization of appropriation for federally operated hospitals \nThere are authorized to be appropriated such additional sums as are required for federally operated hospitals to comply with the additional requirements established under sections 2901 through 2903. (c) MedPAC report \nNot later than 2 years after the date of the enactment of this title, the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act ( 42 U.S.C. 1395b-6 )) shall submit to Congress and the Secretary a report estimating total costs and savings attributable to compliance with requirements imposed under sections 2901 through 2903. Such report shall include recommendations on the need, if any, to adjust reimbursement for Medicare payments under subsection (a).", "id": "HFFB10C261F384591A4AB5904AC1D4F52", "header": "Adjustment in reimbursement" }, { "text": "2905. Protection of nurses and other individuals \n(a) Refusal of assignment \nA nurse may refuse to accept an assignment as a nurse in a hospital if— (1) the assignment would violate section 2901 or 2903; or (2) the nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (b) Retaliation for refusal of assignment barred \n(1) No discharge, discrimination, or retaliation \nNo hospital shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment (as defined in section 2906(5)), including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse based on the nurse’s refusal of a work assignment under subsection (a). (2) No filing of complaint \nNo hospital shall file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because of the nurse’s refusal of a work assignment under subsection (a). (c) Cause of action \nAny nurse who has been discharged, discriminated, or retaliated against in violation of subsection (b)(1) or against whom a complaint has been filed in violation of subsection (b)(2) may bring a cause of action in a United States district court. A nurse who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys’ fees. (4) Court costs. (5) Other damages. (d) Complaint to Secretary \nA nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title. For any complaint filed, the Secretary shall— (1) receive and investigate the complaint; (2) determine whether a violation of this title as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining nurse or individual shall not suffer any retaliation under subsection (b) or under subsection (e). (e) Protection for reporting \n(1) Retaliation barred \nA hospital shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any individual who in good faith, individually or in conjunction with another person or persons— (A) reports a violation or a suspected violation of this title to the Secretary, a public regulatory agency, a private accreditation body, or the management personnel of the hospital; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this title; or (C) informs or discusses with other individuals or with representatives of hospital employees a violation or suspected violation of this title. (2) Good faith defined \nFor purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes— (A) the information reported or disclosed is true; and (B) a violation of this title has occurred or may occur. (f) Notice \nA hospital shall post in an appropriate location in each unit a conspicuous notice in a form specified by the Secretary that— (1) explains the rights of nurses and other individuals under this section; (2) includes a statement that a nurse or other individual may file a complaint with the Secretary against a hospital that violates the provisions of this title; and (3) provides instructions on how to file a complaint under paragraph (2). (g) Effective dates \n(1) Refusal; retaliation; cause of action \n(A) In general \nSubsections (a) through (c) shall apply to refusals occurring on or after the effective date of the provision to which the refusal relates. (B) Exception \nSubsection (a)(2) shall not apply to refusals in any hospital before the requirements of section 2901(a) apply to that hospital. (2) Protections for reporting \nSubsection (e) shall apply to actions described in subparagraphs (A) and (C) of subsection (e)(1) occurring on or after the effective date of the provision to which the violation relates. Subsection (e) shall apply to initiation, cooperation, or participation in an investigation or proceeding on or after the date of the enactment of this title. (3) Notice \nSubsection (f) shall take effect 18 months after the date of the enactment of this title.", "id": "H2585CCA7456242E8B9DD15B0A0A8FC2F", "header": "Protection of nurses and other individuals" }, { "text": "2906. Definitions \nFor purposes of this title: (1) Acuity system \nThe term acuity system means an established measurement tool that— (A) predicts nursing care requirements for individual patients based on severity of patient illness, need for specialized equipment and technology, intensity of nursing interventions required, and the complexity of clinical nursing judgment needed to design, implement, and evaluate the patient’s nursing care plan; (B) details the amount of nursing care needed, both in number of nurses and in skill mix of nursing personnel required, on a daily basis, for each patient in a nursing department or unit; (C) takes into consideration the patient care services provided not only by registered nurses but also by direct care licensed practical nurses and other health care personnel; and (D) is stated in terms that can be readily used and understood by nurses. (2) Direct care licensed practical nurse \nThe term direct care licensed practical nurse means an individual who has been granted a license by at least 1 State to practice as a licensed practical nurse or a licensed vocational nurse and who provides bedside care for 1 or more patients. (3) Nurse \nThe term nurse means any direct care registered nurse or direct care licensed practical nurse (as the case may be), regardless of whether or not the nurse is an employee. (4) Direct care registered nurse \nThe term direct care registered nurse means an individual who has been granted a license by at least 1 State to practice as a registered nurse and who provides bedside care for 1 or more patients. (5) Employment \nThe term employment includes the provision of services under a contract or other arrangement. (6) Hospital \nThe term hospital has the meaning given that term in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ), and includes a hospital that is operated by the Department of Veterans Affairs, the Department of Defense, the Indian Health Services Program, or any other department or agency of the United States. (7) Staffing plan \nThe term staffing plan means a staffing plan required under section 2901.", "id": "H6FD68A8D8EA74F418723D676AEA575A9", "header": "Definitions" }, { "text": "3. Enforcement of requirements through Federal programs \n(a) Medicare program \nSection 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ), as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking and at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting , and ; and (3) by inserting after subparagraph (V) the following: (W) in the case of a hospital, to comply with the provisions of title XXIX of the Public Health Service Act.. (b) Medicaid program \nThe first sentence of section 1902(a) of the Social Security Act ( 42 U.S.C. 1396(a) ) is amended— (1) by striking and at the end of paragraph (66); (2) by striking the period at the end of paragraph (67) and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide that any hospital receiving payments under such plan must comply with the provisions of title XXIX of the Public Health Service Act.. (c) Health benefits program of the Department of Veterans Affairs \nSection 8110(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (7) In the case of a Department medical facility that is a hospital, the hospital shall comply with the provisions of title XXIX of the Public Health Service Act.. (d) Health benefits program of the Department of Defense \n(1) In general \nChapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110a. Staffing requirements \nIn the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXIX of the Public Health Service Act.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1110 the following new item: 1110a. Staffing requirements. (e) Indian health services program \nTitle VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) is amended by adding at the end the following new section: 826 Staffing requirements \nA hospital of the Service shall comply with the provisions of title XXIX of the Public Health Service Act..", "id": "H6579D7AE8C114C2E96FB6F4240376E4B", "header": "Enforcement of requirements through Federal programs" }, { "text": "1110a. Staffing requirements \nIn the case of a facility of the uniformed services that is a hospital, the hospital shall comply with the provisions of title XXIX of the Public Health Service Act.", "id": "H298BEC0B7435416D88E446F7547EE33F", "header": "Staffing requirements" }, { "text": "826 Staffing requirements \nA hospital of the Service shall comply with the provisions of title XXIX of the Public Health Service Act.", "id": "H43AFD506B630447A88B1EB3C59B74368", "header": "Staffing requirements" } ]

[ { "text": "1. That notwithstanding section 27 of the Merchant Marine Act , 1920 ( 46 App. U.S.C. 883 ), section 8 of the Act of June 19, 1886 ( 46 App. U.S.C. 289 ), and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel W. N. RAGLAND (Washington State registration number WN5506NE).", "id": "HEE0A52D2D8644B13B5BB210076CE600", "header": null } ]

[ { "text": "1. Permanent extension of credit for producing electricity from wind \nSection 45(c)(3)(A) of the Internal Revenue Code of 1986 (relating to wind facility) is amended by striking , and before January 1, 2004.", "id": "HDE353274C21D4992913257667B47456E", "header": "Permanent extension of credit for producing electricity from wind" } ]

[ { "text": "1. Modification of certain deadlines for machine-readable, tamper-resistant entry and exit documents \nSection 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1732 ) is amended, in each of subsections (b)(2)(A), (c)(1), and (c)(2), by striking 2004, and inserting 2005,.", "id": "H9E7D8452268A4FB780A07E58C142883E", "header": "Modification of certain deadlines for machine-readable, tamper-resistant entry and exit documents" } ]

[ { "text": "1. Sergeant Riayan A. Tejada Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 555 West 180th Street in New York, New York, shall be known and designated as the Sergeant Riayan A. Tejada Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant Riayan A. Tejada Post Office.", "id": "HC525E19C38054DF58459873309C1CBF", "header": "Sergeant Riayan A. Tejada Post Office" } ]

[ { "text": "1. Reauthorization of National Estuary Program \nSection 320(i) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(i) ) is amended by striking 2005 and inserting 2010.", "id": "HA88F9B3B8D5B498F84419655457E8807", "header": "Reauthorization of National Estuary Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the “United States Economic Assistance Conditionality Act of 2004”.", "id": "H0556E4FC295D4CC1B489B05D942B242B", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The governments of low income oil-producing countries often do not provide information to the people of such countries regarding their oil revenues. Such opacity can hide billions of dollars worth of financial impropriety. (2) The governments of such countries have generally refused to disclose information regarding their oil revenues when pressed by international organizations and others, proclaiming that such disclosure is an infringement on national sovereignty. (3) As a result, the people of such countries are left without the necessary information to ensure proper management and accountability regarding such oil revenues. Dispossessed, the people of such countries are often left marginalized and at the mercy of donor assistance. In Angola, for example, one in every four oil dollars earned is unaccounted for. At the same time, one in four Angolan children dies before the age of five from preventable diseases. (4) In some low income oil-producing countries, government-imposed royalties and fees on the revenues of business enterprises engaged in oil production are often misappropriated and squandered. These businesses are then left vulnerable to accusations of complicity with corruption. (5) The governments of low income oil-producing countries that mismanage oil revenues are often unstable and do not survive, creating further instability that threatens the supply of vital industrial commodities and forcing the international community to respond with costly emergency assistance to those countries. (6) A key to promoting political, economic, and social reform in low income oil-producing is transparency in public finances. (7) If the governments of such countries tell their people how much oil revenue the government receives and how that revenue is allocated and expended, the resulting transparency will engender more realistic public expectations, more plausible national development programs, and better means to combat corruption and promote democracy, respect for human rights, and the rule of law. (8) Transparency by such foreign governments will benefit United States business enterprises as well. Respect for the rule of law, codified regulatory practices, and transparent bidding and award practices deter corruption and encourage a level playing field in such countries for United States business enterprises. (9) Export credit activities and other bilateral concessional loan programs of the United States Government for low income oil-producing countries should require that any assistance under such activities and programs be conditional on appropriate transparency by the governments of such countries relating to oil revenues. (10) International financial institutions such as the World Bank should incorporate revenue transparency across their lending and technical assistance portfolios by making full transparency a condition of all their financial support and by including it in their national poverty reduction strategy consultations. (11) One bold and promising model is the Chad/Cameroon Pipeline Project, under which the Government of Chad, private investors, and the World Bank Group have established an accountability and oversight mechanism for the country’s revenues derived from oil production. (12) Donald Norland, former United States Ambassador to Chad, in testimony on April 18, 2002, before the Committee on International Relations of the House of Representatives stated that the Chad/Cameroon Pipeline Project “has addressed these extraordinarily challenging issues in ways that may well serve as a model for developing natural resources in other countries”. (13) Ambassador Norland further testified that: “Success will require keeping the project in the spotlight of public attention as well as under constant scrutiny and monitoring by outside groups... Scrutiny is the key to transparency. Transparency is, in turn, indispensable in guaranteeing that oil resources go... to projects that reduce poverty while preserving the environment and advancing human rights... to make sure that revenues go to benefit the people of Chad and not to private bank accounts.”.", "id": "H2F6A56F53C72416BA3667E03BB111350", "header": "Findings" }, { "text": "3. Limitation on United States economic assistance for low income oil-producing countries \nChapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended— (1) by redesignating the second section 620G (as added by section 149 of Public Law 104–164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: 620K. Limitation on United States economic assistance for low income oil-producing countries \n(a) Definitions \nIn this section: (1) Low income country \nThe term low income country means a country that has a per capita income equal to or less than the historical ceiling of the International Development Association, as defined by the International Bank for Reconstruction and Development. (2) Low income oil producing country \nThe term low income oil-producing country means a low-income country that produces an average of not less than 100,000 barrels of oil or equivalent per day based on the most recent information available by the Energy Information Administration of the Department of Energy. (3) Oil \nThe term oil includes crude oil, natural gas plant liquids, other petroleum-based liquids, and petroleum-based refinery byproducts. (4) United States economic assistance \nThe term United States economic assistance means any of the following: (A) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within the major budget functional category 150 (relating to International Affairs), including assistance under— (i) chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); (ii) chapter 10 of part I of that Act (relating to the Development Fund for Africa); (iii) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); (iv) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia region); (v) chapter 4 of part II of that Act (relating to the Economic Support Fund); or (vi) the Support for East European Democracy (SEED) Act of 1989. (B) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within any of the following major budget functional categories: (i) 270 (relating to Energy). (ii) 300 (relating to Natural Resources and the Environment), including programs, projects, and activities of the Environmental Protection Agency, the Department of the Interior, and the United States Army Corps of Engineers). (iii) 350 (relating to Agriculture), including assistance provided under title I of the Agricultural Trade Development and Assistance Act of 1954, the Food for Progress program, and other programs administered by the Department of Agriculture, such as programs administered by the Commodity Credit Corporation. (iv) 370 (relating to Commerce and Housing Credit). (v) 400 (relating to Transportation). (vi) 500 (relating to Education, Training, Employment, and Social Services). (vii) 550 (relating to Health). (viii) 750 (relating to the Administration of Justice). (ix) 800 (relating to the General Government). (b) Identification; Determinations \nNot later than October 1, 2005, and not later than each October 1 thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation— (1) shall identify all countries in the world that are low income oil-producing countries (as defined in subsection (a)(1)); and (2) for each country identified under paragraph (1)— (A) shall determine whether or not the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d), as required under subsection (c)(1)(A); and (B) shall determine whether or not the government of the country meets the requirements of subsection (e), as required under subsection (c)(1)(B). (c) Limitation on Economic Assistance \n(1) Limitation \nNotwithstanding any other provision of law (other than a provision of this section), United States economic assistance may be provided for fiscal year 2007 and each subsequent fiscal year for a low income oil-producing country only if the President, acting through the Board of Directors of the Millennium Challenge Corporation, determines that— (A) the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d); and (B) the government of the country meets the requirements of subsection (e). (2) Rule of construction \nThe limitation on assistance under paragraph (1) shall not apply to a low income oil-producing country that is determined by the Board of Directors of the Millennium Challenge Corporation to be an eligible country under section 607 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706 ) and is identified as such by the Chief Executive Officer of the Corporation under section 608(d) of such Act ( 22 U.S.C. 7707(d) ). (d) Indicators \nThe indicators referred to in subsection (c)(1)(A) are the following: (1) Total expenditures on health \nThe amount expended by the government of the country at all levels on health divided by the gross domestic product of the country. (2) Total expenditures on primary education \nThe amount expended by the government of the country at all levels on primary education divided by the gross domestic product of the country. (3) Primary education completion rate \nThe number of students who complete primary education divided by the total population of individuals of the same age in the country. (e) Requirements \nThe requirements referred to in subsection (c)(1)(B) are the following: (1) Transparency relating to oil revenues \nThe government of the country makes publicly available information on— (A) the amount of revenues received by the government through the production of oil in the country for the preceding calendar year, whether through royalties, rents, taxes, customs, duties, or otherwise; and (B) the allocation of such revenues among the various departments and agencies of the government. (2) Allocation and expenditure of oil revenues \nThe government of the country allocates and expends an appropriate amount of the revenues referred to in paragraph (1) on education, food and nutrition assistance, and public health programs for the people of the country. (3) UN convention against corruption \nThe country is a signatory to the United Nations Convention Against Corruption (Document A/58/422), as adopted by the United Nations General Assembly on October 31, 2003. (f) Report \n(1) In general \nNot later than October 1, 2006, and not later than October 1 of each year thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation, shall prepare and transmit to Congress a report that contains— (A) for the fiscal year beginning on the applicable October 1— (i) the identification each low income oil-producing country, as required under subsection (b)(1); and (ii) the determinations with respect to each such low income oil-producing country, as required under subparagraphs (A) and (B) of subsection (b)(2); and (B) for the prior fiscal year, an identification of each low income oil-producing country that received United States economic assistance by reason of the application of subsection (c)(1) and the amounts and purposes of such assistance. (2) Special rule for initial report \nThe requirement to include information described in subparagraph (B) of paragraph (1) shall not apply to the initial report required to be submitted under such paragraph..", "id": "HD7AEBB5FC73540CE9539E9E8001E1761", "header": "Limitation on United States economic assistance for low income oil-producing countries" }, { "text": "620K. Limitation on United States economic assistance for low income oil-producing countries \n(a) Definitions \nIn this section: (1) Low income country \nThe term low income country means a country that has a per capita income equal to or less than the historical ceiling of the International Development Association, as defined by the International Bank for Reconstruction and Development. (2) Low income oil producing country \nThe term low income oil-producing country means a low-income country that produces an average of not less than 100,000 barrels of oil or equivalent per day based on the most recent information available by the Energy Information Administration of the Department of Energy. (3) Oil \nThe term oil includes crude oil, natural gas plant liquids, other petroleum-based liquids, and petroleum-based refinery byproducts. (4) United States economic assistance \nThe term United States economic assistance means any of the following: (A) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within the major budget functional category 150 (relating to International Affairs), including assistance under— (i) chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); (ii) chapter 10 of part I of that Act (relating to the Development Fund for Africa); (iii) chapter 11 of part I of that Act (relating to assistance for the independent states of the former Soviet Union); (iv) chapter 12 of part I of that Act (relating to assistance for the countries of the South Caucasus and Central Asia region); (v) chapter 4 of part II of that Act (relating to the Economic Support Fund); or (vi) the Support for East European Democracy (SEED) Act of 1989. (B) Bilateral economic, development, or technical assistance (other than military assistance, humanitarian assistance, or assistance to prevent, treat, and monitor HIV/AIDS) provided by any department or agency of the United States Government to a foreign country under any program, project, or activity that is contained within any of the following major budget functional categories: (i) 270 (relating to Energy). (ii) 300 (relating to Natural Resources and the Environment), including programs, projects, and activities of the Environmental Protection Agency, the Department of the Interior, and the United States Army Corps of Engineers). (iii) 350 (relating to Agriculture), including assistance provided under title I of the Agricultural Trade Development and Assistance Act of 1954, the Food for Progress program, and other programs administered by the Department of Agriculture, such as programs administered by the Commodity Credit Corporation. (iv) 370 (relating to Commerce and Housing Credit). (v) 400 (relating to Transportation). (vi) 500 (relating to Education, Training, Employment, and Social Services). (vii) 550 (relating to Health). (viii) 750 (relating to the Administration of Justice). (ix) 800 (relating to the General Government). (b) Identification; Determinations \nNot later than October 1, 2005, and not later than each October 1 thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation— (1) shall identify all countries in the world that are low income oil-producing countries (as defined in subsection (a)(1)); and (2) for each country identified under paragraph (1)— (A) shall determine whether or not the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d), as required under subsection (c)(1)(A); and (B) shall determine whether or not the government of the country meets the requirements of subsection (e), as required under subsection (c)(1)(B). (c) Limitation on Economic Assistance \n(1) Limitation \nNotwithstanding any other provision of law (other than a provision of this section), United States economic assistance may be provided for fiscal year 2007 and each subsequent fiscal year for a low income oil-producing country only if the President, acting through the Board of Directors of the Millennium Challenge Corporation, determines that— (A) the country scores in the top quartile of all low income countries in each of the three indicators described in subsection (d); and (B) the government of the country meets the requirements of subsection (e). (2) Rule of construction \nThe limitation on assistance under paragraph (1) shall not apply to a low income oil-producing country that is determined by the Board of Directors of the Millennium Challenge Corporation to be an eligible country under section 607 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706 ) and is identified as such by the Chief Executive Officer of the Corporation under section 608(d) of such Act ( 22 U.S.C. 7707(d) ). (d) Indicators \nThe indicators referred to in subsection (c)(1)(A) are the following: (1) Total expenditures on health \nThe amount expended by the government of the country at all levels on health divided by the gross domestic product of the country. (2) Total expenditures on primary education \nThe amount expended by the government of the country at all levels on primary education divided by the gross domestic product of the country. (3) Primary education completion rate \nThe number of students who complete primary education divided by the total population of individuals of the same age in the country. (e) Requirements \nThe requirements referred to in subsection (c)(1)(B) are the following: (1) Transparency relating to oil revenues \nThe government of the country makes publicly available information on— (A) the amount of revenues received by the government through the production of oil in the country for the preceding calendar year, whether through royalties, rents, taxes, customs, duties, or otherwise; and (B) the allocation of such revenues among the various departments and agencies of the government. (2) Allocation and expenditure of oil revenues \nThe government of the country allocates and expends an appropriate amount of the revenues referred to in paragraph (1) on education, food and nutrition assistance, and public health programs for the people of the country. (3) UN convention against corruption \nThe country is a signatory to the United Nations Convention Against Corruption (Document A/58/422), as adopted by the United Nations General Assembly on October 31, 2003. (f) Report \n(1) In general \nNot later than October 1, 2006, and not later than October 1 of each year thereafter, the President, acting through the Board of Directors of the Millennium Challenge Corporation, shall prepare and transmit to Congress a report that contains— (A) for the fiscal year beginning on the applicable October 1— (i) the identification each low income oil-producing country, as required under subsection (b)(1); and (ii) the determinations with respect to each such low income oil-producing country, as required under subparagraphs (A) and (B) of subsection (b)(2); and (B) for the prior fiscal year, an identification of each low income oil-producing country that received United States economic assistance by reason of the application of subsection (c)(1) and the amounts and purposes of such assistance. (2) Special rule for initial report \nThe requirement to include information described in subparagraph (B) of paragraph (1) shall not apply to the initial report required to be submitted under such paragraph.", "id": "H96BD06A46943450688CD31A99D57ECA", "header": "Limitation on United States economic assistance for low income oil-producing countries" }, { "text": "4. Limitation on United States support for multilateral assistance for certain countries \nThe Bretton Woods Agreements Act ( 22 U.S.C. 286–286oo ) is amended by adding at the end the following: 64. Limitation on United States support for multilateral assistance for certain countries \nThe Secretary of the Treasury shall instruct the United States Executive Directors at the Fund and at the Bank to use the voice, vote, and influence of the United States to oppose the making of a loan by the Fund or the Bank, respectively, to the government of any country not eligible to receive United States economic assistance by reason of section 620K of the Foreign Assistance Act of 1961..", "id": "H58642815A5944739003363526CE0AB3D", "header": "Limitation on United States support for multilateral assistance for certain countries" }, { "text": "64. Limitation on United States support for multilateral assistance for certain countries \nThe Secretary of the Treasury shall instruct the United States Executive Directors at the Fund and at the Bank to use the voice, vote, and influence of the United States to oppose the making of a loan by the Fund or the Bank, respectively, to the government of any country not eligible to receive United States economic assistance by reason of section 620K of the Foreign Assistance Act of 1961.", "id": "H5081687FD7C84195A1E111B77918EAE5", "header": "Limitation on United States support for multilateral assistance for certain countries" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Youngstown State University Music for Our Youth Program Establishment Act.", "id": "H2C5C6B9C2E5B4A519E09C6383113D88B", "header": "Short title" }, { "text": "2. Music education pilot program \n(a) Establishment \nThe Secretary of Education shall establish the Youngstown State University Music for Our Youth Program , a 6-year pilot program to make grants to fund a music education center at Youngstown State University in Youngstown, Ohio, to provide music education for children in grades 7 through 12. (b) Use of funds \nYoungstown State University shall use funds received under this Act to establish a music education center to— (1) provide exposure to different varieties of music; (2) teach the importance and value of music; (3) offer exposure to musical concepts, such as rhythm; and (4) provide lessons in playing musical instruments and singing. (c) Eligibility \nTo be eligible to receive a grant under this Act, Youngstown State University shall submit an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require. (d) Reports \n(1) University report \nNot later than 18 months after receiving a grant under this Act, Youngstown State University shall submit a report to the Secretary documenting how the university used the grant funds and evaluating the level of success of the music center funded by the grant. (2) Report to Congress \nNot later than 3 years after establishing the pilot program under this section, the Secretary shall submit a report to Congress evaluating the success and viability of the pilot program. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2005 through 2011.", "id": "HB02713A568494BE681C95B136F978F09", "header": "Music education pilot program" } ]

[ { "text": "1. Extension of trade adjustment assistance to services sector \n(a) Adjustment assistance for workers \nSection 221(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1)(A) ) is amended by striking firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm. (b) Group eligibility requirements \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided ; and (ii) by inserting after subparagraph (B) the following: (C) (i) there has been a shift, by such workers’ firm or subdivision to a foreign country, in provision of services like or directly competitive with services which are provided by such firm or subdivision; or (ii) such workers’ firm or subdivision has obtained or is likely to obtain services described in clause (i) from a foreign country ; (2) in subsection (b), in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; and (3) in subsection (c)(3)— (A) by inserting (or subdivision) after such other firm ; and (B) by striking , if the certification and all that follows through Mexico. (c) Definitions \nSection 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 ) is amended by inserting after paragraph (6) the following: (7) The term service sector firm means an entity engaged in the business of providing information technology or other high technology services..", "id": "H5E2767B0562C448AB153D550817E4FFA", "header": "Extension of trade adjustment assistance to services sector" } ]

[ { "text": "1. Corrections to maps \n(a) In general \nThe Secretary of the Interior shall, before the end of the 30-day period beginning on the date of the enactment of this Act, make such corrections to the map described in subsection (b) as are necessary to ensure that depictions of areas on that map are consistent with the depictions of areas appearing on the map entitled Corrections to Coastal Barrier Resources System Map-Unit T–10 , dated June __, 2004, and on file with the Secretary and the Committee on Resources of the United States House of Representatives. (b) Map described \nThe map described in this subsection is the map that— (1) is included in a set of maps entitled Coastal Barrier Resources System , dated October 24, 1990; and (2) is subtitled Four Mile Hill Unit TX–16P, North Padre Island Unit T10/T10P. (c) Availability \nThe Secretary of the Interior shall keep the map described in subsection (b) on file and available for public inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).", "id": "H28CAB310665F4D869ED4DD22766816C", "header": "Corrections to maps" } ]

[ { "text": "1. Credit for investment in facilities producing electricity from woody biomass \n(a) In general \nSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: 48A. Facilities producing electricity from woody biomass \n(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year. (b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years. (c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants. (d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property.. (b) Technical amendments \n(1) Section 46 of such Code (relating to amount of credit) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the woody biomass technology credit.. (2) Section 49(a)(1)(C) of such Code 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) the portion of the basis of any qualified woody biomass energy property (as defined by section 48A(b)).. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following new item: Sec. 48A. Facilities producing electricity from woody biomass. (c) Effective date \nThe amendments made by this section shall apply to periods after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).", "id": "H2B45FE62702443469923002CE395C925", "header": "Credit for investment in facilities producing electricity from woody biomass" }, { "text": "48A. Facilities producing electricity from woody biomass \n(a) In general \nFor purposes of section 46, the woody biomass technology credit for any taxable year is an amount equal to 20 percent of the basis of qualified woody biomass energy property placed in service during such year. (b) Qualified woody biomass energy property \nFor purposes of this section, the term qualified woody biomass energy property means section 1245 property— (1) which is used to produce electricity from woody biomass, (2) which is placed in service after the date of the enactment of this section, and before January 1, 2010, (3) the original use of which commences with the taxpayer, and (4) which has a useful life of not less than 5 years. (c) Woody biomass \nFor purposes of this section, the term woody biomass means trees and woody plants, including bark, limbs, tops, needles, leaves, stumps, roots and other woody parts and debris, that are by-products of restoration and hazardous fuel reduction treatments, disease and insect infestation management activities, or other management activities that involve removal, manipulation, or silvicultural treatment of forests, trees, and woody plants. (d) Special rules \nFor purposes of this section— (1) Certain progress expenditure rules made applicable \nRules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Property financed by subsidized financing or industrial development bonds \nRules similar to the rules of section 45(b)(3) shall apply for purposes of this section. (3) Noncompliance with pollution laws \nThe term ‘qualified woody biomass energy property’ shall not include any property which is not in compliance with the applicable Federal pollution prevention, control, and permit requirements at any time during the 5-year period beginning on the date such property is placed in service. (4) Denial of credit for property receiving certain other Federal assistance \nThe term qualified woody biomass energy property shall not include any property if, at any time during the 5-year period beginning on the date such property is placed in service, any funding is provided with respect to such property under any provision of Federal law. (5) Coordination with other credits \nThis section shall not apply to any property with respect to which the rehabilitation credit under section 47, the energy credit under section 48, or any credit under section 45 is allowable unless the taxpayer elects to waive the application of such credit to such property.", "id": "H330EFFAD90194796B6A67D8ED288EFE5", "header": "Facilities producing electricity from woody biomass" } ]

[ { "text": "1. Amyl-anthraquinone \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: 9902.29.01 9, 10-Anthracenedione (CAS No. 113936–21–5) (provided for in subheading 2914.69.90 in pure form or 3824.90.28 in 50% solution) Free No change No change On or before 12/31/2006 (b) Effective date \nThe amendment made by this section shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.", "id": "H50A4F710F7524FDB87CB7472AC5304", "header": "Amyl-anthraquinone" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Water Conservation Incentive Act of 2004.", "id": "H17F78372B57F41DDA633A1BFBAC6D839", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds that— (1) a severe to extreme drought affected approximately 15 percent of the contiguous United States as of the end of April 2004, (2) about 32 percent of the contiguous United States fell in the moderate to extreme drought categories at the end of April 2004, (3) the Colorado River system is facing the worst drought on record, (4) the drought throughout the western United States could persist for up to another 30 years, (5) growing populations and changing values have increased demands on water supplies and river systems, resulting in water use and management conflicts throughout the country, particularly in the West, where the population is expected to increase at least 30 percent in the next 20–25 years, and (6) unless highly efficient water usage practices can be developed and maintained in the West, it will not be possible to provide the water needed to sustain western ecosystems, as well as population growth.", "id": "H1D09E5EAF446494ABAEF847C3275FBAB", "header": "Findings" }, { "text": "3. Refundable credit for residential water conservation \n(a) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Residential water conservation \n(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. (c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.. (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 36(e), in the case of amounts with respect to which a credit has been allowed under section 36.. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: Sec. 36. Residential water conservation Sec. 37. Overpayments of tax. (c) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "HEE405C7DDBE34D0590E2C374BF54C8D9", "header": "Refundable credit for residential water conservation" }, { "text": "36. Residential water conservation \n(a) Allowance of Credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. (b) Limitations \n(1) Maximum credit \nThe credit allowed under subsection (a) for a taxable year shall not exceed $1,000. (2) Minimum expenditures \nIf the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. (3) Property standards \nNo credit shall be allowed under this section for an item of property unless— (A) the original use of such property commences with the taxpayer, (B) such property reasonably can be expected to remain in use for at least 5 years, and (C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. (c) Qualified water conservation expenditures \nFor purposes of this section— (1) In general \nThe term qualified water conservation expenditure means the amount paid for qualified water conservation property. (2) Qualified water conservation property \nThe term qualified water conservation property means— (A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, (B) water efficient landscaping, including— (i) xeriscape (which is low-water use native and non-native plants and grasses), and (ii) artificial turf, (C) low-flow shower heads that use no more than 3 gallons of water per minute, (D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, (E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, (F) drip irrigation, (G) high-efficiency clothes washing machine, and (H) any other property of a type specified by the Secretary. (3) Limitation on types of property specified by Secretary \nThe Secretary may only specify a type of property for purposes of paragraph (2)(H) if— (A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, (B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and (C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. (d) Special rules \nFor purposes of this section— (1) Dollar amounts in case of joint occupancy \nIn the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: (A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. (B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. (2) Tenant-stockholder in cooperative housing corporation \nIn the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums \n(A) In general \nIn the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association \nFor purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases \nIf less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. (5) When expenditure made; amount of expenditure \n(A) In general \nExcept as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. (B) Expenditures part of building construction \nIn the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. (C) Amount \nThe amount of any expenditure shall be the cost thereof. (6) Property financed by subsidized energy financing \nFor purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). (e) Basis Adjustments \nFor purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.", "id": "H6EB8542843E845C2A7E84EA71E745087", "header": "Residential water conservation" }, { "text": "4. Credit for water conservation \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Commercial water conservation credit \n(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. (b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.. (b) Credit made part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following new paragraph: (16) the commercial water conservation credit determined under section 45G(a).. (c) Basis adjustment \nSubsection (a) of section 1016 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 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G.. (d) Limitation on carryback \nSubsection (d) of section 39 of such Code is amended to read as follows: (d) No carryback of commercial water conservation credit before January 1, 2004 \nNo portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45G. Commercial water conservation credit. (f) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2003.", "id": "H3F8833CEE2704F0D96A74FA5830494F", "header": "Credit for water conservation" }, { "text": "45G. Commercial water conservation credit \n(a) In general \nFor purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. (b) Definitions \nFor purposes of this section— (1) Small employer \n(A) In general \nThe term small employer means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. (B) Employers not in existence in preceding year \nIn the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. (C) Special rules \n(i) Controlled groups \nFor purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (ii) Predecessors \nAny reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (2) Qualified water conservation property \nThe term qualified water conservation property has the meaning given to such term by section 36(c)(2). (c) Special rules \nFor purposes of this section— (1) In general \nRules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. (2) Coordination with certain credits \n(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). (B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. (3) Denial of double benefit \nNo deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. (4) Election not to claim credit \nThis section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. (d) Basis adjustment \nFor purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.", "id": "HC2C54F99250543F997DA38490084BC28", "header": "Commercial water conservation credit" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Radioprotectant Procurement Act of 2004.", "id": "H9965335E828549EDA3FC5F9617DDE743", "header": "Short title" }, { "text": "2. Findings \nCongress finds as follows: (1) The threat of a radiological or nuclear attack on the American people is one of the greatest potential threats now faced by the United States, considering the potential number of deaths, injuries, illnesses and economic devastation such an attack on American civilians or military personnel could have. (2) There are at least 30,000 known nuclear weapons deployed around the world today and the proliferation of nuclear weapons technology continues to pose an enormous threat to the United States, its people, and its interests and allies around the world. (3) Even a crude radiological weapon, using conventional explosives combined with widely available radiological materials, could cause death, radiation sickness, and widespread panic and economic hardship if detonated in an urban center of the United States, and such an attack would dramatically strain our public health resources. (4) Numerous government and private studies, including the findings of several leading medical journals, have concluded that a nuclear weapon detonated in a large urban center would cause widespread death, sickness, and physical and economic damage. For example, in February 2002, the British Medical Journal estimated that a 12.5 kiloton nuclear bomb (approximately the size of the bomb used at Hiroshima), if detonated in New York City, would cause 50,000 immediate deaths, 200,000 short-term deaths from high-exposure radiation injury, and 700,000 cases of radiation sickness. (5) There are 103 nuclear power plants in the United States, each with the potential to expose area residents to high levels of radiation in the event of a successful attack. (6) For potentially stockpiled radioprotectants to be most effective, they must be administered soon after exposure to radiation, so the procurement of a radioprotectant must be large enough and located in enough regions of the country to facilitate the rapid treatment of the hundreds of thousands and potentially millions of Americans who would be exposed to radiation, as well as the many worried well who will flood emergency rooms should a nuclear or radiological attack or large accident occur. (7) Considering the need to rapidly administer a radioprotectant, Federal procurement of an effective radioprotectant should be comparable to stockpiles of other drugs designed to counter the effects of chemical or biological agents. (8) Current treatment options for acute radiation exposure are wholly inadequate, with potassium iodide being the only widely stockpiled countermeasure currently available. This treatment protects against the long-term risk of thyroid cancer, and does nothing to counteract short-term radiation sickness and possible death within the first 30 days of exposure. (9) Effective medical countermeasures to both acute and long-term exposure of radiation are presently in development at the Armed Forces Radiobiology Research Institute (AFRRI) and among pharmaceutical companies, including at least one compound that has demonstrated efficacy in preventing radiation sickness and death caused by the destruction of bone marrow from acute radiation exposure. (10) While the Departments of Health and Human Services, Homeland Security, and Defense are appropriately dedicating substantial resources to the development and procurement of countermeasures to biological threats, including smallpox and anthrax vaccines, few resources to date have been dedicated to bring to market and procure an effective, whole-body radioprotectant. (11) In enacting the Homeland Security Act of 2002, it was and is the intent of Congress that the development and procurement of radiological and nuclear countermeasures be given full and appropriate consideration and dedication of resources.", "id": "H07756BDC333042D6B2A7991500AD7D59", "header": "Findings" }, { "text": "3. Amendment to the Homeland Security Act of 2002 \nSection 304 of the Homeland Security Act of 2002 ( 6 U.S.C. 184 ; Public Law 107–296 ) is amended by adding at the end the following subsection: (d) Development and procurement of radiation medical countermeasures \nFor the purpose of rapidly developing, bringing to market, and procuring whole-body radioprotectants, the Secretaries of Health and Human Services, Homeland Security, and Defense shall utilize and expend such funds as may be necessary, including funds appropriated by Congress, and not otherwise prohibited from being used for such purpose, under the appropriations headings Public Health Programs , Strategic National Stockpile , Nuclear and Radiological Countermeasures , Biodefense Countermeasures , Research, Development, Acquisition and Operations , Biological Countermeasures , and Chem-Bio Defense Initiative , as well as relevant departmental and subagency operations budgets, subject to the appropriations Act involved..", "id": "H5F03C61D086A4201A80764604638B352", "header": "Amendment to the Homeland Security Act of 2002" }, { "text": "4. Report regarding effective radioprotectants; development and procurement \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security (referred to in this section as the Secretary ) shall, in consultation with the Secretary of Health and Human Services and the Secretary of Defense, submit to the Congress a report providing a determination by the Secretary of— (1) the extent to which there is a threat of a nuclear or radiological attack against the United States; and (2) the availability of effective radioprotectant medical countermeasures against the threat. (b) Development and procurement \n(1) In general \nIf in carrying out subsection (a) the Secretary determines that one or more effective radioprotectants are currently available, or may become available within a reasonable amount of time, then not later than 90 days after the submission of the report under such subsection, the Secretary shall enter into one or more agreements with one or more private companies for the development and procurement of one or more effective, safe, stable, and low-cost radioprotectants, subject to the availability of funds under an appropriations Act. (2) Adequate Protection \nAn agreement under paragraph (1) shall provide for the procurement and stockpiling of enough dose regimens of the radioprotectants involved to provide for adequate protection of the people of the United States, including adequate response to a multi-location attack scenario, if in carrying out subsection (a) the Secretary determines that such a scenario is plausible. (3) Certain authorities \n(A) Development \nWith respect to an agreement under paragraph (1) that provides funds for the development of a radioprotectant, the Secretary may use the same authorities as are described in subsections (b) through (e) of section 319F–1 of the Public Health Service Act. (B) Procurement \nWith respect to an agreement under paragraph (1) that provides funds for the procurement of a radioprotectant, the Secretary may use the same authorities as are described in section 319F–2(c)(7) of the Public Health Service Act. (C) Conditions \nAn agreement under paragraph (1) may contain such reasonable conditions in addition to the conditions required in paragraph (2) as the Secretary determines to be appropriate, including— (i) the condition that the final procurement be contingent upon approval of the radioprotectants by the Food and Drug Administration, subject to section 564 of the Federal Food, Drug, and Cosmetic Act; and (ii) the condition that the company or companies that produce such radioprotectants may be required to assume the development costs of improvements to the radioprotectants.", "id": "H0B7D3049A93341469E13D7A44152CF", "header": "Report regarding effective radioprotectants; development and procurement" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Community Options for Regulatory Equity Act of 2004.", "id": "H4099EBA33B154E3484E35EF879C49EA", "header": "Short title" }, { "text": "2. Exemption for nonprofit small public water systems respecting naturally occurring contaminants \nThe Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ) is amended by inserting after section 1416 the following: 1416A. Exemption for nonprofit small public water systems respecting naturally occurring contaminants \n(a) Exemption \nA State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. (b) Request \nTo seek an exemption under this section, a nonprofit small public water system— (1) shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and (2) shall include in such request a finding under subsection (c). (c) Economic feasibility \n(1) Finding \nTo seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible. (2) No review \nA finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review. (d) Definitions \nIn this section: (1) The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes). (2) The term small public water system means a public water system serving 10,000 or fewer persons..", "id": "H63C1EC6401ED4639BA137B00B11A1F6", "header": "Exemption for nonprofit small public water systems respecting naturally occurring contaminants" }, { "text": "1416A. Exemption for nonprofit small public water systems respecting naturally occurring contaminants \n(a) Exemption \nA State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. (b) Request \nTo seek an exemption under this section, a nonprofit small public water system— (1) shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and (2) shall include in such request a finding under subsection (c). (c) Economic feasibility \n(1) Finding \nTo seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible. (2) No review \nA finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review. (d) Definitions \nIn this section: (1) The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes). (2) The term small public water system means a public water system serving 10,000 or fewer persons.", "id": "H5AB4F542233B448E9F441DF783788638", "header": "Exemption for nonprofit small public water systems respecting naturally occurring contaminants" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Restoring Democracy to the U.S. Congress Act of 2004.", "id": "H092FE18DD84D46F0BDC20B325C69F1B", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds that, while the United States is endeavoring to bring democracy to countries such as Iraq and Afghanistan, recent events in the Congress have battered the pillars of our democratic system here at home within the world’s greatest deliberative body. (b) Purpose \nThe purpose of this Act is to stop this loss of democracy here at home and prevent further occurrences of recent injustices including— (1) barring Members appointed to conference committees from attending meetings of those committees; (2) calling the Capitol Police to forcibly remove Members from legislative meetings; (3) extending the time limit on recorded votes from minutes to hours to alter the outcome; (4) attaching special-interest amendments to conference reports that have not been the subject of hearings or votes in either House or contained in the underlying legislation as passed either House; (5) redrawing congressional districts for partisan political gains in between censuses; (6) requiring Members to vote on legislation that has not been circulated or read; (7) allegedly offering a bribe on the House floor; (8) allegedly stealing confidential documents from a committee’s computer server; and (9) spending committee funds to pay for mass mail communications to individual Members’ districts.", "id": "H25E99DAECC6A4B6E803868DD848575A2", "header": "Findings and purpose" }, { "text": "3. Time limit on roll call votes \nThe last sentence of clause 2(a) of rule XX of the House of Representatives is amended by inserting and, except by unanimous consent or mutual agreement of the majority and minority leaders, the maximum time shall be 17 minutes before the period at the end.", "id": "HACA22D2B5CEB480CA45B37491091CCE8", "header": "Time limit on roll call votes" }, { "text": "4. Actual voting required in conference committee meetings \nClause 8(a) of rule XXII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) It shall not be in order to consider a conference report unless the senior manager from the majority party on the part of the House as so designated for that purpose by the majority leader and the senior manager from the minority party on the part of the House as so designated for that purpose by the minority leader include in the statement of managers accompanying such conference report a signed statement that all House managers have been afforded an opportunity at a meeting of the committee on conference to vote on all amendments and other propositions considered by that committee..", "id": "HDC18B58866D84257B800D7A29DCAC932", "header": "Actual voting required in conference committee meetings" }, { "text": "5. Germaneness requirement for conference reports may not be waived \nClause 6(c) of rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) a rule or order that would prevent a Member from making a point of order against nongermane matter in a conference agreement pursuant to clause 9 of rule XXII..", "id": "HBDACF5EB5C254D0E9C1B7B9EBFAF253E", "header": "Germaneness requirement for conference reports may not be waived" }, { "text": "6. Removal of Members from committee meetings \nClause 3 of rule II of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: (g) The duty to forcibly remove a Member, Delegate, or Resident Commissioner from any committee meeting room shall reside exclusively with the Sergeant-at-Arms and such removal may only be executed at the request of any other such individual..", "id": "HA32CC3B654BC4D0680906066C0BB8DF6", "header": "Removal of Members from committee meetings" }, { "text": "7. Limit on redistricting after an apportionment of Representatives \nThe Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State that has been redistricted in the manner provided by the law thereof after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 ( 2 U.S.C. 2a ), may not be so redistricted until after the next apportionment of Representatives under such section 22(a), unless the State is ordered by a Federal court to conduct such subsequent redistricting in order to comply with the Constitution of the United States or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. )..", "id": "HDC03D621FD81453CB255FF1317C73D1", "header": "Limit on redistricting after an apportionment of Representatives" }, { "text": "8. Availability of legislation on the Internet \nClause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period at the end of subparagraph (2) and inserting a semicolon and by adding at the end the following new subparagraph: (3) a rule or order eliminating the reading in full of any bill, resolution, conference report, or amendment unless such measure is available to all Members and made available to the general public by means of the Internet for at least 24 hours before its consideration..", "id": "HFB9F346B687F46EEBB39940262CBE1C9", "header": "Availability of legislation on the Internet" }, { "text": "9. Bribery prohibited on House floor \nThe Congress hereby reiterates that the bribery of a Member of Congress on the floor of the House of Representatives or the Senate is a violation of section 201 (bribery of public officials and witnesses) of title 18, United States Code, and should be prosecuted whenever it occurs.", "id": "HEA85858D8C1A4F0282B4F8919F91FC74", "header": "Bribery prohibited on House floor" }, { "text": "10. Hacking into other Members’ computer files prohibited \nCongress hereby reiterates that accessing a computer of a Member of Congress without authorization or exceeding authorized access is a violation of section 1030 (fraud and related activity in connection with computers) of title 18, United States Code, and should be prosecuted whenever it occurs.", "id": "H106812C86FDA437DBADFA5FD6DF4DC8B", "header": "Hacking into other Members’ computer files prohibited" }, { "text": "11. Cap on Mailing Expenses of Committees \nRule X of the Rules of the House of Representatives is amended by adding at the end the following new clause: 12. No Committee may expend more than $25,000 for mailing expenses during a session of Congress..", "id": "H57C0D4580B7C46EF987FD1C81E396E29", "header": "Cap on Mailing Expenses of Committees" }, { "text": "12. Requiring at least one-third of Committee budget to be provided to minority \nRule X of the Rules of the House of Representatives, as amended by section 11, is further amended by adding at the end the following new clause: 13. Of the total amounts provided to any Committee for its expenses (including expenses for staff) during a session of Congress, 1/3 of such amount, or such greater percentage as may be agreed to by the chair and ranking minority member of the Committee, shall be expended at the direction of the ranking minority member..", "id": "HABF1C22FAD1E42DC923ED57328A59F8C", "header": "Requiring at least one-third of Committee budget to be provided to minority" }, { "text": "13. Exercise of rulemaking powers \nThe provisions of this Act are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.", "id": "H2669665B7579446CAD6C9BA7E2A0D016", "header": " Exercise of rulemaking powers" } ]

[ { "text": "1. Repeal of continued dumping and subsidy offset \n(a) Repeal \nSection 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), and the item relating to section 754 in the table of contents for title VII of that Act, are repealed. (b) Existing accounts \nAll amounts remaining, upon the enactment of this Act, in any special account established under section 754(e)(1) of the Tariff Act of 1930 (as in effect on the day before the date of the enactment of this Act) shall be deposited in the general fund of the Treasury.", "id": "H6E43230909A142C7BE3D2E08954B00AA", "header": "Repeal of continued dumping and subsidy offset" } ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) Thurgood Marshall, the grandson of a slave, was born in Baltimore, Maryland on July 2, 1908. (2) In his youth, Thurgood Marshall developed an interest in the Constitution and the rule of law. (3) Despite graduating from Lincoln University in Pennsylvania in 1930 with honors, Thurgood Marshall was denied acceptance at the all-white University of Maryland Law School because he was an African American. (4) Thurgood Marshall instead attended law school at Howard University, the country’s most prominent black university, and graduated first in his class in 1933. (5) From 1940 to 1961, Thurgood Marshall served as the legal director of the National Association for the Advancement of Colored People (NAACP). (6) Beginning with the case of Chambers v. Florida in 1940, Thurgood Marshall argued 32 cases before the Supreme Court and won 29 of them, earning more Supreme Court victories than any other individual. (7) Under the leadership of Thurgood Marshall, the NAACP fought to abolish segregation in schools and challenged laws that discriminated against African Americans. (8) In 1954, Thurgood Marshall argued Brown v. Board of Education before the Supreme Court, a case which resulted in the famous decision that declared racial segregation in public schools unconstitutional, overturning the 1896 decision in Plessy v. Ferguson. (9) In 1961, President John F. Kennedy appointed Thurgood Marshall to the United States Court of Appeals for the 2nd Circuit despite heavy opposition from many southern Senators. (10) Thurgood Marshall served on the United States Court of Appeals for the 2nd Circuit from 1961-1965, during which time he wrote 112 opinions, none of which was overturned on appeal. (11) In 1965, President Lyndon Johnson appointed Thurgood Marshall to the position of Solicitor General, a post he held from 1965-1967. (12) In 1967, President Johnson appointed Thurgood Marshall as the first African American Justice to serve on the Supreme Court. (13) During the 24 years he served on the Supreme Court, Thurgood Marshall promoted affirmative action and sought protection for the rights of all Americans, continuing to support integration but also championing the rights of women, children, prisoners, and the homeless. (14) Thurgood Marshall died on January 24, 1993 at the age of 84.", "id": "HFD23F00041F64203BCDEDEDD10506099", "header": "Findings" }, { "text": "2. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to the family of Thurgood Marshall, in recognition of the contributions of Thurgood Marshall to the Nation. (b) Design and striking \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.", "id": "HDEEF31F32AD0478D884659B208DE0878", "header": "Congressional gold medal" }, { "text": "3. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.", "id": "HEB5DC162FCD643F0B6D0F6804128006E", "header": "Duplicate medals" }, { "text": "4. Status of medals \n(a) National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HB7ACD5F6EFB14F188E5627D85D5E95B0", "header": "Status of medals" }, { "text": "5. Authority to use fund amounts; proceeds of sale \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HB29EF98F334B41FDB8F200757784005C", "header": "Authority to use fund amounts; proceeds of sale" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Clean Airport Bus Act of 2003.", "id": "H0FED7B0F3E064DB183A7F1D96893A468", "header": "Short title" }, { "text": "2. Establishment of pilot program \n(a) Establishment \nThe Secretary of Transportation shall establish a pilot program for awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs under this section. (b) Requirements \nNot later than 3 months after the date of enactment of this Act, the Secretary shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on management, transfer, and ultimate disposition of buses, including certification requirements to ensure compliance with this Act. (c) Solicitation \nNot later than 6 months after the date of enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible recipients \nA grant shall be awarded under this section only to a public agency responsible for bus service at a public airport. (e) Types of Grants \n(1) In general \nGrants under this section may be for the purposes described in paragraph (2), paragraph (3), or both. (2) Replacement bus grants \nA grant under this section may be used for the acquisition of replacement buses pursuant to subsection (f). (3) Fleet expansion bus grants \nA grant under this section may be used for the acquisition of not more than 10 buses to expand a fleet of airport buses at any single airport. (f) Replacement Bus Grants \n(1) Replacement \nFor each bus acquired under a replacement bus grant, 1 older model year bus shall be retired from active service and crushed as provided in paragraph (2). (2) Bus acquisition \nBuses acquired under a replacement bus grant shall be acquired in the following order: (A) First, new buses will replace buses manufactured before model year 1977, and the older buses replaced shall be crushed. (B) If all buses manufactured before model year 1977 owned or operated by the grant recipient have been replaced, additional new buses will replace diesel-powered buses manufactured before model year 1991, which shall either— (i) be crushed; or (ii) be exchanged by the grant recipient for buses manufactured before model year 1977 from another bus fleet, with that bus then being crushed. Exchanges made under subparagraph (B)(ii) shall be made without profit or other economic benefit to the grant recipient. (3) Priority of grant applications \nThe Secretary shall give priority to awarding grants to applicants emphasizing the replacement of buses manufactured before model year 1977. (g) Conditions of grant \nA grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the airport bus fleet for which the grant was made for a minimum of 5 years. (2) Funds provided under the grant may only be used— (A) to pay the cost, except as provided in paragraph (3), of new natural gas airport buses, including State taxes and contract fees; and (B) to provide— (i) up to 10 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) The grant recipient shall be required to provide— (A) in the case of a replacement bus acquired as described in subsection (f)(2)(A) to replace a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; (B) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(ii) to replace a diesel-powered bus manufactured before model year 1991 for exchange for a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; and (C) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(i) to replace a diesel-powered bus manufactured before model year 1991, 25 percent of the total cost of the bus, but not more than $25,000. (h) Buses \nFunding under a grant made under this section may be used to acquire only new airport buses— (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine; (3) that emit not more than— (A) for buses manufactured in model years 2001 and 2002, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2003 through 2006, 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and.01 grams per brake horsepower-hour of particulate matter; and (4) that are powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (i) Deployment and distribution \nThe Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of natural gas airport buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year.", "id": "HEE5ABC5288FE4E45A63399089E5D5700", "header": "Establishment of pilot program" }, { "text": "3. Fuel cell bus development and demonstration program \n(a) Establishment of program \nThe Secretary of Transportation shall establish a program for entering into cooperative agreements with private sector fuel cell bus developers for the development of fuel cell-powered airport buses, and subsequently with not less than 2 public agencies using natural gas-powered airport buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered airport buses. (b) Cost Sharing \nThe non-Federal contribution for activities funded under this section shall be not less than— (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Funding \nNo more than $25,000,000 of the amounts authorized under section 5 may be used for carrying out this section for the period encompassing fiscal years 2004 through 2008. (d) Reports to Congress \n(1) Initial report \nNot later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report that— (A) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered airport buses; and (B) assesses the results of the development and demonstration program under this section. (2) Updated report \nNot later than October 1, 2006, the Secretary shall transmit to Congress a updated version of the report transmitted under paragraph (1).", "id": "H5C113814E56F496F8CAF3C3F6C20D1E8", "header": "Fuel cell bus development and demonstration program" }, { "text": "4. Definitions \nIn this Act, the following definitions apply: (1) Airport bus \nThe term airport bus means a bus operated by a public agency to provide transportation between the facilities of a public airport. (2) Public airport \nThe term public airport has the meaning such term has under section 47102 of title 49, United States Code.", "id": "HFDFDB76AE5304C2B85F6A1E267741B2", "header": "Definitions" }, { "text": "5. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for carrying out this Act— (1) $40,000,000 for fiscal year 2004; (2) $50,000,000 for fiscal year 2005; (3) $60,000,000 for fiscal year 2006; (4) $70,000,000 for fiscal year 2007; and (5) $80,000,000 for fiscal year 2008.", "id": "HA86209BD8656470FA32CEE7B00FA008E", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Home Fire Safety Act.", "id": "H52ECE5397BB143519109EBFC34E5E5E", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress makes the following findings: (1) There were 12,800 candle fires in 1998, resulting in 170 deaths, 1,200 civilian injuries, and $174,600,000 in property damage. (2) In 1998, mattress and bedding fires caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (3) The United States mattress industry has a long history of working closely with safety officials to reduce mattress flammability. For the past 25 years, mattresses have been subject to a Federal flammability standard that requires mattresses to resist ignition by smoldering cigarettes. (4) Nevertheless, in 1998, fires involving mattresses and bedding accessories (which include pillows, comforters, and bedspreads) caused 410 deaths, 2,260 civilian injuries, and $255,400,000 in property damage. (5) In many such fires, the bedding accessories are the first products to ignite. Such products have a material impact on the fire’s intensity, duration, and the risk that the fire will spread beyond the room of origin. (6) Upholstered furniture fires were responsible for 520 deaths in 1998, with little statistical change in the number of fires and deaths since 1994. (7) While the fire death rates for upholstered furniture fires have dropped during the period 1982 through 1994 for both California and the entire Nation, death rates in California, which has stricter standards, have dropped by a larger percentage than the nation as a whole. (8) Children, the elderly, and lower income families are at higher risk of death and injury from upholstered furniture fires caused primarily by the increasing incidents of children playing with matches, candles, lighters, or other small open flames. (9) In view of the increased incidents of fire, it is important for Congress to establish fire safety standards for candles, mattresses, bed clothing, and upholstered furniture. (10) The Consumer Product Safety Commission is the appropriate agency to develop and enforce such standards. (11) The Environmental Protection Agency should continue to review and determine the suitability of any materials used to meet any fire safety standard established as a result of this Act. (b) Purposes \nThe purposes of this Act are— (1) to protect the public against death and injury from fires associated with candles, mattresses, bed clothing, and upholstered furniture; and (2) to require the Consumer Product Safety Commission to develop and issue comprehensive uniform safety standards to reduce the flammability of candles, mattresses, bed clothing, and upholstered furniture.", "id": "HA56514CC04CE44BDB0D169D42CDD2287", "header": "Findings and purposes" }, { "text": "3. Consumer product fire safety standards \n(a) In general \nWithin 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, as final consumer product safety standards under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ), the following fire safety standards: (1) Upholstered furniture \nA fire safety standard for upholstered furniture that is substantially the same as the provisions of Technical Bulletin 117, Requirements, Test Procedure and Apparatus for Testing the Flame and Smolder Resistance of Upholstered Furniture , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2002. (2) Mattresses \nA fire safety standard for mattresses that is substantially the same as Technical Bulletin 603, Requirements and Test Procedure for Resistance of a Residential Mattress/Box Spring Set to a Large Open Flame , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, February 2003. (3) Bedclothing \nA fire safety standard for bedclothing that is substantially the same as the October 22, 2003, draft for task force review of Technical Bulletin 604, Test Procedure and Apparatus for the Flame Resistance of Filled Bedclothing , published by the State of California, Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation, October, 2003. (4) Candles \nA fire safety standard for candles that is substantially the same as Provisional Standard PS 59-02, Provisional Specification for Fire Safety for Candles , ASTM International, as that provisional standard existed on the date of enactment of this Act. (b) Application of certain promulgation requirements \nThe requirements of subsections (a) through (f) of section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ), and section 36 of that Act ( 15 U.S.C. 2083 ), do not apply to the consumer product safety standards required to be promulgated by subsection (a) of this section.", "id": "H9519FFB63A8C4C538921026111F2AD91", "header": "Consumer product fire safety standards" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sand Creek Massacre National Historic Site Trust Act of 2004.", "id": "H3553A3F5823A4F579839F6C93140024", "header": "Short title" }, { "text": "2. Declaration of policy \nTo further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465), this Act authorizes the United States to take certain land in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Tribes of Oklahoma, into trust.", "id": "H68A61C86FDFC43A9B6002000C9C414DF", "header": "Declaration of policy" }, { "text": "3. Definitions \nIn this Act: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Tribe \nThe term Tribe means the Cheyenne and Arapaho Tribes of Oklahoma, a federally recognized Indian tribe. (3) Trust property \nThe term trust property means the property described in section 4(b).", "id": "HA4E627B0BE954702AEC0B28EF4DED734", "header": "Definitions" }, { "text": "4. Transfer of land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma \n(a) Land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma \n(1) Conveyance \nNot later than 180 days after the date of enactment of this Act, the Tribe shall convey title to the trust property to the United States. (2) Trust \nAll right, title, and interest of the United States in and to the trust property, including all improvement on the trust property and appurtenances to the trust property and rights to all minerals, are declared to be held by the United States in trust for the Tribe. (b) Land description \nThe trust property is the property formerly known as the Dawson Ranch , consisting of approximately 1,465 total acres presently under the jurisdiction of the Tribe, situated within Kiowa County, Colorado, and more particularly described as follows: (1) The portion of sec. 24, T. 17 S., R. 46 W., Colorado Principal Meridian, that is the Eastern half of the NW quarter, the SW quarter of the NE quarter, the NW quarter of the SE quarter, Colorado Principal Meridian. (2) All of sec. 25, T. 17 S., R. 46 W., Colorado Principal Meridian. (3) All of sec. 30, T. 17 S., R. 45 W., Colorado Principal Meridian.", "id": "H0D41320ADB034513AFA9B8757EC8EBE7", "header": "Transfer of land held in trust for the Cheyenne and Arapaho Tribes of Oklahoma" }, { "text": "5. Survey of boundary line; publication of description \n(a) Survey of boundary line \nTo accurately establish the boundary of the trust property, the Secretary shall, not later than 180 days after the date of enactment of this Act, cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines described in section 4(b). (b) Publication of land description \n(1) In general \nOn completion of the survey under subsection (a), and acceptance of the survey by the representatives of the Tribe, the Secretary shall cause the full metes and bounds description of the lines, with a full and accurate description of the trust property, to be published in the Federal Register. (2) Effect \nThe descriptions shall, on publication, constitute the official descriptions of the trust property.", "id": "HEF70AED00207467D8C00ECB7B8C6E9F", "header": "Survey of boundary line; publication of description" }, { "text": "6. Administration of trust property \n(a) In general \nThe trust property is declared to be part of the Indian reservation of the Tribe. (b) Administration \nThe trust property shall be administered in perpetuity by the Secretary in accordance with the law generally applicable to property held in trust by the United States for the benefit of Indian tribes and in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106–465).", "id": "H120C2A168DAD424A008C1DA99CD30096", "header": "Administration of trust property" }, { "text": "7. Religious and cultural uses \n(a) In general \nThe trust property shall be used only for historic, religious, or cultural uses that are compatible with the use of the land as a national historic site. (b) Duty of the Secretary \nThe Secretary shall take such action as is necessary to ensure that the trust property is used only in accordance with this section.", "id": "HFB171BE2F0804A11B70065BF6848888", "header": "Religious and cultural uses" } ]

[ { "text": "1. Negotiation and disclosure of lowest possible prices for prescription drugs under medicare \nSection 1860D–11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Negotiation and disclosure of best prices \n(1) Negotiation \nIn order to ensure that beneficiaries enrolled under prescription drug plans and MA–PD plans pay the lowest possible price, the Secretary shall have and exercise authority similar to that of the Secretary of Veterans Affairs, the Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. In exercising such authority, the Secretary shall negotiate the best possible prices for such drugs. (2) Disclosure \nThe Secretary shall widely disseminate information on the prices for covered part D drugs negotiated under paragraph (1)..", "id": "H8AA5AD3E69B644B2AF1E9EA5627F447D", "header": "Negotiation and disclosure of lowest possible prices for prescription drugs under medicare" } ]

[ { "text": "1. Perry B. Duryea, Jr. Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 73 South Euclid Avenue in Montauk, New York, shall be known and designated as the Perry B. Duryea, Jr. Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Perry B. Duryea, Jr. Post Office.", "id": "H8495CBD005BC416C9B8C60A6F6184100", "header": "Perry B. Duryea, Jr. Post Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Intelligence Authorization Act for Fiscal Year 2005.", "id": "HA8007530133C4BE89EA3AE7070DBAB27", "header": "Short title" }, { "text": "101. Authorization of appropriations \nFunds are hereby authorized to be appropriated for fiscal year 2005 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Department of Justice. (10) The Federal Bureau of Investigation. (11) The National Reconnaissance Office. (12) The National Geospatial-Intelligence Agency. (13) The Coast Guard. (14) The Department of Homeland Security.", "id": "HDFCB15AF885B47D8A19407084E12B398", "header": "Authorization of appropriations" }, { "text": "102. Classified Schedule of Authorizations \n(a) Specifications of amounts and personnel ceilings \nThe amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2005, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. ____ of the One Hundred Eighth Congress. (b) Availability of classified Schedule of Authorizations \nThe Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.", "id": "H090C10FB0B5B4C05A9A31335F23BC351", "header": "Classified Schedule of Authorizations" }, { "text": "103. Personnel ceiling adjustments \n(a) Authority for adjustments \nWith the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2005 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions. (b) Notice to intelligence committees \nThe Director of Central Intelligence shall notify promptly the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives whenever the Director exercises the authority granted by this section.", "id": "H386E04466AEF4DBA83B517D44DC2B3E7", "header": "Personnel ceiling adjustments" }, { "text": "104. Intelligence Community Management Account \n(a) Authorization of appropriations \nThere is authorized to be appropriated for the Intelligence Community Management Account of the Director of Central Intelligence for fiscal year 2005 the sum of $_____. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2006. (b) Authorized personnel levels \nThe elements within the Intelligence Community Management Account of the Director of Central Intelligence are authorized __ full-time personnel as of September 30, 2005. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government. (c) Classified authorizations \n(1) Authorization of appropriations \nIn addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2005 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2006. (2) Authorization of personnel \nIn addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2005, there are also authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations. (d) Reimbursement \nExcept as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2005 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.", "id": "HE272DAAB3AF3493CA9C200B7F9FB38A9", "header": "Intelligence Community Management Account" }, { "text": "201. Authorization of appropriations \nThere is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2005 the sum of $_____.", "id": "H78B6CE3BF06A45E781003995BAED639D", "header": "Authorization of appropriations" }, { "text": "301. Increase in employee compensation and benefits authorized by law \nAppropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.", "id": "HAC64C13AFD1C4A67B638ACCC2183AED5", "header": "Increase in employee compensation and benefits authorized by law" }, { "text": "302. Restriction on conduct of intelligence activities \nThe authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.", "id": "HCB94A1CF5E7243729270EF428898DC9", "header": "Restriction on conduct of intelligence activities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Stem Cell Research Enhancement Act of 2004.", "id": "H7FAE2B024818497E9997BB5685CA1E77", "header": "Short title" }, { "text": "2. Human embryonic stem cell research \nPart H of title IV of the Public Health Service Act ( 42 U.S.C. 289 et seq. ) is amended by inserting after section 498C the following: 498D. Human embryonic stem cell research \n(a) In general \nNotwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements \nThe Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines \nNot later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination \nIn determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements \nThe Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section..", "id": "HE19F6047FE1144AB008364E54D56239B", "header": "Human embryonic stem cell research" }, { "text": "498D. Human embryonic stem cell research \n(a) In general \nNotwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section. (b) Requirements \nThe Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded. (3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines \nNot later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section. (d) Determination \nIn determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c). (e) Reporting requirements \nThe Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.", "id": "HEA5F3B98D4E94EDC86AC48236116B313", "header": "Human embryonic stem cell research" } ]

[ { "text": "1. Permanent resident status for Zhuljeta Zhegra \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Zhuljeta Zhegra 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 Zhuljeta Zhegra 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 Zhuljeta Zhegra, 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 Zhuljeta Zhegra shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H8B5F875E9CA345BD870015A8DE15FAFD", "header": "Permanent resident status for Zhuljeta Zhegra" } ]

[ { "text": "1. Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005 \n(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 5 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account. (b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act. (c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "HADAB455689494E8984DC679D6EA7FC4E", "header": "Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Housing Community Service Incentive Act.", "id": "H0FB89FF85E00473B89C4364E2FD05489", "header": "Short title" }, { "text": "2. Community service \n(a) Community service \nSection 12 of the United States Housing Act of 1937 ( 42 U.S.C. 1437j ) is amended by striking subsection (c) and inserting the following new subsection: (c) Community service \n(1) In general \nEach adult resident of a public housing project who performs 8 hours per month of community service (not including political activities) within the community in which that adult resides shall receive priority consideration for participation in any economic self-sufficiency programs sponsored by the public housing agency that administers the public housing project in which the adult resides. (2) Geographic location \nCommunity service at a location not owned by the public housing agency shall qualify as community service for purposes of paragraph (1)..", "id": "H22C495E67F0941B08DD6001355C1BE77", "header": "Community service" } ]

[ { "text": "1. Lands to be held in trust \nSection 902(b) of the California Indian Land Transfer Act ( Public Law 106–568 ; 114 Stat. 2921) is amended— (1) by striking 3,525.8 and inserting 3,765.8 ; and (2) by adding at the end the following: (9) Utu utu gwaitu paiute tribe \nLands to be held in trust for the Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation are comprised of the approximately 240 acres described as follows: Mount Diablo Base and Meridian, Township 2 South, Range 31 East Section 11: SE ½ and E ½ of SW ¼..", "id": "H406747ABAEB146658CFDA086EAAFD7F0", "header": "Lands to be held in trust" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Iraqi Women and Children’s Liberation Act of 2004.", "id": "HEBAAE2C4AD7F432C980057FCF8E8DD6", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) For more than 600 years under the Ottoman Empire, women in Iraq were kept inside their homes, repressed, and forbidden to be seen in public without a related male escort. (2) The Sevres Treaty of 1919, following World War I, installed a new monarchy in Iraq under which education for boys and girls flourished. (3) Within a span of 20 years, 6 centuries of repression of women in Iraq was reversed. Thousands of women in Iraq became lawyers, physicians, educators, teachers, professors, engineers, prominent writers, artists, and poets, demonstrating the impact of progressive policies on the ability of women in Iraq to achieve. (4) In 1941, women in Iraq earned equal wages for equal jobs, an achievement still not duplicated in most parts of the world. (5) On July 14, 1958, the monarchy in Iraq was overthrown by General Abdul-Karim Kasim, who enfranchised women in Iraq with political rights. (6) In 1959, Iraq became the first country in the Middle East to have a female minister, four female judges, prominent scientists, politicians, and freedom fighters. (7) The 1959 Code of Personal Status secularized the multi-ethnic state of Iraq. Women enjoyed political and economic rights, successfully participating in the workforce as well as advancing in the political sphere. Women had the right to receive an education and work outside the home. Women were career military officers, oil-project designers, and construction supervisors, and had government jobs in education, medicine, accounting, and general administration. (8) The Code of Personal Status also granted women extensive legal protections. It gave women the right to vote and granted equal status to men and women under the law. It prohibited marriage by persons under the age of 18 years, arbitrary divorce, and male favoritism in child custody and property inheritance disputes. (9) The regime of Saddam Hussein regularly used rape and sexual violation of women to control information and suppress opposition in Iraq and tortured and killed female dissidents and female relatives of male dissidents. (10) The Department of State has reported that more than 200 women in Iraq were beheaded by units of Fedayeen Saddaam , a paramilitary organization headed by Uday Hussein. (11) After the 1990 invasion of Kuwait, the regime of Saddam Hussein imposed policies that resulted in severe economic hardship, discrimination, impoverishment, and oppression of women in Iraq. Many women were prevented from working. Presently, women comprise as much as 65 percent of the population of Iraq, but only 19 percent of the workforce. (12) Men who killed female relatives in honor killings were protected from prosecution for murder under Article 111 of the Iraqi Penal Code enacted in 1990. The United Nations Special Rapporteur on Violence Against Women has reported that since the enactment of that article, more than 4,000 women were killed for tarnishing the honor of their families, with the killings occurring by a range of methods that included stoning. (13) Maternal mortality is the leading cause of death among women of reproductive age in Iraq, and it continues to rise due to lack of basic health care. The maternal mortality rate in Iraq is 292 deaths per 100,000 live births compared with a maternal mortality rate in the United States of 8 deaths per 100,000 live births. 90 percent of the maternal deaths in Iraq are identified as preventable. (14) More than 48 percent of the population of Iraq is under the age of 18 years. 1 in 4 children of the age of 5 years or younger is chronically malnourished. 1 in 8 children dies before the age of 5 years, the highest rate of mortality among children under that age in the region. Some estimate the total rate of child mortality in Iraq to be as high as 13 percent. (15) Girls and women in Iraq have meager educational opportunities relative to the opportunities available to men and boys in Iraq, and twice as many boys as girls in Iraq attend school. 29 percent of females attend secondary school as compared with 47 percent of males. The illiteracy rate in Iraq is the highest in the Arab world at 61 percent for the general population, 77 percent for women, and 45 percent for men. (16) Press accounts indicate that many women in Iraq are being pressured to adhere to strict Islamic codes that restrict their mobility and impinge on their human rights. (17) Security for women in Iraq is an issue of grave concern. Women are afraid to leave their homes or to send their daughters to school. (18) Women in leadership positions in Iraq are vulnerable to attack. 1 of the 3 women on the Iraqi Governing Council was assassinated, and another has a $2,000,000 bounty on her head. (19) Women from the autonomous Kurdish region travel freely, hold important jobs and political positions, and perform a key role in the revival of the areas of Iraq that have been under Kurdish control. The integration of women in the economic and political spheres of the region provides a contrast to the rest of Iraq and serves as an example of what is possible in Iraq. (20) According to the 2003 Arab Human Development Report of the United Nations, pervasive exclusion of women from the political, economic, and social spheres hampers development and growth in Arab countries. (21) Ambassador L. Paul Bremer, the Presidential Envoy to Iraq, has voiced his support of women in Iraq in stating that [w]e in the coalition are committed to continuing to promote women’s rights in Iraq.. (22) Women have participated in planning for Iraq’s political future in the following way: (A) 3 out of 25 people on the Iraqi Governing Council are women. (B) 1 of the government ministries is led by a woman. 16 of the 25 deputy minister positions are held by women. (C) 15 of the 1,000 nationally-appointed judges are women. (23) Resolution 137 was adopted in a closed session (sponsored by conservative Shiite members) on December 29, 2003, with the intent of reversing family law. The adoption of that resolution threatened negative impacts on the rights of women to education, employment, mobility, property inheritance, divorce, and child custody. (24) Ambassador Bremer, who has veto power, stated that he would not sign Resolution 137 into law. (25) The Iraqi Governing Council revoked Resolution 137 on February 27, 2004, in part due to pressure from women’s groups. However some members of the Governing Council walked out to protest this action. (26) The Transitional Administrative Law (TAL) that establishes the framework for the interim government of Iraq was officially signed on March 8, 2004. It aims to achieve a goal of having women constitute not less than 25 percent of the members of Iraq’s interim legislature. It does not express a goal for a representation rate for women in the executive or judicial branch of the interim government. It also provides that Sharia, the Islamic law, can be a source, but not the only source, of Iraqi law. (27) United States officials propose to turn over political power to Iraqis on June 30, 2004. Some factions have already voiced strong objection to the TAL and could press ahead with their goal of making Sharia the supreme law of Iraq.", "id": "HD0C535307BD14EFF8BD89C7C8D1662BF", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the United States should ensure that women and children in Iraq benefit from the liberation of Iraq from the regime of Saddam Hussein; (2) women of all ethnic groups in Iraq should be included in the economic and political reconstruction of Iraq; (3) women should be involved in the drafting and review of the key legal instruments, especially the constitution, of the emerging nation in Iraq in order to ensure that the transition to that nation does not involve or facilitate the erosion of the rights of women in Iraq; (4) women should have membership in any legislature or other committee, body, or structure convened to advance the reconstruction of Iraq that builds on the goal provided for in the Transitional Administrative Law; (5) women should have a similar level of representation in leadership posts in all levels of government in Iraq, including ministers and judges, whether local or national, and women should be integrated in all levels of political process in Iraq, especially the building of political parties; (6) the presence of women on the Iraqi Governing Council should better represent the percentage of women in the general population of Iraq; (7) the participation and contribution of women to the economy of Iraq should be fostered by awarding contracts and sub-contracts to women and women-led businesses and by ensuring the availability of credit for women; (8) continued emphasis and support should be granted to grass-roots organization and civil society building in Iraq, with special emphasis on organizing, mobilizing, educating, training, and building the capacities of women and ensuring the incorporation of their voices in decision-making in Iraq; (9) the security needs of women in Iraq should be addressed and special emphasis placed on recruiting and training women for the police force in Iraq; and (10) the Government of Iraq should adhere to internationally accepted standards on human rights and rights of women and children.", "id": "HD6329BF0BA534860B9FF261E42199C17", "header": "Sense of Congress" }, { "text": "4. Authorization of assistance \n(a) Education and health care assistance for women and children \nThe President is authorized to provide education and health care assistance for the women and children living in Iraq and to women and children of Iraq who are refugees in other countries. (b) Enhancement of political participation, economic empowerment, civil society, and personal security of women \nThe President is authorized to provide assistance for the enhancement of political participation, economic empowerment, civil society, and personal security of women in Iraq. (c) Sense of Congress on provision of authorized assistance \nIt is the sense of Congress that the President should ensure that assistance is provided under subsections (a) and (b) in a manner that protects and promotes the human rights of all people in Iraq, utilizing indigenous institutions and nongovernmental organizations, especially women’s organizations, to the extent possible. (d) Sense of Congress on promotion of human rights in provision of assistance to Government of Iraq \nIn providing assistance to the government of Iraq, the President should ensure that such assistance is conditioned on the government of Iraq making continued progress toward internationally accepted standards of human rights and the rights of women. (e) Reports \nNot later than 6 months after the date of the enactment of this Act, and every 6 months thereafter during the 3-year period beginning on such date, the Secretary of State shall submit to the appropriate congressional committees a report that sets forth the following: (1) A comprehensive description and assessment of the conditions and status of women and children in Iraq as of the date of the report, including a description of any changes in such conditions and status during the 6-month period ending on such date. (2) A statement of the number of women and children of Iraq who are in refugee camps throughout the Middle East as of the date of such report, a description of their conditions as of such date, and a description of any changes in such conditions during the 6-month period ending on such the date. (3) A statement of the expenditures of the United States Government during the 6-month period ending on the date of such report to promote the education, health, security, human rights, opportunities for employment, judicial and civil society involvement and political participation of women in Iraq. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committees on Appropriations and Foreign Relations of the Senate; and (2) the Committees on Appropriations and International Relations of the House of Representatives.", "id": "H05269723A32A49F6A3F6C800626F5F23", "header": "Authorization of assistance" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Michigan \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Michigan \nNo part of the MSA is in Michigan..", "id": "HE799241851F74783AC37AFF3D6F8810", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Michigan" } ]

[ { "text": "1. Glyoxylic acid \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 Glyoxylic acid (provided for in subheading 2918.30.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Glyoxylic acid" } ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Nursing Home Fire Safety Act of 2004. (b) Findings \nCongress finds the following: (1) On February 26, 2003, a fire at a Hartford, Connecticut, nursing facility without an automatic fire sprinkler system claimed the lives of 16 patients. (2) On September 27, 2003, a fire at a Nashville, Tennessee, nursing facility without an automatic fire sprinkler system claimed the lives of 15 patients. (3) The National Fire Protection Association finds no record of a multiple death fire in a nursing facility equipped with an automatic fire sprinkler system. (4) An estimated 1.5 million of the nation’s elderly population reside in nursing facilities. (5) The Centers for Medicare and Medicaid Services estimates that of the approximate 17,000 nursing facilities nationwide, about 25 percent do not have an automatic fire sprinkler system. (6) Many State governments lack requirements for their nursing facilities that were not originally equipped with automatic fire sprinkler systems to be retrofitted with such systems. (7) Automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire.", "id": "H05A569FA1AED4A50B1B0379B5E67225E", "header": "Short title; findings" }, { "text": "2. Requiring automatic fire sprinkler systems in medicare and medicaid funded nursing facilities \n(a) Requirement for medicare skilled nursing facilities \n(1) In general \nSection 1819(d)(2) of the Social Security Act ( 42 U.S.C. 1395i–3(d)(2) ) is amended— (A) in subparagraph (B), by inserting , subject to subparagraph (C) after except that ; and (B) by adding at the end the following new subparagraph: (C) Automatic fire sprinkler system \n(i) In general \nA skilled nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association’s Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize. (ii) Period for compliance and disclosure of compliance for current facilities \nIn the case of a skilled nursing facility that is providing extended care services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date— (I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and (II) the facility shall provide for public disclosure, in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). (iii) Treatment of earlier state deadline \nNothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for skilled nursing facilities that is earlier than the deadline specified by the Secretary under such clause.. (2) Reimbursement of additional costs \nSection 1888(e) of such Act ( 42 U.S.C. 1395yy(e) ) is amended— (A) in paragraph (1) by striking and (12) and inserting (12), and (13) ; and (B) by adding at the end the following new paragraph: (13) Additional amount to amortize for costs of installing automatic fire sprinkler system \n(A) In general \nIn the case of a skilled nursing facility that, as of a date that is on or after September 11, 2003, is participating in the program under this title, is not participating in the program under title XIX, and does not have installed an automatic fire sprinkler system that met the requirements described in section 1819(d)(2)(C), and which subsequently incurs expenses in order to meet such requirements, in addition to any other payments made to the facility under this subsection, there shall be paid, in an amortized manner over a five year period, an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the amount of any payment made before October 1, 2004, under this title or title XIX that is directly attributable (such as through depreciation) to such expenses. Such payments shall be made by the Secretary in such form and manner as the Secretary shall specify and based upon the presentation of such information as the Secretary requires. (B) No effect on other payments \nThe additional payment under subparagraph (A) shall not affect the amount of any other payment made under this subsection and the incurred expenses described in subparagraph (A) shall not be taken into account in making any other payments to a facility under this title.. (b) Requirement for medicaid nursing facilities \n(1) In general \nSection 1919(d)(2) of the Social Security Act ( 42 U.S.C. 1396r(d)(2) ) is amended— (A) in subparagraph (B), by inserting , subject to subparagraph (C) after except that ; and (B) by adding at the end the following new subparagraph: (C) Automatic fire sprinkler system \n(i) In general \nA nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association’s Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize. (ii) Period for compliance and disclosure of compliance for current facilities \nIn the case of a nursing facility that is providing nursing facility services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date— (I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and (II) the facility shall provide for public disclosure, in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). (iii) Treatment of earlier state deadline \nNothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for nursing facilities that is earlier than the deadline specified by the Secretary under such clause.. (2) Reimbursement of additional costs \nSection 1902(a)(13)(A) of such Act ( 42 U.S.C. 1396a(a)(13)(A) ) is amended— (A) by striking and at the end of clause (iii); (B) by striking ; and at the end of clause (iv) and inserting , and ; and (C) by adding at the end the following new clause: (v) in the case of nursing facility services furnished by a nursing facility that, as of a date that is on or after September 11, 2003, is participating in the program under this title but does not have installed an automatic fire sprinkler system that met the requirements described in section 1919(d)(2)(C), and that subsequently incurs expenses in order to meet such requirements, such rates shall provide for the payment, in an amortized manner over a five year period and in addition to the payment amounts otherwise provided, of an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the payment amounts under this title or title XVIII made before October 1, 2004, that are directly attributable (such as through depreciation) to such expenses, and the payment rates otherwise provided shall not take into account such costs incurred in meeting such requirements; and. (3) Full federal payment \n(A) In general \nThe third sentence of section 1905 of such Act ( 42 U.S.C. 1396d ) is amended by inserting before the period at the end the following: and with respect to amounts expended as medical assistance in providing the payment amounts required under section 1902(a)(13)(A)(v). (B) Conforming amendment to apply to territories \nSection 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (i) in subsection (f), by striking subsection (g) and inserting subsections (g) and (h) ; and (ii) by adding at the end the following new subsection: (h) Exception for payment for automatic fire sprinkler systems \nThe limitations on payments under subsection (f) shall not apply to payments that are attributable to payments for medical assistance for expenditures made under section 1902(a)(13)(A)(v).. (c) Reduction in tax basis \nSection 1016(a) of the Internal Revenue Code of 1986 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) in the case of property with respect to which any payment is made under section 1888(e)(13) or 1902(a)(13)(A)(v) of the Social Security Act, by reducing the basis of such property by the amount of such payment.. (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (a)(2) and (b)(2) shall apply to payments to facilities for periods beginning on or after October 1, 2004, regardless of whether the payments are for expenses incurred before, on, or after such date.", "id": "H16ABD07E7801410AA1B0749F033DFB1E", "header": "Requiring automatic fire sprinkler systems in medicare and medicaid funded nursing facilities" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004.", "id": "HAF7B6FBC922344C49E06FFD594D3424D", "header": "Short title" }, { "text": "2. Findings and Purpose \n(a) Findings \nCongress finds the following: (1) Obstetric fistula is a devastating condition that occurs during childbirth when prolonged pressure of the baby’s head against the mother’s pelvis can lead to the child’s death as well as cut off the blood supply of the tissues surrounding the woman’s vagina, bladder, or rectum, causing those tissues to deteriorate, and thus leaving an open hole, or fistula. (2) Obstetric fistula can be excruciatingly painful and often causes a woman to lose control of her bowel movements. (3) To date, an estimated 2,000,000 cases of obstetric fistula have been reported worldwide—mostly in Africa among women who are very young, delivering their first child, lacking proper nutrition and maternity care, and living in rural areas. (4) The actual number of women who have obstetric fistula may actually be much higher due to a lack of adequate reporting. For example, an additional estimate contends that in Nigeria alone, approximately 1,000,000 women suffer from obstetric fistula. (5) It is estimated that 50,000 to 100,000 new cases of obstetric fistula occur each year, mostly involving women under the age of 20. (6) Women who suffer from obstetric fistula may also suffer from social isolation because they are often abandoned by their husbands, families, and employers. (7) Women who suffer from obstetric fistula may also suffer severe emotional stress from their condition and social isolation that is often magnified by the death of their child during labor. (8) Obstetric fistula can be prevented through increased access by women to emergency obstetrical care, a postponement of sexual activity and childbearing past the teenage years, and increased training for birth attendants in local communities. (9) Obstetric fistula can also be treated through a relatively minor surgical procedure that is 90 percent effective and which can cost as little as $150. (10) A large percentage of women who suffer from obstetric fistula are unaware that treatment exists and may spend their entire lives suffering from this condition needlessly. (11) Unfortunately, there are few treatment centers or hospitals with the capacity to treat obstetric fistula in developing countries, particularly countries in Africa, and demand for services and surgery far exceed the supply. (12) Currently the United States Agency for International Development provides assistance for programs that target prevention of obstetric fistula but not programs that target treatment of obstetric fistula. (13) Tens of thousands of women in developing countries suffering from obstetric fistula could be successfully treated if adequate resources were devoted to this objective. (b) Purpose \nThe purpose of this Act is to ensure that, in addition to the prevention of obstetric fistula, treatment of obstetric fistula is an important priority of United States bilateral foreign assistance programs, including through— (1) the establishment and expansion of the capacity to treat obstetric fistula in developing countries, including through the provision of surgery and post-surgery care; and (2) the reduction of the incidence of obstetric fistula in developing countries, including through the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters.", "id": "H91C4CD11715D4F3995DBA87196EB077", "header": "Findings and Purpose" }, { "text": "3. Definition \nIn this Act, the term obstetric fistula means a rupture or hole in tissues surround a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention.", "id": "H9252CE01F561493D8D08EB04625EE8B3", "header": "Definition" }, { "text": "4. Amendments to the Foreign Assistance Act of 1961 \nSection 104(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b(c) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the treatment of obstetric fistula at appropriate sites in developing countries. (B) In selecting sites for the establishment of centers pursuant to subparagraph (A), the President should seek the consultation and advice of United States embassy officials, appropriate nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa. (C) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, carry out the following activities: (i) The provision of surgery to repair obstetric fistula in women who do not otherwise have the resources to pay for such surgery and the provision of necessary post-surgery care and support for such women. (ii) Assistance related to surgery and post-surgery care and support described in clause (i), including the provision of transportation to and from the center for women in need of such transportation and the provision of necessary temporary shelter and food assistance to women in need of such shelter and food assistance. (iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. (D) Not later than January 31 of each year, the President shall prepare and transmit to Congress a report on the implementation of this paragraph for the prior fiscal year. (E) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $35,000,000 for each of the fiscal years 2005 and 2006 to carry out this paragraph. Amounts appropriated under this clause are authorized to remain available until expended. (F) In this paragraph, the term obstetric fistula means a rupture or hole in tissues surrounding a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention..", "id": "H45361BB2DBDB4808BC74FAF85053D38E", "header": "Amendments to the Foreign Assistance Act of 1961" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Methamphetamine Remediation Act of 2004.", "id": "H80A1C5A4D7CC45679E1126ABC8A6C7D", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Methamphetamine use and production is growing rapidly throughout the United States. (2) Materials and residues remaining from the production of methamphetamine pose novel environmental problems in locations where methamphetamine laboratories have been closed. (3) There has been little standardization of measures for determining when the site of a closed methamphetamine laboratory has been successfully remediated. (4) Initial clean-up actions are generally limited to removal of hazardous substances and contaminated materials that pose an immediate threat to public health or the environment. It is not uncommon for significant levels of contamination to be found throughout residential structures after a methamphetamine laboratory has closed. (5) Data on methamphetamine laboratory-related contaminants of concern are very limited, and clean-up standards do not currently exist. In addition, the applicability of procedures commonly used for sampling and analysis of contaminants at traditional hazardous release sites to investigations at residences contaminated by methamphetamine production is not well understood. (6) Many States are struggling with establishing remediation guidelines and programs to address the rapidly expanding number of methamphetamine laboratories being closed each year.", "id": "H992412380D9342478B0183EDAF7E68FE", "header": "Findings" }, { "text": "3. Environmental remediation research and standardization \n(a) Research Program \nThe Environmental Protection Agency shall establish a research program to— (1) identify methamphetamine laboratory-related chemicals of concern; and (2) support the development of standards to determine when a former methamphetamine laboratory is safe for human habitation. (b) Model Guidelines and Procedures \nThe Environmental Protection Agency, in consultation with the National Institute of Standards and Technology, shall establish, not later than 6 months after the date of enactment of this Act, practical and cost-effective model guidelines and procedures for— (1) preliminary site assessment criteria for former methamphetamine laboratories, including development of a sample and analysis plan that incorporates quality assurance and quality control principles; and (2) clean-up and remediation.", "id": "H1CCBF4E4361D47B9A7D35F5085180013", "header": "Environmental remediation research and standardization" }, { "text": "4. Methamphetamine detection research and development program \nThe National Institute of Standards and Technology shall support a research program to develop— (1) new methamphetamine detection technologies, with emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.", "id": "H573AE55A419948369CE7E885DB70600", "header": "Methamphetamine detection research and development program" }, { "text": "5. Public disclosure of former methamphetamine laboratories \nNot later than 6 months after the date of enactment of this Act, the Drug Enforcement Agency shall make available to the public, through a regularly updated internet-accessible database, a listing of all methamphetamine laboratories that have undergone clean-up treatment under the Drug Enforcement Agency’s Clandestine Drug Laboratory Clean-up Program.", "id": "H8C16257AD54D494AA952004B89D1F362", "header": "Public disclosure of former methamphetamine laboratories" }, { "text": "6. Residual effects study \nNot later than 90 days after the date of enactment of this Act, the Environmental Protection Agency shall enter into an arrangement with the National Academy of Sciences for a study on the residual effects of methamphetamine laboratories on residents of buildings where such laboratories are located, with particular emphasis given to health effects on children.", "id": "HBD6217F09E2642A9B502EC5E7CE9478B", "header": "Residual effects study" }, { "text": "7. Social costs report \nThe National Science Foundation shall enter into an arrangement with the National Academy of Sciences for a report on the societal costs of methamphetamine production and abuse. This report shall include a cost/benefit analysis comparing human impairment, child services, incarceration, and environmental costs of methamphetamine production and abuse to a proactive program to reduce methamphetamine production and abuse which includes a comprehensive treatment component.", "id": "H750B6C99FF8F43628BB384D50900ADFE", "header": "Social costs report" } ]

[ { "text": "1. Use of Governmentwide commercial purchase card \n(a) Amendment of FAR \nNot later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to require the head of each executive agency to— (1) seek commercial, volume, or other discounts for purchases made with the Governmentwide commercial purchase card; (2) use procurement mechanisms other than purchase cards, including contracts, to the extent appropriate to maximize cost savings; and (3) systematically collect and analyze data on use of the Governmentwide commercial purchase card, including by vendor, in sufficient detail to identify opportunities to achieve savings. (b) GAO Reports \nNot later than 90 days after the end of each of the first 5 complete fiscal years following the revision of the Federal Acquisition Regulation under subsection (a), the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report that— (1) in the case of the first report— (A) describes the status and content of the revisions required under subsection (a), and any resulting agency policies and procedures; and (B) includes a determination of whether the information collected under subsection (a)(3) is sufficient to identify opportunities to achieve savings; and (2) in the case of each subsequent report, describes— (A) executive branch progress in improving data collection on Governmentwide commercial purchase card use; (B) executive branch progress in seeking discounts or entering into agreements that provide for reduced prices; and (C) savings achieved through the use of discounts or other procurement mechanisms. (c) Provision of Information to GAO \nThe Administrator for Federal Procurement Policy shall direct the head of each executive agency to provide to the Comptroller General such information as the Comptroller General considers necessary to implement the requirements of subsection (b).", "id": "H4BEDEA06341E4865B9BDA6C49B63B22C", "header": "Use of Governmentwide commercial purchase card" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Safeguarding Schoolchildren of Deployed Soldiers Act of 2004.", "id": "H8523B427932744CF9CC05C052EBF01C", "header": "Short title" }, { "text": "2. Relief for schoolchildren changing residence based on military service of parent \n(a) Uninterrupted attendance at school \nTitle VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new section: 707. Attendance at school of children with parents in military service \n(a) Attendance for schoolchildren \nFor the duration of the military service on which a child’s change of residence is based and at the request of a child’s parent, a State educational agency or local educational agency shall, for purposes of enrollment (including tuition, fees, and costs) in elementary or secondary school, treat a child who changes residence based on the military service of one or both of the child’s parents as if the child has the residence the child had before the change of residence, and the child shall be deemed, for all other purposes relating to enrollment, to have the residence the child had before the change of residence. (b) No provision of transportation \nNo State educational agency or local educational agency shall be responsible for the transportation of a child described in subsection (a) to or from school by reason of subsection (a). (c) Definitions \nIn this section, the terms child , elementary school , local educational agency , parent , secondary school , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).. (b) Transitional provision \nNot later than 30 days after the date of the enactment of this Act, a State educational agency or local educational agency that serves the area where a child is deemed to reside pursuant to section 707(a) of the Servicemembers Civil Relief Act, as added by subsection (a), shall facilitate the re-enrollment of the child if such re-enrollment is necessary to be in compliance with such section. (c) Clerical amendment \nThe table of contents in section 1(b) of the Servicemembers Civil Relief Act is amended by adding at the end the following new item: 707. Attendance at school of children with parents in military service.", "id": "H6F119FAD1D644A53845321004598BB8", "header": "Relief for schoolchildren changing residence based on military service of parent" }, { "text": "707. Attendance at school of children with parents in military service \n(a) Attendance for schoolchildren \nFor the duration of the military service on which a child’s change of residence is based and at the request of a child’s parent, a State educational agency or local educational agency shall, for purposes of enrollment (including tuition, fees, and costs) in elementary or secondary school, treat a child who changes residence based on the military service of one or both of the child’s parents as if the child has the residence the child had before the change of residence, and the child shall be deemed, for all other purposes relating to enrollment, to have the residence the child had before the change of residence. (b) No provision of transportation \nNo State educational agency or local educational agency shall be responsible for the transportation of a child described in subsection (a) to or from school by reason of subsection (a). (c) Definitions \nIn this section, the terms child , elementary school , local educational agency , parent , secondary school , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "HAB699EEB94B746DCA69FB1BA9AB9E46", "header": "Attendance at school of children with parents in military service" } ]

[ { "text": "1. Short title \nThis Act may be cited as the American Schools Abroad Support Act.", "id": "H03787DECE05C489C89989738B14C24D9", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in other countries. (2) These American-sponsored schools serve 99,318 students, of whom 27,412 are United States citizens. (3) Twenty of these American-sponsored schools—serving 10,907 students—are located in the Near East and South Asia region, and other American-sponsored schools are located in countries with significant Muslim populations in Africa, Central Asia, and East Asia. (4) American-sponsored schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills. (5) In response to growing anti-American sentiment in Arab and other predominantly Muslim countries, the United States has placed a renewed emphasis on public diplomacy programs, with education at the elementary, secondary, and university levels representing an important part of that effort. (6) Education is a key element of the efforts of the United States to promote political, economic, and social reform in Arab and predominantly Muslim countries, and is one of the main components of the Middle East Partnership Initiative. (7) As active, vibrant institutions, American-sponsored schools play a vital role in their local communities, and help advance public diplomacy interests of the United States. (8) The Department of State currently provides funds to American-sponsored schools amounting only, on average, to between one and two percent of their annual operating expenses. (9) The United States has an interest in increasing the level of financial support provided to American-sponsored schools in Arab and predominantly Muslim countries, in order to— (A) increase the number of students in such countries who attend such schools; and (B) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States. (10) The United States has an interest in increasing the number of students in Arab and predominately Muslim countries who attend American-sponsored schools beyond those from affluent families who are able to afford the cost of tuition, to include children from lower- and middle-income families who otherwise might not be able to afford to attend such schools. (11) Many American-sponsored schools have the capacity to increase the number of students who attend such schools. (12) The Department of State has legal authority under the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ) (commonly referred to as the Fulbright-Hays Act) to provide increased financial support for American-sponsored schools.", "id": "H66D2C8C2D90541BB94AA7F5F71A5C3B7", "header": "Findings" }, { "text": "3. Sense of Congress \nIt is the sense of Congress that, based on the findings contained in section 2, additional funds should be made available to American-sponsored schools in Arab and predominately Muslim countries to provide full or partial merit-based scholarships to children from lower- and middle-income families of such countries to attend such schools.", "id": "HA0B59B74B17B4F4C9EED43692309E74E", "header": "Sense of Congress" }, { "text": "4. Grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide scholarships to students \n(a) Grants authorized \nThe Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools. (b) Determination of eligible students \nFor purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located. (c) Restriction on use of funds \nAmounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office. (d) Authorization of appropriations \nThere are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).", "id": "H09BF3ED308D9412B866B5E4DCFE2E3A4", "header": "Grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide scholarships to students" } ]

[ { "text": "1. Pigment Yellow 180 \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: 9902.34.51 Pigment Yellow 180 (CAS No. 77804–81–0) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H7B4E46CB72B64B7CA150C24EB7AA428C", "header": "Pigment Yellow 180" } ]

[ { "text": "1. Evan Asa Ashcraft Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 23055 Sherman Way in West Hills, California, shall be known and designated as the Evan Asa Ashcraft 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 Evan Asa Ashcraft Post Office Building.", "id": "H1FB544DC75CE4440B426D9447B573D4F", "header": "Evan Asa Ashcraft Post Office Building" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the United States-Israel Homeland Security Foundation Act.", "id": "HC7C1B45CAB60416D93860910E1ECC718", "header": "Short Title" }, { "text": "2. Findings \nCongress finds the following: (1) The development and implementation of technology is a crucial component of combating terrorism and implementing homeland security strategies. (2) Israel and Israeli industries have extensive experience with matters pertaining to homeland security generally and anti-terrorism specifically, including expertise in the fields of border integrity, transportation security, first responder equipment, and civil defense planning. (3) The United States and Israel have an extensive history of working cooperatively and successfully to assist with the development of agricultural, defense, telecommunications, and other technologies mutually beneficial to each country, as exemplified by the success of the Binational Industrial Research and Development Foundation, commonly referred to as the BIRD Foundation. (4) Initiated in 1977 as a grant program funded in equal parts by the governments of the United States and Israel in support of joint United States-Israeli business ventures, the BIRD Foundation has invested $180 million in 600 projects over the past 27 years and has realized $7 billion in sales and the development of a number of important technologies. (5) The establishment of a similar bi-national foundation, or the expansion of the BIRD Foundation, to support the development of technologies and services applicable to homeland security would be beneficial to the security of the United States and Israel and would strengthen the economic ties between the two countries.", "id": "H787B8BA3774748029E213F337F0483E2", "header": "Findings" }, { "text": "3. United States-Israel Homeland Security Foundation \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after section 307 ( 6 U.S.C. 187 ) the following new section: 307A United States-Israel Homeland Security Foundation and Grant Program \n(a) Establishment and purpose \n(1) Establishment authorized \nThe Secretary may establish a United States-Israel Homeland Security Foundation (in this section referred to as the Foundation ), for the purpose of awarding conditional grants to joint business ventures between United States and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. (2) Administration \nThe Secretary shall administer the grant program through the Directorate of Science and Technology. (b) Eligible entities \nTo be eligible to receive a grant under this section, an applicant shall— (1) be a joint venture consisting of United States and Israeli private corporate entities; (2) be in the process of developing a product or service determined by the Secretary to have applications related to homeland security; and (3) demonstrate to the satisfaction of the Secretary a capability to develop, manufacture, sell, and support the product or service. (c) Application \nAn eligible entity may apply for a grant under this section by submitting to the Secretary an application at such time and in such manner as the Secretary may require and containing the following information: (1) An identification of the entity that is applying for the grant. (2) The activities that the entity anticipates will be funded by the award of a grant. (3) The services or products the entity anticipates will be made available, either commercially or otherwise, as a result of an award of a grant. (4) A detailed capital budget for the proposed project, including the manner in which the grant funds will be allocated and expended. (5) Such other information as the Secretary may require. (d) Amount of grant \nA grant under this section may not exceed 50 percent of the total proposed cost for the development, manufacture, and provision of the product or service of the applicant described in the application. (e) Grant repayment \nA grant recipient shall repay the grant to the Foundation as the Secretary may reasonably require. Grant repayments may not exceed more than 150 percent of the grant awarded, adjusted for inflation in accordance with the Consumer Price Index. (f) Advisory board \n(1) Representatives \nAdministration of the Foundation shall include an advisory board comprised of public and private sector representatives. (2) Membership of advisory board \n(A) United States membership \nMembership to the advisory board shall include the Director of the Homeland Security Advanced Research Projects Agency and the Director of International Affairs of the Department of Homeland Security. (B) Israeli membership \nThe Secretary shall extend an invitation to the relevant Israeli government officials for their participation on the advisory board. (g) Foundation funding \nSubject to subsection (i), if the Secretary decides to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to administer the Foundation. (h) Alternative mechanism to support homeland security products and services \nSubject to subsection (i), if the Secretary decides not to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint United States-Israeli business ventures for projects related to homeland security. (i) Shared endowment \nAny expenditure by the United States under this section shall be equal to the expenditure by Israel for the same purpose..", "id": "H00FBECF4310E48FCAAB700A51F715C93", "header": "United States-Israel Homeland Security Foundation" }, { "text": "307A United States-Israel Homeland Security Foundation and Grant Program \n(a) Establishment and purpose \n(1) Establishment authorized \nThe Secretary may establish a United States-Israel Homeland Security Foundation (in this section referred to as the Foundation ), for the purpose of awarding conditional grants to joint business ventures between United States and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. (2) Administration \nThe Secretary shall administer the grant program through the Directorate of Science and Technology. (b) Eligible entities \nTo be eligible to receive a grant under this section, an applicant shall— (1) be a joint venture consisting of United States and Israeli private corporate entities; (2) be in the process of developing a product or service determined by the Secretary to have applications related to homeland security; and (3) demonstrate to the satisfaction of the Secretary a capability to develop, manufacture, sell, and support the product or service. (c) Application \nAn eligible entity may apply for a grant under this section by submitting to the Secretary an application at such time and in such manner as the Secretary may require and containing the following information: (1) An identification of the entity that is applying for the grant. (2) The activities that the entity anticipates will be funded by the award of a grant. (3) The services or products the entity anticipates will be made available, either commercially or otherwise, as a result of an award of a grant. (4) A detailed capital budget for the proposed project, including the manner in which the grant funds will be allocated and expended. (5) Such other information as the Secretary may require. (d) Amount of grant \nA grant under this section may not exceed 50 percent of the total proposed cost for the development, manufacture, and provision of the product or service of the applicant described in the application. (e) Grant repayment \nA grant recipient shall repay the grant to the Foundation as the Secretary may reasonably require. Grant repayments may not exceed more than 150 percent of the grant awarded, adjusted for inflation in accordance with the Consumer Price Index. (f) Advisory board \n(1) Representatives \nAdministration of the Foundation shall include an advisory board comprised of public and private sector representatives. (2) Membership of advisory board \n(A) United States membership \nMembership to the advisory board shall include the Director of the Homeland Security Advanced Research Projects Agency and the Director of International Affairs of the Department of Homeland Security. (B) Israeli membership \nThe Secretary shall extend an invitation to the relevant Israeli government officials for their participation on the advisory board. (g) Foundation funding \nSubject to subsection (i), if the Secretary decides to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to administer the Foundation. (h) Alternative mechanism to support homeland security products and services \nSubject to subsection (i), if the Secretary decides not to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint United States-Israeli business ventures for projects related to homeland security. (i) Shared endowment \nAny expenditure by the United States under this section shall be equal to the expenditure by Israel for the same purpose.", "id": "HE15BB1E96D404250905FBEA2FD1AE87", "header": "United States-Israel Homeland Security Foundation and Grant Program" } ]

[ { "text": "1. Extension of National Commission on Terrorist Attacks on the United States \n(a) Extension \nSection 610(b) of the Intelligence Authorization Act for Fiscal Year 2003 ( Public Law 107–306 ; 6 U.S.C. 101 note; 116 Stat 2413) is amended by striking 18 months after the date of the enactment of this Act and inserting January 10, 2005. (b) Additional funding \nSection 611 of such Act ( 6 U.S.C. 101 note; 116 Stat 2413) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection (b): (b) Additional funding from the National Foreign Intelligence Program \nIn addition to the amounts made available to the Commission under subsection (a), of the amounts authorized to be appropriated by the Intelligence Authorization Act for Fiscal Year 2004 ( Public Law 108–177 ) and available in the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 ) for the National Foreign Intelligence Program, not more than $6,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title. ; and (3) in subsection (c), as so redesignated by paragraph (1), by striking subsection (a) and inserting this section.", "id": "H7B45D89AEDFD48618B6BD1CBEFEA49D8", "header": "Extension of National Commission on Terrorist Attacks on the United States" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Re-Entry Enhancement 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 Title I—Grants to encourage successful prisoner re-entry Sec. 101. Reauthorization of adult and juvenile offender State and local re-entry demonstration projects Sec. 102. Improved re-entry procedures for Federal prisoners Sec. 103. Task force on Federal programs and activities relating to reentry of offenders Sec. 104. Offender re-entry research Sec. 105. Use of violent offender truth-in-sentencing Grant funding for demonstration project activities Sec. 106. State and local reentry courts Sec. 107. Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project Title II—Removing barriers to re-entry Sec. 201. Right to vote in Federal elections for nonincarcerated ex-offenders Sec. 202. Prohibition on unwarranted employment discrimination Sec. 203. Increase in Federal work opportunity tax credit Sec. 204. Reform of student financial assistance Sec. 205. Reform of one strike mandatory eviction Sec. 206. Amendment to the Adult Education and Family Literacy Act to remove restriction on amount of funds available for corrections education programs Sec. 207. Clarification of authority to place prisoner in community corrections Sec. 208. Denial of tanf and food stamps for felony conviction for welfare fraud Sec. 209. Reform of provisions that limit family reunification after prison Sec. 210. State medicaid plan requirement to ensure restoration of coverage for eligible individuals upon release from confinement Sec. 211. Reform of supervised release Sec. 212. Grants to study parole violations and revocations Sec. 213. Residential substance abuse treatment programs", "id": "HCB15C17DB02847A38CA5219CB921E497", "header": "Short title; table of contents" }, { "text": "2. Findings \nCongress finds the following: (1) Over 2,000,000 prisoners are now held in Federal and State prisons and local jails. Nearly 925,000 Americans are convicted of felony offenses in the Nation’s courts each year, and some 600,000 are incarcerated as a result. Over 5,600,000 American adults have spent time in a State or Federal prison. If incarceration rates remain unchanged, 6.6 percent of Americans born in 2001 will go to prison at some time during their lifetime. A total of 6,700,000 Americans were under some form of criminal justice supervision by the end of 2002. Over 4,700,000 adult men and women were under Federal, State, or local probation or parole by the end of 2002. Over 650,000 people a year return to their communities following a prison or jail sentence. (2) The successful reintegration of former prisoners is one of the most formidable challenges facing society today. The transition from prison life is inherently difficult, and especially so for individuals who have served a lengthy sentence and received little preparation for life in law-abiding society. A former prisoner may find it difficult to find employment, housing, health care, and public assistance. He or she may be cut off from his or her family and community. (3) As a result of these challenges, nearly two-thirds of released State prisoners are expected to be re-arrested for a felony or serious misdemeanor within three years after release. Such high recidivism rates can be averted through improved prisoner re-entry efforts. (4) In recent years, a number of States and local governments have begun to establish improved systems for reintegrating former prisoners. Under such systems, corrections officials begin to plan for a prisoner’s release while he or she is incarcerated and provide a transition to needed services in the community. (5) Successful re-entry protects those who might otherwise be crime victims. It also improves the likelihood that individuals released from prison or juvenile detention facilities can pay fines, fees, restitution, and family support. (6) According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982 to $44,000,000,000 in 1997. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims. (7) Incarceration results in profound collateral consequences including, but not limited to, barriers to housing, public assistance, family reunification, employment, and voting rights, which results in public health risks, homelessness, unemployment, and disenfranchisement. All of these negative outcomes contribute to increased recidivism. (8) The high prevalence of infectious disease, substance abuse, and mental health disorders that has been found in incarcerated populations demands that a recovery model of treatment should be used for handling the more than two-thirds of all offenders with such needs. (9) One of the most significant costs of prisoner re-entry is the impact on children, the weakened ties among family members, and destabilized communities. The long-term generational effects of a social structure in which imprisonment is the norm and law-abiding role models are absent are difficult to measure but undoubtedly exist. (10) According to the 2001 national data from the Bureau of Justice Statistics, 3,500,000 parents were supervised by the correctional system. Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children. (11) Between 1991 and 1999, the number of children with a parent in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences. (12) Approximately 100,000 juveniles (ages 17 and under) leave juvenile correctional facilities, State prison, or Federal prison each year. Juveniles released from confinement still have their likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. The chances that young people will successfully transition into society improve with effective re-entry and aftercare programs. (13) Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison. (14) The National Institute of Justice has found that after one year of release, up to 60 percent of former inmates are not employed. (15) Fifty-seven percent of Federal and 70 percent of State inmates used drugs regularly before prison, with some estimates of involvement with drugs or alcohol around the time of the offense as high as 84 percent (BJS Trends in State Parole, 1990–2000). (16) According to the Bureau of Justice Statistics, 60 to 83 percent of the Nation’s correctional population have used drugs at some point in their lives. This is twice the estimated drug use of the total United States population of 40 percent. (17) Family-based treatment programs have proven results for serving the special population of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family-based treatment for substance abusing mothers and children found that at six months post treatment, 60 percent of the mothers remain alcohol and drug free, and drug related offenses declined from 28 to 7 percent. Additionally, a 2003 evaluation of residential family based treatment programs revealed that 60 percent of mothers remained clean and sober six months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remain stabilized. (18) A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal and 36 percent of State inmates had participated in residential inpatient treatment programs for alcohol and drug abuse 12 months before their release. Further, over one-third of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem. (19) According to the National Institute of Literacy, 70 percent of all prisoners function at the two lowest literacy levels. (20) The Bureau of Justice Statistics has found that 27 percent of Federal inmates, 40 percent of State inmates, and 47 percent of local jail inmates have never completed high school or its equivalent. Furthermore, the Bureau of Justice Statistics has found that less educated inmates are more likely to be recidivists. Only 1 in 4 local jails offer basic adult education programs. (21) Participation in State correctional education programs lowers the likelihood of reincarceration by 29 percent, according to a recent United States Department of Education study. A Federal Bureau of Prisons study found a 33 percent drop in recidivism among federal prisoners who participated in vocational and apprenticeship training.", "id": "H7FC4BE8C0D154AF990CE93449584534B", "header": "Findings" }, { "text": "101. Reauthorization of adult and juvenile offender State and local re-entry demonstration projects \n(a) Adult and juvenile offender demonstration projects authorized \nSection 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended in subsection (b) by striking paragraphs (1) through (4) and inserting the following new paragraphs: (1) establishing or improving the system or systems under which— (A) the correctional agency of the State or local government develops and carries out plans to facilitate the re-entry into the community of each offender in State or local custody; (B) the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after re-entry into the community; (C) the efforts of various public and private entities to provide supervision and services to offenders after re-entry into the community, and to family members of such offenders, are coordinated; and (D) offenders awaiting re-entry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison; (2) carrying out programs and initiatives by units of local government to strengthen re-entry services for individuals released from local jails; (3) enabling prison mentors of offenders to remain in contact with those offenders, including through the use of such technology as videoconferencing, during incarceration and after re-entry into the community and encouraging the involvement of prison mentors in the re-entry process; (4) providing structured post-release housing and transitional housing, including group homes for recovering substance abusers, through which offenders are provided supervision and services immediately following re-entry into the community; (5) assisting offenders in securing permanent housing upon release or following a stay in transitional housing; (6) providing continuity of health services (including mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases) to offenders in custody and after re-entry into the community; (7) providing offenders with education, job training, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison; (8) facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors to— (A) promote, where appropriate, the employment of people released from prison and jail, through efforts such as educating employers about existing financial incentives and facilitate the creation of job opportunities, including transitional jobs, for this population that will benefit communities; (B) connect inmates to employment, including supportive employment and employment services, before their release to the community; and (C) addressing barriers to employment; (9) assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services; (10) systems under which family members of offenders are involved in facilitating the successful re-entry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family’s capacity as a stable living situation during re-entry where appropriate, and involving family members in the planning and implementation of the re-entry process; (11) programs under which victims are included, on a voluntary basis, in the re-entry process; (12) programs that facilitate visitation and maintenance of family relationships with respect to offenders in custody by addressing obstacles such as travel, telephone costs, mail restrictions, and restrictive visitation policies; (13) identifying and addressing barriers to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of such offenders; (14) implementing programs in correctional agencies to include the collection of information regarding any dependent children of an incarcerated person as part of intake procedures, including the number of children, age, and location or jurisdiction, and connect identified children with appropriate services; (15) addressing barriers to the visitation of children with an incarcerated parent, and maintenance of the parent-child relationship, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies; (16) creating, developing, or enhancing prisoner and family assessments curricula, policies, procedures, or programs (including mentoring programs) to help prisoners with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities as appropriate (or when it is safe to do so) and become mutually respectful, nonabusive parents or partners, under which particular attention is paid to the safety of children affected and the confidentiality concerns of victims, and efforts are coordinated with existing victim service providers; (17) developing programs and activities that support parent-child relationships, such as— (A) using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences; (B) using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families; (C) the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children; (D) the establishment of family days, which provide for longer visitation hours or family activities; or (E) the creation of children’s areas in visitation rooms with parent-child activities; (18) expanding family-based treatment centers that offer family-based comprehensive treatment services for parents and their children as a complete family unit; (19) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (20) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely; (21) developing and implementing procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; (22) developing and implementing procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison; (23) utilizing established assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk; (24) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (25) facilitating and encouraging timely and complete payment of restitution and fines by ex-offenders to victims and the community; (26) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely; (27) establishing or expanding the use of re-entry courts to— (A) monitor offenders returning to the community; (B) provide returning offenders with— (i) drug and alcohol testing and treatment; and (ii) mental and medical health assessment and services; (C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes; (D) provide and coordinate the delivery of other community services to offenders, including— (i) housing assistance; (ii) education; (iii) employment training; (iv) children and family support; (v) conflict resolution skills training; (vi) family violence intervention programs; and (vii) other appropriate social services; and (E) establish and implement graduated sanctions and incentives; and (28) providing technology to advance post release supervision.. (b) Juvenile offender demonstration projects reauthorized \nSuch section is further amended in subsection (c) by striking may be expended for and all that follows through the period at the end and inserting may be expended for any activity referred to in subsection (b).. (c) Applications; priorities; performance measurements \nSuch section is further amended— (1) by redesignating subsection (h) as subsection (o); and (2) by striking subsections (d) through (g) and inserting the following new subsections: (d) Applications \nA State, unit of local government, territory, or Indian tribe desiring a grant under this section shall submit an application to the Attorney General that— (1) contains a re-entry strategic plan, which describes the long-term strategy, and a detailed implementation schedule, including the jurisdiction’s plans to pay for the program after the Federal funding is discontinued; (2) identifies the governmental agencies and community and faith-based organizations that will be coordinated by, and collaborate on, the applicant’s prisoner re-entry strategy and certifies their involvement; and (3) describes the methodology and outcome measures that will be used in evaluating the program. (e) Priority consideration \nThe Attorney General shall give priority to grant applications that best— (1) focus initiative on geographic areas with a substantiated high population of ex-offenders; (2) include partnerships with community-based organizations, including faith-based organizations; (3) provide consultations with crime victims and former incarcerated prisoners and their families; (4) review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release; (5) establish pre-release planning procedures for prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are linked to appropriate community-based organizations; and (6) target high-risk offenders for re-entry programs through validated assessment tools. (f) Condition of funding \nAs a condition of receiving a grant under this section, a State must agree to— (1) establish a process to identify and review existing State laws, regulations, and rules that impose restrictions or occupational disqualifications on people with criminal convictions and to consider modifications of such laws, regulations, and rules to ensure that each such restriction or disqualification bears a substantial relationship to the nature of the conduct that resulted in the criminal conviction; (2) afford members of the public an opportunity to participate in the process described in the preceding paragraph; (3) establish a meaningful and accessible process to enable people with criminal convictions to regain their civil rights and privileges if they have led a law-abiding life following release from prison; (4) review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release; (5) review the State’s correctional policies and expenditures to maximize the use of community-based corrections for non-violent offenders; (6) establish pre-release planning procedures for State prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law; and (7) maintain existing State funding for prisoner re-entry activities. (g) Uses of Grant funds \n(1) Federal share \nThe Federal share of a grant received under this section may not exceed 75 percent of the project funded under the grant, unless the Attorney General— (A) waives, in whole or in part, the requirement of this paragraph; and (B) publicly delineates the rationale for the waiver. (2) Supplement not supplant \nFederal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section. (h) Reentry strategic plan \n(1) As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic re-entry plan that contains measurable annual and 5- to 10-year performance outcomes. The plan shall have as a goal to reduce significantly the rate of recidivism of formerly incarcerated persons within the State over a period of 5 years. (2) In developing re-entry plans under this subsection, applicants shall coordinate with communities and stakeholders, including experts in the fields of public safety, corrections, housing, health, education, employment, and members of community and faith-based organizations that provide re-entry services. (3) Each re-entry plan developed under this subsection shall measure the applicant’s progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities. (i) Reentry Task Force \nAs a condition of receiving financial assistance under this section, each State or local government receiving a grant shall establish a Reentry Task Force or other relevant convening authority to examine ways to pool existing resources and funding streams to promote lower recidivism rates for returning prisoners and to minimize the harmful effects of incarceration on families and communities by collecting data and best practices in offender re-entry from demonstration grantees and other agencies and organizations. The task force or other authority shall be comprised of relevant State or local leaders, agencies, service providers, community-based organizations, or stakeholders. (j) Strategic performance outcomes \n(1) Each applicant shall identify specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism. (2) The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community— (A) recommitment rates; (B) reduction in crime; (C) employment and education; (D) violations of conditions of supervised release; (E) child support; (F) housing; (G) drug and alcohol abuse; and (H) participation in mental health services. (3) States may also report on other activities that increase the success rates of offenders who transition from prison, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation. (4) Applicants should coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicants and with the Department of Justice for assistance with data collection and measurement activities. (5) Each grantee shall submit an annual report to the Department of Justice that— (A) identifies the grantee’s progress toward achieving its strategic performance outcomes; and (B) describes other activities conducted by the grantee to increase the success rates of the re-entry population. (k) Performance measurement \n(1) The Department of Justice shall, in consultation with the States— (A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section; (B) identify sources and methods of data collection in support of performance measurement required under this section; (C) provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; and (D) coordinate with the Substance Abuse and Mental Health Services Administration on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health. (2) The Department of Justice shall coordinate with other Federal agencies to identify national sources of information to support State performance measurement. (l) Future eligibility \nTo be eligible to receive a grant under this section for fiscal years after the first receipt of such a grant, a State shall submit to the Attorney General such information as is necessary to demonstrate that, with respect to the comprehensive strategic re-entry plan developed by the State pursuant to subsection (h)— (1) the public has been afforded an opportunity to provide input in the development of the plan; (2) the plan includes performance measures to assess the State’s progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully into their communities; and (3) the State will coordinate with communities and stakeholders about the selection and implementation of performance outcome measures and with the Department of Justice for assistance with data collection and measurement activities. (m) National Adult and Juvenile Offender Reentry Resource Center \n(1) The Attorney General may, using amounts made available to carry out this subsection, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. (2) An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Federal task force established under the Second Chance Act of 2004 that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in offender re-entry programs, training, and research. (3) The organization receiving the grant shall establish a National Adult and Juvenile Offender Reentry Resource Center to— (A) provide education, training, and technical assistance for States, local governments, service providers, faith based organizations, and corrections institutions; (B) collect data and best practices in offender re-entry from demonstration grantees and others agencies and organizations; (C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; (D) disseminate knowledge to States and other relevant entities about best practices, policy standards, and research findings; (E) develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; (F) develop and implement procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison and those who should receive other penalties based on defined, graduated sanctions; (G) collaborate with the Federal task force established under the Second Chance Act of 2004 and the Federal Resource Center for Children of Prisoners; (H) develop a national research agenda; and (I) bridge the gap between research and practice by translating knowledge from research into practical information. (4) Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection. (n) Administration \nOf amounts made available to carry out this section, not more than 2 percent shall be available for administrative expenses in carrying out this section.. (d) Authorization of appropriations \nSuch section is further amended in paragraph (1) of subsection (o) (as redesignated by subsection (c)) by striking and $16,000,000 for fiscal year 2005 and inserting and $75,000,000 for each of fiscal years 2005 through 2008.", "id": "H822ED4A007DB4B3390E3387F0300AD7", "header": "Reauthorization of adult and juvenile offender State and local re-entry demonstration projects" }, { "text": "102. Improved re-entry procedures for Federal prisoners \n(a) General re-entry procedures \nThe Attorney General shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of persons from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities. (b) Procedures regarding benefits \nThe Director of the Bureau of Prisons shall establish pre-release planning procedures for Federal prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law. (c) Procedures regarding children of incarcerated parents \nThe Director of the Bureau of Prisoners shall— (1) collect information regarding the dependent children of an incarcerated person as part of standard intake procedures, including the number, age, and residence of such children; (2) review all policies, practices, and facilities to ensure that they support the relationship between parent and child; and (3) identify the training needs of staff with respect to the effect of incarceration on children, families, and communities, age-appropriate interactions, and community resources for the families of incarcerated persons.", "id": "H88B7B588F05E4DCABF78E0FDA670B4A1", "header": "Improved re-entry procedures for Federal prisoners" }, { "text": "103. Task force on Federal programs and activities relating to reentry of offenders \n(a) Task force established \nThere is established in the executive branch an interagency task force on Federal programs and activities related to the re-entry of former prisoners into the community. The Attorney General shall chair the task force, whose members shall consist of the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the heads of such other government departments or agencies as the Attorney General deems appropriate. (b) Duties \nThe task force required by subsection (a) shall— (1) identify such programs and activities that may be resulting in overlapping or duplication of services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency; (2) identify methods to improve collaboration and coordination of such programs and activities; (3) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support, treatment, and intervention programs for reentering offenders; (7) identify funding areas that should be coordinated across agencies and any gaps in funding; and (8) identify successful programs currently operating and collect best practices in offender re-entry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, community-based organizations, and others. (c) Report \nNot later than 1 year after the date of the enactment of this Act, the task force established by subsection (a) shall submit to Congress a report on legal barriers to successful prisoner re-entry. The task force shall provide for public input in preparing the report. The report shall identify all such barriers in Federal law and those that are common features of State law, analyze the effect of such barriers on prisoners and their families, and propose modifications to Federal law to ensure that such barriers are narrowly tailored and do not unnecessarily hinder successful prisoner re-entry. Among the issues the report shall address are the following: (1) Policies related to the admission and eviction of former prisoners and their families in public housing programs. (2) Eligibility criteria for Federal benefit programs (including Medicaid, Medicare, Social Security, and Veterans benefits) that limit the ability of former prisoners to obtain eligibility immediately upon release from prison. (3) Eligibility for welfare benefits. (4) The consideration of parental incarceration in terminating parental rights under the Adoption and Safe Families Act of 1997. (5) The ineligibility of prisoners for education loans. (6) Felon disenfranchisement laws. (7) Federal statutory protections against employment discrimination based on criminal record. (d) Annual reports \nOn an annual basis, the task force required by subsection (a) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in subsection (b).", "id": "HAF7557BE977049CE00FD2CEBCC1DF37", "header": "Task force on Federal programs and activities relating to reentry of offenders" }, { "text": "104. Offender re-entry research \n(a) National Institute of Justice \nFrom amounts made available to carry out this Act, the National Institute of Justice shall conduct research on offender re-entry, including— (1) a study identifying the number and characteristics of children who have had a parent incarcerated and the likelihood of these minors becoming involved in the criminal justice system some time in their lifetime; (2) a study identifying a mechanism to compare rates of recidivism (including re-arrest, violations of parole and probation, and re-incarceration) among States; and (3) a study on the population of individuals released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment, family connection) of that population. (b) Bureau of Justice Statistics \nFrom amounts made available to carry out this Act, the Bureau of Justice Statistics may conduct research on offender re-entry, including— (1) an analysis of special populations, including prisoners with mental illness or substance abuse disorders, female offenders, juvenile offenders, and the elderly, that present unique re-entry challenges; (2) studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (3) annual reports on the profile of the population coming out of prisons, jails, and juvenile justice facilities; (4) a national recidivism study every three years; and (5) a study of parole violations and revocations.", "id": "H8E8BDCE2A75B47E99E61638FA09D55AC", "header": "Offender re-entry research" }, { "text": "105. Use of violent offender truth-in-sentencing Grant funding for demonstration project activities \nSection 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13702(a) ) is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) to carry out any activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(b) )..", "id": "H1B1DDE41CC4948239985A912954C97A6", "header": "Use of violent offender truth-in-sentencing Grant funding for demonstration project activities" }, { "text": "106. State and local reentry courts \n(a) In general \nPart FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w et seq. ) is amended by inserting at the end the following: 2979. State and local reentry courts \n(a) Grants authorized \nThe Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entry court. (b) Use of funds \nGrant funds awarded under this section shall be administered in accordance with the guidelines, regulations, and procedures promulgated by the Attorney General, and may be used to— (1) monitor offenders returning to the community; (2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, including— (A) housing assistance; (B) education; (C) employment training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (5) establish and implement graduated sanctions and incentives. (c) Application \nEach eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the program after the Federal funding ends; (2) identifies the governmental and community agencies that will be coordinated by this project; (3) certifies that— (A) there has been appropriate consultation with all affected agencies, including existing community corrections and parole entities; and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement \nThe Federal share of a grant received under this section may not exceed 75 percent of the costs of the project funded under this section unless the Attorney General— (1) waives, wholly or in part, this matching requirement; and (2) publicly delineates the rationale for the waiver. (e) Annual report \nEach grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried out under the grant; (2) an assessment of whether the activities summarized under paragraph (1) are meeting the needs identified in the application submitted under subsection (c); and (3) such other information as the Attorney General may require. (f) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Limitations \nOf the amount made available to carry out this section in any fiscal year— (A) not more than 2 percent may be used by the Attorney General for salaries and administrative expenses; and (B) not more than 5 percent nor less than 2 percent may be used for technical assistance and training..", "id": "H6A4F3CA1B62C432C8442D584FB0F000", "header": "State and local reentry courts" }, { "text": "2979. State and local reentry courts \n(a) Grants authorized \nThe Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entry court. (b) Use of funds \nGrant funds awarded under this section shall be administered in accordance with the guidelines, regulations, and procedures promulgated by the Attorney General, and may be used to— (1) monitor offenders returning to the community; (2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, including— (A) housing assistance; (B) education; (C) employment training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (5) establish and implement graduated sanctions and incentives. (c) Application \nEach eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the program after the Federal funding ends; (2) identifies the governmental and community agencies that will be coordinated by this project; (3) certifies that— (A) there has been appropriate consultation with all affected agencies, including existing community corrections and parole entities; and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement \nThe Federal share of a grant received under this section may not exceed 75 percent of the costs of the project funded under this section unless the Attorney General— (1) waives, wholly or in part, this matching requirement; and (2) publicly delineates the rationale for the waiver. (e) Annual report \nEach grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried out under the grant; (2) an assessment of whether the activities summarized under paragraph (1) are meeting the needs identified in the application submitted under subsection (c); and (3) such other information as the Attorney General may require. (f) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Limitations \nOf the amount made available to carry out this section in any fiscal year— (A) not more than 2 percent may be used by the Attorney General for salaries and administrative expenses; and (B) not more than 5 percent nor less than 2 percent may be used for technical assistance and training.", "id": "HE1A7592CABAB4E638F67E57170822336", "header": "State and local reentry courts" }, { "text": "107. Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project \n(a) Establishment \n(1) In general \nThe Attorney General shall establish the Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project in selected institutions. (2) Objectives \nThe project established pursuant to paragraph (1) shall provide— (A) in-prison assessments of the vocational needs and aptitudes of prisoners; (B) enhanced work skills development; (C) enhanced release readiness programming; and (D) other components, as appropriate, to prepare Federal prisoners for release and re-entry into the community. (b) Project duration \n(1) In general \nThe project under this section shall begin not later than 6 months after funds are made available to carry out this section, and shall continue for 3 years. (2) Extension \nThe Attorney General may extend the project for a period of not more than 6 months to enable participating prisoners to complete their involvement in the project. (c) Reports \n(1) Progress report \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report, which describes the progress of the demonstration project established pursuant to subsection (a), to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Final report \nNot later than 1 year after the end of the demonstration project established pursuant to subsection (a), the Director of the Federal Bureau of Prisons shall submit a report, which describes the effectiveness of such project on post-release outcomes, including employment rates and re-arrest rates, for participants for a period of 3 years following release from custody, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.", "id": "H13A6D859880D4C45954EF5DA48BF38E0", "header": "Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project" }, { "text": "201. Right to vote in Federal elections for nonincarcerated ex-offenders \n(a) Right to vote \nThe right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. (b) Enforcement \n(1) Attorney General \nThe Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this section. (2) Private right of action \n(A) A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (B) Except as provided in subparagraph (C), if the violation is not corrected within 90 days after receipt of a notice under subparagraph (A), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (C) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under subparagraph (A) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (c) Definitions \nFor purposes of this section— (1) the term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility); and (2) the terms election and Federal office have the meaning given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 ). (d) Relation to other laws \n(1) Nothing in this section shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this section. (2) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this section shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ) or the National Voter Registration Act (42 U.S.C. 1973–gg).", "id": "H48FA7C2E8DFC402087F8FEC4439F3707", "header": "Right to vote in Federal elections for nonincarcerated ex-offenders" }, { "text": "202. Prohibition on unwarranted employment discrimination \nSection 703(k) of the Civil Rights Act of 1965 ( 42 U.S.C. 2000e–2(k) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph (1) the following: (2) (A) Notwithstanding paragraph (1), an unlawful employment practice based on disparate impact is established under this title if— (i) a complaining party demonstrates that a respondent uses a particular employment practice that— (I) excludes individuals from employment on the basis of their conviction records; and (II) causes a disparate impact on the basis of race, color, religion, sex, or national origin; and (ii) the respondent fails to demonstrate that the challenged practice is consistent with business necessity. (B) With respect to demonstrating that a challenged practice is consistent with business necessity as described in subparagraph (A)(ii), the respondent shall demonstrate that the respondent considered— (i) the nature and gravity of the offense for which the conviction occurred; (ii) the period of time that has elapsed since the conviction or the completion of the sentence involved; and (iii) the nature of the employment position held or sought..", "id": "HEB838E5382D943C690973F80E56CE6C7", "header": "Prohibition on unwarranted employment discrimination" }, { "text": "203. Increase in Federal work opportunity tax credit \nSection 51(b)(3) of title 26, United States Code, is amended in the heading and in the text by striking $6,000 and inserting $20,000.", "id": "H50C1EFE9433B480888DD62AF91D52981", "header": "Increase in Federal work opportunity tax credit" }, { "text": "204. Reform of student financial assistance \n(a) Suspension of student loan eligibility for drug-related offense only if offense committed during period of enrollment \nSection 484(r)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(r)(1) ) is amended by striking A student and all that follows through table: and inserting the following: A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this title shall not be eligible to receive any grant, loan, or work assistance under this title from the date of that conviction for the period of time specified in the following table:. (b) Pell grants for incarcerated individuals \nSection 401(b)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(8) ) is amended to read as follows: (8) Incarcerated individuals \n(A) In general \nExcept as provided in subparagraph (B), no Federal Pell Grant shall be awarded under this subpart to any individual who is incarcerated in any Federal or State penal institution. (B) Eligibility for pell Grant \n(i) In general \nNotwithstanding subparagraph (A), an individual who is incarcerated in a Federal or State penal institution shall be eligible to receive a Federal Pell Grant under this subpart if such individual— (I) is eligible to be considered for release from the penal institution into the general community not later than 9 years after the date of application for such Grant; and (II) notwithstanding paragraph (2)(B), is enrolled on at least a half-time basis in a degree program. (ii) Limitations on eligibility \nNo Federal Pell Grant shall be awarded to an incarcerated individual pursuant to clause (i)— (I) that exceeds— (aa) the sum of the amount of tuition and fees normally assessed for the course of study by the institution of higher education offering classes to the individual for the course of study such individual is pursuing, plus an allowance for books associated with such course of study; or (bb) the Federal Pell Grant level specified in the relevant appropriations Act for this subpart in any fiscal year; (II) who is incarcerated in a State penal institution if the State in which such penal institution is located reduces its level of postsecondary assistance provided from State sources to incarcerated individuals after the date of enactment of the Offender Reentry and Community Safety Act of 2004; and (III) for use at an institution of higher education in which the percentage of full-time equivalent students at such institution who are incarcerated exceeds 10 percent of such institution’s student body. (iii) Special rule \nFunds transmitted pursuant to this subparagraph shall be transferred directly to the institution of higher education in which the incarcerated individual is enrolled for payment of expenses provided under clause (ii)(I)(aa). Such institution shall not transmit such funds directly or indirectly to such individual..", "id": "H5640F88A13EC436991D553CEA8564BD7", "header": "Reform of student financial assistance" }, { "text": "205. Reform of one strike mandatory eviction \n(a) United States Housing Act of 1937 \nSection 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ) is amended— (1) by striking (k) The Secretary shall and inserting the following: (k) Review of eviction and denials of tenancy \n(1) In general \nSubject to paragraph (3), the Secretary shall ; (2) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F) and indenting accordingly; (3) by striking For any grievance concerning and inserting the following: (2) Expedited procedures \nSubject to paragraph (3), any grievance concerning ; and (4) by adding at the end the following: (3) Mitigating circumstances and innocent owner \n(A) Mitigating circumstances \nIn determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy due to a criminal conviction of the person that is the subject of a grievance, and in any judicial review of such determination, the public housing agency or other reviewing body shall consider all mitigating circumstances and the impact of the eviction, termination, or denial upon the family and dependents of that person. (B) Innocent tenants \nA tenant shall not be subject to eviction, denied a tenancy, or have a tenancy terminated based solely upon the familial relationship of the tenant to a person who has been convicted of a criminal offense.. (b) Quality Housing and Work Responsibility Act of 1998 \n(1) Ineligibility \nSection 576 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13661 ) is amended— (A) in subsection (b)— (i) in paragraph (1), by striking any household with a member and inserting any person ; and (ii) in paragraph (2)— (I) by striking any household and inserting any person ; and (II) by striking household member each place that term appears and inserting person ; (B) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking or any member of the applicant’s household ; and (II) by striking applicant household and inserting applicant ; and (ii) in paragraph (2)— (I) by striking or individual in the applicant’s household ; and (II) by striking have not and inserting has not ; (C) by redesignating subsection (d) as subsection (e); and (D) by adding at the end the following: (d) Review of denial of application \n(1) Review of denial \nThe denial of an application under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ). (2) Innocent applicants \nNothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.. (2) Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing \nSection 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13662 ) is amended— (A) in subsection (a), by striking household with a member and inserting person ; (B) in subsection (b)— (i) by striking household based and inserting person based ; (ii) by striking by a household member and inserting by that person ; and (iii) by striking such household member and inserting such person ; and (C) by adding at the end the following: (c) Review of termination of tenancy \nThe decision to terminate the tenancy or assistance of any person shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ). (d) Innocent tenants \nNothing in this section shall allow for the termination of a tenancy or assistance to any person based solely on the familial relationship of the tenant to a person who is in violation of this section.. (c) Requirement of intent or knowledge of crime before eviction from or denial of public and publicly assisted housing \nSections 6(l)(6) ( 42 U.S.C. 1437d(l)(6) ), 8(d)(1)(B)(iii) 42 U.S.C. 1437f(d)(1)(B)(iii) ), and 8(o)(7)(D) ( 42 U.S.C. 1437f(o)(7)(D) ) of the United States Housing Act of 1937 are each amended by inserting before the semicolon at the end the following: ; except that such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if the tenant did not know and should not have known of the activity, or if the tenant, member of the tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity.", "id": "HD43306A9578F463AA625B4BBFFAE5FC3", "header": "Reform of one strike mandatory eviction" }, { "text": "206. Amendment to the Adult Education and Family Literacy Act to remove restriction on amount of funds available for corrections education programs \nSection 222(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9222(a)(1) ) is amended by striking , of which not more than 10 percent and inserting , of which not less than 10 percent.", "id": "H7289FE23E95C4E9C80F1A054981341EA", "header": "Amendment to the Adult Education and Family Literacy Act to remove restriction on amount of funds available for corrections education programs" }, { "text": "207. Clarification of authority to place prisoner in community corrections \n(a) Place of imprisonment \nSection 3621 of title 18, United States Code, is amended by inserting after or correctional facility the following: , including a community corrections facility,. (b) Pre-release custody \nSection 3624(c) of title 18, United States Code, is amended by striking all after the subsection heading and inserting the following: The Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a reasonable part of the final portion of that term under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the prisoner’s re-entry into the community. In addition, this subsection authorizes the Bureau of Prisons to place a prisoner in home confinement during the last 10 percent of the term of imprisonment, not to exceed 6 months..", "id": "H3AB45F61B1AB479CA5BC90522EF24060", "header": "Clarification of authority to place prisoner in community corrections" }, { "text": "208. Denial of tanf and food stamps for felony conviction for welfare fraud \n(a) In general \nSection 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(a) ) is amended— (1) by amending the header to read as follows: (a) Denial of assistance and benefits for welfare fraud convictions \n; and (2) in the matter preceding paragraph (1) by striking the possession, use, or distribution of a controlled substance (as defined in section 102(6) of the Controlled Substances Act ( 21 U.S.C. 802(6) )) and inserting fraud in connection with an application for, or receipt of, welfare assistance or benefits. (b) Effective date \nThe amendments made by subsection (a) shall take effect on December 31, 2004.", "id": "HC395CFB0523845688CF71200677DFE63", "header": "Denial of tanf and food stamps for felony conviction for welfare fraud" }, { "text": "209. Reform of provisions that limit family reunification after prison \n(a) Consideration of parental incarceration \n(1) In general \nSection 475(5) of the Social Security Act ( 42 U.S.C. 675(5) ) is amended— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period and inserting ; and ; and (C) by adding at the end the following: (H) (i) the State may extend the time limits otherwise applicable under subparagraph (E), with respect to filing or joining a petition to terminate the parental rights of the parents of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, if 1 of the parents is incarcerated in a Federal, State, or local correctional facility; and (ii) the incarceration of 1 of the child’s parents in a Federal, State, or local correctional facility is a factor, but not the sole basis, for making a determination that it would be in the best interests of the child to terminate parental rights.. (2) Effective date \nThe amendments made by paragraph (1) shall take effect on December 31, 2004. (b) Reasonable effort to preserve and reunify families \n(1) In general \nSection 471(a)(15) of title IV of the Social Security Act ( 42 U.S.C. 671(a)(15) ) is amended— (A) in subparagraph (B), by striking subparagraph (D) and inserting subparagraph (E) ; (B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following new subparagraph (C): (C) when applied to parents incarcerated for crimes unrelated to the abuse of a child, reasonable efforts to preserve and unify families includes— (i) coordinating visitation between the child, unless such contact is found by a court to be contrary to the child’s best interest, including transporting the child to visits where other means of transportation are unavailable; (ii) giving preference to family members when placing a child in foster care absent a finding of unfitness; (iii) coordinating the receipt of transitional services upon release from incarceration when return of custody to the parent will be impossible without such services; (iv) providing the incarcerated parent with the opportunity to participate in planning meetings and hearings concerning the child, unless prohibited by the institution in which the parent is incarcerated; and (v) providing a means of communication, such as acceptance of collect telephone calls, between the incarcerated parent and the agency, and between the incarcerated parent and child unless such contact is found by a court to be contrary to the child’s best interest; ; and (D) in subparagraph (F), as so redesignated, by striking subparagraph (D) and inserting subparagraph (E). (2) Conforming amendment \nSection 475(5)(E)(iii) of title IV of the Social Security Act ( 42 U.S.C. 675(5)(E)(iii) ) is amended by striking section 471(a)(15)(B)(ii) and inserting subparagraphs (B)(ii) and (C) of section 471(a)(15). (c) Protecting the Parental Rights of Incarcerated Parents \nSection 475(5)(E) of title IV of the Social Security Act ( 42 U.S.C. 675(5)(E) ) is amended— (1) by striking or at the end of clause (ii); (2) by inserting or at the end of clause (iii); and (3) by adding at the end the following new clause: (iv) the parent has been unable to retain custody of the child due to an incarceration unrelated to the abuse of a child, has not evinced an intent to abandon the child prior to incarceration, and is sentenced to, or will be eligible for parole in, five years or less;. (d) Elimination of age requirement for relative caregiver under national family caregiver support program \nSection 372 of the National Family Caregiver Support Act (part E of title III of the Older Americans Act of 1965 ; 42 U.S.C. 3030s ) is amended in paragraph (3) by striking who is 60 years of age or older and— and inserting who—.", "id": "HC9D0440B500643E69F4DE5E06CCFCF6F", "header": "Reform of provisions that limit family reunification after prison" }, { "text": "210. State medicaid plan requirement to ensure restoration of coverage for eligible individuals upon release from confinement \n(a) In general \nSection 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ), as amended by section 236(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking and at the end of paragraph (66); (2) by striking the period at the end of paragraph (67) and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide for a process whereby an individual confined to a jail, prison, penal institution, or correctional facility, or to any other State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii), may obtain and submit an application for medical assistance within such time prior to the termination of the individual’s period of confinement as will allow, to the maximum extent possible, for the eligibility of an individual who would be determined to be eligible for medical assistance to be effective upon the termination of such period of confinement.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on June 31, 2005.", "id": "H685A7F510CC64876ABC20000805E6DE3", "header": "State medicaid plan requirement to ensure restoration of coverage for eligible individuals upon release from confinement" }, { "text": "211. Reform of supervised release \n(a) No mandatory revocation for possession of Controlled Substance \nSubsection (g) of section 3583 of title 18, United States Code, is amended— (1) in the subsection heading, by striking Controlled Substance or ; (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (b) Technical violations \nSection 3583 of title 18, United States Code, is further amended by adding at the end the following new subsection: (l) Technical violations of supervised release \n(1) In general \nFollowing revocation of supervised release for a technical violation, the court shall impose a community-based sanction and shall not impose a term of imprisonment unless it finds that— (A) the defendant was previously subject to more than one community-based sanction, graduated in severity; (B) the defendant thereafter did not abide by the terms of supervised release; and (C) no additional community-based sanction is likely to cause the defendant to abide by the terms of supervised release. (2) Informal process \nA defendant facing revocation of supervised release for a technical violation may temporarily waive the right to formal adjudication of the violation and agree to participate in an informal process under which a probation officer may impose graduated community-based sanctions for technical violations. If a defendant abides by the terms of supervised release for a six-month period following the commencement of such an informal process, the petition for revocation of supervised release shall be dismissed. (3) Definitions \nIn this subsection— (A) the term technical violation means conduct that does not constitute a new crime, except that possession of a controlled substance shall be treated as a technical violation; and (B) the term community-based sanction means a sanction other than imprisonment that permits the defendant to remain in the community under continued supervised release, which may include commitment to a community correction facility, a requirement that the defendant obtain drug treatment or other social service, electronic monitoring, or other form of intensive supervision. (4) Sentencing commission \nThe United States Sentencing Commission shall amend its existing policy statements regarding revocation of supervised release so as to be consistent with this subsection. (5) Probation service \nThe Federal Probation Service shall publish annually an analysis of cases involving the revocation of supervised release, including the number of violations of supervised release that constitute technical violations, the number of technical violations that involve possession of a controlled substance, and the disposition of violations of supervised release by category..", "id": "HA4BC15C8AE134797A13107556238E9BB", "header": "Reform of supervised release" }, { "text": "212. Grants to study parole violations and revocations \n(a) Grants authorized \nFrom amounts made available to carry out this section, the Attorney General may award grants to States to study, and to improve the collection of data with respect to, individuals whose parole is revoked and which such individuals represent the greatest risk to community safety. (b) Application \nAs a condition of receiving a grant under this section, a State shall— (1) certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a), including data on— (A) the number and type of parole violations that occur within the State; (B) the reasons for parole revocation; (C) the underlying behavior that led to the revocation; and (D) the term of imprisonment or other penalty that is imposed for the violation; and (2) provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2005 and 2006.", "id": "HC64AB4EE4E804225B92B78BB3F50E16F", "header": "Grants to study parole violations and revocations" }, { "text": "213. Residential substance abuse treatment programs \n(a) Improvement of the residential substance abuse treatment for State prisoners program \n(1) Definition \nSection 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ff–1 ) is amended by redesignating subsections (c) through (f) as subsections (d) through (g), respectively, and by inserting after subsection (b) the following new subsection: (c) Residential substance abuse treatment \nThe term residential substance abuse treatment means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population. This can include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period.. (2) Requirement for after care component \nSection 1902 of such Act is further amended in subsection (d) (as redesignated by subsection (a)) is amended— (A) in the subsection heading, by striking Eligibility for Preference With After Care Component and inserting Requirement for After Care Component ; (B) by amending paragraph (1) to read as follows: (1) To be eligible for funding under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services. ; and (C) by adding at the end the following new paragraph: (4) Aftercare services required by this subsection shall be funded by the funding provided in this part.. (b) Residential drug abuse program in Federal prisons \nSection 3621(e)(5)(A) of title 18, United States Code, is amended by striking means a course of and all that follows through the semicolon at the end and inserting the following: means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population, which may include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period;.", "id": "H0EAF55F38C2D4A868101129D58B961D2", "header": "Residential substance abuse treatment programs" } ]

[ { "text": "1. Name of department of veterans affairs outpatient clinic, peoria, illinois \nThe Department of Veterans Affairs outpatient clinic located in Peoria, Illinois, shall after the date of the enactment of this Act be known and designated as the Bob Michel 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 Bob Michel Department of Veterans Affairs Outpatient Clinic.", "id": "H2C120F12C4AE4B49A74D3B193F652C6C", "header": "Name of department of veterans affairs outpatient clinic, peoria, illinois" } ]

[ { "text": "1. Reauthorization of Atlantic Striped Bass Conservation Act \nSection 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2001, 2002, and 2003 and inserting 2004, 2005, and 2006.", "id": "HE6109C2ED0084EFAAC3DE61D85ED52B8", "header": "Reauthorization of Atlantic Striped Bass Conservation Act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the United Nations Oil-for-Food Accountability Act of 2004.", "id": "H7C040653CA96402E88B3F4305D00E288", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil-for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for-food program, representing approximately $1,400,000,000, to fund the administrative costs of the program. (3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq. (4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices. (6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for-food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts. (8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program.", "id": "H2142B336DCDA4BA2AE052BDECA29D289", "header": "Findings" }, { "text": "3. Oil-for-food program defined \nIn this Act, the term oil-for-food program means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance.", "id": "HDC64835651884ECAAC3900F3D7F6F3E", "header": "Oil-for-food program defined" }, { "text": "4. Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation \n(a) Withholding of portion of assessed contributions \nUntil the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification \nThe certification referred to in subsection (a) is a certification made by the President to Congress that— (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil-for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.", "id": "HBF078EA4E09642F4AD8B02B24968198C", "header": "Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation" } ]

[ { "text": "1. Compensation of Certain Losses for the Heirs of Henry D. Espy of St. Louis, Missouri \n(a) Definition \nIn this section, the term heirs of Henry D. Espy means Mary Espy, Mary Espy Rhodes Hoover, Frances Espy Rankin, Jeannette Espy Burton, Mark Espy, Damon Espy, Jamisette Espy, Ashley Espy, Luke Espy, Reuben Gresham, Melanie Espy, Jasmine Espy, Jake Espy, Jeanne Hoover, Robert Hoover, Harold Logan, Andrew Logan, Minda Logan, Andrew Logan II, Gabrielle Logan, Justin Logan, and Randall Rhodes Logan. (b) Payment \nThe Secretary of the Treasury shall pay, using funds in the Treasury not otherwise appropriated, to the heirs of Henry D. Espy of St. Louis, Missouri, as their interests may appear, an amount equal to the difference between— (1) the fair market value of land owned by Henry D. Espy located in Gifford, Indian River County, Florida, that was taken by the United States in an eminent domain proceeding in 1942, as determined by an appraisal satisfactory to the Secretary and the heirs of Henry D. Espy; and (2) sums already paid by the United States to Henry D. Espy in connection with such taking. (c) Settlement \nThe payment under subsection (b) shall be in full settlement of all claims of the heirs of Henry D. Espy arising from the 1942 taking referred to in such subsection. (d) No Inference of Liability \nNothing in this section shall be construed as an inference of liability on the part of the United States. (e) Limitation on Agents’ and Attorneys’ Fees \nAny contract to the contrary notwithstanding, no more than ten percent of the payment required by subsection (b) may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.", "id": "H408D1D544F754E5F89AD9600DDF723F6", "header": "Compensation of Certain Losses for the Heirs of Henry D. Espy of St. Louis, Missouri" } ]

[ { "text": "1. Findings \nThe Congress finds that— (1) the United States owes a debt to those men and women who have lost their lives or have become completely and permanently disabled in the line of duty while defending the Nation in the war on terrorism; (2) the United States owes a debt to the families of these fallen heroes for their sacrifices; and (3) one way to begin repaying this debt would be to ensure that the children of these fallen heroes have access to higher education.", "id": "HDBB57348D2994B14A8721E00E796F9E1", "header": "Findings" }, { "text": "2. Deduction of education costs of veterans’ survivors and dependents \n(a) In general \nPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Education costs of veterans’ survivors and dependents \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount paid by the taxpayer during the taxable year (for education furnished to the eligible person during any academic period beginning in such taxable year) for qualified education expenses. (b) Eligible person \nFor purposes of subsection (a), the term eligible person has the meaning given such term by section 3501(a)(1) of title 38, United States Code. (c) Qualified education expenses \nFor purposes of subsection (a)— (1) In general \nThe term qualified education expenses means expenses for educational assistance to which the eligible person would be entitled for a month under chapter 35 of title 38, United States Code, but for the maximum amount of educational assistance allowance payable for such month under section 3532 of such chapter. (2) Coordination with other education-related benefits \nThe amount of qualified education expenses for any taxable year shall be reduced by the sum of— (A) the amount excluded from gross income under section 127, 135, 529, or 530 by reason of such expenses, and (B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2).. (b) Deduction allowed whether or not individual itemizes other deductions \nSubsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Education costs of veterans’ survivors and dependents \nThe deduction allowed by section 224.. (c) Clerical amendment \nThe table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Education costs of veterans’ survivors and dependents Sec. 225. Cross reference. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2000, for amounts paid or incurred for education furnished after September 11, 2001.", "id": "H82F5056CC111402CA13DBCEDFA62A398", "header": "Deduction of education costs of veterans’ survivors and dependents" }, { "text": "224. Education costs of veterans’ survivors and dependents \n(a) Deduction allowed \nIn the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount paid by the taxpayer during the taxable year (for education furnished to the eligible person during any academic period beginning in such taxable year) for qualified education expenses. (b) Eligible person \nFor purposes of subsection (a), the term eligible person has the meaning given such term by section 3501(a)(1) of title 38, United States Code. (c) Qualified education expenses \nFor purposes of subsection (a)— (1) In general \nThe term qualified education expenses means expenses for educational assistance to which the eligible person would be entitled for a month under chapter 35 of title 38, United States Code, but for the maximum amount of educational assistance allowance payable for such month under section 3532 of such chapter. (2) Coordination with other education-related benefits \nThe amount of qualified education expenses for any taxable year shall be reduced by the sum of— (A) the amount excluded from gross income under section 127, 135, 529, or 530 by reason of such expenses, and (B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2).", "id": "H8CEE12BF89B5446A00D2C4ED26CF93EF", "header": "Education costs of veterans’ survivors and dependents" } ]

[ { "text": "1. Permanent resident status for Maria Cristina Degrassi \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Maria Cristina Degrassi shall be eligible for issuance of immigrant visas or for adjustment of status to that of aliens lawfully admitted for permanent residence upon filing an application for issuance of immigrant visas under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Maria Cristina Degrassi enters the United States before the filing deadline specified in subsection (c), the alien shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within 2 years after the date of enactment of this Act. (d) Reduction of immigrant visa numbers \nUpon the granting of immigrant visas or permanent residence to Maria Cristina Degrassi, the Secretary of State shall instruct the proper officer to reduce by the appropriate number, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "HABBD19BD50B1465AB51E81D308007550", "header": "Permanent resident status for Maria Cristina Degrassi" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Rail Transit Security and Safety Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Rail transportation security risk assessment Sec. 3. Federal Rail Security Managers Sec. 4. Study of foreign rail transport security programs Sec. 5. Fire and life-safety improvements Sec. 6. Security assistance grants Sec. 7. Rail security research and development Sec. 8. Whistleblower protections for rail employees Sec. 9. Authorization of appropriations", "id": "H192BB28C188141A88C6E51BFF87E92F7", "header": "Short title; table of contents" }, { "text": "2. Rail transportation security risk assessment \n(a) In General \n(1) Vulnerability assessment \nThe Under Secretary for Border and Transportation Security of the Department of Homeland Security, in consultation with the Secretary of Transportation, shall complete a vulnerability assessment of freight and passenger rail transportation (encompassing railroad carriers, as that term is defined in section 20102(2) of title 49, United States Code). The assessment shall include— (A) identification and evaluation of critical assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; and (D) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. (2) Existing private and public sector efforts \nThe assessment shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nBased on the assessment conducted under paragraph (1), the Under Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Under Secretary has for— (A) improving the security of rail tunnels, rail bridges, rail switching areas, other rail infrastructure and facilities, information systems, and other areas identified by the Under Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying weapon detection equipment; (C) training employees in terrorism prevention, passenger evacuation, and response activities; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term economic impact of measures that may be required to address those risks. (4) Plans \nThe report required by subsection (c) shall include— (A) a plan, developed in consultation with the freight and intercity passenger railroads, and State and local governments, for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors. (b) Consultation \nIn carrying out the assessment required by subsection (a), the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials, public safety officials (including those within other agencies and offices within the Department of Homeland Security) and other relevant parties. (c) Report \n(1) Contents \nWithin 90 days after the date of enactment of this Act, the Under Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format \nThe Under Secretary may submit the report in both classified and redacted formats if the Under Secretary determines that such action is appropriate or necessary. (d) Allocations \nThe assessment required by subsection (a) shall be used as the basis for allocating grant funds under section 6, unless the Secretary of Homeland Security determines that an adjustment is necessary to respond to an urgent threat or other significant factors. (e) 2-Year updates \nThe Under Secretary, in consultation with the Secretary of Transportation, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Under Secretary for Border and Transportation Security of the Department of Homeland Security $5,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "H5E6A0779B5FC474887B04DC6D3B684EC", "header": "Rail transportation security risk assessment" }, { "text": "3. Federal Rail Security Managers \n(a) Establishment, designation, and stationing \nThe Under Secretary for Border and Transportation Security of the Department of Homeland Security shall establish the position of Federal Rail Security Manager within each of at least 8 regional areas, as divided on a geographical basis. The Under Secretary shall designate individuals as Managers for, and station those Managers within, those regions. (b) Duties and powers \nThe Manager within each region shall— (1) receive intelligence information related to rail and mass transit security; (2) ensure, and assist in, the implementation of a comprehensive rail security plan for the region described in section 2(a)(4); (3) serve as the regional coordinator of the Under Secretary’s response to terrorist incidents and threats to rail and rail assets within the region; (4) coordinate efforts related to rail security with State and local law enforcement; and (5) coordinate with other Managers.", "id": "HA455C013DCB74C0BA8DA99758601963D", "header": "Federal Rail Security Managers" }, { "text": "4. Study of foreign rail transport security programs \n(a) Requirement for study \nWithin one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose \nThe purpose of this study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report \nThe Comptroller General shall submit a report on the results of this study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. (d) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out the provisions of this section, which shall remain available until expended.", "id": "H218781CA314846E382F8EED252B2C1D1", "header": "Study of foreign rail transport security programs" }, { "text": "5. Fire and life-safety improvements \n(a) Life-safety needs \nThe Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, Washington, District of Columbia, and Boston, Massachusetts. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (4) For the Boston, Massachusetts, Back Bay tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Infrastructure upgrades \nThere are authorized to be appropriated to the Secretary of Transportation for fiscal year 2005 $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels. (d) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended. (e) Plan required \nThe Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)— (1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and (2) unless, for each project funded pursuant to this section, the Secretary has approved a project management plan prepared by Amtrak addressing project budget, construction schedule, recipient staff organization, document control and record keeping, change order procedure, quality control and assurance, periodic status reports, and such other matter the Secretary deems appropriate; (f) Financial contribution from other tunnel users \nThe Secretary shall, taking into account the need for timely completion of all life-safety portions of the tunnel projects described in subsection (a)— (1) consider the extent to which rail carriers other than Amtrak use the tunnels; (2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and (3) seek financial contributions or commitments from such other rail carriers at levels reflecting the extent of their use of the tunnels.", "id": "HAC51670236DE4795B0B633ED96BABDFF", "header": "Fire and life-safety improvements" }, { "text": "6. Security assistance grants \n(a) Capital assistance program \n(1) In general \nThe Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the recommendations established under section 2(a)(3). (2) Allowable use of funds \nGrants awarded under paragraph (1) may be used for— (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital safety improvements. (b) Operational security assistance program \n(1) In general \nThe Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the recommendations established under section 2(a)(3). (2) Allowable use of funds \nGrants awarded under paragraph (1) may be used for— (A) security training for transit employees, including rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transit security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events; and (F) other appropriate security improvements. (c) Congressional notification \nNot later than 3 days before any grant is awarded under this section, the Secretary of Homeland Security shall notify the Committee on Transportation and Infrastructure of the House of Representatives of the intent to award such grant. (d) Procedures for grant award \nThe Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Secretary. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (e) Transit agency responsibilities \nEach public transportation agency that receives a grant under this section shall— (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency’s capacity for operating and maintaining the equipment purchased under this subsection; (3) develop a comprehensive training plan that demonstrates the agency’s capacity to train all employees in emergency response and security awareness; and (4) report annually to the Department of Homeland Security on the use of grant funds received under this section. (f) Return of misspent grant funds \nIf the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States.", "id": "HE9DE383B0A954687B1B5409C361DE4D8", "header": "Security assistance grants" }, { "text": "7. Rail security research and development \n(a) Establishment of research and development program \nThe Under Secretary for Border and Transportation Security of the Department of Homeland Security, in conjunction with the Secretary of Transportation, shall carry out a research and development program for the purpose of improving freight and intercity passenger rail security, including research and development projects to— (1) reduce the vulnerability of passenger trains, stations, infrastructure, and equipment to explosives; (2) test new emergency response techniques and technologies; (3) research chemical, biological, radiological, or explosive detection systems; (4) research imaging technologies; (5) research technologies for sealing rail cars; and (6) support enhanced security for transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity, with a focus on tank cars that carry toxic-inhalation chemicals; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety. (b) Research and development grants \nThe Under Secretary, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstration of, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems, as described in subsection (a).", "id": "H59A9F3B3F969402BB1B75E9BFCDE8FA3", "header": "Rail security research and development" }, { "text": "8. Whistleblower protections for rail employees \n(a) In general \nNo company involved in rail transportation (encompassing railroad carriers, as that term is defined in section 20102(2) of title 49, United States Code) or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, hold liable, or discriminate in any way against an employee because of any lawful act done by the employee— (1) to provide information, to cause information to be provided, or otherwise assist in any investigation or proceeding regarding conduct that the employee believes reasonably contravenes the purposes, functions, or responsibilities of this Act, when that information or assistance is provided to or the investigation is conducted by— (A) a Federal or State regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); or (2) to refuse to violate or assist in the violation of any rule, law, or regulation related to rail security. (b) Enforcement action \n(1) In general \nA person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by— (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such action without regard to the amount in controversy. (2) Procedure \n(A) In general \nAn action brought under paragraph (1)(A) shall be governed by the rules and procedures set forth in section 42121(b)(1) of title 49, United States Code. (B) Exception \nNotification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. (C) Burdens of proof \nAn action under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations \nAn action brought under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies \n(1) In general \nAn employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole. (2) Compensatory damages \nRelief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (B) the amount of back pay, with interest; and (C) the compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney’s fees. (d) Rights retained by employee \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.", "id": "HD4A62FA9DED84044A8AED0C8D5FFDF1D", "header": "Whistleblower protections for rail employees" }, { "text": "9. Authorization of appropriations \n(a) Capital security assistance program \nThere are authorized to be appropriated $2,500,000,000 for fiscal year 2005 to carry out the provisions of section 6(a), which shall remain available until expended. (b) Operational security assistance program \nThere are authorized to be appropriated to carry out the provisions of section 6(b)— (1) $100,000,000 for fiscal year 2005; (2) $750,000,000 for fiscal year 2006; and (3) $500,000,000 for fiscal year 2007. (c) Rail security research and development \nThere are authorized to be appropriated $50,000,000 for fiscal year 2005 to carry out the provisions of section 7(a), and $50,000,000 for fiscal year 2005 to carry out the provisions of section 7(b), which shall remain available until expended.", "id": "H420BFAA048684932983FE9688BDC7400", "header": "Authorization of appropriations" } ]

[ { "text": "1. Credit for employment of H-2A workers \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G. Credit for employment of H–2A workers \n(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.. (b) Denial of double benefit \nSubsection (a) of section 280C of such Code is amended by inserting 45G(a), after 45A(a),. (c) Credit treated as business credit \nSubsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following: (16) the H–2A worker credit determined under section 45G(a).. (d) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Credit for employment of H–2A workers. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H24195EBEA2D1474DAEDB186C213DDD27", "header": "Credit for employment of H-2A workers" }, { "text": "45G. Credit for employment of H–2A workers \n(a) General rule \nFor purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount \nFor purposes of this section, the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee, over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker \nFor purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.", "id": "H8241CCB6948842659634D72074D6DEE4", "header": "Credit for employment of H–2A workers" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Liquefied Natural Gas Import Terminal Development Act of 2004.", "id": "H3454A2A058F0471FB670DDDA03F40058", "header": "Short title" }, { "text": "2. Terms and conditions for liquefied natural gas import terminals \n(a) Exportation or importation of natural gas \nSection 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended to read as follows: 3. Exportation or importation of natural gas \n(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). (f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).. (b) Definition \nSection 2 of the Natural Gas Act ( 15 U.S.C. 717a ) is amended by adding at the end the following new paragraph: (11) Liquefied natural gas import terminal includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities..", "id": "H9D375EF7C6C047CFB43F801EC94FBBA2", "header": "Terms and conditions for liquefied natural gas import terminals" }, { "text": "3. Exportation or importation of natural gas \n(a) Authorization order \nNo person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest. The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas \nWith respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. (c) Application and approval process \nFor purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (d) Authorization for liquefied natural gas import terminals \n(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest. The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate. (2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service. (3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. (4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation. (5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record \n(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete. (2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation. The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings. If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition. (3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2). (4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3). (f) Judicial review \n(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph. (2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency \nWith respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).", "id": "H8B9D876B406140D2816FC5E487ADAECC", "header": "Exportation or importation of natural gas" } ]

[ { "text": "1. Establishment of commission \nThere is established in the legislative branch the Independent Commission on the 2004 Coup d’État in the Republic of Haiti (in this Act referred to as the Commission ).", "id": "HAFFDEBA3FE2E4A3285E215B05F473CAD", "header": "Establishment of commission" }, { "text": "2. Duties \n(a) Duties \nThe Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d’état in the Republic of Haiti. In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean-Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile. (3) In the events leading up to the coup d’état, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti. (5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti. (6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti. (8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'état. (b) Scope of Duties \nIn carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations.", "id": "HB1D9A46B0CCB467FAA9C6D23C507167E", "header": "Duties" }, { "text": "3. Composition of commission \n(a) Members \nThe Commission shall be composed of 10 members, of whom— (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives. (b) Qualification Requirement; Deadline for Appointment; Meetings \n(1) Nongovernmental appointees \nAn individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment \nAll members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings \nThe Commission shall meet at the call of the Chairperson or a majority of its members. (c) Chairperson; Vice Chairperson \nThe Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission. (d) Quorum; vacancies \n6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.", "id": "H71BA506B22354DF5BD00DFC09D5C132C", "header": "Composition of commission" }, { "text": "4. Powers of commission \n(a) Hearings and Sessions \n(1) In general \nThe Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements \n(A) Public hearings \nAny public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (B) Public versions of reports \nThe Commission shall release public versions of the reports required under section 8. (b) Subpoena Power \n(1) In general \nThe Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena \nIf a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas \nThe subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (c) Contract Authority \nThe Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (d) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (e) Assistance from federal agencies \n(1) General services administration \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s duties. (2) Other departments and agencies \nIn addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts \nThe Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.", "id": "H1181E784D8A2496AA4F8E2F77F0F67E", "header": "Powers of commission" }, { "text": "5. Staff of commission \n(a) Appointment and compensation \nThe Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees \nAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant services \nThe Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "H4AE70B0186D24FD0B834A4F8C8301C6F", "header": "Staff of commission" }, { "text": "6. Compensation and travel expenses \n(a) Compensation \nEach member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel expenses \nWhile away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.", "id": "HB375C7AE5DE549ED9258D243DD040008", "header": "Compensation and travel expenses" }, { "text": "7. Security clearances for commission members and staff \n(a) In general \nSubject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception \nNo person shall be provided with access to classified information under this Act without the appropriate required security clearance access.", "id": "H2DCAC46215B947E69440F5B79AFAE5C", "header": "Security clearances for commission members and staff" }, { "text": "8. Reports of commission; termination \n(a) Interim reports \nThe Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final report \nNot later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of report \nEach report prepared under this section shall be submitted in unclassified form, but may contain a classified annex.", "id": "HE9253129780E4F669500822C27DB9D46", "header": "Reports of commission; termination" }, { "text": "9. Termination \n(a) In general \nThe Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b). (b) Administrative activities before termination \nThe Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.", "id": "H4F4F1858E268484DB1CCE58B936612A7", "header": "Termination" }, { "text": "10. Authorization of Appropriations \n(a) In General \nThere is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005. (b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).", "id": "H9500BF8742F8436F99A6683114A81BFD", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Chloroneb \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: 9902.29.48 Chloroneb (CAS No. 2675–77–6) (provided for in subheading 2931.00.30) Free Free No change On or before 12/31/2007 (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": "H31D6499B993A44C8A7CD27D08EB939F5", "header": "Chloroneb" } ]

[ { "text": "1. Myron V. George Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 410 Huston Street in Altamont, Kansas, shall be known and designated as the Myron V. George Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Myron V. George Post Office.", "id": "H6D820537940E4644B299001DCE00B9D7", "header": "Myron V. George Post Office" } ]

[ { "text": "1. Short title \nThis Act may be cited as Foreign Credit Reform Act of 2004.", "id": "HF9741BF762754B3BB7CCD3876131C8D1", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Unsustainable debt in the world’s poorest countries constitutes a serious impediment to the development of stable democratic political structures, broad-based economic growth, poverty eradication, and food security. (2) Financing should be appropriate for the purposes for which it is used and should, to the maximum extent possible, generate a return sufficient to pay the principal and interest due. As such, long-term lending for perishable goods, such as food commodities, may be construed as inappropriate to the extent that it places a long-term debt burden on the recipient country without generating sufficient revenues with which to service the debt. (3) Since 1955, the United States has extended more than $27,800,000,000 in loans for food under title I of the Agricultural Trade Development and Assistance Act of 1954 (commonly referred to as PL 480 ), $10,632,858,000 of which remained outstanding at the end of 2002. (4) As of December 31, 2002, arrears on principal and interest payments under title I of PL 480 totaled $1,241,472,000. (5) Since 1992 the United States provided the independent states of the former Soviet Union with $1,601,500,000 in loans for food under title I of PL 480, for which these countries are estimated to have paid $112,748,000 in principal and interest in 2003. Russia alone has received $1,035,000,000 in credits, paying an estimated $79,695,000 in principal and interest in 2003. (6) Rising debt stocks and debt-to-export ratios may undermine a country’s credit worthiness and jeopardize its ability to borrow from commercial lenders. (7) Debt reduction contributes marginally to a country’s development prospects if new debt is allowed to create the next generation of heavy indebtedness. Therefore, President Bush’s initiative, adopted by Group of Seven (G–7) leaders at the June 2002 summit, to increase World Bank grant assistance to the most heavily indebted poor countries is a crucial step toward alleviating poverty, curbing future unsustainable debt, and providing for urgent human needs in countries in which people live on less than one dollar a day. Replacing loans with targeted grants will eliminate the need for governments to repay long-term investments in people, especially for education, health, nutrition, water supply, and sanitation purposes. (8) The G–7 agreement at the June 2002 summit to fully fund the remaining costs of the enhanced Heavily Indebted Poor Country (HIPC) initiative is essential to ensuring that eligible debt-distressed nations receive full benefits under the HIPC debt relief measure. (9) The United States has been a leading voice for more than a decade in international debt reduction initiatives for poor countries, including a 1991 initiative to cancel $689,000,000 in food loans under title I of PL 480 owed by 15 sub-Saharan African countries. (10) The United States must continue its leadership role to encourage full participation by all Paris Club creditors in multilateral debt negotiations. (11) Several poor countries that are not eligible for enhanced HIPC debt reduction terms face a severe debt overhang that undermines increased resource allocation for development and discourages productive investment. (12) The World Bank, which has provided over $1,700,000,000 since 1986 to fight the spread of HIV/AIDS, should continue to place the highest priority on programs to combat infectious diseases, including HIV/AIDS, malaria, and tuberculosis. (13) Debt reduction is an important, but only partial solution to long-term development. Promoting an environment that will stimulate internal economic growth, promote trade and external investment, and encourage responsible governance are the most important ingredients for sustainable growth.", "id": "H0D6A390AD2AA4BF4B700FB8C538BE8D5", "header": "Findings" }, { "text": "101. Support for the HIPC trust fund \nSection 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced on October 24, 2000, and enacted into law by section 101(a) of Public Law 106–429 (and contained in the appendix thereto) is amended by striking 2003, $435,000,000 and inserting 2006, such sums as may be necessary.", "id": "HF59FE658E9844FABB15C63D2C86E9C6", "header": "Support for the HIPC trust fund" }, { "text": "102. Debt service reinvested into the Global Fund \nThe Bretton Woods Agreements Act (22 U.S.C. 286–286oo) is further amended by adding at the end the following: 64. Debt service reinvested into the Global Fund \n(a) Negotiation of agreement \nThe Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. (b) Definitions \nIn this section: (1) Global Fund \nThe term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. (2) Eligible country \nThe term eligible country means a country— (A) which has received debt relief under the Enhanced HIPC Initiative; and (B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. (3) Enhanced HIPC Initiative \nThe term Enhanced HIPC Initiative means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999. (4) HIV/AIDS \nThe term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) HIV \nThe term HIV means the human immunodeficiency virus, the pathogen that causes AIDS. (6) AIDS \nThe term AIDS means the acquired immune deficiency syndrome..", "id": "HD2B229C9F18C4118ABA8B826C9A0A8B", "header": "Debt service reinvested into the Global Fund" }, { "text": "64. Debt service reinvested into the Global Fund \n(a) Negotiation of agreement \nThe Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. (b) Definitions \nIn this section: (1) Global Fund \nThe term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. (2) Eligible country \nThe term eligible country means a country— (A) which has received debt relief under the Enhanced HIPC Initiative; and (B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. (3) Enhanced HIPC Initiative \nThe term Enhanced HIPC Initiative means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G–7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18–20, 1999. (4) HIV/AIDS \nThe term HIV/AIDS means, with respect to an individual, an individual who is infected with HIV or living with AIDS. (5) HIV \nThe term HIV means the human immunodeficiency virus, the pathogen that causes AIDS. (6) AIDS \nThe term AIDS means the acquired immune deficiency syndrome.", "id": "HC7AB407D68DC4BF98CBD12C28FF0775E", "header": "Debt service reinvested into the Global Fund" }, { "text": "201. Actions to provide bilateral debt relief \nSection 501(i) of H.R. 3425 of the 106th Congress, as introduced on November 17, 1999, and enacted into law by section 1000(a)(5) of Public Law 106–113 (and contained in Appendix E thereto), is amended by striking 2004 and inserting 2005.", "id": "HC252DD1A8053449FAB09786933243238", "header": "Actions to provide bilateral debt relief" }, { "text": "202. Debt forgiveness under title I of Public Law 480 \n(a) Debt forgiveness \nFor each of the fiscal years 2005 and 2006, the President is authorized and encouraged to use the authority of section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) to waive payments of principal and interest that a country described in subsection (b) would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under title I of such Act (7 U.S.C. 1701 et seq.). (b) Country described \nA country referred to in subsection (a) is a country— (1) which has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 2003, was at least 150 percent of the value of exports of the country in 2003; or (2) whose debt service payments on public and publicly guaranteed debt exceeded 8 percent of the value of its exports in 2003. (c) Applicable provisions \nExcept to the extent inconsistent with the provisions of this section, section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except subsection (e) of such section) shall apply with respect to the authority to waive payments of principal and interest under this section to the same extent and in the same manner as such section applies to the authority to waive payments of principal and interest under section 411 of such Act. (d) Authorization of appropriations \nFor the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 ) for the reduction or cancellation of any debt pursuant to this section, there are authorized to be appropriated to the President for each of the fiscal years 2005 and 2006 such sums as may be necessary.", "id": "HB885360D643440F588ADBE057A55B07", "header": "Debt forgiveness under title I of Public Law 480" }, { "text": "203. Miscellaneous amendments \n(a) Financing assistance under title I of Public Law 480 \nSection 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended— (1) by striking To carry out the policies and inserting the following: (1) In general \nTo carry out the policies ; (2) by striking developing countries and inserting developing countries described in paragraph (2) ; and (3) by adding at the end the following: (2) Developing country described \nA developing country referred to in paragraph (1) is a developing country that meets the following requirements: (A) The country is not prohibited from receiving assistance under the Foreign Assistance Act of 1961 by reason of the application of section 620(q) of such Act and irrespective of whether or not the President has determined that assistance to the country is in the national interest of the United States. (B) The country is not in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this title or under any other provision of law. (C) The country is not a low-income country or lower-middle income country, as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually). (D) The country is not a severely-indebted country or moderately-indebted country as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).. (b) Economic assistance under the Foreign Assistance Act of 1961 \nSection 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended— (1) by inserting after under this Act the second place it appears the following: or under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) ; and (2) by adding at the end the following: A determination by the President under the preceding sentence that assistance to a country is in the national interest of the United States shall be effective for a period not to exceed one calendar year..", "id": "H588C373DE10241E982DDA3ACFF1ACA8", "header": "Miscellaneous amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act.", "id": "H03478EAC3DDC42599E4724CF7106004B", "header": "Short title" }, { "text": "2. Medicare coverage of screening ultrasound for abdominal aortic aneurysms \n(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by sections 611, 612, 613, 642, and 706 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (Y); (B) by adding and at the end of subparagraph (Z); and (C) by adding at the end the following new subparagraph: (AA) screening ultrasound for abdominal aortic aneurysm (as defined in subsection (bbb)) for an individual who has not been previously furnished such a screening ultrasound and who— (i) has a family history of abdominal aortic aneurysm; (ii) manifests risk factors for cardiovascular disease (such as smoking or hypertension); (iii) evidences arthrosclerotic vascular disease; or (iv) has other risk factors for abdominal aortic aneurysm as the Secretary may specify;. ; and (2) by adding at the end the following new subsection: (bbb) Screening ultrasound for abdominal aortic aneurysm \nThe term screening ultrasound for abdominal aortic aneurysm means— (1) a procedure using sound waves (or such other procedures using alternative technologies, of commensurate accuracy and cost, that the Secretary may specify) provided for the early detection of abdominal aortic aneurysm, and (2) includes a physician’s interpretation of the results of the procedure.. (b) Inclusion of screening ultrasound for abdominal aortic aneurysm in screening services for which education, counseling, and referral is provided for under benefits for initial preventive physical examination \nSection 1861(ww)(2) of the Social Security Act ( 42 U.S.C. 1395x(ww)(2) ), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (L) Screening ultrasound for abdominal aortic aneurysm as defined in section 1861(bbb).. (c) Payment for screening ultrasound for abdominal aortic aneurysm \n(1) Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(AA) after (2)(W). (d) Frequency and quality standards \nSection 1862(a)(1) of such Act ( 42 U.S.C. 1395m(a)(1) ), as amended by sections 303, 611, 612, and 613 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended— (1) by striking and at the end of subparagraph (L); (2) by striking the semicolon at the end of subparagraph (M) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (N) in the case of screening ultrasound for abdominal aortic aneurysm— (i) which is performed more frequently than is provided for under section 1861(s)(2)(AA); or (ii) which is performed by an individual or diagnostic laboratory that does not meet quality assurance standards established by the Secretary, including with respect to individuals performing screening ultrasound for abdominal aortic aneurysm (other than physicians) and diagnostic laboratories, that the individual or laboratory is certified by the appropriate State licensing or certification agency or, in the case of a services performed in a State that does not license or certify such individuals or laboratories, by a national certification or accreditation organization recognized by the Secretary.. (e) Non-application of part b deductible \nSection 1833(b) of such Act ( 42 U.S.C. 1395l(b) ) is amended— (1) by striking and after section 1861(jj)), ; and (2) by inserting , and (7) such deductible shall not apply with respect to screening ultrasound for abdominal aortic aneurysm (as defined in section 1861(bbb)) after 1861(nn)). (f) Consultation in establishment of quality assurance standards and designation of recognition of national accreditation organizations \nThe Secretary shall consult with national medical, vascular technologist and sonographer societies in establishing— (1) risk factors under section 1861(s)(2)(A)(iv) of the Social Security Act, as added by subsection (a)(1)(C), and (2) quality assurance standards under section 1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3). (g) Effective date \nThe amendments made by this section shall apply to screening ultrasounds for abdominal aortic aneurysm performed on or after January 1, 2005.", "id": "H7C96AFB10FE34889A79EF25BE34E79B", "header": "Medicare coverage of screening ultrasound for abdominal aortic aneurysms" }, { "text": "3. National educational and information campaign \n(a) In general \nAfter consultation with national medical, vascular technologist and sonographer societies, the Secretary of Health and Human Services shall carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms. (b) Use of funds \nThe Secretary may use amounts appropriated pursuant to this subsection to make grants to national medical, vascular technologist, and sonographer societies (in accordance with procedures and criteria specified by the Secretary) to enable them to educate practitioners and providers about matters relating to such aneurysms. (c) Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2005 and each fiscal year thereafter such sums as may be necessary to carry out this section.", "id": "H680AE71832DE407BBE43B3C54ED4BF3F", "header": "National educational and information campaign" } ]

[ { "text": "1. Disposition of Oak Hill Property \n(a) In General \nThe Oak Hill property shall be disposed of as follows: (1) The portion of the property which is located west of the Baltimore-Washington Parkway shall be transferred to the jurisdiction of the Director of the National Park Service, who shall use such portion for parkland purposes. (2) Subject to subsection (b), the portion of the property which is located east of the Baltimore-Washington Parkway and 200 feet and further north of the Patuxent River shall be transferred to the Secretary of the Army (acting through the Chief of Engineers) for use by the Director of the National Security Agency, who may lease such portion to the District of Columbia. (3) The portion of the property which is located east of the Baltimore-Washington Parkway and south of the portion described in paragraph (2) shall be transferred to the jurisdiction of the Administrator of General Services, who shall in turn convey such portion to Anne Arundel County, Maryland, in accordance with subsection (c). (b) Payment For Construction of New Juvenile Detention Facility for District of Columbia \nAs a condition of the transfer under subsection (a)(2), the Director of the National Security Agency shall enter into an agreement with the Mayor of the District of Columbia under which— (1) the juvenile detention facility for the District of Columbia currently located on the Oak Hill property shall be closed; and (2) subject to appropriations, the Agency shall pay for the construction of a replacement facility at a site to be determined, with priority given to a location within the District of Columbia. (c) Conveyance of Portion of Property to Anne Arundel County \n(1) In general \nThe Administrator of General Services shall convey, without consideration, to Anne Arundel County, Maryland, all right, title, and interest of the United States in and to that portion of the Oak Hill property referred to in subsection (a)(3). (2) Terms and conditions of conveyance \nThe conveyance under paragraph (1) shall be carried out under such terms and conditions as may be agreed to by the Administrator and Anne Arundel County, except that, as a condition of the conveyance— (A) Anne Arundel County shall agree to dedicate a portion of the property which is adjacent to the Patuxent River to parkland and recreational use; and (B) Anne Arundel County shall agree to reimburse the National Security Agency for the amounts paid by the Agency under subsection (b) for the construction of a new juvenile detention facility for the District of Columbia, but only if the County makes 25% or more of the property conveyed under this subsection available for purposes other than open space or recreational use.", "id": "H45066560B2E64807A92254A1958076A", "header": "Disposition of Oak Hill Property" }, { "text": "2. Oak Hill Property Defined \nIn this Act, the term Oak Hill property means the Federal property consisting of approximately 800 acres near Laurel, Maryland, a portion of which is currently used by the District of Columbia as a juvenile detention facility, and which is shown on Map Number 20 in the records of the Department of Assessments and Taxation, Tax Map Division, of Anne Arundel County.", "id": "H9E3A397B4BD141E4AB91A99C007D86B9", "header": "Oak Hill Property Defined" } ]

[ { "text": "1. Boundary adjustment study \n(a) Definitions \nFor the purposes of this Act: (1) Barrett’s Farm \nThe term Barrett’s Farm means the Colonel James Barrett Farm listed on the National Register of Historic Places, including the house and buildings on the approximately 6 acres of land in Concord, Massachusetts. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Study \nNot later than 1 year after the date funds are made available, the Secretary shall conduct a boundary study to evaluate the significance of Barrett’s Farm in Concord, Massachusetts, as well as the suitability and feasibility of its inclusion in the National Park System as part of Minute Man National Historical Park. (c) Content of study \nThe study shall include an analysis of the following: (1) The significance of Barrett’s Farm in relation to the Revolutionary War. (2) Opportunities for public enjoyment of the site as part of the Minute Man National Historical Park. (3) Any operational and management issues that need to be considered if Barrett’s Farm were added to the Minute Man National Historical Park. (4) A determination of the feasibility of administering Barrett’s Farm considering its size, configuration, ownership, costs, and other factors, as part of Minute Man National Historical Park. (5) An evaluation of the adequacy of other alternatives for management and resource protection of Barrett’s Farm. (d) Submission of report \nUpon completion of the study, the Secretary shall submit a report on the findings of the study to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.", "id": "H31CEDB02F5F6462AABDA41A03C143161", "header": "Boundary adjustment study" }, { "text": "2. Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "H143845B5407A4C959BA651DEA89519A9", "header": "Authorization of appropriations" } ]

[ { "text": "1. Hangar construction \nSection 47107(a)(21) of title 49, United States Code, is amended by inserting (of not less than 75 years) after long-term lease.", "id": "H9C0B6976079B4B8F9EDD09800F08D3", "header": "Hangar construction" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Minimum Wage Indexation Act of 2004.", "id": "H4DDB91424D9C44B9B5A7FE4B4BF400D4", "header": "Short title" }, { "text": "2. Minimum wage indexation \n(a) In general \nSection 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the following— (A) beginning on the date that is the 60th day after the date of enactment of the Minimum Wage Indexation Act of 2004, $5.85 an hour; (B) beginning on the date that is 365 days after that 60th day, $6.45 an hour; (C) beginning on the date that is 365 days after the date set forth in subparagraph (B), $7.00 an hour; and (D) beginning on the first day of each successive 365-day period commencing after the date set forth in subparagraph (C), $7.00 an hour plus an increase determined by the Secretary to be in proportion to the increase in the Consumer Price Index for all urban consumers for the period between the date referred to in subparagraph (C) and the first day of each such 365-day period;. (b) Effective date \nThe amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act.", "id": "H04CF474B7AD24B069D9F431EAFDB4C7C", "header": "Minimum wage indexation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Guaranteeing Airport Physical Screening Standards Act of 2004.", "id": "HC68D527014E34160BBE543A4C41126D", "header": "Short title" }, { "text": "2. Screening of all individuals and property entering secure areas of an airport \n(a) Deadline \nSection 44903(h)(4)(A) of title 49, United States Code, is amended by striking as soon as practicable after the date of enactment of this subsection and inserting not later than 120 days after the date of enactment of the Guaranteeing Airport Physical Screening Standards Act of 2004. (b) Screening and inspection requirements \nSection 44903(h)(4)(B) of such title is amended by inserting before the semicolon at the end the following: and will include at a minimum physical screening for metal objects. (c) Interim measures \nThe Secretary shall require random screenings and inspections of individuals, goods, property, vehicles, and other equipment at the entrances of, and within, secure areas of an airport until such date as the Secretary has fully complied with the requirements of section 44903(h)(4)(A) of such title. The random screenings and inspections shall be conducted in a manner that assures the level of protection described in section 44903(h)(4)(B) of such title, as amended by this section. The random screenings and inspections shall be unannounced and shall be conducted 24 hours a day.", "id": "HB940C2CCE518410FBBCB53E6D540A8D7", "header": "Screening of all individuals and property entering secure areas of an airport" }, { "text": "3. Hiring of screeners \n(a) Number of screeners \nNotwithstanding any other provision of law, the Secretary of Homeland Security may hire the number of passenger and baggage screeners that the Secretary determines necessary to ensure aviation security. (b) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "HD72E8D6B4A144C928D6E968F00DDEC64", "header": "Hiring of screeners" } ]

[ { "text": "1. Prohibition of section 1115 waivers for coverage of childless adults under SCHIP \n(a) In general \nSection 2107 of the Social Security Act ( 42 U.S.C. 1397gg ) is amended— (1) in subsection (e), by striking The following sections and inserting Subject to subsection (f), the following sections ; and (2) by adding at the end the following new subsection: (f) Limitation on coverage of childless adults \nUnder subsection (e)(2)(A), the Secretary may not approve a project under section 1115 that provides for coverage of nonpregnant childless adults with funds made available under this title.. (b) Effective date \nThe amendment made by subsection (a) shall apply to the approval of projects under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) on or after March 23, 2004, and to the approval of any extension or expansion of a project under such section that was approved before such date.", "id": "HFF926ABA511A45F4B8AB78E9D882C297", "header": "Prohibition of section 1115 waivers for coverage of childless adults under SCHIP" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Native American Veterans Home Loan Act of 2004.", "id": "HEAADB0D9499C52F770ADEF8782A3671", "header": "Short title" }, { "text": "2. Extension of Native American veteran housing loan pilot program \nSection 3761(c) of title 38, United States Code, is amended by striking December 31, 2005 and inserting December 31, 2010.", "id": "H1DD4DF2040F426F753A901B939037BA", "header": "Extension of Native American veteran housing loan pilot program" } ]