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[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC27DBA26549F4068940080D11E7497D8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requiring certain Federal service contractors to participate in pilot program \nSection 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by adding at the end the following: (C) Certain federal service contractors \nThe following entities shall elect to participate in a pilot program and shall comply with the terms and conditions of such an election: (i) A contractor who has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 ( 41 U.S.C. 351(b)(1) ) applies, and any subcontractor under such contract. (ii) A contractor who has entered into a contract exempted from the application of such Act by section 6 of such Act ( 41 U.S.C. 356 ), and any subcontractor under such contract..", "id": "H9B2F7CB3FC94436800F86852A7008BBD", "header": "Requiring certain Federal service contractors to participate in pilot program", "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "41 U.S.C. 351(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/41/351" }, { "text": "41 U.S.C. 356", "legal-doc": "usc", "parsable-cite": "usc/41/356" } ] } ]

[ "Education and the Workforce Committee", "Judiciary Committee" ]

[ { "text": "1. Contributions to the Thrift Savings Fund \n(a) Elimination of provisions limiting election opportunities \nSection 8432(b) of title 5, United States Code, is amended— (1) by striking paragraphs (2), (3), and (4); (2) by redesignating paragraph (1)(A) as paragraph (1) and paragraph (1)(B) as paragraph (2); (3) in paragraph (1) (as so redesignated), by striking shall be afforded a reasonable period every 6 months and inserting shall, in any pay period, be allowed ; and (4) in paragraph (2) (as so redesignated), by striking subparagraph (A) (or any election allowable by virtue of paragraph (4)) and inserting paragraph (1). (b) Simplification of provisions relating to agency automatic 1 percent contributions generally \nSection 8432(c)(1) of title 5, United States Code, is amended— (1) by striking (c)(1)(A) and inserting (c)(1) ; (2) by striking subparagraphs (B) and (C); and (3) by striking At the time and all that follows through the employing agency and inserting At the time prescribed by the Executive Director in regulations, but no later than 12 days after the end of each pay period that applies with respect to an employee or Member, the employing agency. (c) Simplification of provisions relating to agency matching contributions generally \nSection 8432(c)(2) of title 5, United States Code, is amended by striking subparagraph (C). (d) Elimination of obsolete provisions relating to certain makeup 1 percent contributions \nSection 8432 of title 5, United States Code, is amended— (1) by striking paragraph (3) of subsection (c); and (2) by striking the second sentence of subsection (d).", "id": "HB17619F87B884DB18272C1B79C8C961F", "header": "Contributions to the Thrift Savings Fund", "nested": [ { "text": "(a) Elimination of provisions limiting election opportunities \nSection 8432(b) of title 5, United States Code, is amended— (1) by striking paragraphs (2), (3), and (4); (2) by redesignating paragraph (1)(A) as paragraph (1) and paragraph (1)(B) as paragraph (2); (3) in paragraph (1) (as so redesignated), by striking shall be afforded a reasonable period every 6 months and inserting shall, in any pay period, be allowed ; and (4) in paragraph (2) (as so redesignated), by striking subparagraph (A) (or any election allowable by virtue of paragraph (4)) and inserting paragraph (1).", "id": "H85561ECDB506464A8FE56119838B465B", "header": "Elimination of provisions limiting election opportunities", "nested": [], "links": [ { "text": "Section 8432(b)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] }, { "text": "(b) Simplification of provisions relating to agency automatic 1 percent contributions generally \nSection 8432(c)(1) of title 5, United States Code, is amended— (1) by striking (c)(1)(A) and inserting (c)(1) ; (2) by striking subparagraphs (B) and (C); and (3) by striking At the time and all that follows through the employing agency and inserting At the time prescribed by the Executive Director in regulations, but no later than 12 days after the end of each pay period that applies with respect to an employee or Member, the employing agency.", "id": "H86BBA0C7B7C84D7F9D6237D9808F00E9", "header": "Simplification of provisions relating to agency automatic 1 percent contributions generally", "nested": [], "links": [ { "text": "Section 8432(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] }, { "text": "(c) Simplification of provisions relating to agency matching contributions generally \nSection 8432(c)(2) of title 5, United States Code, is amended by striking subparagraph (C).", "id": "H26FA14A6283F4AE09C58631CA77104BC", "header": "Simplification of provisions relating to agency matching contributions generally", "nested": [], "links": [ { "text": "Section 8432(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] }, { "text": "(d) Elimination of obsolete provisions relating to certain makeup 1 percent contributions \nSection 8432 of title 5, United States Code, is amended— (1) by striking paragraph (3) of subsection (c); and (2) by striking the second sentence of subsection (d).", "id": "H524CC00484694693B7749469A0046B7", "header": "Elimination of obsolete provisions relating to certain makeup 1 percent contributions", "nested": [], "links": [ { "text": "Section 8432", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] } ], "links": [ { "text": "Section 8432(b)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" }, { "text": "Section 8432(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" }, { "text": "Section 8432(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" }, { "text": "Section 8432", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] }, { "text": "2. Technical and conforming amendments \n(a) Provisions relating to retroactive USERRA makeup contributions \nSection 8432(i) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking all that follows as referred to in and inserting section 8432b(b)(2)(B)), is eligible to make an election described in subsection (b)(1). ; and (2) in paragraph (2), by striking all that follows would be allowable and inserting under subsection (b).. (b) Provisions relating to timely dissemination of information \nSection 8439(c)(2) of title 5, United States Code, is amended— (1) in the first sentence, by striking at least 30 calendar days before the beginning of each election period under section 8432(b)(1)(A) of this title, and ; and (2) by striking the second sentence. (c) Provisions relating to certain groups of participants \n(1) Civilian personnel \nSections 8351, 8440a, 8440b, 8440c, and 8440d of title 5, United States Code, are each amended in subsection (a)— (A) by striking paragraph (2); and (B) by striking (a)(1) and inserting (a). (2) Members of the uniformed services \nSection 8440e of title 5, United States Code, is amended in subsection (b)— (A) by striking paragraph (2); and (B) by striking (b)(1) and inserting (b).", "id": "H673E4D7D58A54E8C000629AB00F98700", "header": "Technical and conforming amendments", "nested": [ { "text": "(a) Provisions relating to retroactive USERRA makeup contributions \nSection 8432(i) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking all that follows as referred to in and inserting section 8432b(b)(2)(B)), is eligible to make an election described in subsection (b)(1). ; and (2) in paragraph (2), by striking all that follows would be allowable and inserting under subsection (b)..", "id": "H596C129ABB904394B7A3924986C9915F", "header": "Provisions relating to retroactive USERRA makeup contributions", "nested": [], "links": [ { "text": "Section 8432(i)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" } ] }, { "text": "(b) Provisions relating to timely dissemination of information \nSection 8439(c)(2) of title 5, United States Code, is amended— (1) in the first sentence, by striking at least 30 calendar days before the beginning of each election period under section 8432(b)(1)(A) of this title, and ; and (2) by striking the second sentence.", "id": "H592E8D48E4D44D39823764D928ABAAC", "header": "Provisions relating to timely dissemination of information", "nested": [], "links": [ { "text": "Section 8439(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8439" } ] }, { "text": "(c) Provisions relating to certain groups of participants \n(1) Civilian personnel \nSections 8351, 8440a, 8440b, 8440c, and 8440d of title 5, United States Code, are each amended in subsection (a)— (A) by striking paragraph (2); and (B) by striking (a)(1) and inserting (a). (2) Members of the uniformed services \nSection 8440e of title 5, United States Code, is amended in subsection (b)— (A) by striking paragraph (2); and (B) by striking (b)(1) and inserting (b).", "id": "H5A20F8B0497D4AA6BC3EC200B8025855", "header": "Provisions relating to certain groups of participants", "nested": [], "links": [ { "text": "Section 8440e", "legal-doc": "usc", "parsable-cite": "usc/5/8440e" } ] } ], "links": [ { "text": "Section 8432(i)", "legal-doc": "usc", "parsable-cite": "usc/5/8432" }, { "text": "Section 8439(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8439" }, { "text": "Section 8440e", "legal-doc": "usc", "parsable-cite": "usc/5/8440e" } ] }, { "text": "3. Effective date; savings provisions \n(a) Effective date \nThis Act shall take effect as of such date as the Executive Director may by regulation prescribe, but in no event later than 1 year after the date of the enactment of this Act. (b) Savings provisions \nThe Executive Director shall prescribe regulations to ensure that provisions comparable to those repealed by subsections (b)(2), (c), and (d) of section 1 remain in effect for as long as necessary so that no person will be denied any benefit for which such person would have been eligible had those provisions not been so repealed. (c) Definition \nFor purposes of this section, the term Executive Director means the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474 of title 5, United States Code.", "id": "H66DB0ADE380E42939FBC8720C8D81200", "header": "Effective date; savings provisions", "nested": [ { "text": "(a) Effective date \nThis Act shall take effect as of such date as the Executive Director may by regulation prescribe, but in no event later than 1 year after the date of the enactment of this Act.", "id": "H70C42FFE92C54162838639FEC49F7C16", "header": "Effective date", "nested": [], "links": [] }, { "text": "(b) Savings provisions \nThe Executive Director shall prescribe regulations to ensure that provisions comparable to those repealed by subsections (b)(2), (c), and (d) of section 1 remain in effect for as long as necessary so that no person will be denied any benefit for which such person would have been eligible had those provisions not been so repealed.", "id": "H74A8BE3947354CFE9EBEDDC330F19B5E", "header": "Savings provisions", "nested": [], "links": [] }, { "text": "(c) Definition \nFor purposes of this section, the term Executive Director means the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474 of title 5, United States Code.", "id": "H9A7B9780642D4B10B7D99322823E1F05", "header": "Definition", "nested": [], "links": [ { "text": "section 8474", "legal-doc": "usc", "parsable-cite": "usc/5/8474" } ] } ], "links": [ { "text": "section 8474", "legal-doc": "usc", "parsable-cite": "usc/5/8474" } ] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Chickasaw National Recreation Area Land Exchange Act of 2004.", "id": "HA5AFEC0C546F42A996299990EAE451E2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655–56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2) In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3) More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4) The Chickasaw National Recreation Area’s Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area’s existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5) The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6) The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7) The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102–26 to the Chickasaw Nation by Warranty Deed. (8) The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange for the purpose of the construction of a cultural center. (b) Purpose \nThe purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance in accordance with the terms and conditions of this Act.", "id": "H5816F07C79E841AC937B0515905011DA", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) By provision 64 of the agreement between the United States and the Choctaws and Chickasaws dated March 21, 1902 (32 Stat. 641, 655–56), approved July 1, 1902, 640 acres of property were ceded to the United States for the purpose of creating Sulphur Springs Reservation, later known as Platt National Park, to protect water and other resources and provide public access. (2) In 1976, Platt National Park, the Arbuckle Recreation Area, and additional lands were combined to create Chickasaw National Recreation Area to protect and expand water and other resources as well as to memorialize the history and culture of the Chickasaw Nation. (3) More recently, the Chickasaw Nation has expressed interest in establishing a cultural center inside or adjacent to the park. (4) The Chickasaw National Recreation Area’s Final Amendment to the General Management Plan (1994) found that the best location for a proposed Chickasaw Nation Cultural Center is within the Recreation Area’s existing boundary and that the selected cultural center site should be conveyed to the Chickasaw Nation in exchange for land of equal value. (5) The land selected to be conveyed to the Chickasaw Nation holds significant historical and cultural connections to the people of the Chickasaw Nation. (6) The City of Sulphur, Oklahoma, is a key partner in this land exchange through its donation of land to the Chickasaw Nation for the purpose of exchange with the United States. (7) The City of Sulphur, Oklahoma, has conveyed fee simple title to the non-Federal land described as Tract 102–26 to the Chickasaw Nation by Warranty Deed. (8) The National Park Service, the Chickasaw Nation, and the City of Sulphur, Oklahoma, have signed a preliminary agreement to effect a land exchange for the purpose of the construction of a cultural center.", "id": "HF89474EC3118472492B77032AABEE0BF", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to authorize, direct, facilitate, and expedite the land conveyance in accordance with the terms and conditions of this Act.", "id": "H0AC0A20924C94B83BEDE7558B8B94354", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Federal land \nThe term Federal land means the Chickasaw National Recreational Area lands and interests therein, identified as Tract 102–25 on the Map. (2) Non-federal land \nThe term non-Federal land means the lands and interests therein, formerly owned by the City of Sulphur, Oklahoma, and currently owned by the Chickasaw Nation, located adjacent to the existing boundary of Chickasaw National Recreation Area and identified as Tract 102–26 on the Map. (3) Map \nThe term Map means the map entitled Proposed Land Exchange and Boundary Revision, Chickasaw National Recreation Area , dated September 8, 2003, and numbered 107/800035a. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H9F3B29E76B6A4154BFD9B7644E86E1ED", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Chickasaw national recreation area land conveyance \n(a) Land Conveyance \nNot later than 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall convey all right, title, and interest in and to the Federal land to the Chickasaw Nation. (b) Valuation of Land to Be Conveyed \nThe fair market values of the Federal land and non-Federal land shall be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. The appraisal shall conform with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference, 1992, and any amendments to these standards. (c) Equalization of Values \nIf the fair market values of the Federal land and non-Federal land are not equal, the values may be equalized by the payment of a cash equalization payment by the Secretary or the Chickasaw Nation, as appropriate. (d) Conditions \n(1) In general \nNotwithstanding subsection (a), the conveyance of the non-Federal land authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, except as provided in paragraph (2). (2) Exception \nThe item included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, providing for the Federal land to be taken into trust for the benefit of the Chickasaw Nation shall not apply. (e) Administration of Acquired Land \nUpon completion of the land exchange authorized under subsection (a), the Secretary— (1) shall revise the boundary of Chickasaw National Recreation Area to reflect that exchange; and (2) shall administer the land acquired by the United States in accordance with applicable laws and regulations.", "id": "H100FC4F7811B473298EA31756D5E59B6", "header": "Chickasaw national recreation area land conveyance", "nested": [ { "text": "(a) Land Conveyance \nNot later than 6 months after the Chickasaw Nation conveys all right, title, and interest in and to the non-Federal land to the United States, the Secretary shall convey all right, title, and interest in and to the Federal land to the Chickasaw Nation.", "id": "H64C8EF22FDD240CDA9F2EF47CCEE93", "header": "Land Conveyance", "nested": [], "links": [] }, { "text": "(b) Valuation of Land to Be Conveyed \nThe fair market values of the Federal land and non-Federal land shall be determined by an appraisal acceptable to the Secretary and the Chickasaw Nation. The appraisal shall conform with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference, 1992, and any amendments to these standards.", "id": "HA98E2FFB7C4C475E8483B6D6E695603C", "header": "Valuation of Land to Be Conveyed", "nested": [], "links": [] }, { "text": "(c) Equalization of Values \nIf the fair market values of the Federal land and non-Federal land are not equal, the values may be equalized by the payment of a cash equalization payment by the Secretary or the Chickasaw Nation, as appropriate.", "id": "H02F8B65087164AAFA20068AFDAB3AAC", "header": "Equalization of Values", "nested": [], "links": [] }, { "text": "(d) Conditions \n(1) In general \nNotwithstanding subsection (a), the conveyance of the non-Federal land authorized under subsection (a) shall not take place until the completion of all items included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, except as provided in paragraph (2). (2) Exception \nThe item included in the Preliminary Exchange Agreement among the City of Sulphur, the Chickasaw Nation, and the National Park Service, executed on July 16, 2002, providing for the Federal land to be taken into trust for the benefit of the Chickasaw Nation shall not apply.", "id": "H05E10E57509F44B995BCA6734427AD03", "header": "Conditions", "nested": [], "links": [] }, { "text": "(e) Administration of Acquired Land \nUpon completion of the land exchange authorized under subsection (a), the Secretary— (1) shall revise the boundary of Chickasaw National Recreation Area to reflect that exchange; and (2) shall administer the land acquired by the United States in accordance with applicable laws and regulations.", "id": "HBD3F372448684E4AB288BC77D266DF03", "header": "Administration of Acquired Land", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H8C4911294E854D570037479F0609F5FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Equal surety bond opportunity requirements \n(a) Activities constituting discrimination \nIt shall be unlawful for any surety to discriminate against any applicant, with respect to any aspect of a surety bond transaction— (1) on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, disability, or age (if the applicant has the capacity to contract); (2) because the applicant has in good faith exercised any right under this Act; (3) because the applicant previously obtained a bond through an individual or personal surety; or (4) because the applicant previously obtained a bond through— (A) any bonding assistance program expressly authorized by law; (B) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose bonding program offered by a profit-making organization to meet special needs. (b) Activities not constituting discrimination \nIt shall not constitute discrimination for purposes of this Act for a surety— (1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the surety’s rights and remedies applicable to the granting of a bond and not to discriminate in a determination of bondability; (2) to make an inquiry of the applicant’s age if such inquiry is for the purpose of determining the amount and probable continuance of bondability; or (3) to make an inquiry as to where the applicant has previously obtained a bond, in order to determine bonding history, or other pertinent element of bondability, except that an applicant may not be assigned a negative factor or value because the applicant previously obtained a bond through— (A) an individual or personal surety; (B) a bonding assistance program expressly authorized by law; (C) any bonding program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (D) any special purpose bonding program offered by a profit-making organization to meet special needs. (c) Additional activities not constituting discrimination \nIt is not a violation of this Act for a surety to refuse to issue a bond pursuant to— (1) any bonding assistance program authorized by law for an economically disadvantaged class of persons; (2) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (3) any special purpose bonding program offered by a profit-making organization to meet special needs; if such refusal is required by or made pursuant to such program. (d) Reasons for adverse action; procedure applicable; definition \n(1) Notice required \n(A) In general \nExcept as provided in subparagraph (B), any surety approved under section 9304 of title 31, United States Code, shall notify an applicant of the surety’s action on a completed application before the end of the 10-day period beginning on the date the application is filed with the surety. (B) Extension \nThe 10-day period referred to in subparagraph (A) may be extended an additional 10 days if the surety has not issued a bond to the applicant during the 1-year period ending on the date the application is filed with the surety. (2) Statement of reasons \n(A) In general \nEach applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the surety. (B) Acceptable forms of statement \nA surety satisfies the requirement established under subparagraph (A) by— (i) providing a statement of reasons in writing as a matter of course to applicants against whom adverse action is taken; or (ii) giving written notification of adverse action which discloses— (I) the applicant’s right to a statement of reasons within 30 days after receipt by the surety of a request made within 60 days after such notification; and (II) the identity of the person or office from which such statement may be obtained. (C) Oral statement permitted \nSuch statement may be given orally if the written notification advises the applicant of the applicant’s right to have the statement of reasons confirmed in writing on written request. (3) Specificity of reasons \nA statement of reasons meets the requirements of this Act only if it contains specific reasons for the adverse action taken. (4) Applicability in case of 3d party applications \nIn the case of a request to a surety by a third party to issue a bond directly or indirectly to an applicant, the notification and statement of reasons required by this section may be made directly by such surety, or indirectly through the third party, if the identity of the surety is disclosed to the applicant. (5) Applicability in case of sureties which accept few applications \nThe requirements of paragraph (2), (3), or (4) may be satisfied by oral statements or notifications in the case of any surety who did not act on more than 100 applications during the calendar year in which the adverse action is taken. (e) Adverse action defined \nFor purposes of this Act, the term adverse action — (1) means a denial of a bond, a change in the terms of an existing bonding arrangement, or a refusal to issue a bond in the amount or on substantially the terms requested; and (2) does not include any refusal to issue an additional bond under an existing bonding arrangement where the applicant is in default, or where such additional bond would exceed a previously established bonding limit.", "id": "H80C0D0FA6BEF42DCB430E2A07D40646D", "header": "Equal surety bond opportunity requirements", "nested": [ { "text": "(a) Activities constituting discrimination \nIt shall be unlawful for any surety to discriminate against any applicant, with respect to any aspect of a surety bond transaction— (1) on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, disability, or age (if the applicant has the capacity to contract); (2) because the applicant has in good faith exercised any right under this Act; (3) because the applicant previously obtained a bond through an individual or personal surety; or (4) because the applicant previously obtained a bond through— (A) any bonding assistance program expressly authorized by law; (B) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose bonding program offered by a profit-making organization to meet special needs.", "id": "HC820A0F614F346BDA6793084B8F09128", "header": "Activities constituting discrimination", "nested": [], "links": [] }, { "text": "(b) Activities not constituting discrimination \nIt shall not constitute discrimination for purposes of this Act for a surety— (1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the surety’s rights and remedies applicable to the granting of a bond and not to discriminate in a determination of bondability; (2) to make an inquiry of the applicant’s age if such inquiry is for the purpose of determining the amount and probable continuance of bondability; or (3) to make an inquiry as to where the applicant has previously obtained a bond, in order to determine bonding history, or other pertinent element of bondability, except that an applicant may not be assigned a negative factor or value because the applicant previously obtained a bond through— (A) an individual or personal surety; (B) a bonding assistance program expressly authorized by law; (C) any bonding program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (D) any special purpose bonding program offered by a profit-making organization to meet special needs.", "id": "H030C12F7373541A3BEAD7B47FB6BCCCD", "header": "Activities not constituting discrimination", "nested": [], "links": [] }, { "text": "(c) Additional activities not constituting discrimination \nIt is not a violation of this Act for a surety to refuse to issue a bond pursuant to— (1) any bonding assistance program authorized by law for an economically disadvantaged class of persons; (2) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (3) any special purpose bonding program offered by a profit-making organization to meet special needs; if such refusal is required by or made pursuant to such program.", "id": "H811413ED76984B18A2DCAC68835F00B5", "header": "Additional activities not constituting discrimination", "nested": [], "links": [] }, { "text": "(d) Reasons for adverse action; procedure applicable; definition \n(1) Notice required \n(A) In general \nExcept as provided in subparagraph (B), any surety approved under section 9304 of title 31, United States Code, shall notify an applicant of the surety’s action on a completed application before the end of the 10-day period beginning on the date the application is filed with the surety. (B) Extension \nThe 10-day period referred to in subparagraph (A) may be extended an additional 10 days if the surety has not issued a bond to the applicant during the 1-year period ending on the date the application is filed with the surety. (2) Statement of reasons \n(A) In general \nEach applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the surety. (B) Acceptable forms of statement \nA surety satisfies the requirement established under subparagraph (A) by— (i) providing a statement of reasons in writing as a matter of course to applicants against whom adverse action is taken; or (ii) giving written notification of adverse action which discloses— (I) the applicant’s right to a statement of reasons within 30 days after receipt by the surety of a request made within 60 days after such notification; and (II) the identity of the person or office from which such statement may be obtained. (C) Oral statement permitted \nSuch statement may be given orally if the written notification advises the applicant of the applicant’s right to have the statement of reasons confirmed in writing on written request. (3) Specificity of reasons \nA statement of reasons meets the requirements of this Act only if it contains specific reasons for the adverse action taken. (4) Applicability in case of 3d party applications \nIn the case of a request to a surety by a third party to issue a bond directly or indirectly to an applicant, the notification and statement of reasons required by this section may be made directly by such surety, or indirectly through the third party, if the identity of the surety is disclosed to the applicant. (5) Applicability in case of sureties which accept few applications \nThe requirements of paragraph (2), (3), or (4) may be satisfied by oral statements or notifications in the case of any surety who did not act on more than 100 applications during the calendar year in which the adverse action is taken.", "id": "H00F19BE2763445A69B275EC5EEF4674", "header": "Reasons for adverse action; procedure applicable; definition", "nested": [], "links": [ { "text": "section 9304", "legal-doc": "usc", "parsable-cite": "usc/31/9304" } ] }, { "text": "(e) Adverse action defined \nFor purposes of this Act, the term adverse action — (1) means a denial of a bond, a change in the terms of an existing bonding arrangement, or a refusal to issue a bond in the amount or on substantially the terms requested; and (2) does not include any refusal to issue an additional bond under an existing bonding arrangement where the applicant is in default, or where such additional bond would exceed a previously established bonding limit.", "id": "HD2546455563B4D2E8EBFE7F0CA2E32FD", "header": "Adverse action defined", "nested": [], "links": [] } ], "links": [ { "text": "section 9304", "legal-doc": "usc", "parsable-cite": "usc/31/9304" } ] }, { "text": "3. Civil liability \n(a) Damages \nAny surety who fails to comply with section 2(a) shall be liable to the aggrieved applicant for— (1) any actual damage sustained by such applicant (individually or as a member of a class); and (2) in the case of any successful action under this section, the costs of the action, together with reasonable attorney’s fees as determined by the court. (b) Equitable relief \nUpon application by an aggrieved applicant, a court of competent jurisdiction may enjoin a surety from violating the requirements of this Act or grant such other equitable relief as the court determines to be appropriate to enforce such requirements. (c) Jurisdiction \nAny action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within 1 year after the date of the occurrence of the violation involved.", "id": "H9336CC3740F944AABE6FB778E7250232", "header": "Civil liability", "nested": [ { "text": "(a) Damages \nAny surety who fails to comply with section 2(a) shall be liable to the aggrieved applicant for— (1) any actual damage sustained by such applicant (individually or as a member of a class); and (2) in the case of any successful action under this section, the costs of the action, together with reasonable attorney’s fees as determined by the court.", "id": "H188AF5D8B72F4B588933A08F72000026", "header": "Damages", "nested": [], "links": [] }, { "text": "(b) Equitable relief \nUpon application by an aggrieved applicant, a court of competent jurisdiction may enjoin a surety from violating the requirements of this Act or grant such other equitable relief as the court determines to be appropriate to enforce such requirements.", "id": "H1F0E20D2171B4F6CAC8E9CDA8DE6396", "header": "Equitable relief", "nested": [], "links": [] }, { "text": "(c) Jurisdiction \nAny action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within 1 year after the date of the occurrence of the violation involved.", "id": "H4BB4CC98ED524458A9A1095748D426F2", "header": "Jurisdiction", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Administrative enforcement \n(a) In general \nA company may not be approved as a surety by the Secretary of the Treasury under section 9304 of title 31, United States Code, or provide any surety bond pursuant to such section unless such company maintains full compliance with the requirements of this Act. (b) Requirements relating to enforceability of Act \n(1) Signed statement of compliance with application \nSection 9305(a) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a statement of compliance with the which is signed under penalty of perjury by the president and the secretary of the corporation.. (2) Compliance as a condition for approval of application \nSection 9305(b) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) the corporation is in full compliance with the.. (3) Signed statement of compliance with quarterly reports \nSection 9305(c) of title 31, United States Code, is amended by inserting and a statement of compliance with the before the period. (4) Enforcement authority of Secretary of the Treasury \nSection 9305(d) of title 31, United States Code, is amended— (A) in paragraph (1), by inserting or the provisions of the before the semicolon; (B) by striking and at the end of paragraph (2); (C) by striking the period at the end of paragraph (3) and inserting ; and ; and (D) by adding at the end the following new paragraph: (4) may, after the end of the 1-year period beginning on the effective date of any revocation under paragraph (1) of the authority of a surety corporation for noncompliance with the , reauthorize such corporation to provide surety bonds under section 9304.. (5) Revocation for failure to pay certain judgments \nSection 9305(e) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) the corporation does not pay a final judgment or order against the corporation for noncompliance with the or fails to comply with any order under section 3(c) of such Act;. (c) Technical and conforming amendment \nSection 9304(a)(3) of title 31, United States Code, is amended by inserting and section 4(a) of the before the period. (d) Regulations \n(1) In general \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this Act. (2) Initial regulations \nThe initial regulations prescribed pursuant to paragraph (1) shall take effect at the earliest practicable date after the date of the enactment of this Act and not later than the end of the 1-year period beginning on such date of enactment.", "id": "H5B16FA2E8F884951B6745DFD271D371F", "header": "Administrative enforcement", "nested": [ { "text": "(a) In general \nA company may not be approved as a surety by the Secretary of the Treasury under section 9304 of title 31, United States Code, or provide any surety bond pursuant to such section unless such company maintains full compliance with the requirements of this Act.", "id": "H4D68963AC9E64BBCB042801EA4E241BA", "header": "In general", "nested": [], "links": [ { "text": "section 9304", "legal-doc": "usc", "parsable-cite": "usc/31/9304" } ] }, { "text": "(b) Requirements relating to enforceability of Act \n(1) Signed statement of compliance with application \nSection 9305(a) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a statement of compliance with the which is signed under penalty of perjury by the president and the secretary of the corporation.. (2) Compliance as a condition for approval of application \nSection 9305(b) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) the corporation is in full compliance with the.. (3) Signed statement of compliance with quarterly reports \nSection 9305(c) of title 31, United States Code, is amended by inserting and a statement of compliance with the before the period. (4) Enforcement authority of Secretary of the Treasury \nSection 9305(d) of title 31, United States Code, is amended— (A) in paragraph (1), by inserting or the provisions of the before the semicolon; (B) by striking and at the end of paragraph (2); (C) by striking the period at the end of paragraph (3) and inserting ; and ; and (D) by adding at the end the following new paragraph: (4) may, after the end of the 1-year period beginning on the effective date of any revocation under paragraph (1) of the authority of a surety corporation for noncompliance with the , reauthorize such corporation to provide surety bonds under section 9304.. (5) Revocation for failure to pay certain judgments \nSection 9305(e) of title 31, United States Code, is amended— (A) by striking and at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: (2) the corporation does not pay a final judgment or order against the corporation for noncompliance with the or fails to comply with any order under section 3(c) of such Act;.", "id": "HBB428A51AA814120A719D080E78008E", "header": "Requirements relating to enforceability of Act", "nested": [], "links": [ { "text": "Section 9305(a)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(b)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(c)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(d)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(e)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" } ] }, { "text": "(c) Technical and conforming amendment \nSection 9304(a)(3) of title 31, United States Code, is amended by inserting and section 4(a) of the before the period.", "id": "H73F8143A62F1433D91D58342002B97F8", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "Section 9304(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/31/9304" } ] }, { "text": "(d) Regulations \n(1) In general \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this Act. (2) Initial regulations \nThe initial regulations prescribed pursuant to paragraph (1) shall take effect at the earliest practicable date after the date of the enactment of this Act and not later than the end of the 1-year period beginning on such date of enactment.", "id": "HB6AEAC98BACC4ED8895962BA9F642221", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "section 9304", "legal-doc": "usc", "parsable-cite": "usc/31/9304" }, { "text": "Section 9305(a)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(b)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(c)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(d)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9305(e)", "legal-doc": "usc", "parsable-cite": "usc/31/9305" }, { "text": "Section 9304(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/31/9304" } ] }, { "text": "5. Effective date \nSections 2(d) and 4(a) shall take effect on the earlier of— (1) the effective date of the initial regulations prescribed pursuant to section 4(d); or (2) the end of the 1-year period beginning on the date of the enactment of this Act.", "id": "H876858E5FB5942CB92D2B19BE1EADEDF", "header": "Effective date", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Justice for All Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Scott Cambell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act Sec. 101. Short title Sec. 102. Crime victims’ rights Sec. 103. Increased resources for enforcement of crime victims’ rights Sec. 104. Reports Title II—Debbie Smith Act of 2004 Sec. 201. Short title Sec. 202. Debbie Smith DNA Backlog Grant Program Sec. 203. Expansion of Combined DNA Index System Sec. 204. Tolling of statute of limitations Sec. 205. Legal assistance for victims of violence Sec. 206. Ensuring private laboratory assistance in eliminating DNA backlog Title III—DNA Sexual Assault Justice Act of 2004 Sec. 301. Short title Sec. 302. Ensuring public crime laboratory compliance with Federal standards Sec. 303. DNA training and education for law enforcement, correctional personnel, and court officers Sec. 304. Sexual assault forensic exam program grants Sec. 305. DNA research and development Sec. 306. National Forensic Science Commission Sec. 307. FBI DNA programs Sec. 308. DNA identification of missing persons Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information Sec. 310. Tribal coalition grants Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program Sec. 312. Report to Congress Title IV—Innocence Protection Act of 2004 Sec. 401. Short title Subtitle A—Exonerating the innocent through DNA testing Sec. 411. Federal post-conviction DNA testing Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program Sec. 413. Incentive grants to States to ensure consideration of claims of actual innocence Subtitle B—Improving the quality of representation in State capital cases Sec. 421. Capital representation improvement grants Sec. 422. Capital prosecution improvement grants Sec. 423. Applications Sec. 424. State reports Sec. 425. Evaluations by Inspector General and administrative remedies Sec. 426. Authorization of appropriations Subtitle C—Compensation for the wrongfully convicted Sec. 431. Increased compensation in Federal cases for the wrongfully convicted Sec. 432. Sense of Congress regarding compensation in State death penalty cases", "id": "H1483D4A7E8084F65B3C888B825B42FDF", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Justice for All Act of 2004.", "id": "HD97D8C11C6C4417AA1CDC9080637C37E", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Scott Cambell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act Sec. 101. Short title Sec. 102. Crime victims’ rights Sec. 103. Increased resources for enforcement of crime victims’ rights Sec. 104. Reports Title II—Debbie Smith Act of 2004 Sec. 201. Short title Sec. 202. Debbie Smith DNA Backlog Grant Program Sec. 203. Expansion of Combined DNA Index System Sec. 204. Tolling of statute of limitations Sec. 205. Legal assistance for victims of violence Sec. 206. Ensuring private laboratory assistance in eliminating DNA backlog Title III—DNA Sexual Assault Justice Act of 2004 Sec. 301. Short title Sec. 302. Ensuring public crime laboratory compliance with Federal standards Sec. 303. DNA training and education for law enforcement, correctional personnel, and court officers Sec. 304. Sexual assault forensic exam program grants Sec. 305. DNA research and development Sec. 306. National Forensic Science Commission Sec. 307. FBI DNA programs Sec. 308. DNA identification of missing persons Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information Sec. 310. Tribal coalition grants Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program Sec. 312. Report to Congress Title IV—Innocence Protection Act of 2004 Sec. 401. Short title Subtitle A—Exonerating the innocent through DNA testing Sec. 411. Federal post-conviction DNA testing Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program Sec. 413. Incentive grants to States to ensure consideration of claims of actual innocence Subtitle B—Improving the quality of representation in State capital cases Sec. 421. Capital representation improvement grants Sec. 422. Capital prosecution improvement grants Sec. 423. Applications Sec. 424. State reports Sec. 425. Evaluations by Inspector General and administrative remedies Sec. 426. Authorization of appropriations Subtitle C—Compensation for the wrongfully convicted Sec. 431. Increased compensation in Federal cases for the wrongfully convicted Sec. 432. Sense of Congress regarding compensation in State death penalty cases", "id": "H258B7B94220640F99F32004EA98BF75", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. Short title \nThis title may be cited as the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act.", "id": "H7FD96A41831A4E72B15B547394649792", "header": "Short title", "nested": [], "links": [] }, { "text": "102. Crime victims’ rights \n(a) Amendment to title 18 \nPart II of title 18, United States Code, is amended by adding at the end the following: 237 Crime victims’ rights \nSec 3771. Crime victims’ rights 3771. Crime victims’ rights \n(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. (e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.. (b) Table of chapters \nThe table of chapters for part II of title 18, United States Code, is amended by inserting at the end the following: 237. Crime victims’ rights 3771. (c) Repeal \nSection 502 of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10606 ) is repealed.", "id": "HFCF89527BE4B4277AAC39CE43743FFC9", "header": "Crime victims’ rights", "nested": [ { "text": "(a) Amendment to title 18 \nPart II of title 18, United States Code, is amended by adding at the end the following: 237 Crime victims’ rights \nSec 3771. Crime victims’ rights 3771. Crime victims’ rights \n(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. (e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant..", "id": "HBB230CA47BB743E70032D97EE15F31E7", "header": "Amendment to title 18", "nested": [], "links": [] }, { "text": "(b) Table of chapters \nThe table of chapters for part II of title 18, United States Code, is amended by inserting at the end the following: 237. Crime victims’ rights 3771.", "id": "H5195C35C9B94426E92098444B6B23BDB", "header": "Table of chapters", "nested": [], "links": [] }, { "text": "(c) Repeal \nSection 502 of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10606 ) is repealed.", "id": "HFC93D8B23662402DB5FF9B9D6BB8004B", "header": "Repeal", "nested": [], "links": [ { "text": "42 U.S.C. 10606", "legal-doc": "usc", "parsable-cite": "usc/42/10606" } ] } ], "links": [ { "text": "42 U.S.C. 10606", "legal-doc": "usc", "parsable-cite": "usc/42/10606" } ] }, { "text": "3771. Crime victims’ rights \n(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. (d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction. (e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.", "id": "H0489353C184F419BB618A9B21BF9A944", "header": "Crime victims’ rights", "nested": [ { "text": "(a) Rights of crime victims \nA crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any such public court proceeding, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding. (4) The right to be reasonably heard at any public proceeding involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.", "id": "H8D7B02D71842425CB0AD9FCE0050D290", "header": "Rights of crime victims", "nested": [], "links": [] }, { "text": "(b) Rights afforded \nIn any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before denying a crime victim the right described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.", "id": "H8A11A9FF03F2479BBAE9BE7C91E1AD30", "header": "Rights afforded", "nested": [], "links": [] }, { "text": "(c) Best efforts to accord rights \n(1) Government \nOfficers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). (2) Advice of attorney \nThe prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a). (3) Notice \nNotice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.", "id": "H75D0B41C03704FE08F697390FBDD00E8", "header": "Best efforts to accord rights", "nested": [], "links": [] }, { "text": "(d) Enforcement and limitations \n(1) Rights \nThe crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) Multiple crime victims \nIn a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings. (3) Motion for relief and writ of mandamus \nThe rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide such motion forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five day, or affect the defendant's right to a speedy trial, for purposes of enforcing this chapter. (4) Error \nIn any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates. (5) Limitation on relief \nIn no case shall a failure to afford a right under this chapter provide grounds for a new trial, or to reopen a plea or a sentence, except in the case of restitution as provided in title 18. (6) No cause of action \nNothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.", "id": "H3C80045C030F43FDB6FA00C81CBCC512", "header": "Enforcement and limitations", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor the purposes of this chapter, the term crime victim means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative.", "id": "H577A804E0B1B4EE7963B7B977F813C26", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Procedures to promote compliance \n(1) Regulations \nNot later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims. (2) Contents \nThe regulations promulgated under paragraph (1) shall— (A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims; (C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and (D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.", "id": "H72BB4DCAAF3D4D9C0082D79FF095E8F4", "header": "Procedures to promote compliance", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Increased resources for enforcement of crime victims’ rights \n(a) Crime victims legal assistance grants \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404C the following: 1404D. Crime victims legal assistance grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law. (b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.. (b) Authorization of appropriations \nIn addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this title— (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs; (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System; (3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of organizations as designated under paragraph (4); (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of organizations that provide legal counsel and support services for victims in criminal cases for the enforcement of crime victims’ rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; and (5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of— (A) training and technical assistance to States and tribal jurisdictions to craft state-of-the-art victims’ rights laws; and (B) training and technical assistance to States and tribal jurisdictions to design a variety of compliance systems, which shall include an evaluation component. (c) Increased resources to develop state-of-the-art systems for notifying crime victims of important dates and developments \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404D the following: 1404E. Crime victims notification grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. (b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation..", "id": "H4F71EF94726643FE003C1C80FF1230DA", "header": "Increased resources for enforcement of crime victims’ rights", "nested": [ { "text": "(a) Crime victims legal assistance grants \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404C the following: 1404D. Crime victims legal assistance grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law. (b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation..", "id": "H1A5F0F7CD468490B994C62B37EB03473", "header": "Crime victims legal assistance grants", "nested": [], "links": [ { "text": "42 U.S.C. 10601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10601" } ] }, { "text": "(b) Authorization of appropriations \nIn addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this title— (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs; (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System; (3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of organizations as designated under paragraph (4); (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of organizations that provide legal counsel and support services for victims in criminal cases for the enforcement of crime victims’ rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; and (5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of— (A) training and technical assistance to States and tribal jurisdictions to craft state-of-the-art victims’ rights laws; and (B) training and technical assistance to States and tribal jurisdictions to design a variety of compliance systems, which shall include an evaluation component.", "id": "H003CE3C2F33B4F8188186DEE55DF027D", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "(c) Increased resources to develop state-of-the-art systems for notifying crime victims of important dates and developments \nThe Victims of Crime Act of 1984 ( 42 U.S.C. 10601 et seq. ) is amended by inserting after section 1404D the following: 1404E. Crime victims notification grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. (b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation..", "id": "H4F9FACC5D341416FB4EF9D1200035F68", "header": "Increased resources to develop state-of-the-art systems for notifying crime victims of important dates and developments", "nested": [], "links": [ { "text": "42 U.S.C. 10601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10601" }, { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] } ], "links": [ { "text": "42 U.S.C. 10601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10601" }, { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" }, { "text": "42 U.S.C. 10601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/10601" }, { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "1404D. Crime victims legal assistance grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law. (b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "H3543344C55124298958EB296D5EDA3A3", "header": "Crime victims legal assistance grants", "nested": [ { "text": "(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law.", "id": "H0080C47D73B04B288E3F6E941FFAC585", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition \nGrant amounts under this section may not be used to bring a cause of action for damages.", "id": "H4C1DA65430EE4E83946FC500B8F7209C", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(c) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "H5535D611D2AA46270028D808B48D7369", "header": "False Claims Act", "nested": [], "links": [] } ], "links": [] }, { "text": "1404E. Crime victims notification grants \n(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code. (b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant. (c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009. (d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "H731157DCC247468697EFE2BBC4AAE032", "header": "Crime victims notification grants", "nested": [ { "text": "(a) In general \nThe Director may make grants as provided in section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code.", "id": "HC4643CBC084846B09528AAC192CDB972", "header": "In general", "nested": [], "links": [ { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "(b) Integration of systems \nSystems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant.", "id": "H940436E47D864EB100D10103FA7825A8", "header": "Integration of systems", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nIn addition to funds made available under section 1402(d), there are authorized to be appropriated to carry out this section— (1) $5,000,000 for fiscal year 2005; and (2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009.", "id": "H6F43B5789B9E41518C1BB8F7960085F8", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(d) False Claims Act \nNotwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act ), may be used for grants under this section, subject to appropriation.", "id": "HDEA6F4C03CFB433E84A158EEF2F725EB", "header": "False Claims Act", "nested": [], "links": [] } ], "links": [ { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "104. Reports \n(a) Administrative Office of the United States Courts \nNot later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached. (b) Government Accountability Office \n(1) Study \nThe Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this title on the treatment of crime victims in the Federal system. (2) Report \nNot later than 4 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees a report containing the results of the study conducted under subsection (a).", "id": "H08BE697E6B1842AE8EF8C6513851E02C", "header": "Reports", "nested": [ { "text": "(a) Administrative Office of the United States Courts \nNot later than 1 year after the date of enactment of this Act and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached.", "id": "H3407851CC1394C33B7F2B6243DC7C2E4", "header": "Administrative Office of the United States Courts", "nested": [], "links": [ { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" }, { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "(b) Government Accountability Office \n(1) Study \nThe Comptroller General shall conduct a study that evaluates the effect and efficacy of the implementation of the amendments made by this title on the treatment of crime victims in the Federal system. (2) Report \nNot later than 4 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees a report containing the results of the study conducted under subsection (a).", "id": "HF6507EC8FDC540AB84A3328B4FDD42CE", "header": "Government Accountability Office", "nested": [], "links": [] } ], "links": [ { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" }, { "text": "chapter 237", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/237" } ] }, { "text": "201. Short title \nThis title may be cited as the Debbie Smith Act of 2004.", "id": "H481F6918B6CE4D9189A8638D4B970144", "header": "Short title", "nested": [], "links": [] }, { "text": "202. Debbie Smith DNA Backlog Grant Program \n(a) Designation of program; eligibility of local governments as grantees \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) by amending the heading to read as follows: 2. The Debbie Smith DNA Backlog Grant Program \n; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting or units of local government after eligible States ; and (ii) by inserting or unit of local government after State ; (B) in paragraph (2), by inserting before the period at the end the following: , including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect ; and (C) in paragraph (3), by striking within the State ; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting or unit of local government after State both places that term appears; and (ii) by inserting , as required by the Attorney General after application shall ; (B) in paragraph (1), by inserting or unit of local government after State ; (C) in paragraph (3), by inserting or unit of local government after State the first place that term appears; (D) in paragraph (4)— (i) by inserting or unit of local government after State ; and (ii) by striking and at the end; (E) in paragraph (5)— (i) by inserting or unit of local government after State ; and (ii) by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and ; (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking The plan and inserting A plan pursuant to subsection (b)(1) ; (ii) in subparagraph (A), by striking within the State ; and (iii) in subparagraph (B), by striking within the State ; and (B) in paragraph (2)(A), by inserting and units of local government after States ; (5) in subsection (e)— (A) in paragraph (1), by inserting or local government after State both places that term appears; and (B) in paragraph (2), by inserting or unit of local government after State ; (6) in subsection (f), in the matter preceding paragraph (1), by inserting or unit of local government after State ; (7) in subsection (g)— (A) in paragraph (1), by inserting or unit of local government after State ; and (B) in paragraph (2), by inserting or units of local government after States ; and (8) in subsection (h), by inserting or unit of local government after State both places that term appears. (b) Reauthorization and expansion of program \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting (1) or before (2) ; and (B) by inserting at the end the following: (4) To collect DNA samples specified in paragraph (1). (5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner. ; (2) in subsection (b), as amended by this section, by inserting at the end the following: (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4). ; (3) by amending subsection (c) to read as follows: (c) Formula for distribution of grants \n(1) In general \nThe Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that— (A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and (B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering— (i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction; (ii) the population in the jurisdiction; and (iii) the number of part 1 violent crimes in the jurisdiction. (2) Minimum amount \nThe Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation. (3) Limitation \nGrant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations: (A) For fiscal year 2005, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (E) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). ; (4) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety. ; (5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following: (1) $151,000,000 for fiscal year 2005; (2) $151,000,000 for fiscal year 2006; (3) $151,000,000 for fiscal year 2007; (4) $151,000,000 for fiscal year 2008; and (5) $151,000,000 for fiscal year 2009. ; and (6) by adding at the end the following: (k) Use of funds for accreditation and audits \nThe Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)— (1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation; (2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community— (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards; (B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and (C) to support future capacity building efforts; and (3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System. (l) External audits and remedial efforts \nIn the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable..", "id": "H0F46296A6ED044C6B5F007F6C304254F", "header": "Debbie Smith DNA Backlog Grant Program", "nested": [ { "text": "(a) Designation of program; eligibility of local governments as grantees \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) by amending the heading to read as follows: 2. The Debbie Smith DNA Backlog Grant Program \n; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting or units of local government after eligible States ; and (ii) by inserting or unit of local government after State ; (B) in paragraph (2), by inserting before the period at the end the following: , including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect ; and (C) in paragraph (3), by striking within the State ; (3) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting or unit of local government after State both places that term appears; and (ii) by inserting , as required by the Attorney General after application shall ; (B) in paragraph (1), by inserting or unit of local government after State ; (C) in paragraph (3), by inserting or unit of local government after State the first place that term appears; (D) in paragraph (4)— (i) by inserting or unit of local government after State ; and (ii) by striking and at the end; (E) in paragraph (5)— (i) by inserting or unit of local government after State ; and (ii) by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and ; (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking The plan and inserting A plan pursuant to subsection (b)(1) ; (ii) in subparagraph (A), by striking within the State ; and (iii) in subparagraph (B), by striking within the State ; and (B) in paragraph (2)(A), by inserting and units of local government after States ; (5) in subsection (e)— (A) in paragraph (1), by inserting or local government after State both places that term appears; and (B) in paragraph (2), by inserting or unit of local government after State ; (6) in subsection (f), in the matter preceding paragraph (1), by inserting or unit of local government after State ; (7) in subsection (g)— (A) in paragraph (1), by inserting or unit of local government after State ; and (B) in paragraph (2), by inserting or units of local government after States ; and (8) in subsection (h), by inserting or unit of local government after State both places that term appears.", "id": "H7BAED50108E84073B7366597615E914E", "header": "Designation of program; eligibility of local governments as grantees", "nested": [], "links": [ { "text": "42 U.S.C. 14135", "legal-doc": "usc", "parsable-cite": "usc/42/14135" } ] }, { "text": "(b) Reauthorization and expansion of program \nSection 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting (1) or before (2) ; and (B) by inserting at the end the following: (4) To collect DNA samples specified in paragraph (1). (5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner. ; (2) in subsection (b), as amended by this section, by inserting at the end the following: (7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4). ; (3) by amending subsection (c) to read as follows: (c) Formula for distribution of grants \n(1) In general \nThe Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that— (A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and (B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering— (i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction; (ii) the population in the jurisdiction; and (iii) the number of part 1 violent crimes in the jurisdiction. (2) Minimum amount \nThe Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation. (3) Limitation \nGrant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations: (A) For fiscal year 2005, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). (E) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). ; (4) in subsection (g)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety. ; (5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following: (1) $151,000,000 for fiscal year 2005; (2) $151,000,000 for fiscal year 2006; (3) $151,000,000 for fiscal year 2007; (4) $151,000,000 for fiscal year 2008; and (5) $151,000,000 for fiscal year 2009. ; and (6) by adding at the end the following: (k) Use of funds for accreditation and audits \nThe Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)— (1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation; (2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community— (A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards; (B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and (C) to support future capacity building efforts; and (3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System. (l) External audits and remedial efforts \nIn the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable..", "id": "H5FDD8657900640ADBE006C7CF0D0B3BC", "header": "Reauthorization and expansion of program", "nested": [], "links": [ { "text": "42 U.S.C. 14135", "legal-doc": "usc", "parsable-cite": "usc/42/14135" } ] } ], "links": [ { "text": "42 U.S.C. 14135", "legal-doc": "usc", "parsable-cite": "usc/42/14135" }, { "text": "42 U.S.C. 14135", "legal-doc": "usc", "parsable-cite": "usc/42/14135" } ] }, { "text": "2. The Debbie Smith DNA Backlog Grant Program", "id": "H1D95D039C3404863B3D54D707B23E42", "header": "The Debbie Smith DNA Backlog Grant Program", "nested": [], "links": [] }, { "text": "203. Expansion of Combined DNA Index System \n(a) Inclusion of all DNA samples from States \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended— (1) in subsection (a)(1), by striking of persons convicted of crimes; and inserting the following: of— (A) persons convicted of crimes; (B) persons who have been indicted or who have waived indictment for a crime; and (C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA profiles from arrestees who have not been indicted and DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the Combined DNA Index System; ; and (2) in subsection (d)(2)— (A) by striking “if the responsible agency” and inserting if— (i) the responsible agency ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.. (b) Felons convicted of Federal crimes \nSection 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) ) is amended to read as follows: (d) Qualifying Federal offenses \nThe offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: (1) Any felony. (2) Any offense under chapter 109A of title 18, United States Code. (3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). (4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).. (c) Military offenses \nSection 1565(d) of title 10, United States Code, is amended to read as follows: (d) Qualifying military offenses \nThe offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. (2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) )).. (d) Keyboard searches \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ), as amended by subsection (a), is further amended by adding at the end the following new subsection: (e) Authority for keyboard searches \n(1) In general \nThe Director shall ensure that any person who is authorized to access the index described in subsection (a) for purposes of including information on DNA identification records or DNA analyses in that index may also access that index for purposes of carrying out a one-time keyboard search on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample voluntarily submitted solely for elimination purposes. (2) Definition \nFor purposes of paragraph (1), the term keyboard search means a search under which information obtained from a DNA sample is compared with information in the index without resulting in the information obtained from a DNA sample being included in the index. (3) No preemption \nThis subsection shall not be construed to preempt State law..", "id": "HDB9A3969B49E4035B3EC01A02C2B2214", "header": "Expansion of Combined DNA Index System", "nested": [ { "text": "(a) Inclusion of all DNA samples from States \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended— (1) in subsection (a)(1), by striking of persons convicted of crimes; and inserting the following: of— (A) persons convicted of crimes; (B) persons who have been indicted or who have waived indictment for a crime; and (C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA profiles from arrestees who have not been indicted and DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the Combined DNA Index System; ; and (2) in subsection (d)(2)— (A) by striking “if the responsible agency” and inserting if— (i) the responsible agency ; (B) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal..", "id": "HFB28223698FF4445BD5033934D7FCF3D", "header": "Inclusion of all DNA samples from States", "nested": [], "links": [ { "text": "42 U.S.C. 14132", "legal-doc": "usc", "parsable-cite": "usc/42/14132" } ] }, { "text": "(b) Felons convicted of Federal crimes \nSection 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) ) is amended to read as follows: (d) Qualifying Federal offenses \nThe offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: (1) Any felony. (2) Any offense under chapter 109A of title 18, United States Code. (3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). (4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3)..", "id": "HF36EF26101CC44F9BBEDA40023BF13A8", "header": "Felons convicted of Federal crimes", "nested": [], "links": [ { "text": "42 U.S.C. 14135a(d)", "legal-doc": "usc", "parsable-cite": "usc/42/14135a" }, { "text": "chapter 109A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/109A" }, { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] }, { "text": "(c) Military offenses \nSection 1565(d) of title 10, United States Code, is amended to read as follows: (d) Qualifying military offenses \nThe offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: (1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed. (2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135a(d) ))..", "id": "H926A8D52DE2745A085C0E8672EB8C991", "header": "Military offenses", "nested": [], "links": [ { "text": "Section 1565(d)", "legal-doc": "usc", "parsable-cite": "usc/10/1565" }, { "text": "42 U.S.C. 14135a(d)", "legal-doc": "usc", "parsable-cite": "usc/42/14135a" } ] }, { "text": "(d) Keyboard searches \nSection 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ), as amended by subsection (a), is further amended by adding at the end the following new subsection: (e) Authority for keyboard searches \n(1) In general \nThe Director shall ensure that any person who is authorized to access the index described in subsection (a) for purposes of including information on DNA identification records or DNA analyses in that index may also access that index for purposes of carrying out a one-time keyboard search on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample voluntarily submitted solely for elimination purposes. (2) Definition \nFor purposes of paragraph (1), the term keyboard search means a search under which information obtained from a DNA sample is compared with information in the index without resulting in the information obtained from a DNA sample being included in the index. (3) No preemption \nThis subsection shall not be construed to preempt State law..", "id": "H28113A178E0A4C198DC06C9BAAA131C0", "header": "Keyboard searches", "nested": [], "links": [ { "text": "42 U.S.C. 14132", "legal-doc": "usc", "parsable-cite": "usc/42/14132" } ] } ], "links": [ { "text": "42 U.S.C. 14132", "legal-doc": "usc", "parsable-cite": "usc/42/14132" }, { "text": "42 U.S.C. 14135a(d)", "legal-doc": "usc", "parsable-cite": "usc/42/14135a" }, { "text": "chapter 109A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/109A" }, { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" }, { "text": "Section 1565(d)", "legal-doc": "usc", "parsable-cite": "usc/10/1565" }, { "text": "42 U.S.C. 14135a(d)", "legal-doc": "usc", "parsable-cite": "usc/42/14135a" }, { "text": "42 U.S.C. 14132", "legal-doc": "usc", "parsable-cite": "usc/42/14132" } ] }, { "text": "204. Tolling of statute of limitations \n(a) In general \nChapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence \nIn a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.. (b) Clerical amendment \nThe table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence. (c) Application \nThe amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.", "id": "H262D2F7B1A11495299B37E0006176933", "header": "Tolling of statute of limitations", "nested": [ { "text": "(a) In general \nChapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence \nIn a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period..", "id": "HB388F71FC5D7437CB33D3B07B5C68F21", "header": "In general", "nested": [], "links": [ { "text": "Chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3297. Cases involving DNA evidence.", "id": "H73BE9E4D45684B59BDE76346425CAC87", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" } ] }, { "text": "(c) Application \nThe amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.", "id": "HF99411BDF1104F668770753CC51CE724", "header": "Application", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" }, { "text": "chapter 213", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/213" } ] }, { "text": "3297. Cases involving DNA evidence \nIn a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.", "id": "H3D6218D18E7041549270188CB265EBDB", "header": "Cases involving DNA evidence", "nested": [], "links": [] }, { "text": "205. Legal assistance for victims of violence \nSection 1201 of the Violence Against Women Act of 2000 ( 42 U.S.C. 3796gg–6 ) is amended— (1) in subsection (a), by inserting dating violence, after domestic violence, ; (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) Dating violence \nThe term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. ; and (C) in paragraph (3), as redesignated by subparagraph (A), by inserting dating violence, after domestic violence, ; (3) in subsection (c)— (A) in paragraph (1)— (i) by inserting , dating violence, after between domestic violence ; and (ii) by inserting dating violence, after victims of domestic violence, ; (B) in paragraph (2), by inserting dating violence, after domestic violence, ; and (C) in paragraph (3), by inserting dating violence, after domestic violence, ; (4) in subsection (d)— (A) in paragraph (1), by inserting , dating violence, after domestic violence ; (B) in paragraph (2), by inserting , dating violence, after domestic violence ; (C) in paragraph (3), by inserting , dating violence, after domestic violence ; and (D) in paragraph (4), by inserting dating violence, after domestic violence, ; (5) in subsection (e), by inserting dating violence, after domestic violence, ; and (6) in subsection (f)(2)(A), by inserting dating violence, after domestic violence,.", "id": "HCDB00D1087BE417C002BF1C99242BA88", "header": "Legal assistance for victims of violence", "nested": [], "links": [ { "text": "42 U.S.C. 3796gg–6", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg-6" } ] }, { "text": "206. Ensuring private laboratory assistance in eliminating DNA backlog \nSection 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(d)(3) ) is amended to read as follows: (3) Use of vouchers or contracts for certain purposes \n(A) In general \nA grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services. (B) Redemption \nA voucher or contract under subparagraph (A) may be redeemed at a laboratory operated by a private entity that satisfies quality assurance standards and has been approved by the Attorney General. (C) Payments \nThe Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B)..", "id": "H731307248A3F47A3B3F111D8DDFE617D", "header": "Ensuring private laboratory assistance in eliminating DNA backlog", "nested": [], "links": [ { "text": "42 U.S.C. 14135(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/14135" } ] }, { "text": "301. Short title \nThis title may be cited as the DNA Sexual Assault Justice Act of 2004.", "id": "H24969241D34E4C989717E618F2707C7F", "header": "Short title", "nested": [], "links": [] }, { "text": "302. Ensuring public crime laboratory compliance with Federal standards \nSection 210304(b)(2) of the DNA Identification Act of 1994 ( 42 U.S.C. 14132(b)(2) ) is amended to read as follows: (2) prepared by laboratories that— (A) not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2004 , have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and (B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and.", "id": "H8CBA340C1D804473B66E76F013062D00", "header": "Ensuring public crime laboratory compliance with Federal standards", "nested": [], "links": [ { "text": "42 U.S.C. 14132(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/14132" } ] }, { "text": "303. DNA training and education for law enforcement, correctional personnel, and court officers \n(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence. (b) Eligible entity \nFor purposes of subsection (a), an eligible entity is an organization consisting of, comprised of, or representing— (1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime; (2) court officers, including State and local prosecutors, defense lawyers, and judges; (3) forensic science professionals; and (4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision. (c) Authorization of appropriations \nThere are authorized to be appropriated $12,500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H8A51FFFCDAB6460F9715EDD7B361CD88", "header": "DNA training and education for law enforcement, correctional personnel, and court officers", "nested": [ { "text": "(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence.", "id": "H7271AE1AA4C3465989579FA8F4605800", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible entity \nFor purposes of subsection (a), an eligible entity is an organization consisting of, comprised of, or representing— (1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime; (2) court officers, including State and local prosecutors, defense lawyers, and judges; (3) forensic science professionals; and (4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.", "id": "H2F020523428140439E2DCE7C9C4FF821", "header": "Eligible entity", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated $12,500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H87DD40AF6B31427F8E009441F879BFF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "304. Sexual assault forensic exam program grants \n(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team). (b) Eligible entity \nFor purposes of this section, the term eligible entity includes— (1) States; (2) units of local government; and (3) sexual assault examination programs, including— (A) sexual assault nurse examiner (SANE) programs; (B) sexual assault forensic examiner (SAFE) programs; (C) sexual assault response team (SART) programs; (D) State sexual assault coalitions; (E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and (F) victim service providers involved in treating victims of sexual assault. (c) Authorization of appropriations \nThere are authorized to be appropriated $30,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H6D0BCF301E4C48D6B5AC6E0022DF3824", "header": "Sexual assault forensic exam program grants", "nested": [ { "text": "(a) In general \nThe Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).", "id": "H315373C9D4694ABAB5964D5FEC8D2F5E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible entity \nFor purposes of this section, the term eligible entity includes— (1) States; (2) units of local government; and (3) sexual assault examination programs, including— (A) sexual assault nurse examiner (SANE) programs; (B) sexual assault forensic examiner (SAFE) programs; (C) sexual assault response team (SART) programs; (D) State sexual assault coalitions; (E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and (F) victim service providers involved in treating victims of sexual assault.", "id": "H8FE9E490B43E4086A782C300DA224C01", "header": "Eligible entity", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated $30,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H2DF12EBA4D1F40C2A7C1E1FBD06E230", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "305. DNA research and development \n(a) Improving DNA technology \nThe Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability. (b) Demonstration projects \nThe Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence. (c) Authorization of appropriations \nThere are authorized to be appropriated $15,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H212B977BD5F34F5DB565D209485468A1", "header": "DNA research and development", "nested": [ { "text": "(a) Improving DNA technology \nThe Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.", "id": "H93EE31057EC64BCBA5EE2D6EC7DF3A3", "header": "Improving DNA technology", "nested": [], "links": [] }, { "text": "(b) Demonstration projects \nThe Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.", "id": "HEE19D62B1F6F47FB8B1F3867C3BFD52", "header": "Demonstration projects", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated $15,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H9CA1EA7D2ABC417894A484C52E16AEE4", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "306. National Forensic Science Commission \n(a) Appointment \nThe Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the Commission ), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b). (b) Responsibilities \nThe Commission shall— (1) assess the present and future resource needs of the forensic science community; (2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public; (3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public; (4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories; (5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public; (6) examine additional issues pertaining to forensic science as requested by the Attorney General; (7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient; (8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure— (A) the appropriate use and dissemination of DNA information; (B) the accuracy, security, and confidentiality of DNA information; (C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and (D) that any other necessary measures are taken to protect privacy; and (9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8). (c) Personnel; procedures \nThe Attorney General shall— (1) designate the Chair of the Commission from among its members; (2) designate any necessary staff to assist in carrying out the functions of the Commission; and (3) establish procedures and guidelines for the operations of the Commission. (d) Authorization of appropriations \nThere are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H159F8D978B8D496D9340BDD2FD4F647", "header": "National Forensic Science Commission", "nested": [ { "text": "(a) Appointment \nThe Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the Commission ), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).", "id": "H34900A3B176C49A7BE007EE74D9377FB", "header": "Appointment", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Commission shall— (1) assess the present and future resource needs of the forensic science community; (2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public; (3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public; (4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories; (5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public; (6) examine additional issues pertaining to forensic science as requested by the Attorney General; (7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient; (8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure— (A) the appropriate use and dissemination of DNA information; (B) the accuracy, security, and confidentiality of DNA information; (C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and (D) that any other necessary measures are taken to protect privacy; and (9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).", "id": "HF7BA6F9BE68E4E40A2A776E47F238D2E", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Personnel; procedures \nThe Attorney General shall— (1) designate the Chair of the Commission from among its members; (2) designate any necessary staff to assist in carrying out the functions of the Commission; and (3) establish procedures and guidelines for the operations of the Commission.", "id": "H03AEA843224D49B89FF92D6C50C66819", "header": "Personnel; procedures", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H592418D76C99476D8167E7FA2F87F2B4", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "307. FBI DNA programs \n(a) Authorization of appropriations \nThere are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of fiscal years 2005 through 2009 to carry out the DNA programs and activities described under subsection (b). (b) Programs and activities \nThe Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for— (1) nuclear DNA analysis; (2) mitochondrial DNA analysis; (3) regional mitochondrial DNA laboratories; (4) the Combined DNA Index System; (5) the Federal Convicted Offender DNA Program; and (6) DNA research and development.", "id": "H7730BE7BCE4E484889F8B7D8210076BF", "header": "FBI DNA programs", "nested": [ { "text": "(a) Authorization of appropriations \nThere are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of fiscal years 2005 through 2009 to carry out the DNA programs and activities described under subsection (b).", "id": "HB0AF46937EF349D48BAEB4595606E6F6", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Programs and activities \nThe Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for— (1) nuclear DNA analysis; (2) mitochondrial DNA analysis; (3) regional mitochondrial DNA laboratories; (4) the Combined DNA Index System; (5) the Federal Convicted Offender DNA Program; and (6) DNA research and development.", "id": "H9B66DE55FEFC42369159C70055D76FC5", "header": "Programs and activities", "nested": [], "links": [] } ], "links": [] }, { "text": "308. DNA identification of missing persons \n(a) In general \nThe Attorney General shall make grants to States and units of local government to promote the use of forensic DNA technology to identify missing persons and unidentified human remains. (b) Authorization of appropriations \nThere are authorized to be appropriated $2,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "H3627FD9D694B4B5691A7C4244627B3E", "header": "DNA identification of missing persons", "nested": [ { "text": "(a) In general \nThe Attorney General shall make grants to States and units of local government to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.", "id": "H9101B4A23C05441BA4AFD35DA3E9ECBE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated $2,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "HA9ABABA14440489291FF40BE00C1803F", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "309. Enhanced criminal penalties for unauthorized disclosure or use of DNA information \nSection 10(c) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135e(c) ) is amended to read as follows: (c) Criminal penalty \nA person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $100,000. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection..", "id": "HF8E1864941964D27A337F69969F0949E", "header": "Enhanced criminal penalties for unauthorized disclosure or use of DNA information", "nested": [], "links": [ { "text": "42 U.S.C. 14135e(c)", "legal-doc": "usc", "parsable-cite": "usc/42/14135e" } ] }, { "text": "310. Tribal coalition grants \n(a) In general \nSection 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg ) is amended by adding at the end the following: (d) Tribal coalition grants \n(1) Purpose \nThe Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of— (A) increasing awareness of domestic violence and sexual assault against Indian women; (B) enhancing the response to violence against Indian women at the tribal, Federal, and State levels; and (C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence. (2) Grants to tribal coalitions \nThe Attorney General shall award grants under paragraph (1) to— (A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and (B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic violence and sexual assault against Indian women. (3) Eligibility for other grants \nReceipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b).. (b) Technical amendment \nEffective as of November 2, 2002, and as if included therein as enacted, Public Law 107–273 (116 Stat. 1789) is amended in section 402(2) by striking sections 2006 through 2011 and inserting sections 2007 through 2011. (c) Amounts \nSection 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 402(2) of Public Law 107–273 , as amended by subsection (b)) is amended by amending subsection (b)(4) ( 42 U.S.C. 3796gg–1(b)(4) ) to read as follows: (4) 1/54 shall be available for grants under section 2001(d);.", "id": "H2604CC1AF9D348088B201BBD749BDD25", "header": "Tribal coalition grants", "nested": [ { "text": "(a) In general \nSection 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg ) is amended by adding at the end the following: (d) Tribal coalition grants \n(1) Purpose \nThe Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of— (A) increasing awareness of domestic violence and sexual assault against Indian women; (B) enhancing the response to violence against Indian women at the tribal, Federal, and State levels; and (C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence. (2) Grants to tribal coalitions \nThe Attorney General shall award grants under paragraph (1) to— (A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and (B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic violence and sexual assault against Indian women. (3) Eligibility for other grants \nReceipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b)..", "id": "H074A731844DA43A6B39EFE5BE1F00CF", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 3796gg", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg" } ] }, { "text": "(b) Technical amendment \nEffective as of November 2, 2002, and as if included therein as enacted, Public Law 107–273 (116 Stat. 1789) is amended in section 402(2) by striking sections 2006 through 2011 and inserting sections 2007 through 2011.", "id": "H9560F097D82F45C78CF3AB9F35E9F38B", "header": "Technical amendment", "nested": [], "links": [ { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" } ] }, { "text": "(c) Amounts \nSection 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (as redesignated by section 402(2) of Public Law 107–273 , as amended by subsection (b)) is amended by amending subsection (b)(4) ( 42 U.S.C. 3796gg–1(b)(4) ) to read as follows: (4) 1/54 shall be available for grants under section 2001(d);.", "id": "H8B3A45675FDA475483647716FCA96DB4", "header": "Amounts", "nested": [], "links": [ { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" }, { "text": "42 U.S.C. 3796gg–1(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg-1" } ] } ], "links": [ { "text": "42 U.S.C. 3796gg", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg" }, { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" }, { "text": "Public Law 107–273", "legal-doc": "public-law", "parsable-cite": "pl/107/273" }, { "text": "42 U.S.C. 3796gg–1(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg-1" } ] }, { "text": "311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program \n(a) Forensic backlog elimination grants \nSection 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797m ) is amended— (1) in subsection (a)— (A) by striking shall use the grant to carry out and inserting shall use the grant to do any one or more of the following: (1) To carry out ; and (B) by adding at the end the following: (2) To eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence. (3) To train, assist, and employ forensic laboratory personnel, as needed, to eliminate such a backlog. ; (2) in subsection (b), by striking under this part and inserting for the purpose set forth in subsection (a)(1) ; and (3) by adding at the end the following: (e) Backlog defined \nFor purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence— (1) has been stored in a laboratory, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility; and (2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel.. (b) External audits \nSection 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797k ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount.. (c) Three-year extension of authorization of appropriations \nSection 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(24) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (G) $20,000,000 for fiscal year 2007; (H) $20,000,000 for fiscal year 2008; and (I) $20,000,000 for fiscal year 2009.. (d) Technical amendment \nSection 1001(a) of such Act, as amended by subsection (c), is further amended by realigning paragraphs (24) and (25) so as to be flush with the left margin.", "id": "H1A242A28F09A45178008E65F66BA153F", "header": "Expansion of Paul Coverdell Forensic Sciences Improvement Grant Program", "nested": [ { "text": "(a) Forensic backlog elimination grants \nSection 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797m ) is amended— (1) in subsection (a)— (A) by striking shall use the grant to carry out and inserting shall use the grant to do any one or more of the following: (1) To carry out ; and (B) by adding at the end the following: (2) To eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence. (3) To train, assist, and employ forensic laboratory personnel, as needed, to eliminate such a backlog. ; (2) in subsection (b), by striking under this part and inserting for the purpose set forth in subsection (a)(1) ; and (3) by adding at the end the following: (e) Backlog defined \nFor purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence— (1) has been stored in a laboratory, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility; and (2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel..", "id": "HF6B8D6419F22436E8EEC43B0D7E877AE", "header": "Forensic backlog elimination grants", "nested": [], "links": [ { "text": "42 U.S.C. 3797m", "legal-doc": "usc", "parsable-cite": "usc/42/3797m" } ] }, { "text": "(b) External audits \nSection 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797k ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount..", "id": "H32357ED86CEA46FD99BBED3C7B2D00A4", "header": "External audits", "nested": [], "links": [ { "text": "42 U.S.C. 3797k", "legal-doc": "usc", "parsable-cite": "usc/42/3797k" } ] }, { "text": "(c) Three-year extension of authorization of appropriations \nSection 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(24) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (G) $20,000,000 for fiscal year 2007; (H) $20,000,000 for fiscal year 2008; and (I) $20,000,000 for fiscal year 2009..", "id": "HA60ACFDE371045878BFB637BA3BAD992", "header": "Three-year extension of authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 3793(a)(24)", "legal-doc": "usc", "parsable-cite": "usc/42/3793" } ] }, { "text": "(d) Technical amendment \nSection 1001(a) of such Act, as amended by subsection (c), is further amended by realigning paragraphs (24) and (25) so as to be flush with the left margin.", "id": "HB97F132469044A4699AAD22259F10477", "header": "Technical amendment", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 3797m", "legal-doc": "usc", "parsable-cite": "usc/42/3797m" }, { "text": "42 U.S.C. 3797k", "legal-doc": "usc", "parsable-cite": "usc/42/3797k" }, { "text": "42 U.S.C. 3793(a)(24)", "legal-doc": "usc", "parsable-cite": "usc/42/3793" } ] }, { "text": "312. Report to Congress \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of this Act and the amendments made by this Act. (b) Contents \nThe report submitted under subsection (a) shall include a description of— (1) the progress made by Federal, State, and local entities in— (A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as CODIS ); (B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; and (C) increasing the capacity of forensic laboratories to conduct DNA analyses; (2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out; (3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program; (4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 303 and 304; (5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 305; (6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 306; (7) the use of funds by the Federal Bureau of Investigation under section 307; (8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify missing persons and unidentified human remains under section 308; (9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amendments made by section 311; (10) State compliance with the requirements set forth in section 413; and (11) any other matters considered relevant by the Attorney General.", "id": "H3B1D532137DB43F490CD57225C32E61B", "header": "Report to Congress", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of this Act and the amendments made by this Act.", "id": "H191F4C4AEABB403AA4A8599F44FC1F71", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report submitted under subsection (a) shall include a description of— (1) the progress made by Federal, State, and local entities in— (A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as CODIS ); (B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; and (C) increasing the capacity of forensic laboratories to conduct DNA analyses; (2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out; (3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program; (4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 303 and 304; (5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 305; (6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 306; (7) the use of funds by the Federal Bureau of Investigation under section 307; (8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify missing persons and unidentified human remains under section 308; (9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amendments made by section 311; (10) State compliance with the requirements set forth in section 413; and (11) any other matters considered relevant by the Attorney General.", "id": "H3EADD9DDCE6A4F018B9C329E36699000", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "401. Short title \nThis title may be cited as the Innocence Protection Act of 2004.", "id": "H15BC855F8F1C4BB7BB0700A5D17448C", "header": "Short title", "nested": [], "links": [] }, { "text": "411. Federal post-conviction DNA testing \n(a) Federal criminal procedure \n(1) In general \nPart II of title 18, United States Code, is amended by inserting after chapter 228 the following: 228A Post-conviction DNA testing \nSec 3600. DNA testing 3600A. Preservation of biological evidence 3600. DNA testing \n(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice. (b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B). (c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government. (d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate. (e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. (f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. (g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. (h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255. 3600A. Preservation of biological evidence \n(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. (b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. (e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. (f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. (g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.. (2) Clerical amendment \nThe chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following: 228A. Post-conviction DNA testing 3600. (b) System for reporting motions \n(1) Establishment \nThe Attorney General shall establish a system for reporting and tracking motions filed in accordance with section 3600 of title 18, United States Code. (2) Operation \nIn operating the system established under paragraph (1), the Federal courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system. (3) Report \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that contains— (A) a list of motions filed under section 3600 of title 18, United States Code, as added by this Act; (B) whether DNA testing was ordered pursuant to such a motion; (C) whether the applicant obtained relief on the basis of DNA test results; and (D) whether further proceedings occurred following a granting of relief and the outcome of such proceedings. (4) Additional information \nThe report required to be submitted under paragraph (3) may include any other information the Attorney General determines to be relevant in assessing the operation, utility, or costs of section 3600 of title 18, United States Code, as added by this Act, and any recommendations the Attorney General may have relating to future legislative action concerning that section. (c) Effective date; applicability \nThis section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment.", "id": "H9720D11836B24BF597749354A8F757EE", "header": "Federal post-conviction DNA testing", "nested": [ { "text": "(a) Federal criminal procedure \n(1) In general \nPart II of title 18, United States Code, is amended by inserting after chapter 228 the following: 228A Post-conviction DNA testing \nSec 3600. DNA testing 3600A. Preservation of biological evidence 3600. DNA testing \n(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice. (b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B). (c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government. (d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate. (e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. (f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. (g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. (h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255. 3600A. Preservation of biological evidence \n(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. (b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. (e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. (f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. (g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.. (2) Clerical amendment \nThe chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following: 228A. Post-conviction DNA testing 3600.", "id": "H7B235E50547846ACBC22AA7999591D22", "header": "Federal criminal procedure", "nested": [], "links": [] }, { "text": "(b) System for reporting motions \n(1) Establishment \nThe Attorney General shall establish a system for reporting and tracking motions filed in accordance with section 3600 of title 18, United States Code. (2) Operation \nIn operating the system established under paragraph (1), the Federal courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system. (3) Report \nNot later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that contains— (A) a list of motions filed under section 3600 of title 18, United States Code, as added by this Act; (B) whether DNA testing was ordered pursuant to such a motion; (C) whether the applicant obtained relief on the basis of DNA test results; and (D) whether further proceedings occurred following a granting of relief and the outcome of such proceedings. (4) Additional information \nThe report required to be submitted under paragraph (3) may include any other information the Attorney General determines to be relevant in assessing the operation, utility, or costs of section 3600 of title 18, United States Code, as added by this Act, and any recommendations the Attorney General may have relating to future legislative action concerning that section.", "id": "HFD9A951074E343CFA498AABF54F4E10", "header": "System for reporting motions", "nested": [], "links": [ { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" }, { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" }, { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" } ] }, { "text": "(c) Effective date; applicability \nThis section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment.", "id": "H5BC87836A6F04E7DBBBC2D6CFB8C89E4", "header": "Effective date; applicability", "nested": [], "links": [] } ], "links": [ { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" }, { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" }, { "text": "section 3600", "legal-doc": "usc", "parsable-cite": "usc/18/3600" } ] }, { "text": "3600. DNA testing \n(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice. (b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B). (c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government. (d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate. (e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. (f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. (g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding. (h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255.", "id": "HB8DD285121DC4388A87C58F0F82844BA", "header": "DNA testing", "nested": [ { "text": "(a) In general \nUpon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the applicant ), the court that entered the judgment of conviction shall order DNA testing of specific evidence if— (1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of— (A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or (B) another Federal or State offense, if— (i) (I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and (ii) in the case of a State offense— (I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and (II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense; (2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (3) the specific evidence to be tested— (A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2004 ; or (B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing; (4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing; (5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices; (6) the applicant identifies a theory of defense that— (A) is not inconsistent with an affirmative defense presented at trial; and (B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1); (7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial; (8) the proposed DNA testing of the specific evidence— (A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and (B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense; (9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and (10) the applicant’s motion is filed for the purpose of demonstrating the applicant’s actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice.", "id": "H6452EDC9E91744AAA8032DC0330084C2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notice to the government; preservation order; appointment of counsel \n(1) Notice \nUpon the receipt of a motion filed under subsection (a), the court shall— (A) notify the Government; and (B) allow the Government a reasonable time period to respond to the motion. (2) Preservation order \nTo the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a). (3) Appointment of counsel \nThe court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B).", "id": "H610F2C57177D4C40B19B37FA09738838", "header": "Notice to the government; preservation order; appointment of counsel", "nested": [], "links": [] }, { "text": "(c) Testing procedures \n(1) In general \nThe court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation. (2) Exception \nNotwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. (3) Costs \nThe costs of any DNA testing ordered under this section shall be paid— (A) by the applicant; or (B) in the case of an applicant who is indigent, by the Government.", "id": "H1553CBBFF2DE41C80095A990F5F0C00", "header": "Testing procedures", "nested": [], "links": [] }, { "text": "(d) Time limitation in capital cases \nIn any case in which the applicant is sentenced to death— (1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and (2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate.", "id": "H8ADE66FE3AC24AAEB288C0B7C40079EA", "header": "Time limitation in capital cases", "nested": [], "links": [] }, { "text": "(e) Reporting of test results \n(1) In general \nThe results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (2) NDIS \nThe Government shall submit any test results relating to the DNA of the applicant to the National DNA Index System (referred to in this subsection as NDIS ). (3) Retention of DNA sample \n(A) Entry into NDIS \nIf the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in NDIS. (B) Match with other offense \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant. (C) No match \nIf the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS.", "id": "H9180C4F906044B4F87C0B43C7672A79E", "header": "Reporting of test results", "nested": [], "links": [] }, { "text": "(f) Post-testing procedures; inconclusive and inculpatory results \n(1) Inconclusive results \nIf DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. (2) Inculpatory results \nIf DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— (A) deny the applicant relief; and (B) on motion of the Government— (i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; (ii) assess against the applicant the cost of any DNA testing carried out under this section; (iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; (iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and (v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. (3) Sentence \nIn any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving.", "id": "H0FAF435CCE6348B88FA7690016165F10", "header": "Post-testing procedures; inconclusive and inculpatory results", "nested": [], "links": [] }, { "text": "(g) Post-testing procedures; motion for new trial or resentencing \n(1) In general \nNotwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. (2) Standard for granting motion for new trial or resentencing \nThe court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of— (A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and (B) in the case of a motion for resentencing, another Federal or State offense, if— (i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or (ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding.", "id": "H031925E2359B47CC98D5ADAC4FA64CD4", "header": "Post-testing procedures; motion for new trial or resentencing", "nested": [], "links": [] }, { "text": "(h) Other laws unaffected \n(1) Post-conviction relief \nNothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law. (2) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding. (3) Application not a motion \nAn application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255.", "id": "H82B1146D4EDD45C68F32391EFAE791D8", "header": "Other laws unaffected", "nested": [], "links": [] } ], "links": [] }, { "text": "3600A. Preservation of biological evidence \n(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. (b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material. (c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing. (d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved. (e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations. (f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both. (g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.", "id": "H8B9D883FEDBF4BEAAE0094DF2304005D", "header": "Preservation of biological evidence", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the Government shall preserve biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense.", "id": "H0371DFB67D7C4BDDBD19EF69794966FF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Defined term \nFor purposes of this section, the term biological evidence means— (1) a sexual assault forensic examination kit; or (2) semen, blood, saliva, hair, skin tissue, or other identified biological material.", "id": "H1C90B009E15E47488CEDB5A2AC499C62", "header": "Defined term", "nested": [], "links": [] }, { "text": "(c) Applicability \nSubsection (a) shall not apply if— (1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending; (2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2004 ; (3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or (4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and (B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing.", "id": "H108C3E72F8424EB3A252E04F960E02F", "header": "Applicability", "nested": [], "links": [] }, { "text": "(d) Other preservation requirement \nNothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved.", "id": "HBF266163AFEA49DBBAB12CF38BE588FD", "header": "Other preservation requirement", "nested": [], "links": [] }, { "text": "(e) Regulations \nNot later than 180 days after the date of enactment of the Innocence Protection Act of 2004 , the Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations.", "id": "HD313D568FDEF4DA09743354C148D8E20", "header": "Regulations", "nested": [], "links": [] }, { "text": "(f) Criminal penalty \nWhoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both.", "id": "H682AF477EACF435DB907006FFAEBAE2D", "header": "Criminal penalty", "nested": [], "links": [] }, { "text": "(g) Habeas corpus \nNothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.", "id": "HB90BA47AD58E418C9FF3A31441EAC5AC", "header": "Habeas corpus", "nested": [], "links": [] } ], "links": [] }, { "text": "412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program \n(a) In general \nThe Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing. (b) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 for each of fiscal years 2005 through 2009 to carry out this section. (c) State defined \nFor purposes of this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.", "id": "H7DA7C927C71E42D091BF934F5F49BAC9", "header": "Kirk Bloodsworth Post-Conviction DNA Testing Grant Program", "nested": [ { "text": "(a) In general \nThe Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.", "id": "H825E32F950224364881C21785B62CFF6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated $5,000,000 for each of fiscal years 2005 through 2009 to carry out this section.", "id": "HBA9FE9BA66054AA89602D2FBC990E38E", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) State defined \nFor purposes of this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.", "id": "H4EB7073ECBD144679900438CC299722F", "header": "State defined", "nested": [], "links": [] } ], "links": [] }, { "text": "413. Incentive grants to States to ensure consideration of claims of actual innocence \nFor each of fiscal years 2005 through 2009, all funds appropriated to carry out sections 303, 305, 307, and 412 shall be reserved for grants to eligible entities that— (1) meet the requirements under section 303, 305, 307, or 412, as appropriate; and (2) demonstrate that the State in which the eligible entity operates— (A) provides post-conviction DNA testing of specified evidence— (i) under a State statute enacted before the date of enactment of this Act (or extended or renewed after such date), to any person convicted after trial and under a sentence of imprisonment or death for a State offense, in a manner that ensures a meaningful process for resolving a claim of actual innocence; or (ii) under a State statute enacted after the date of enactment of this Act, or under a State rule, regulation, or practice, to any person under a sentence of imprisonment or death for a State offense, in a manner comparable to section 3600(a) of title 18, United States Code (provided that the State statute, rule, regulation, or practice may make post-conviction DNA testing available in cases in which such testing is not required by such section), and if the results of such testing exclude the applicant, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar such application as untimely; and (B) preserves biological evidence secured in relation to the investigation or prosecution of a State offense— (i) under a State statute or a State or local rule, regulation, or practice, enacted or adopted before the date of enactment of this Act (or extended or renewed after such date), in a manner that ensures that reasonable measures are taken by all jurisdictions within the State to preserve such evidence; or (ii) under a State statute or a State or local rule, regulation, or practice, enacted or adopted after the date of enactment of this Act, in a manner comparable to section 3600A of title 18, United States Code, if— (I) all jurisdictions within the State comply with this requirement; and (II) such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A.", "id": "HB3DFCA0C7BDB487AB9F8E1E1CA15046D", "header": "Incentive grants to States to ensure consideration of claims of actual innocence", "nested": [], "links": [ { "text": "section 3600(a)", "legal-doc": "usc", "parsable-cite": "usc/18/3600" }, { "text": "section 3600A", "legal-doc": "usc", "parsable-cite": "usc/18/3600A" } ] }, { "text": "421. Capital representation improvement grants \n(a) In general \nThe Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases. (b) Defined term \nIn this section, the term legal representation means legal counsel and investigative, expert, and other services necessary for competent representation. (c) Use of funds \nGrants awarded under subsection (a)— (1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to— (A) indigents charged with an offense subject to capital punishment; (B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and (C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and (2) shall not be used to fund, directly or indirectly, representation in specific capital cases. (d) Effective system \nAs used in subsection (c)(1), an effective system for providing competent legal representation is a system that— (1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases— (A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital representation; or (C) pursuant to a statutory procedure enacted before the date of the enactment of this Act under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee or similar entity; and (2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to— (A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases; (B) establish and maintain a roster of qualified attorneys; (C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation; (D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases; (E) monitor the performance of attorneys who are appointed and their attendance at training programs, and remove from the roster attorneys who fail to deliver effective representation or who fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; and (F) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated— (i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and (ii) in all other cases, as follows: (I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor’s office in the jurisdiction. (II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases. (III) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases. (IV) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.", "id": "H45FC8BF53896481CBC0037C83D07D34", "header": "Capital representation improvement grants", "nested": [ { "text": "(a) In general \nThe Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases.", "id": "HED87A884539B40D49205D51363AD32C1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Defined term \nIn this section, the term legal representation means legal counsel and investigative, expert, and other services necessary for competent representation.", "id": "HF95565B117A74C04A5C361F95200601E", "header": "Defined term", "nested": [], "links": [] }, { "text": "(c) Use of funds \nGrants awarded under subsection (a)— (1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to— (A) indigents charged with an offense subject to capital punishment; (B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and (C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and (2) shall not be used to fund, directly or indirectly, representation in specific capital cases.", "id": "H2F701AEB417A47C8BC836789EF19D6FF", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(d) Effective system \nAs used in subsection (c)(1), an effective system for providing competent legal representation is a system that— (1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases— (A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital representation; or (C) pursuant to a statutory procedure enacted before the date of the enactment of this Act under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee or similar entity; and (2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to— (A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases; (B) establish and maintain a roster of qualified attorneys; (C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation; (D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases; (E) monitor the performance of attorneys who are appointed and their attendance at training programs, and remove from the roster attorneys who fail to deliver effective representation or who fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; and (F) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated— (i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and (ii) in all other cases, as follows: (I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor’s office in the jurisdiction. (II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases. (III) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases. (IV) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.", "id": "HB7983836603E4FA6B66FC61E07057CAF", "header": "Effective system", "nested": [], "links": [] } ], "links": [] }, { "text": "422. Capital prosecution improvement grants \n(a) In general \nThe Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases. (b) Use of funds \n(1) Permitted uses \nGrants awarded under subsection (a) shall be used for one or more of the following: (A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases. (B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases. (C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case. (D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases. (E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate. (F) To provide support and assistance to the families of murder victims. (2) Prohibited use \nGrants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.", "id": "HC599DCDC4BE74644B251FCE01700124D", "header": "Capital prosecution improvement grants", "nested": [ { "text": "(a) In general \nThe Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases.", "id": "HAF5C961939DF491FA6A9EDEE2DD83DDC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \n(1) Permitted uses \nGrants awarded under subsection (a) shall be used for one or more of the following: (A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases. (B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases. (C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case. (D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases. (E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate. (F) To provide support and assistance to the families of murder victims. (2) Prohibited use \nGrants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.", "id": "H700D725B68464ABB948EDC1D00404F5D", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "423. Applications \n(a) In general \nThe Attorney General shall establish a process through which a State may apply for a grant under this subtitle. (b) Application \n(1) In general \nA State desiring a grant under this subtitle shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) Contents \nEach application submitted under paragraph (1) shall contain— (A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought; (B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities; (C) a long-term statewide strategy and detailed implementation plan that— (i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes; (D) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and (E) assurances that Federal funds received under this subtitle shall be— (i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this subtitle; and (ii) allocated in accordance with section 426(b).", "id": "HFB09B06426C6487083BEFAEB5AB8E94", "header": "Applications", "nested": [ { "text": "(a) In general \nThe Attorney General shall establish a process through which a State may apply for a grant under this subtitle.", "id": "H0518E82E0C2F4947B4CB045C900B595", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nA State desiring a grant under this subtitle shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) Contents \nEach application submitted under paragraph (1) shall contain— (A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought; (B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities; (C) a long-term statewide strategy and detailed implementation plan that— (i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes; (D) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and (E) assurances that Federal funds received under this subtitle shall be— (i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this subtitle; and (ii) allocated in accordance with section 426(b).", "id": "H14F6D791651D40CEAC65B86C0441635F", "header": "Application", "nested": [], "links": [] } ], "links": [] }, { "text": "424. State reports \n(a) In general \nEach State receiving funds under this subtitle shall submit an annual report to the Attorney General that— (1) identifies the activities carried out with such funds; and (2) explains how each activity complies with the terms and conditions of the grant. (b) Capital representation improvement grants \nWith respect to the funds provided under section 421, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) an explanation of the means by which the State— (A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in section 421(d)(1)(A), an entity described in section 421(d)(1)(B), or selection committee or similar entity described in section 421(d)(1)(C); and (B) requires such program, entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in section 421(d)(1)(C), to— (i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 421(d)(2)(A); (ii) establish and maintain a roster of qualified attorneys in accordance with section 421(d)(2)(B); (iii) assign attorneys from the roster in accordance with section 421(d)(2)(C); (iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with section 421(d)(2)(D); (v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with section 421(d)(2)(E); and (vi) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with section 421(d)(2)(F), including a statement setting forth— (I) if the State employs a public defender program under section 421(d)(1)(A), the salaries received by the attorneys employed by such program and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; (II) if the State employs appointed attorneys under section 421(d)(1)(B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated; (III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and (IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; (3) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and (4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds. (c) Capital prosecution improvement grants \nWith respect to the funds provided under section 422, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) a description of the means by which the State has— (A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with section 422(b)(1)(A); (B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(B); (C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(C); (D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with section 422(b)(1)(D); (E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with section 422(b)(1)(E); and (F) provided support and assistance to the families of murder victims; and (3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds. (d) Public disclosure of annual State reports \nThe annual reports to the Attorney General submitted by any State under this section shall be made available to the public.", "id": "HC27E3BA90F4A4D59956C69FB90DB4B2B", "header": "State reports", "nested": [ { "text": "(a) In general \nEach State receiving funds under this subtitle shall submit an annual report to the Attorney General that— (1) identifies the activities carried out with such funds; and (2) explains how each activity complies with the terms and conditions of the grant.", "id": "HEEDD55E4AA3B41C889A3193FAAEF6800", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Capital representation improvement grants \nWith respect to the funds provided under section 421, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) an explanation of the means by which the State— (A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in section 421(d)(1)(A), an entity described in section 421(d)(1)(B), or selection committee or similar entity described in section 421(d)(1)(C); and (B) requires such program, entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in section 421(d)(1)(C), to— (i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 421(d)(2)(A); (ii) establish and maintain a roster of qualified attorneys in accordance with section 421(d)(2)(B); (iii) assign attorneys from the roster in accordance with section 421(d)(2)(C); (iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with section 421(d)(2)(D); (v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with section 421(d)(2)(E); and (vi) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with section 421(d)(2)(F), including a statement setting forth— (I) if the State employs a public defender program under section 421(d)(1)(A), the salaries received by the attorneys employed by such program and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; (II) if the State employs appointed attorneys under section 421(d)(1)(B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated; (III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and (IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; (3) in the case of a State that employs a statutory procedure described in section 421(d)(1)(C), an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and (4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds.", "id": "HEB0B02B456C64EAC00F4723F00ECE25F", "header": "Capital representation improvement grants", "nested": [], "links": [] }, { "text": "(c) Capital prosecution improvement grants \nWith respect to the funds provided under section 422, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) a description of the means by which the State has— (A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with section 422(b)(1)(A); (B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(B); (C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(C); (D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with section 422(b)(1)(D); (E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with section 422(b)(1)(E); and (F) provided support and assistance to the families of murder victims; and (3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds.", "id": "H7A454986FFA6419D9F45988BBE862EAC", "header": "Capital prosecution improvement grants", "nested": [], "links": [] }, { "text": "(d) Public disclosure of annual State reports \nThe annual reports to the Attorney General submitted by any State under this section shall be made available to the public.", "id": "H9FA0ADA1A1B64C968E6304A7F13C4898", "header": "Public disclosure of annual State reports", "nested": [], "links": [] } ], "links": [] }, { "text": "425. Evaluations by Inspector General and administrative remedies \n(a) Evaluation by Inspector General \n(1) In general \nAs soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this title, the Inspector General of the Department of Justice (in this section referred to as the Inspector General ) shall— (A) after affording an opportunity for any person to provide comments on a report submitted under section 424, submit to Congress and to the Attorney General a report evaluating the compliance by the State with the terms and conditions of the grant; and (B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations for corrective action. (2) Priority \nIn conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance. (3) Determination for statutory procedure States \nFor each State that employs a statutory procedure described in section 421(d)(1)(C), the Inspector General shall submit to Congress and to the Attorney General, not later than the end of the first fiscal year for which such State receives funds, after affording an opportunity for any person to provide comments on a certification submitted under section 423(b)(2)(D), a determination as to whether the State is in substantial compliance with the requirements of the applicable State statute. (b) Administrative review \n(1) Comment \nUpon receiving the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report or the determination. (2) Corrective action plan \nIf the Attorney General, after reviewing the report under subsection (a)(1) or the determination under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall, within 30 days, direct the State to take corrective action to bring the State into compliance. (3) Report to Congress \nNot later than 90 days after the earlier of the implementation of a corrective action plan or a directive to implement such a plan under paragraph (2), the Attorney General shall submit a report to Congress as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant. (c) Penalties for noncompliance \nIf the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sections 421 and 422 and require the State to return the funds granted under such sections for that fiscal year. Nothing in this paragraph shall prevent a State which has been subject to penalties for noncompliance from reapplying for a grant under this subtitle in another fiscal year. (d) Periodic reports \nDuring the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant. (e) Administrative costs \nNot less than 2.5 percent of the funds appropriated to carry out this subtitle for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended. (f) Special rule for statutory procedure States not in substantial compliance with statutory procedures \n(1) In general \nIn the case of a State that employs a statutory procedure described in section 421(d)(1)(C), if the Inspector General submits a determination under subsection (a)(3) that the State is not in substantial compliance with the requirements of the applicable State statute, then for the period beginning with the date on which that determination was submitted and ending on the date on which the Inspector General determines that the State is in substantial compliance with the requirements of that statute, the funds awarded under this subtitle shall be allocated solely for the uses described in section 421. (2) Rule of construction \nThe requirements of this subsection apply in addition to, and not instead of, the other requirements of this section.", "id": "HFFAF532E68EB4DF3B3D400C0BA005244", "header": "Evaluations by Inspector General and administrative remedies", "nested": [ { "text": "(a) Evaluation by Inspector General \n(1) In general \nAs soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this title, the Inspector General of the Department of Justice (in this section referred to as the Inspector General ) shall— (A) after affording an opportunity for any person to provide comments on a report submitted under section 424, submit to Congress and to the Attorney General a report evaluating the compliance by the State with the terms and conditions of the grant; and (B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations for corrective action. (2) Priority \nIn conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance. (3) Determination for statutory procedure States \nFor each State that employs a statutory procedure described in section 421(d)(1)(C), the Inspector General shall submit to Congress and to the Attorney General, not later than the end of the first fiscal year for which such State receives funds, after affording an opportunity for any person to provide comments on a certification submitted under section 423(b)(2)(D), a determination as to whether the State is in substantial compliance with the requirements of the applicable State statute.", "id": "H3505D1000FFE4D068E26CE021F24181", "header": "Evaluation by Inspector General", "nested": [], "links": [] }, { "text": "(b) Administrative review \n(1) Comment \nUpon receiving the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report or the determination. (2) Corrective action plan \nIf the Attorney General, after reviewing the report under subsection (a)(1) or the determination under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall, within 30 days, direct the State to take corrective action to bring the State into compliance. (3) Report to Congress \nNot later than 90 days after the earlier of the implementation of a corrective action plan or a directive to implement such a plan under paragraph (2), the Attorney General shall submit a report to Congress as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant.", "id": "H6840BCFE231B47C3B66B00760090F8D0", "header": "Administrative review", "nested": [], "links": [] }, { "text": "(c) Penalties for noncompliance \nIf the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sections 421 and 422 and require the State to return the funds granted under such sections for that fiscal year. Nothing in this paragraph shall prevent a State which has been subject to penalties for noncompliance from reapplying for a grant under this subtitle in another fiscal year.", "id": "H1BF5F9B833EA45DBA097F8DB02112EE2", "header": "Penalties for noncompliance", "nested": [], "links": [] }, { "text": "(d) Periodic reports \nDuring the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant.", "id": "H11D49D0720AE43EF9FCFA4232FC5ED00", "header": "Periodic reports", "nested": [], "links": [] }, { "text": "(e) Administrative costs \nNot less than 2.5 percent of the funds appropriated to carry out this subtitle for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended.", "id": "HD8DDCD0875444BE6902B4BAF5B420006", "header": "Administrative costs", "nested": [], "links": [] }, { "text": "(f) Special rule for statutory procedure States not in substantial compliance with statutory procedures \n(1) In general \nIn the case of a State that employs a statutory procedure described in section 421(d)(1)(C), if the Inspector General submits a determination under subsection (a)(3) that the State is not in substantial compliance with the requirements of the applicable State statute, then for the period beginning with the date on which that determination was submitted and ending on the date on which the Inspector General determines that the State is in substantial compliance with the requirements of that statute, the funds awarded under this subtitle shall be allocated solely for the uses described in section 421. (2) Rule of construction \nThe requirements of this subsection apply in addition to, and not instead of, the other requirements of this section.", "id": "HD9C4C6FD73F44F56AB2655EBA04EF00", "header": "Special rule for statutory procedure States not in substantial compliance with statutory procedures", "nested": [], "links": [] } ], "links": [] }, { "text": "426. Authorization of appropriations \n(a) Authorization for grants \nThere are authorized to be appropriated $100,000,000 for each of fiscal years 2005 through 2009 to carry out this subtitle. (b) Restriction on use of funds to ensure equal allocation \nEach State receiving a grant under this subtitle shall allocate the funds equally between the uses described in section 421 and the uses described in section 422, except as provided in section 425(f).", "id": "H9B8BA6E23E3C41A68C68E3BAB9AEBD3", "header": "Authorization of appropriations", "nested": [ { "text": "(a) Authorization for grants \nThere are authorized to be appropriated $100,000,000 for each of fiscal years 2005 through 2009 to carry out this subtitle.", "id": "HE2A3F47C97764DC5BB644C810000E121", "header": "Authorization for grants", "nested": [], "links": [] }, { "text": "(b) Restriction on use of funds to ensure equal allocation \nEach State receiving a grant under this subtitle shall allocate the funds equally between the uses described in section 421 and the uses described in section 422, except as provided in section 425(f).", "id": "H8C827F1268994448B933E528E740F8D4", "header": "Restriction on use of funds to ensure equal allocation", "nested": [], "links": [] } ], "links": [] }, { "text": "431. Increased compensation in Federal cases for the wrongfully convicted \nSection 2513(e) of title 28, United States Code, is amended by striking exceed the sum of $5,000 and inserting exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff.", "id": "HC72F77843C734856B518C9CA1FFADFA5", "header": "Increased compensation in Federal cases for the wrongfully convicted", "nested": [], "links": [ { "text": "Section 2513(e)", "legal-doc": "usc", "parsable-cite": "usc/28/2513" } ] }, { "text": "432. Sense of Congress regarding compensation in State death penalty cases \nIt is the sense of Congress that States should provide reasonable compensation to any person found to have been unjustly convicted of an offense against the State and sentenced to death.", "id": "H054DCF48A20246E8B8604EB2AB1EDC16", "header": "Sense of Congress regarding compensation in State death penalty cases", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Golden gate national recreation area \nSection 4(f) of Public Law 92–589 ( 16 U.S.C. 460bb–3 ) is amended by striking Haslett Warehouse, Cliff House Properties and Louis’ Restaurant, and all that follows and inserting Cliff House Properties and Louis’ Restaurant, the Secretary may enter into a contract for the management (including rental or lease) of the aforementioned properties with such terms and conditions as will protect the Government’s interest. Any proceeds from the use of such properties shall be available until expended, without further appropriation, for the administration, maintenance, repair and related expenses of the properties and for major renovation and park rehabilitation of those buildings included in the Fort Mason Foundation Agreement.", "id": "H71B236389F4A4A96B1AF2845FA4F2B6C", "header": "Golden gate national recreation area", "nested": [], "links": [ { "text": "Public Law 92–589", "legal-doc": "public-law", "parsable-cite": "pl/92/589" }, { "text": "16 U.S.C. 460bb–3", "legal-doc": "usc", "parsable-cite": "usc/16/460bb-3" } ] }, { "text": "2. San francisco maritime national historical park \nSection 3 of Public Law 100–348 ( 16 U.S.C. 410nn–1 ) is amended— (a) by amending the text of subsection (c) to read as follows: Notwithstanding any other provision of law, in the administration of any real or personal property (including vessels and heavy marine equipment such as floating drydocks) that is administered as part of the park, the Secretary may enter into a contract for the management (including rental or lease) of such property with such terms and conditions as will protect the Government’s interest. Any proceeds from the use of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of the property. ; and (b) in the second sentence of subsection (d) by striking shall be credited and all that follows and by inserting shall be available until expended, without further appropriation, for use at the park for purposes of facility maintenance and repair, interpretation, signage, habitat or facility enhancement, resource preservation, annual operations (including fee collection), and law enforcement..", "id": "H3A766343D875471CAF62D3B1FE289872", "header": "San francisco maritime national historical park", "nested": [ { "text": "(a) by amending the text of subsection (c) to read as follows: Notwithstanding any other provision of law, in the administration of any real or personal property (including vessels and heavy marine equipment such as floating drydocks) that is administered as part of the park, the Secretary may enter into a contract for the management (including rental or lease) of such property with such terms and conditions as will protect the Government’s interest. Any proceeds from the use of such property shall be available until expended, without further appropriation, for the administration, maintenance, repair, and related expenses of the property. ; and", "id": "HB813AFA9F68F4B34AE0930F901501CF", "header": null, "nested": [], "links": [] }, { "text": "(b) in the second sentence of subsection (d) by striking shall be credited and all that follows and by inserting shall be available until expended, without further appropriation, for use at the park for purposes of facility maintenance and repair, interpretation, signage, habitat or facility enhancement, resource preservation, annual operations (including fee collection), and law enforcement..", "id": "H05E5A8ED88FF4662A0FEE9285C6BF0AB", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "Public Law 100–348", "legal-doc": "public-law", "parsable-cite": "pl/100/348" }, { "text": "16 U.S.C. 410nn–1", "legal-doc": "usc", "parsable-cite": "usc/16/410nn-1" } ] }, { "text": "3. Conforming amendments \n(a) Section 2(b) of Public Law 100–348 ( 16 U.S.C. 410nn ) is amended— (1) by striking numbered 641/80,053 and dated April 7, 1987 and inserting numbered 350/80,012 and dated June 2004 ; and (2) by striking the third and fourth sentences and inserting the following: The Secretary of the Interior (hereinafter in this Act referred to as the Secretary ) may make minor revisions to the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Act of 1965 ( 16 U.S.C. 460l–9(c) ). (b) Section 4(e) of Public Law 92–589 ( 16 U.S.C. 460bb–3 ) is amended by striking and for admission to the sailing vessel Balclutha and other historic vessels of the National Maritime Museum.", "id": "H6A6DACD028754E3681648760514058E7", "header": "Conforming amendments", "nested": [ { "text": "(a) Section 2(b) of Public Law 100–348 ( 16 U.S.C. 410nn ) is amended— (1) by striking numbered 641/80,053 and dated April 7, 1987 and inserting numbered 350/80,012 and dated June 2004 ; and (2) by striking the third and fourth sentences and inserting the following: The Secretary of the Interior (hereinafter in this Act referred to as the Secretary ) may make minor revisions to the boundary of the park in accordance with section 7(c) of the Land and Water Conservation Act of 1965 ( 16 U.S.C. 460l–9(c) ).", "id": "H2688D2207CF44DB3BA833E970002225E", "header": null, "nested": [], "links": [ { "text": "Public Law 100–348", "legal-doc": "public-law", "parsable-cite": "pl/100/348" }, { "text": "16 U.S.C. 410nn", "legal-doc": "usc", "parsable-cite": "usc/16/410nn" }, { "text": "16 U.S.C. 460l–9(c)", "legal-doc": "usc", "parsable-cite": "usc/16/460l-9" } ] }, { "text": "(b) Section 4(e) of Public Law 92–589 ( 16 U.S.C. 460bb–3 ) is amended by striking and for admission to the sailing vessel Balclutha and other historic vessels of the National Maritime Museum.", "id": "H69D052072E41406F001CD2B263E11DBC", "header": null, "nested": [], "links": [ { "text": "Public Law 92–589", "legal-doc": "public-law", "parsable-cite": "pl/92/589" }, { "text": "16 U.S.C. 460bb–3", "legal-doc": "usc", "parsable-cite": "usc/16/460bb-3" } ] } ], "links": [ { "text": "Public Law 100–348", "legal-doc": "public-law", "parsable-cite": "pl/100/348" }, { "text": "16 U.S.C. 410nn", "legal-doc": "usc", "parsable-cite": "usc/16/410nn" }, { "text": "16 U.S.C. 460l–9(c)", "legal-doc": "usc", "parsable-cite": "usc/16/460l-9" }, { "text": "Public Law 92–589", "legal-doc": "public-law", "parsable-cite": "pl/92/589" }, { "text": "16 U.S.C. 460bb–3", "legal-doc": "usc", "parsable-cite": "usc/16/460bb-3" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HB5753E160A5F4BCFBD68349442318090", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of Eas Local Participation Program \nSection 41747 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, is repealed.", "id": "HB356ACB2CDEE49C394003400E63F004C", "header": "Repeal of Eas Local Participation Program", "nested": [], "links": [ { "text": "Section 41747", "legal-doc": "usc", "parsable-cite": "usc/49/41747" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the.", "id": "HEFE9921DB9754950B1FABB271200185B", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Definitions \nSection 220501(b) of title 36, United States Code, is amended— (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (2) by inserting after paragraph (4) the following: (5) independent director means an independent director, as defined by the bylaws of the corporation, who, at minimum— (A) has not been an officer or director of the Executive Committee of the corporation, during the 3-year period prior to appointment as an independent director; (B) has not been an officer or a member of the Athlete’s Advisory Council, the National Governing Bodies Council, or of the International Olympic Committee, during the 3-year period prior to appointment as an independent director; (C) has not, during the 3-year period prior to appointment as an independent director, received any compensation from, and does not have a personal service contract with, the corporation, any United States Olympic Entity, any International Olympic entity, or a member of the corporation’s senior management; (D) has not, during the 3-year period prior to appointment as an independent director, had such a close affiliation with a company or firm that is counsel, auditor, advisor, paid consultant of, or has a material business relationship with, the corporation, any United States Olympic entity, any International Olympic entity, or a member of the corporation’s senior management, that in the judgment of the Nominating and Governance Committee would adversely affect the director’s ability to represent the interests of the United State public in the activities of the corporation; (E) has no relationship with the corporation, any United States Olympic entity, any International Olympic entity, or a member of the corporation’s senior management that in the judgment of the Nominating and Governance Committee would adversely affect the director’s ability to represent the interests of the United State public in the activities of the corporation; and (F) is not an immediate family member of any person described in subparagraphs (A) through (E)..", "id": "H124292D203B64C1E9046A02523CE9888", "header": "Definitions", "nested": [], "links": [ { "text": "Section 220501(b)", "legal-doc": "usc", "parsable-cite": "usc/36/220501" } ] }, { "text": "3. Purposes \nSection 220503 of title 36, United States Code, is amended to read as follows: 220503. Purposes \nThe purposes of this corporation are— (1) to exercise exclusive jurisdiction directly or through constituent members or committees, over— (A) all matters pertaining to the United States participation in the Olympic Games, the Paralympic Games, and the Pan American Games, including representation of the United States in such games; and (B) the organization of the Olympic Games, the Paralympic Games, and the Pan American Games when held in the United States; (2) to obtain for the United States, directly or by delegation to the appropriate national governing body or paralympic sports organization, the most competent amateur representation possible in each event of the Olympic Games, the Paralympic games, and the Pan American Games; (3) to provide for swift resolution of conflicts or disputes involving amateur athletes, national governing bodies, paralympic sports organizations, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur competition; and (4) to encourage and provide assistance to amateur athletic programs and activities for women and men, athletes with disabilities, and athletes who are racial and ethnic minorities..", "id": "H50148087957B4F9585AA53637445097F", "header": "Purposes", "nested": [], "links": [ { "text": "Section 220503", "legal-doc": "usc", "parsable-cite": "usc/36/220503" } ] }, { "text": "220503. Purposes \nThe purposes of this corporation are— (1) to exercise exclusive jurisdiction directly or through constituent members or committees, over— (A) all matters pertaining to the United States participation in the Olympic Games, the Paralympic Games, and the Pan American Games, including representation of the United States in such games; and (B) the organization of the Olympic Games, the Paralympic Games, and the Pan American Games when held in the United States; (2) to obtain for the United States, directly or by delegation to the appropriate national governing body or paralympic sports organization, the most competent amateur representation possible in each event of the Olympic Games, the Paralympic games, and the Pan American Games; (3) to provide for swift resolution of conflicts or disputes involving amateur athletes, national governing bodies, paralympic sports organizations, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur competition; and (4) to encourage and provide assistance to amateur athletic programs and activities for women and men, athletes with disabilities, and athletes who are racial and ethnic minorities.", "id": "HE66EA40A8578417800DC9EFB3FF8B8B", "header": "Purposes", "nested": [], "links": [] }, { "text": "4. Governance \n(a) In General \nChapter 2205 of title 36, United States Code, is amended by redesignating sections 220505 through 220512 as sections 220506 through 220513, respectively, and inserting after section 220504 the following new section: 220505. Governance \n(a) In General \nConsistent with the provisions of this chapter, the corporation shall adopt bylaws to establish and maintain provisions with respect to its governance which shall include the requirements contained in subsections (b) through (f): (b) Board of Directors \n(1) In general \nThe corporation shall be governed by a Board of Directors (in this chapter referred to as the Board ) as follows: (A) Elected members \nThe Board shall be composed of 9 elected members who shall be nominated by the Nominating and Governance Committee (described in paragraph (7)(C)). The elected members shall consist of— (i) 5 members who shall be independent directors; (ii) 2 members who shall be elected from among individuals proposed by the National Governing Bodies Council; and (iii) 2 members who shall be elected from among individuals proposed by the Athlete’s Advisory Council. (B) Ex officio members \nThe Board shall have as ex officio members the members of the International Olympic Committee (IOC) that are required by that committee’s charter. (C) Non-voting members \n(i) Liaison of the Olympic Assembly \nThe liaison of the Olympic Assembly (described in subsection (d)(3)) shall serve as a nonvoting ex officio member of the Board. (ii) Representation of Paralympic Sports Organization \nUnless at least 1 of the elected members under subparagraph (A) is a representative of a paralympic sports organization, such a representative shall be appointed by the Nominating and Governance Committee of the Board to serve as a nonvoting member of the Board. (2) Terms \nMembers of the Board shall serve for appointed terms in accordance with the bylaws of the corporation. Except as provided in paragraph (6), no member shall serve on the Board for a period greater than 6 years. (3) Qualifications \nEach member shall have demonstrated the highest character and integrity, significant professional success, and a commitment to public service, and shall have demonstrated by their vocation or experience the capacity to further the objectives and purposes of the United States Olympic Committee, and shall have such other specific qualities or expertise as the Board considers necessary. (4) Removal \nMembers may be removed from the Board only for cause, in accordance with the bylaws of the corporation. (5) Voting \n(A) In general \n(i) Elected members \nEach of the 9 elected members described in paragraph (1)(A) shall have the number of votes equal to the number of ex officio members described in paragraph (1)(B). (ii) ex officio members \nThe ex officio members described in paragraph (1)(B) shall each have 1 vote on all matters on which the Board votes except— (I) the selection of the chair of the Board; (II) the election of new members; (III) the composition of Board committees; and (IV) any matter which presents such members with a conflict of interest. (B) Tie votes \nA tie vote shall be broken as provided for in the bylaws of the corporation, in accordance with the following: (i) Matters of purely business and governance \nOn matters related purely to the business and governance of the corporation, a tie vote of the Board shall be broken by the majority of the votes cast by the independent directors described in paragraph (1)(A)(i). (ii) Matters related to sport \nOn matters related to sport and all matters other than those described in clause (i), a tie vote of the Board shall be broken by a majority of the votes cast by the members described in clauses (ii) and (iii) of paragraph (1)(A), and the ex officio members described in paragraph (1)(B). (6) Chair \nThe Board shall elect 1 of the members to serve as chair of the Board, who shall serve as chair for a term of 4 years. The chair may serve an additional 2 years (beyond the term established for the Board in paragraph (2)) in order to complete his or her 4 year term as chair. The first chair elected after the date of enactment of the United States Olympic Committee Reform Act shall be an independent member. (7) Committees \nIn addition to any committees, subcommittees, and task forces as may be necessary or appropriate and for which sufficient funds exist, the Board shall establish the following standing committees: (A) An Audit Committee, consisting of— (i) 3 Board members described in paragraph (1)(A)(i); and (ii) 1 Board member described in paragraph (1)(A)(iii). (B) An Ethics Committee, consisting of— (i) 3 persons who meet the definition of independent director in section 220501(b)(5) and who are not members of the Board; (ii) 1 person who meets the definition of amateur athlete in section 220501(b)(1) and who is not a member of the Board; and (iii) 1 elected member of the Board described in paragraph (1)(A). (C) A Nominating and Governance Committee and a Compensation Committee, each consisting of— (i) 3 Board members described in paragraph (1)(A)(i); (ii) 1 Board member described in paragraph (1)(A)(ii); and (iii) 1 Board member described in paragraph (1)(A)(iii). (8) Remuneration and Travel Expenses \nThe members of the Board shall not receive any compensation, fee, salary, or other remuneration for their service on the Board, but shall be reimbursed for actual and reasonable travel expenses incurred for attending Board meetings or in furtherance of duties that they have been requested to perform by the Chair. (9) Duties \nThe Board shall have the following duties: (A) To oversee the corporation’s business and operations in the United States and abroad, including all matters relating to financial, commercial, legal, personnel, and governance. (B) To set the policy and direction of the corporation consistent with the corporation’s mission and purposes. (C) To establish a Nominating and Governance Committee to provide for a process for nominating new Board members. (D) To elect new Board members from among those persons nominated by the Nominating and Governance Committee. (E) To elect the chair of the Board. (F) To select and evaluate the Chief Executive Officer. (G) To oversee the bid city process in the United States, and to monitor the organizing committee of the Olympic Games when the Games are held in the United States. (c) Chief Executive Officer \n(1) In General \nThe corporation shall have a chief executive officer who shall not be a member of the Board of Directors. The chief executive officer shall be elected by, and report to, the Board, as provided in the bylaws of the corporation. The chief executive officer shall be responsible, with Board approval, for filling other key senior management positions as provided in the bylaws of the corporation. (2) Duties \nThe chief executive officer shall, either directly or by delegation— (A) manage all staff functions and the day-to-day affairs and business operations of the corporation, including relations with international organizations; and (B) implement the mission and policies of the corporation, as determined by the Board. (d) Olympic Assembly \n(1) In general \nThe corporation shall have an Olympic Assembly (in this chapter referred to as the Assembly) in which all of the constituencies of the corporation shall be represented. The size and composition of the Assembly shall be determined by the Board and shall include— (A) Olympic athletes and former Olympic athletes; (B) representatives of Olympic sports organizations; (C) representatives of Pan American sports organizations; (D) a representative of an affiliated sports organization; (E) representatives of community-based and education-based multisport organizations; (F) representatives of the United States Armed Forces; and (G) a representative of a State Olympic organization. (2) Terms \nEach member of the Assembly shall serve for a term of 4 years, beginning with the first meeting following a Summer Olympic Games and extending until the first meeting following the subsequent Summer Olympic Games. There shall be no limit to the number of terms which a member may serve. (3) Liaison \nEach Assembly shall elect a liaison from among its members who shall preside over the annual meetings of the Assembly, and who shall be limited to serving 1 term of 4 years. (4) Role and responsibilities \n(A) Required activities \nThe Assembly shall— (i) meet annually, at the time of a meeting of the Board of Directors, to represent the interests of its members; and (ii) receive and review reports from the Board concerning sport matters and the business of the corporation. (B) Permitted activities \nThe Assembly may— (i) propose items for consideration by the chair to be included on the agenda for the Board; and (ii) perform other functions as the Board determines to be appropriate. (5) Expenses \nThe Board shall set the budget for the Assembly, which may pay the actual and reasonable expenses of members of the Assembly to attend the annual meeting, and any special meetings called by the Board. (e) Standards and Compliance Program \nThe corporation shall maintain a standards and compliance program that includes, at minimum, the following requirements: (1) The development and distribution of written standards of conduct, as well as written policies, procedures, and protocols that promote the United States Olympic Committee’s commitment to compliance with such standards and address specific areas of potential infractions of compliance. (2) The designation of a compliance or ethics officer at the executive level who shall report to the Board and shall be charged with the responsibility for developing, operating, and monitoring the compliance program. (3) The development and implementation of regular, effective education and training programs for all affected United States Olympic Committee employees, including paid senior management, officers, volunteers, and directors of a member organization. (4) The creation and maintenance of an effective line of communication between the compliance officer and all United States Olympic Committee employees and volunteers, including a process, such as a hotline or other reporting system, to receive complaints, and the adoption of procedures to protect the anonymity of complainants and to protect complainants from retaliation. (5) The use of audits and other risk evaluation techniques to monitor compliance, identify problem areas, affecting the United States Olympic Committee, its officers, employees, and volunteers, and assist in the reduction of identified problems. (6) The development of policies and procedures with respect to the investigation of identified systemic problems, which include direction regarding the prompt and proper response to detected offenses, such as the initiation of appropriate corrective action and preventive measures. (7) The development of a system to respond to allegations of illegal or improper activities and the enforcement of appropriate disciplinary action against United States Olympic Committee employees who have violated internal compliance policies, applicable statutes, regulations, or other United states Olympic Committee requirements. (f) 10-year Review \nNot later than January 1, 2014, and every 10 years thereafter, the Board shall appoint an independent commission to study and determine whether the governance structure of the corporation continues to serve the purpose for which it was created. Such commission shall transmit to Congress a report which shall include recommendations for changes to the governance structure of the corporation.. (b) Table of sections \nThe table of sections for subchapter I of chapter 2205 of title 36, United States Code, is amended to read as follows: SUBCHAPTER I—CORPORATION Sec 220501. Title and definitions 220502. Organization 220503. Purposes 220504. Membership 220505. Governance 220506. Powers 220507. Exclusive right to name, seals, emblems, and badges 220508. Restrictions 220509. Headquarters, principle office, and meetings 220510. Resolution of disputes 220511. Services of process 220512. Annual report 220513. Complete teams. (c) Powers Related to Amateur Athletics and the Olympic, Paralympic, and Pan-American Games \nSection 220506(c) of title 36, United States Code, (as amended by this Act) is amended— (1) in the subsection heading by inserting , Paralympic, and Pan-American after Olympic ; and (2) in paragraph (3), by inserting or paralympic sports organization after governing body. (d) Transition \n(1) Continuance of Existing Board During Transition \nThe individuals serving as members of the Board of Directors of the United States Olympic Committee on the date of enactment of this Act shall continue to serve as the Board until a Board of Directors has been elected under paragraph (2)(B) of this subsection. (2) Initial Nominating and Governance Committee \n(A) In general \nUntil the initial Board of Directors has been elected and taken office, the Nominating and Governance Committee required by section 220505(b)(6)(C) of title 36, United States Code, (as amended by this Act) shall consist of— (i) 1 individual selected by the Athlete’s Advisory Council from among its members; (ii) 1 individual selected by the National Governing Bodies’ Council from among its members; (iii) 1 individual selected by the public-sector directors of the United States Olympic Committee from among such directors serving on the date of enactment of this Act; (iv) 1 individual selected by the Governance and Ethics Task Force established by the United States Olympic Committee in February, 2003, from among its members; and (v) 1 individual selected by the Independent Commission on Reform established by the United States Olympic Committee in March, 2003, from among its members, who shall chair the committee. (B) Election of new board of directors \nThe Nominating and Governance Committee established by paragraph (2) shall— (i) elect an initial Board of Directors who shall serve for the terms provided in section 220505(b)(2)(C) of title 36, United States Code (as amended by this Act); and (ii) elect 1 of the independent members described in section 220505(b)(1)(A)(i) of that title (as amended by this Act) to serve as chair until the terms of the members elected under clause (i) have expired. (C) Eligibility for new board of directors \nMembers of the initial Nominating and Governance Committee shall not be eligible to serve on the initial Board of Directors that has been elected under subparagraph (B), but shall be eligible for election to subsequent Boards.", "id": "H7DEE5654FEC04BE985752F01CCCAFD03", "header": "Governance", "nested": [ { "text": "(a) In General \nChapter 2205 of title 36, United States Code, is amended by redesignating sections 220505 through 220512 as sections 220506 through 220513, respectively, and inserting after section 220504 the following new section: 220505. Governance \n(a) In General \nConsistent with the provisions of this chapter, the corporation shall adopt bylaws to establish and maintain provisions with respect to its governance which shall include the requirements contained in subsections (b) through (f): (b) Board of Directors \n(1) In general \nThe corporation shall be governed by a Board of Directors (in this chapter referred to as the Board ) as follows: (A) Elected members \nThe Board shall be composed of 9 elected members who shall be nominated by the Nominating and Governance Committee (described in paragraph (7)(C)). The elected members shall consist of— (i) 5 members who shall be independent directors; (ii) 2 members who shall be elected from among individuals proposed by the National Governing Bodies Council; and (iii) 2 members who shall be elected from among individuals proposed by the Athlete’s Advisory Council. (B) Ex officio members \nThe Board shall have as ex officio members the members of the International Olympic Committee (IOC) that are required by that committee’s charter. (C) Non-voting members \n(i) Liaison of the Olympic Assembly \nThe liaison of the Olympic Assembly (described in subsection (d)(3)) shall serve as a nonvoting ex officio member of the Board. (ii) Representation of Paralympic Sports Organization \nUnless at least 1 of the elected members under subparagraph (A) is a representative of a paralympic sports organization, such a representative shall be appointed by the Nominating and Governance Committee of the Board to serve as a nonvoting member of the Board. (2) Terms \nMembers of the Board shall serve for appointed terms in accordance with the bylaws of the corporation. Except as provided in paragraph (6), no member shall serve on the Board for a period greater than 6 years. (3) Qualifications \nEach member shall have demonstrated the highest character and integrity, significant professional success, and a commitment to public service, and shall have demonstrated by their vocation or experience the capacity to further the objectives and purposes of the United States Olympic Committee, and shall have such other specific qualities or expertise as the Board considers necessary. (4) Removal \nMembers may be removed from the Board only for cause, in accordance with the bylaws of the corporation. (5) Voting \n(A) In general \n(i) Elected members \nEach of the 9 elected members described in paragraph (1)(A) shall have the number of votes equal to the number of ex officio members described in paragraph (1)(B). (ii) ex officio members \nThe ex officio members described in paragraph (1)(B) shall each have 1 vote on all matters on which the Board votes except— (I) the selection of the chair of the Board; (II) the election of new members; (III) the composition of Board committees; and (IV) any matter which presents such members with a conflict of interest. (B) Tie votes \nA tie vote shall be broken as provided for in the bylaws of the corporation, in accordance with the following: (i) Matters of purely business and governance \nOn matters related purely to the business and governance of the corporation, a tie vote of the Board shall be broken by the majority of the votes cast by the independent directors described in paragraph (1)(A)(i). (ii) Matters related to sport \nOn matters related to sport and all matters other than those described in clause (i), a tie vote of the Board shall be broken by a majority of the votes cast by the members described in clauses (ii) and (iii) of paragraph (1)(A), and the ex officio members described in paragraph (1)(B). (6) Chair \nThe Board shall elect 1 of the members to serve as chair of the Board, who shall serve as chair for a term of 4 years. The chair may serve an additional 2 years (beyond the term established for the Board in paragraph (2)) in order to complete his or her 4 year term as chair. The first chair elected after the date of enactment of the United States Olympic Committee Reform Act shall be an independent member. (7) Committees \nIn addition to any committees, subcommittees, and task forces as may be necessary or appropriate and for which sufficient funds exist, the Board shall establish the following standing committees: (A) An Audit Committee, consisting of— (i) 3 Board members described in paragraph (1)(A)(i); and (ii) 1 Board member described in paragraph (1)(A)(iii). (B) An Ethics Committee, consisting of— (i) 3 persons who meet the definition of independent director in section 220501(b)(5) and who are not members of the Board; (ii) 1 person who meets the definition of amateur athlete in section 220501(b)(1) and who is not a member of the Board; and (iii) 1 elected member of the Board described in paragraph (1)(A). (C) A Nominating and Governance Committee and a Compensation Committee, each consisting of— (i) 3 Board members described in paragraph (1)(A)(i); (ii) 1 Board member described in paragraph (1)(A)(ii); and (iii) 1 Board member described in paragraph (1)(A)(iii). (8) Remuneration and Travel Expenses \nThe members of the Board shall not receive any compensation, fee, salary, or other remuneration for their service on the Board, but shall be reimbursed for actual and reasonable travel expenses incurred for attending Board meetings or in furtherance of duties that they have been requested to perform by the Chair. (9) Duties \nThe Board shall have the following duties: (A) To oversee the corporation’s business and operations in the United States and abroad, including all matters relating to financial, commercial, legal, personnel, and governance. (B) To set the policy and direction of the corporation consistent with the corporation’s mission and purposes. (C) To establish a Nominating and Governance Committee to provide for a process for nominating new Board members. (D) To elect new Board members from among those persons nominated by the Nominating and Governance Committee. (E) To elect the chair of the Board. (F) To select and evaluate the Chief Executive Officer. (G) To oversee the bid city process in the United States, and to monitor the organizing committee of the Olympic Games when the Games are held in the United States. (c) Chief Executive Officer \n(1) In General \nThe corporation shall have a chief executive officer who shall not be a member of the Board of Directors. The chief executive officer shall be elected by, and report to, the Board, as provided in the bylaws of the corporation. The chief executive officer shall be responsible, with Board approval, for filling other key senior management positions as provided in the bylaws of the corporation. (2) Duties \nThe chief executive officer shall, either directly or by delegation— (A) manage all staff functions and the day-to-day affairs and business operations of the corporation, including relations with international organizations; and (B) implement the mission and policies of the corporation, as determined by the Board. (d) Olympic Assembly \n(1) In general \nThe corporation shall have an Olympic Assembly (in this chapter referred to as the Assembly) in which all of the constituencies of the corporation shall be represented. The size and composition of the Assembly shall be determined by the Board and shall include— (A) Olympic athletes and former Olympic athletes; (B) representatives of Olympic sports organizations; (C) representatives of Pan American sports organizations; (D) a representative of an affiliated sports organization; (E) representatives of community-based and education-based multisport organizations; (F) representatives of the United States Armed Forces; and (G) a representative of a State Olympic organization. (2) Terms \nEach member of the Assembly shall serve for a term of 4 years, beginning with the first meeting following a Summer Olympic Games and extending until the first meeting following the subsequent Summer Olympic Games. There shall be no limit to the number of terms which a member may serve. (3) Liaison \nEach Assembly shall elect a liaison from among its members who shall preside over the annual meetings of the Assembly, and who shall be limited to serving 1 term of 4 years. (4) Role and responsibilities \n(A) Required activities \nThe Assembly shall— (i) meet annually, at the time of a meeting of the Board of Directors, to represent the interests of its members; and (ii) receive and review reports from the Board concerning sport matters and the business of the corporation. (B) Permitted activities \nThe Assembly may— (i) propose items for consideration by the chair to be included on the agenda for the Board; and (ii) perform other functions as the Board determines to be appropriate. (5) Expenses \nThe Board shall set the budget for the Assembly, which may pay the actual and reasonable expenses of members of the Assembly to attend the annual meeting, and any special meetings called by the Board. (e) Standards and Compliance Program \nThe corporation shall maintain a standards and compliance program that includes, at minimum, the following requirements: (1) The development and distribution of written standards of conduct, as well as written policies, procedures, and protocols that promote the United States Olympic Committee’s commitment to compliance with such standards and address specific areas of potential infractions of compliance. (2) The designation of a compliance or ethics officer at the executive level who shall report to the Board and shall be charged with the responsibility for developing, operating, and monitoring the compliance program. (3) The development and implementation of regular, effective education and training programs for all affected United States Olympic Committee employees, including paid senior management, officers, volunteers, and directors of a member organization. (4) The creation and maintenance of an effective line of communication between the compliance officer and all United States Olympic Committee employees and volunteers, including a process, such as a hotline or other reporting system, to receive complaints, and the adoption of procedures to protect the anonymity of complainants and to protect complainants from retaliation. (5) The use of audits and other risk evaluation techniques to monitor compliance, identify problem areas, affecting the United States Olympic Committee, its officers, employees, and volunteers, and assist in the reduction of identified problems. (6) The development of policies and procedures with respect to the investigation of identified systemic problems, which include direction regarding the prompt and proper response to detected offenses, such as the initiation of appropriate corrective action and preventive measures. (7) The development of a system to respond to allegations of illegal or improper activities and the enforcement of appropriate disciplinary action against United States Olympic Committee employees who have violated internal compliance policies, applicable statutes, regulations, or other United states Olympic Committee requirements. (f) 10-year Review \nNot later than January 1, 2014, and every 10 years thereafter, the Board shall appoint an independent commission to study and determine whether the governance structure of the corporation continues to serve the purpose for which it was created. Such commission shall transmit to Congress a report which shall include recommendations for changes to the governance structure of the corporation..", "id": "H5FDBABE838CF40C4B1341111771F4346", "header": "In General", "nested": [], "links": [ { "text": "Chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" } ] }, { "text": "(b) Table of sections \nThe table of sections for subchapter I of chapter 2205 of title 36, United States Code, is amended to read as follows: SUBCHAPTER I—CORPORATION Sec 220501. Title and definitions 220502. Organization 220503. Purposes 220504. Membership 220505. Governance 220506. Powers 220507. Exclusive right to name, seals, emblems, and badges 220508. Restrictions 220509. Headquarters, principle office, and meetings 220510. Resolution of disputes 220511. Services of process 220512. Annual report 220513. Complete teams.", "id": "H03809043B7694D7FBC00F9418152D398", "header": "Table of sections", "nested": [], "links": [ { "text": "chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" } ] }, { "text": "(c) Powers Related to Amateur Athletics and the Olympic, Paralympic, and Pan-American Games \nSection 220506(c) of title 36, United States Code, (as amended by this Act) is amended— (1) in the subsection heading by inserting , Paralympic, and Pan-American after Olympic ; and (2) in paragraph (3), by inserting or paralympic sports organization after governing body.", "id": "HEDED05B0E59D4E85AE8F562B00C98550", "header": "Powers Related to Amateur Athletics and the Olympic, Paralympic, and Pan-American Games", "nested": [], "links": [ { "text": "Section 220506(c)", "legal-doc": "usc", "parsable-cite": "usc/36/220506" } ] }, { "text": "(d) Transition \n(1) Continuance of Existing Board During Transition \nThe individuals serving as members of the Board of Directors of the United States Olympic Committee on the date of enactment of this Act shall continue to serve as the Board until a Board of Directors has been elected under paragraph (2)(B) of this subsection. (2) Initial Nominating and Governance Committee \n(A) In general \nUntil the initial Board of Directors has been elected and taken office, the Nominating and Governance Committee required by section 220505(b)(6)(C) of title 36, United States Code, (as amended by this Act) shall consist of— (i) 1 individual selected by the Athlete’s Advisory Council from among its members; (ii) 1 individual selected by the National Governing Bodies’ Council from among its members; (iii) 1 individual selected by the public-sector directors of the United States Olympic Committee from among such directors serving on the date of enactment of this Act; (iv) 1 individual selected by the Governance and Ethics Task Force established by the United States Olympic Committee in February, 2003, from among its members; and (v) 1 individual selected by the Independent Commission on Reform established by the United States Olympic Committee in March, 2003, from among its members, who shall chair the committee. (B) Election of new board of directors \nThe Nominating and Governance Committee established by paragraph (2) shall— (i) elect an initial Board of Directors who shall serve for the terms provided in section 220505(b)(2)(C) of title 36, United States Code (as amended by this Act); and (ii) elect 1 of the independent members described in section 220505(b)(1)(A)(i) of that title (as amended by this Act) to serve as chair until the terms of the members elected under clause (i) have expired. (C) Eligibility for new board of directors \nMembers of the initial Nominating and Governance Committee shall not be eligible to serve on the initial Board of Directors that has been elected under subparagraph (B), but shall be eligible for election to subsequent Boards.", "id": "HCB367661030E44BDA257974EB20051FE", "header": "Transition", "nested": [], "links": [ { "text": "section 220505(b)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/36/220505" }, { "text": "section 220505(b)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/36/220505" } ] } ], "links": [ { "text": "Chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" }, { "text": "chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" }, { "text": "Section 220506(c)", "legal-doc": "usc", "parsable-cite": "usc/36/220506" }, { "text": "section 220505(b)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/36/220505" }, { "text": "section 220505(b)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/36/220505" } ] }, { "text": "220505. Governance \n(a) In General \nConsistent with the provisions of this chapter, the corporation shall adopt bylaws to establish and maintain provisions with respect to its governance which shall include the requirements contained in subsections (b) through (f): (b) Board of Directors \n(1) In general \nThe corporation shall be governed by a Board of Directors (in this chapter referred to as the Board ) as follows: (A) Elected members \nThe Board shall be composed of 9 elected members who shall be nominated by the Nominating and Governance Committee (described in paragraph (7)(C)). The elected members shall consist of— (i) 5 members who shall be independent directors; (ii) 2 members who shall be elected from among individuals proposed by the National Governing Bodies Council; and (iii) 2 members who shall be elected from among individuals proposed by the Athlete’s Advisory Council. (B) Ex officio members \nThe Board shall have as ex officio members the members of the International Olympic Committee (IOC) that are required by that committee’s charter. (C) Non-voting members \n(i) Liaison of the Olympic Assembly \nThe liaison of the Olympic Assembly (described in subsection (d)(3)) shall serve as a nonvoting ex officio member of the Board. (ii) Representation of Paralympic Sports Organization \nUnless at least 1 of the elected members under subparagraph (A) is a representative of a paralympic sports organization, such a representative shall be appointed by the Nominating and Governance Committee of the Board to serve as a nonvoting member of the Board. (2) Terms \nMembers of the Board shall serve for appointed terms in accordance with the bylaws of the corporation. Except as provided in paragraph (6), no member shall serve on the Board for a period greater than 6 years. (3) Qualifications \nEach member shall have demonstrated the highest character and integrity, significant professional success, and a commitment to public service, and shall have demonstrated by their vocation or experience the capacity to further the objectives and purposes of the United States Olympic Committee, and shall have such other specific qualities or expertise as the Board considers necessary. (4) Removal \nMembers may be removed from the Board only for cause, in accordance with the bylaws of the corporation. (5) Voting \n(A) In general \n(i) Elected members \nEach of the 9 elected members described in paragraph (1)(A) shall have the number of votes equal to the number of ex officio members described in paragraph (1)(B). (ii) ex officio members \nThe ex officio members described in paragraph (1)(B) shall each have 1 vote on all matters on which the Board votes except— (I) the selection of the chair of the Board; (II) the election of new members; (III) the composition of Board committees; and (IV) any matter which presents such members with a conflict of interest. (B) Tie votes \nA tie vote shall be broken as provided for in the bylaws of the corporation, in accordance with the following: (i) Matters of purely business and governance \nOn matters related purely to the business and governance of the corporation, a tie vote of the Board shall be broken by the majority of the votes cast by the independent directors described in paragraph (1)(A)(i). (ii) Matters related to sport \nOn matters related to sport and all matters other than those described in clause (i), a tie vote of the Board shall be broken by a majority of the votes cast by the members described in clauses (ii) and (iii) of paragraph (1)(A), and the ex officio members described in paragraph (1)(B). (6) Chair \nThe Board shall elect 1 of the members to serve as chair of the Board, who shall serve as chair for a term of 4 years. The chair may serve an additional 2 years (beyond the term established for the Board in paragraph (2)) in order to complete his or her 4 year term as chair. The first chair elected after the date of enactment of the United States Olympic Committee Reform Act shall be an independent member. (7) Committees \nIn addition to any committees, subcommittees, and task forces as may be necessary or appropriate and for which sufficient funds exist, the Board shall establish the following standing committees: (A) An Audit Committee, consisting of— (i) 3 Board members described in paragraph (1)(A)(i); and (ii) 1 Board member described in paragraph (1)(A)(iii). (B) An Ethics Committee, consisting of— (i) 3 persons who meet the definition of independent director in section 220501(b)(5) and who are not members of the Board; (ii) 1 person who meets the definition of amateur athlete in section 220501(b)(1) and who is not a member of the Board; and (iii) 1 elected member of the Board described in paragraph (1)(A). (C) A Nominating and Governance Committee and a Compensation Committee, each consisting of— (i) 3 Board members described in paragraph (1)(A)(i); (ii) 1 Board member described in paragraph (1)(A)(ii); and (iii) 1 Board member described in paragraph (1)(A)(iii). (8) Remuneration and Travel Expenses \nThe members of the Board shall not receive any compensation, fee, salary, or other remuneration for their service on the Board, but shall be reimbursed for actual and reasonable travel expenses incurred for attending Board meetings or in furtherance of duties that they have been requested to perform by the Chair. (9) Duties \nThe Board shall have the following duties: (A) To oversee the corporation’s business and operations in the United States and abroad, including all matters relating to financial, commercial, legal, personnel, and governance. (B) To set the policy and direction of the corporation consistent with the corporation’s mission and purposes. (C) To establish a Nominating and Governance Committee to provide for a process for nominating new Board members. (D) To elect new Board members from among those persons nominated by the Nominating and Governance Committee. (E) To elect the chair of the Board. (F) To select and evaluate the Chief Executive Officer. (G) To oversee the bid city process in the United States, and to monitor the organizing committee of the Olympic Games when the Games are held in the United States. (c) Chief Executive Officer \n(1) In General \nThe corporation shall have a chief executive officer who shall not be a member of the Board of Directors. The chief executive officer shall be elected by, and report to, the Board, as provided in the bylaws of the corporation. The chief executive officer shall be responsible, with Board approval, for filling other key senior management positions as provided in the bylaws of the corporation. (2) Duties \nThe chief executive officer shall, either directly or by delegation— (A) manage all staff functions and the day-to-day affairs and business operations of the corporation, including relations with international organizations; and (B) implement the mission and policies of the corporation, as determined by the Board. (d) Olympic Assembly \n(1) In general \nThe corporation shall have an Olympic Assembly (in this chapter referred to as the Assembly) in which all of the constituencies of the corporation shall be represented. The size and composition of the Assembly shall be determined by the Board and shall include— (A) Olympic athletes and former Olympic athletes; (B) representatives of Olympic sports organizations; (C) representatives of Pan American sports organizations; (D) a representative of an affiliated sports organization; (E) representatives of community-based and education-based multisport organizations; (F) representatives of the United States Armed Forces; and (G) a representative of a State Olympic organization. (2) Terms \nEach member of the Assembly shall serve for a term of 4 years, beginning with the first meeting following a Summer Olympic Games and extending until the first meeting following the subsequent Summer Olympic Games. There shall be no limit to the number of terms which a member may serve. (3) Liaison \nEach Assembly shall elect a liaison from among its members who shall preside over the annual meetings of the Assembly, and who shall be limited to serving 1 term of 4 years. (4) Role and responsibilities \n(A) Required activities \nThe Assembly shall— (i) meet annually, at the time of a meeting of the Board of Directors, to represent the interests of its members; and (ii) receive and review reports from the Board concerning sport matters and the business of the corporation. (B) Permitted activities \nThe Assembly may— (i) propose items for consideration by the chair to be included on the agenda for the Board; and (ii) perform other functions as the Board determines to be appropriate. (5) Expenses \nThe Board shall set the budget for the Assembly, which may pay the actual and reasonable expenses of members of the Assembly to attend the annual meeting, and any special meetings called by the Board. (e) Standards and Compliance Program \nThe corporation shall maintain a standards and compliance program that includes, at minimum, the following requirements: (1) The development and distribution of written standards of conduct, as well as written policies, procedures, and protocols that promote the United States Olympic Committee’s commitment to compliance with such standards and address specific areas of potential infractions of compliance. (2) The designation of a compliance or ethics officer at the executive level who shall report to the Board and shall be charged with the responsibility for developing, operating, and monitoring the compliance program. (3) The development and implementation of regular, effective education and training programs for all affected United States Olympic Committee employees, including paid senior management, officers, volunteers, and directors of a member organization. (4) The creation and maintenance of an effective line of communication between the compliance officer and all United States Olympic Committee employees and volunteers, including a process, such as a hotline or other reporting system, to receive complaints, and the adoption of procedures to protect the anonymity of complainants and to protect complainants from retaliation. (5) The use of audits and other risk evaluation techniques to monitor compliance, identify problem areas, affecting the United States Olympic Committee, its officers, employees, and volunteers, and assist in the reduction of identified problems. (6) The development of policies and procedures with respect to the investigation of identified systemic problems, which include direction regarding the prompt and proper response to detected offenses, such as the initiation of appropriate corrective action and preventive measures. (7) The development of a system to respond to allegations of illegal or improper activities and the enforcement of appropriate disciplinary action against United States Olympic Committee employees who have violated internal compliance policies, applicable statutes, regulations, or other United states Olympic Committee requirements. (f) 10-year Review \nNot later than January 1, 2014, and every 10 years thereafter, the Board shall appoint an independent commission to study and determine whether the governance structure of the corporation continues to serve the purpose for which it was created. Such commission shall transmit to Congress a report which shall include recommendations for changes to the governance structure of the corporation.", "id": "HA04CC76FF8824AE198431CE80011F6D5", "header": "Governance", "nested": [ { "text": "(a) In General \nConsistent with the provisions of this chapter, the corporation shall adopt bylaws to establish and maintain provisions with respect to its governance which shall include the requirements contained in subsections (b) through (f):", "id": "H8EEA35E9891F42378DB5AE06A1708F8F", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Board of Directors \n(1) In general \nThe corporation shall be governed by a Board of Directors (in this chapter referred to as the Board ) as follows: (A) Elected members \nThe Board shall be composed of 9 elected members who shall be nominated by the Nominating and Governance Committee (described in paragraph (7)(C)). The elected members shall consist of— (i) 5 members who shall be independent directors; (ii) 2 members who shall be elected from among individuals proposed by the National Governing Bodies Council; and (iii) 2 members who shall be elected from among individuals proposed by the Athlete’s Advisory Council. (B) Ex officio members \nThe Board shall have as ex officio members the members of the International Olympic Committee (IOC) that are required by that committee’s charter. (C) Non-voting members \n(i) Liaison of the Olympic Assembly \nThe liaison of the Olympic Assembly (described in subsection (d)(3)) shall serve as a nonvoting ex officio member of the Board. (ii) Representation of Paralympic Sports Organization \nUnless at least 1 of the elected members under subparagraph (A) is a representative of a paralympic sports organization, such a representative shall be appointed by the Nominating and Governance Committee of the Board to serve as a nonvoting member of the Board. (2) Terms \nMembers of the Board shall serve for appointed terms in accordance with the bylaws of the corporation. Except as provided in paragraph (6), no member shall serve on the Board for a period greater than 6 years. (3) Qualifications \nEach member shall have demonstrated the highest character and integrity, significant professional success, and a commitment to public service, and shall have demonstrated by their vocation or experience the capacity to further the objectives and purposes of the United States Olympic Committee, and shall have such other specific qualities or expertise as the Board considers necessary. (4) Removal \nMembers may be removed from the Board only for cause, in accordance with the bylaws of the corporation. (5) Voting \n(A) In general \n(i) Elected members \nEach of the 9 elected members described in paragraph (1)(A) shall have the number of votes equal to the number of ex officio members described in paragraph (1)(B). (ii) ex officio members \nThe ex officio members described in paragraph (1)(B) shall each have 1 vote on all matters on which the Board votes except— (I) the selection of the chair of the Board; (II) the election of new members; (III) the composition of Board committees; and (IV) any matter which presents such members with a conflict of interest. (B) Tie votes \nA tie vote shall be broken as provided for in the bylaws of the corporation, in accordance with the following: (i) Matters of purely business and governance \nOn matters related purely to the business and governance of the corporation, a tie vote of the Board shall be broken by the majority of the votes cast by the independent directors described in paragraph (1)(A)(i). (ii) Matters related to sport \nOn matters related to sport and all matters other than those described in clause (i), a tie vote of the Board shall be broken by a majority of the votes cast by the members described in clauses (ii) and (iii) of paragraph (1)(A), and the ex officio members described in paragraph (1)(B). (6) Chair \nThe Board shall elect 1 of the members to serve as chair of the Board, who shall serve as chair for a term of 4 years. The chair may serve an additional 2 years (beyond the term established for the Board in paragraph (2)) in order to complete his or her 4 year term as chair. The first chair elected after the date of enactment of the United States Olympic Committee Reform Act shall be an independent member. (7) Committees \nIn addition to any committees, subcommittees, and task forces as may be necessary or appropriate and for which sufficient funds exist, the Board shall establish the following standing committees: (A) An Audit Committee, consisting of— (i) 3 Board members described in paragraph (1)(A)(i); and (ii) 1 Board member described in paragraph (1)(A)(iii). (B) An Ethics Committee, consisting of— (i) 3 persons who meet the definition of independent director in section 220501(b)(5) and who are not members of the Board; (ii) 1 person who meets the definition of amateur athlete in section 220501(b)(1) and who is not a member of the Board; and (iii) 1 elected member of the Board described in paragraph (1)(A). (C) A Nominating and Governance Committee and a Compensation Committee, each consisting of— (i) 3 Board members described in paragraph (1)(A)(i); (ii) 1 Board member described in paragraph (1)(A)(ii); and (iii) 1 Board member described in paragraph (1)(A)(iii). (8) Remuneration and Travel Expenses \nThe members of the Board shall not receive any compensation, fee, salary, or other remuneration for their service on the Board, but shall be reimbursed for actual and reasonable travel expenses incurred for attending Board meetings or in furtherance of duties that they have been requested to perform by the Chair. (9) Duties \nThe Board shall have the following duties: (A) To oversee the corporation’s business and operations in the United States and abroad, including all matters relating to financial, commercial, legal, personnel, and governance. (B) To set the policy and direction of the corporation consistent with the corporation’s mission and purposes. (C) To establish a Nominating and Governance Committee to provide for a process for nominating new Board members. (D) To elect new Board members from among those persons nominated by the Nominating and Governance Committee. (E) To elect the chair of the Board. (F) To select and evaluate the Chief Executive Officer. (G) To oversee the bid city process in the United States, and to monitor the organizing committee of the Olympic Games when the Games are held in the United States.", "id": "H2077C10F1ABA46C1993C4171B6D1BFD", "header": "Board of Directors", "nested": [], "links": [] }, { "text": "(c) Chief Executive Officer \n(1) In General \nThe corporation shall have a chief executive officer who shall not be a member of the Board of Directors. The chief executive officer shall be elected by, and report to, the Board, as provided in the bylaws of the corporation. The chief executive officer shall be responsible, with Board approval, for filling other key senior management positions as provided in the bylaws of the corporation. (2) Duties \nThe chief executive officer shall, either directly or by delegation— (A) manage all staff functions and the day-to-day affairs and business operations of the corporation, including relations with international organizations; and (B) implement the mission and policies of the corporation, as determined by the Board.", "id": "HCDAB8F4393AB4AAAA4744E9B008903AD", "header": "Chief Executive Officer", "nested": [], "links": [] }, { "text": "(d) Olympic Assembly \n(1) In general \nThe corporation shall have an Olympic Assembly (in this chapter referred to as the Assembly) in which all of the constituencies of the corporation shall be represented. The size and composition of the Assembly shall be determined by the Board and shall include— (A) Olympic athletes and former Olympic athletes; (B) representatives of Olympic sports organizations; (C) representatives of Pan American sports organizations; (D) a representative of an affiliated sports organization; (E) representatives of community-based and education-based multisport organizations; (F) representatives of the United States Armed Forces; and (G) a representative of a State Olympic organization. (2) Terms \nEach member of the Assembly shall serve for a term of 4 years, beginning with the first meeting following a Summer Olympic Games and extending until the first meeting following the subsequent Summer Olympic Games. There shall be no limit to the number of terms which a member may serve. (3) Liaison \nEach Assembly shall elect a liaison from among its members who shall preside over the annual meetings of the Assembly, and who shall be limited to serving 1 term of 4 years. (4) Role and responsibilities \n(A) Required activities \nThe Assembly shall— (i) meet annually, at the time of a meeting of the Board of Directors, to represent the interests of its members; and (ii) receive and review reports from the Board concerning sport matters and the business of the corporation. (B) Permitted activities \nThe Assembly may— (i) propose items for consideration by the chair to be included on the agenda for the Board; and (ii) perform other functions as the Board determines to be appropriate. (5) Expenses \nThe Board shall set the budget for the Assembly, which may pay the actual and reasonable expenses of members of the Assembly to attend the annual meeting, and any special meetings called by the Board.", "id": "H40936BA919C44AC0AFC8D078AA880080", "header": "Olympic Assembly", "nested": [], "links": [] }, { "text": "(e) Standards and Compliance Program \nThe corporation shall maintain a standards and compliance program that includes, at minimum, the following requirements: (1) The development and distribution of written standards of conduct, as well as written policies, procedures, and protocols that promote the United States Olympic Committee’s commitment to compliance with such standards and address specific areas of potential infractions of compliance. (2) The designation of a compliance or ethics officer at the executive level who shall report to the Board and shall be charged with the responsibility for developing, operating, and monitoring the compliance program. (3) The development and implementation of regular, effective education and training programs for all affected United States Olympic Committee employees, including paid senior management, officers, volunteers, and directors of a member organization. (4) The creation and maintenance of an effective line of communication between the compliance officer and all United States Olympic Committee employees and volunteers, including a process, such as a hotline or other reporting system, to receive complaints, and the adoption of procedures to protect the anonymity of complainants and to protect complainants from retaliation. (5) The use of audits and other risk evaluation techniques to monitor compliance, identify problem areas, affecting the United States Olympic Committee, its officers, employees, and volunteers, and assist in the reduction of identified problems. (6) The development of policies and procedures with respect to the investigation of identified systemic problems, which include direction regarding the prompt and proper response to detected offenses, such as the initiation of appropriate corrective action and preventive measures. (7) The development of a system to respond to allegations of illegal or improper activities and the enforcement of appropriate disciplinary action against United States Olympic Committee employees who have violated internal compliance policies, applicable statutes, regulations, or other United states Olympic Committee requirements.", "id": "H6CB934480500493E8B148D3BBE4CBD8C", "header": "Standards and Compliance Program", "nested": [], "links": [] }, { "text": "(f) 10-year Review \nNot later than January 1, 2014, and every 10 years thereafter, the Board shall appoint an independent commission to study and determine whether the governance structure of the corporation continues to serve the purpose for which it was created. Such commission shall transmit to Congress a report which shall include recommendations for changes to the governance structure of the corporation.", "id": "HEEF591B49CBE40D995BAAE66F5B6D9FB", "header": "10-year Review", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Ombudsman \nSection 220510(b) of title 36, United States Code, (as amended by this Act) is amended— (1) in paragraph (1), by striking corporation and inserting Board ; (2) in paragraph (2)(A)(i), by striking corporation’s executive director and inserting Board ; (3) by striking clause (ii) of paragraph (2)(A) and redesignating clause (iii) of such paragraph as clause (ii); (4) in clause (ii) of paragraph (2)(A) (as so redesignated), by striking corporation’s executive committee and inserting Board ; (5) in paragraph (2)(B), by striking corporation and inserting Board ; (6) in paragraph (2)(B)(ii), by striking corporation’s executive committee by either the corporation’s executive director or and inserting Board ; and (7) in paragraph (2)(B)(iii), by striking corporation’s executive committee and inserting Board.", "id": "HA19A1F03FB4A450B8264E6F1388FD133", "header": "Ombudsman", "nested": [], "links": [ { "text": "Section 220510(b)", "legal-doc": "usc", "parsable-cite": "usc/36/220510" } ] }, { "text": "6. Reporting \n(a) Annual Report \nSection 220512 of title 36, United States Code, (as amended by this Act) is amended— (1) by striking every fourth and inserting each ; (2) by striking 4 years and inserting year ; and (3) in paragraph (2) by striking such 4-year period and inserting the preceding year. (b) Special Report \nNotwithstanding any other provision of law, the corporation shall not be required to submit to Congress any additional report, other than a report required by section 220512 of title 36, United States Code, (as amended by this Act) until 2 years after the date of enactment of this Act.", "id": "H82173A3BE3BD42269CBE5FDD8176F7D", "header": "Reporting", "nested": [ { "text": "(a) Annual Report \nSection 220512 of title 36, United States Code, (as amended by this Act) is amended— (1) by striking every fourth and inserting each ; (2) by striking 4 years and inserting year ; and (3) in paragraph (2) by striking such 4-year period and inserting the preceding year.", "id": "HCE9AD46F6E534D2200214D1EA7435EDD", "header": "Annual Report", "nested": [], "links": [ { "text": "Section 220512", "legal-doc": "usc", "parsable-cite": "usc/36/220512" } ] }, { "text": "(b) Special Report \nNotwithstanding any other provision of law, the corporation shall not be required to submit to Congress any additional report, other than a report required by section 220512 of title 36, United States Code, (as amended by this Act) until 2 years after the date of enactment of this Act.", "id": "H0CAC0BFCFF4A42BA8C3D2EA166E89B24", "header": "Special Report", "nested": [], "links": [ { "text": "section 220512", "legal-doc": "usc", "parsable-cite": "usc/36/220512" } ] } ], "links": [ { "text": "Section 220512", "legal-doc": "usc", "parsable-cite": "usc/36/220512" }, { "text": "section 220512", "legal-doc": "usc", "parsable-cite": "usc/36/220512" } ] }, { "text": "7. Promotion of Travel and Tourism in the United States \n(a) In general \nThe Secretary of Commerce shall make grants to qualifying State entities to encourage international visitors to travel to and within the United States for tourism purposes in conjunction with the United States hosting the Olympic or Pan-American Games. The Secretary may require a State entity seeking a grant authorized by this section to submit an application for such grant at such time and in such form and manner as the Secretary may prescribe. (b) Qualifying State Entity \nAs used in this section, the term qualifying State entity means a State or local agency having authority under State or local law to conduct programs to promote travel and tourism, including State and local convention and visitor bureaus, multi-State entities governed by State tourism directors, and multi-jurisdiction entities governed by local tourism directors. (c) Support of other programs or costs prohibited \nAmounts appropriated under subsection (d) shall not be available to— (1) cover the cost of any Federal, State, or local government program or marketing activity other than those authorized under this Act; (2) reimburse the Federal Government for any function performed by an employee or agent of the Federal Government; or (3) create any additional full-time equivalent positions within the Federal Government. (d) Funding \n(1) Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Commerce $1,000,000 for any year in which the United States hosts the Olympic or the Pan-American Games, to remain available until expended. (2) Reversion of unobligated amounts \nFunds appropriated pursuant to paragraph (1) that remain unexpended and unobligated at the end of the fiscal year in which such games are hosted in the United States shall revert to the Treasury of the United States.", "id": "HDE121984AB5C45958CBC1D00E0927D87", "header": "Promotion of Travel and Tourism in the United States", "nested": [ { "text": "(a) In general \nThe Secretary of Commerce shall make grants to qualifying State entities to encourage international visitors to travel to and within the United States for tourism purposes in conjunction with the United States hosting the Olympic or Pan-American Games. The Secretary may require a State entity seeking a grant authorized by this section to submit an application for such grant at such time and in such form and manner as the Secretary may prescribe.", "id": "H9D61119D27B24B34888B47A9FDA882C4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Qualifying State Entity \nAs used in this section, the term qualifying State entity means a State or local agency having authority under State or local law to conduct programs to promote travel and tourism, including State and local convention and visitor bureaus, multi-State entities governed by State tourism directors, and multi-jurisdiction entities governed by local tourism directors.", "id": "H27C9D7A604CD433CBE008106D16C3034", "header": "Qualifying State Entity", "nested": [], "links": [] }, { "text": "(c) Support of other programs or costs prohibited \nAmounts appropriated under subsection (d) shall not be available to— (1) cover the cost of any Federal, State, or local government program or marketing activity other than those authorized under this Act; (2) reimburse the Federal Government for any function performed by an employee or agent of the Federal Government; or (3) create any additional full-time equivalent positions within the Federal Government.", "id": "HEF9C3539F3914CCFB690AE5601F64331", "header": "Support of other programs or costs prohibited", "nested": [], "links": [] }, { "text": "(d) Funding \n(1) Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Commerce $1,000,000 for any year in which the United States hosts the Olympic or the Pan-American Games, to remain available until expended. (2) Reversion of unobligated amounts \nFunds appropriated pursuant to paragraph (1) that remain unexpended and unobligated at the end of the fiscal year in which such games are hosted in the United States shall revert to the Treasury of the United States.", "id": "H29A275076BC74D4AB0A51E245CEED8B", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Study of Impact to Interstate Commerce of Hosting Olympic Games \n(a) Study \nThe Secretary of Commerce shall conduct a study on the projected impact on commerce of a United States bid city hosting the Olympic Games. The study shall include— (1) a projection of the costs and benefits to the host city and surrounding region of hosting the Olympic Games; (2) an analysis of the future economic benefit to be derived from any new infrastructure resulting from hosting the Olympic Games; (3) an assessment of the benefits to interstate commerce from preparing for and hosting the Olympic Games, including new infrastructure, job creation, travel and tourism, and the marketing of goods and services; and (4) a comparison of projected benefits of hosting the Olympic Games to the benefits derived by former United States Olympic host cities. (b) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the findings of the study required by this section.", "id": "H5402F4F24F924D89899DD796B8AE0608", "header": "Study of Impact to Interstate Commerce of Hosting Olympic Games", "nested": [ { "text": "(a) Study \nThe Secretary of Commerce shall conduct a study on the projected impact on commerce of a United States bid city hosting the Olympic Games. The study shall include— (1) a projection of the costs and benefits to the host city and surrounding region of hosting the Olympic Games; (2) an analysis of the future economic benefit to be derived from any new infrastructure resulting from hosting the Olympic Games; (3) an assessment of the benefits to interstate commerce from preparing for and hosting the Olympic Games, including new infrastructure, job creation, travel and tourism, and the marketing of goods and services; and (4) a comparison of projected benefits of hosting the Olympic Games to the benefits derived by former United States Olympic host cities.", "id": "HCF9EE0695A894B3B8DC38E8241A98F3", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the findings of the study required by this section.", "id": "H5F24A76F7DEB4B24BBA58C24E07100A7", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Conforming and Technical Amendments \nChapter 2205 of title 36, United States Code, (as amended by this Act) is amended— (1) in section 220501, by moving paragraph (7) 2 ems to the right; (2) in section 220504, by striking constitution and both places it appears; (3) in section 220506— (A) in subsection (a)— (i) in the subsection heading, by striking Constitution and ; (ii) by striking constitution and ; and (iii) by striking may amend its constitution and inserting may amend its bylaws ; and (B) in subsection (b)(9), by striking this Act and inserting this chapter ; (C) in subsection (c)(5), by striking constitution and ; (4) in section 220507(d)— (A) by moving paragraph (3) 2 ems to the left; and (B) in paragraph (3)(A), by striking subsections and inserting subsection ; (5) in section 220510— (A) in subsection (a), by striking constitution and each place it appears; (B) in subsection (b)(1)(A)— (i) by striking constitution and both places it appears; (ii) by striking a paralympic sports organizations and inserting paralympic sports organizations ; (6) in section 220513, by striking Corporation and inserting corporation ; (7) in section 220521, by striking subsections (a) or (b) and inserting subsection (a) or (b) ; (8) in section 220522(a)(4)(B), by striking constitution and ; and (9) in section 220529, by striking constitution and both places it appears.", "id": "HA4BE1EEF9138423D8EB0E944460036A4", "header": "Conforming and Technical Amendments", "nested": [], "links": [ { "text": "Chapter 2205", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/36/2205" } ] } ]

[ "Judiciary Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H9B23ABCD556947978BC160CC61D5A030", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Passenger and baggage screening operations \n(a) Study \nThe Secretary of Homeland Security shall conduct a study on the workforce size needed to adequately conduct passenger and baggage screening operations. The study shall include an analysis of the optimal screener workforce for security purposes, taking into account the following: passenger demand for air travel, number of airports and screening checkpoints, number of screeners required to operate each checkpoint, use of technology (including in-line explosive detection systems for baggage screening), and any additional screening personnel and other resources that may be necessary to implement section 14 of this Act. The study shall cover all screeners, whether employed by the Transportation Security Administration or private companies. (b) Report \nNot later than December 31, 2004, the Secretary shall transmit to Congress a report on the results of the study, together with recommendations concerning the appropriate screener staffing level, including assessments of full time versus part time screeners, and appropriate ratio of supervisors, lead screeners, and screeners. The Secretary shall include in this report a description of the assumptions used for determining acceptable passenger wait times at screening checkpoints, and how different lengths of expected wait times would influence the analysis.", "id": "H5E1CE1C9CF2B433E805104003790DC45", "header": "Passenger and baggage screening operations", "nested": [ { "text": "(a) Study \nThe Secretary of Homeland Security shall conduct a study on the workforce size needed to adequately conduct passenger and baggage screening operations. The study shall include an analysis of the optimal screener workforce for security purposes, taking into account the following: passenger demand for air travel, number of airports and screening checkpoints, number of screeners required to operate each checkpoint, use of technology (including in-line explosive detection systems for baggage screening), and any additional screening personnel and other resources that may be necessary to implement section 14 of this Act. The study shall cover all screeners, whether employed by the Transportation Security Administration or private companies.", "id": "H8D1C2E5F330F42DB95B96DCE1BFEC3E5", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than December 31, 2004, the Secretary shall transmit to Congress a report on the results of the study, together with recommendations concerning the appropriate screener staffing level, including assessments of full time versus part time screeners, and appropriate ratio of supervisors, lead screeners, and screeners. The Secretary shall include in this report a description of the assumptions used for determining acceptable passenger wait times at screening checkpoints, and how different lengths of expected wait times would influence the analysis.", "id": "HE2D12362F5B7480E93F07778119000FC", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Procedures for opting out of federalized screening \n(a) Report \nIf the Department of Homeland Security authorizes an airport to opt out of federalized screening under section 44919 of title 49, United States Code, the Secretary shall transmit to Congress on the date of such authorization a report certifying that security will be preserved at the airport. (b) Contents \nThe report shall include, at a minimum, the following: (1) The security and nonsecurity factors that the Transportation Security Administration used to evaluate the application to opt out of federalized screening. (2) A description of how the Administration will ensure compliance of security regulations and statutes at the airport on a regular and continuing basis. (3) All security functions for which the Administration will maintain direct responsibility at the airport. (4) The decisionmaking authority for screening operations retained by the Administration, and those authorities transferred to the airport or private screening entity. (5) The amount of Federal funds that will be provided to the airport or private screening entity for screening operations, for what purposes, and how such funds will be provided.", "id": "H1DD879B5D9614F928D4CE128D42CCDFD", "header": "Procedures for opting out of federalized screening", "nested": [ { "text": "(a) Report \nIf the Department of Homeland Security authorizes an airport to opt out of federalized screening under section 44919 of title 49, United States Code, the Secretary shall transmit to Congress on the date of such authorization a report certifying that security will be preserved at the airport.", "id": "H7278C7C9B53F46EF8207DF5456E503DB", "header": "Report", "nested": [], "links": [ { "text": "section 44919", "legal-doc": "usc", "parsable-cite": "usc/49/44919" } ] }, { "text": "(b) Contents \nThe report shall include, at a minimum, the following: (1) The security and nonsecurity factors that the Transportation Security Administration used to evaluate the application to opt out of federalized screening. (2) A description of how the Administration will ensure compliance of security regulations and statutes at the airport on a regular and continuing basis. (3) All security functions for which the Administration will maintain direct responsibility at the airport. (4) The decisionmaking authority for screening operations retained by the Administration, and those authorities transferred to the airport or private screening entity. (5) The amount of Federal funds that will be provided to the airport or private screening entity for screening operations, for what purposes, and how such funds will be provided.", "id": "H686381D334E142DBB352F2AAC938D32", "header": "Contents", "nested": [], "links": [] } ], "links": [ { "text": "section 44919", "legal-doc": "usc", "parsable-cite": "usc/49/44919" } ] }, { "text": "4. Explosive detection equipment \nIn entering into agreements with airports to install electronic detection equipment or to alter airport structures to facilitate explosive detection equipment, the Secretary of Homeland Security shall give priority to those airports that have not met the requirement of section 44901(d) of title 49, United States Code, to screen all checked baggage with explosive detection systems.", "id": "H0514A4C390C64B1DB42F00223B5411F0", "header": "Explosive detection equipment", "nested": [], "links": [ { "text": "section 44901(d)", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] }, { "text": "5. Elimination of bag-match program as acceptable alternative for checked baggage \n(a) In General \nSection 44901(e) of title 49, United States Code, is amended— (1) by striking paragraph (1); and (2 by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (b) Limitation on Statutory Construction \nNothing in this section (including the amendments made by subsection (a)) shall be construed to prevent the Transportation Security Administration from using the bag-match program as a supplemental means of securing checked baggage.", "id": "H893AFC8B280747978000FA864516F82D", "header": "Elimination of bag-match program as acceptable alternative for checked baggage", "nested": [ { "text": "(a) In General \nSection 44901(e) of title 49, United States Code, is amended— (1) by striking paragraph (1); and (2 by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively.", "id": "HD6C3285D63D546CCB92341009722F9B8", "header": "In General", "nested": [], "links": [ { "text": "Section 44901(e)", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] }, { "text": "(b) Limitation on Statutory Construction \nNothing in this section (including the amendments made by subsection (a)) shall be construed to prevent the Transportation Security Administration from using the bag-match program as a supplemental means of securing checked baggage.", "id": "H2365B5A7C0924FE08B232289003C97AE", "header": "Limitation on Statutory Construction", "nested": [], "links": [] } ], "links": [ { "text": "Section 44901(e)", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] }, { "text": "6. Aviation security technologies \n(a) Report \nAs part of the Department of Homeland Security’s budget request for fiscal year 2006, the Secretary of Homeland Security shall transmit to Congress a report on— (1) the status and technical maturity of aviation security technologies (including technologies for detecting explosive, chemical, biological, or radiological materials on or in passengers, carry-on or checked baggage, or air cargo, improving resolution and readability of x-ray-based baggage screening systems, integrating the threat imaging projection system into checked baggage detection systems, and site access security for airport facilities); (2) the planned schedule for deployment of such technologies; (3) the expected costs for development, testing, evaluation, procurement, and installation, and projected annual costs for operation and maintenance, of such technologies; (4) potential deployment problems in an airport setting; and (5) the advisability of deploying security technologies to airports in a manner that maximizes the number of technologies that Federal and airport security personnel can effectively operate. (b) Technology specifications and certification \nNot later than 6 months after the date of enactment of this Act, the Secretary, acting through the head of the Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary for Information Analysis and Infrastructure Protection, shall— (1) issue updated technical specifications governing the use of explosive detection systems for baggage screening based on the most recent assessment of terrorist capabilities, potential impacts upon aircraft and passengers of the use of various weapons or dangerous materials, and the state of explosive detection technology; (2) determine the compliance with such specifications of currently deployed baggage screening equipment; (3) use such specifications for future certification of new technologies for use in baggage screening; and (4) issue technical specifications governing the use of technology for screening air cargo if the Secretary determines that explosive detection technologies under paragraph (1) for passenger and baggage screening do not meet the needs for screening air cargo in accordance with the system established under section 404 of the Homeland Security Act of 2002.", "id": "HBD5C5DD87AF44DF0A202AACA1D418ED9", "header": "Aviation security technologies", "nested": [ { "text": "(a) Report \nAs part of the Department of Homeland Security’s budget request for fiscal year 2006, the Secretary of Homeland Security shall transmit to Congress a report on— (1) the status and technical maturity of aviation security technologies (including technologies for detecting explosive, chemical, biological, or radiological materials on or in passengers, carry-on or checked baggage, or air cargo, improving resolution and readability of x-ray-based baggage screening systems, integrating the threat imaging projection system into checked baggage detection systems, and site access security for airport facilities); (2) the planned schedule for deployment of such technologies; (3) the expected costs for development, testing, evaluation, procurement, and installation, and projected annual costs for operation and maintenance, of such technologies; (4) potential deployment problems in an airport setting; and (5) the advisability of deploying security technologies to airports in a manner that maximizes the number of technologies that Federal and airport security personnel can effectively operate.", "id": "H7924CC9E3AA844FFB524CDC13AE0212", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Technology specifications and certification \nNot later than 6 months after the date of enactment of this Act, the Secretary, acting through the head of the Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary for Information Analysis and Infrastructure Protection, shall— (1) issue updated technical specifications governing the use of explosive detection systems for baggage screening based on the most recent assessment of terrorist capabilities, potential impacts upon aircraft and passengers of the use of various weapons or dangerous materials, and the state of explosive detection technology; (2) determine the compliance with such specifications of currently deployed baggage screening equipment; (3) use such specifications for future certification of new technologies for use in baggage screening; and (4) issue technical specifications governing the use of technology for screening air cargo if the Secretary determines that explosive detection technologies under paragraph (1) for passenger and baggage screening do not meet the needs for screening air cargo in accordance with the system established under section 404 of the Homeland Security Act of 2002.", "id": "H8FD1A95A70BB48A29721D104A7B1499", "header": "Technology specifications and certification", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Inspection of cargo carried aboard passenger aircraft \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201–203 ) is amended by adding at the end the following: 404. Air cargo on passenger aircraft \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code). The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report \nNot later than 210 days after the date of enactment of this section, the Secretary shall transmit to Congress a report describing the system under subsection (a). (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "HBDECC32908C948A0B2FEABB34BA36B14", "header": "Inspection of cargo carried aboard passenger aircraft", "nested": [], "links": [ { "text": "6 U.S.C. 201–203", "legal-doc": "usc", "parsable-cite": "usc/6/201" }, { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "404. Air cargo on passenger aircraft \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code). The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report \nNot later than 210 days after the date of enactment of this section, the Secretary shall transmit to Congress a report describing the system under subsection (a). (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "HA6A64008A0C84BF1A68C8D31F0070D9", "header": "Air cargo on passenger aircraft", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code). The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage.", "id": "H7A2B9E3E73464EA8803B6602629C94C2", "header": "In general", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "(b) Report \nNot later than 210 days after the date of enactment of this section, the Secretary shall transmit to Congress a report describing the system under subsection (a).", "id": "H85B2DE627F0D48F689D826D00C8FCFE", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H649BC152978E495087FAC41817268245", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "8. Database on known shipping companies \n(a) In general \nNot later than April 1, 2005, the Secretary of Homeland Security shall complete, and make available as appropriate to personnel of the Transportation Security Administration, freight forwarders, airport authorities, air carriers, and other relevant entities a database containing the names and other relevant information of all known shipping companies. In making such database available to nongovernmental entities, the Secretary shall ensure that sensitive security information and company proprietary information is adequately protected. (b) Report \nNot later than the 30th day following the date of the completion of the database under subsection (a), the Secretary shall transmit to Congress a report on the number of known shipping companies in the database, the number of known shipping companies for whom the Administration has conducted physical inspections of facilities and paperwork of such companies to determine compliance with security regulations that apply to those companies, the number of companies that have applied to the Secretary for known shipping company status and been denied, and the number of known shipping companies that have been removed from the database as a result of findings by the Administration that such companies have failed to comply with appropriate security regulations", "id": "H171BEBDABA554867B97122F55668AECD", "header": "Database on known shipping companies", "nested": [ { "text": "(a) In general \nNot later than April 1, 2005, the Secretary of Homeland Security shall complete, and make available as appropriate to personnel of the Transportation Security Administration, freight forwarders, airport authorities, air carriers, and other relevant entities a database containing the names and other relevant information of all known shipping companies. In making such database available to nongovernmental entities, the Secretary shall ensure that sensitive security information and company proprietary information is adequately protected.", "id": "H609858AE58864E0C008D18895F25C82E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than the 30th day following the date of the completion of the database under subsection (a), the Secretary shall transmit to Congress a report on the number of known shipping companies in the database, the number of known shipping companies for whom the Administration has conducted physical inspections of facilities and paperwork of such companies to determine compliance with security regulations that apply to those companies, the number of companies that have applied to the Secretary for known shipping company status and been denied, and the number of known shipping companies that have been removed from the database as a result of findings by the Administration that such companies have failed to comply with appropriate security regulations", "id": "HBC4F9337A3664423A74C62A6EDDCA633", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Training programs \n(a) In general \nFor the purposes of deploying Federal law enforcement officers not part of the Federal Air Marshal Service as alternative security personnel on commercial aircraft— (1) the Secretary of Homeland Security, not later than the 90th day following the date of enactment of this Act, shall establish training standards that all Federal law enforcement officers must meet in order to serve as Federal air marshals; and (2) the head of the Federal Air Marshal Service, in determining on which flights to place one or more Federal air marshals, shall— (A) have access to information on whether Federal law enforcement officials meeting the training standards established under paragraph (1) are scheduled to travel on commercial flights; and (B) not substitute Federal law enforcement officials that have not met such training standards for Federal air marshal personnel. (b) Waiver \nThe Secretary may waive the requirement of subsection (a)(2)(B) for not to exceed 6 months after the 90th day referred to in subsection (a) if necessary for security purposes. (c) Report \nThe Secretary shall transmit to Congress a report on the timeline for providing training required to carry out subsection (a)(2) and any additional resources needed to implement this section.", "id": "H4E7DDBC012A74DED8C8BAC2B3E3B20FA", "header": "Training programs", "nested": [ { "text": "(a) In general \nFor the purposes of deploying Federal law enforcement officers not part of the Federal Air Marshal Service as alternative security personnel on commercial aircraft— (1) the Secretary of Homeland Security, not later than the 90th day following the date of enactment of this Act, shall establish training standards that all Federal law enforcement officers must meet in order to serve as Federal air marshals; and (2) the head of the Federal Air Marshal Service, in determining on which flights to place one or more Federal air marshals, shall— (A) have access to information on whether Federal law enforcement officials meeting the training standards established under paragraph (1) are scheduled to travel on commercial flights; and (B) not substitute Federal law enforcement officials that have not met such training standards for Federal air marshal personnel.", "id": "H4E21374657294D7A94D8D4329D66EC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe Secretary may waive the requirement of subsection (a)(2)(B) for not to exceed 6 months after the 90th day referred to in subsection (a) if necessary for security purposes.", "id": "H8E532ED4B8AC434A9BEE6908AE18AAD4", "header": "Waiver", "nested": [], "links": [] }, { "text": "(c) Report \nThe Secretary shall transmit to Congress a report on the timeline for providing training required to carry out subsection (a)(2) and any additional resources needed to implement this section.", "id": "H8A7CD21FFF9A43490007043300E2F9E2", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Coordination of air marshal activities \nThe Secretary of Homeland Security, in consultation with the Secretary of State, shall collaborate with foreign governments to coordinate air marshal activities, including air marshal scheduling on international flights, weapons training, use and protocols for nonlethal weapons, threat recognition, communications, and other issues as determined appropriate by the Secretary.", "id": "H378DABEB71BE4117819C90B7CD9703FC", "header": "Coordination of air marshal activities", "nested": [], "links": [] }, { "text": "11. Flight deck security for foreign air carrier overflights \n(a) In general \nNot later than the 90th day following the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations to require that overflying aircraft meet or exceed the level of flight deck security for passenger and cargo as required under part 129.28 of title 14, Code of Federal Regulations, as in effect on the date of enactment of this Act. (b) Definition \nIn this section, the term “overflying aircraft” means a flight of a passenger or cargo aircraft by a foreign air carrier that departs from and arrives at an airport outside the United States and enters United States airspace during the flight.", "id": "H8C737343EB124D6C8F61D09D30324694", "header": "Flight deck security for foreign air carrier overflights", "nested": [ { "text": "(a) In general \nNot later than the 90th day following the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations to require that overflying aircraft meet or exceed the level of flight deck security for passenger and cargo as required under part 129.28 of title 14, Code of Federal Regulations, as in effect on the date of enactment of this Act.", "id": "H62B06E77B7704A4FB15C7332E8F72E31", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term “overflying aircraft” means a flight of a passenger or cargo aircraft by a foreign air carrier that departs from and arrives at an airport outside the United States and enters United States airspace during the flight.", "id": "H4F459C5128D64E53A5ED079928F9087F", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Daily preflight searches of aircraft \n(a) Regulations \nThe Secretary of Homeland Security, in conjunction with the Administrator of the Federal Aviation Administration, shall issue, by October 1, 2004, regulations governing daily preflight searches of aircraft for foreign materials that might be used in a terrorist attack. (b) Reimbursement \n(1) In general \nThe Secretary shall reimburse air carriers for expenses incurred, during the 1-year period beginning on the date of enactment of this Act, in training air carrier personnel as necessary to implement the regulations issued under this section. (2) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal years 2005 and 2006. (c) Guidance \nThe Secretary shall provide guidance to air carriers on removing or otherwise securing items commonly found on board aircraft that might be used in an act of terrorism.", "id": "H20297B3157F54F9FB3946DDCDB12BFD6", "header": "Daily preflight searches of aircraft", "nested": [ { "text": "(a) Regulations \nThe Secretary of Homeland Security, in conjunction with the Administrator of the Federal Aviation Administration, shall issue, by October 1, 2004, regulations governing daily preflight searches of aircraft for foreign materials that might be used in a terrorist attack.", "id": "H7A38D8EA00064816A7A55BE3A9AB22D1", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Reimbursement \n(1) In general \nThe Secretary shall reimburse air carriers for expenses incurred, during the 1-year period beginning on the date of enactment of this Act, in training air carrier personnel as necessary to implement the regulations issued under this section. (2) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal years 2005 and 2006.", "id": "HAEB10900843A4DD3ACEAACD02CFB79A9", "header": "Reimbursement", "nested": [], "links": [] }, { "text": "(c) Guidance \nThe Secretary shall provide guidance to air carriers on removing or otherwise securing items commonly found on board aircraft that might be used in an act of terrorism.", "id": "H29643B36314D4138006D4619EC221812", "header": "Guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "13. Flight crew communication systems \n(a) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall require, to the greatest extent technically feasible, air carriers (as defined in section 40102 of title 49, United States Code) to provide flight attendants with a discreet and wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. Such a system must be accessible by any Federal air marshal on a flight of an air carrier and appropriate Government security officials and personnel of the air carrier. (b) Deadline for regulations \nThe Secretary shall issue regulations to carry out this section not later than the 90th day following the date of enactment of this Act.", "id": "H25DABC64746741DE91AFCACFD27E101", "header": "Flight crew communication systems", "nested": [ { "text": "(a) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall require, to the greatest extent technically feasible, air carriers (as defined in section 40102 of title 49, United States Code) to provide flight attendants with a discreet and wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. Such a system must be accessible by any Federal air marshal on a flight of an air carrier and appropriate Government security officials and personnel of the air carrier.", "id": "H3374495A3AC24B72BE25FE03B6900A2", "header": "In general", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "(b) Deadline for regulations \nThe Secretary shall issue regulations to carry out this section not later than the 90th day following the date of enactment of this Act.", "id": "HABEE346702E543338F0498E4C102D808", "header": "Deadline for regulations", "nested": [], "links": [] } ], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" } ] }, { "text": "14. Airport Site Access and Perimeter Security \n(a) Report \nNot later than the 90th day following the date of enactment of this Act, the head of the Transportation Security Administration shall transmit to Congress a report that addresses the Administration’s implementation of sections 106, 136, and 138 of the Aviation and Transportation Security Act ( Public Law 107–71 ). Such report shall include, at a minimum, the following: (1) How and on what date the Administration complied with each provision of such sections. (2) For each provision of such sections that has not been complied with, the actions the Administration has taken as of the date the report is transmitted to Congress and the estimated completion date and costs for actions that the Administration must take in order to comply with that provision. (b) Access to Sterile Areas \nAll personnel accessing airport sterile areas from unrestricted areas shall undergo security screening in accordance with section 44901(a) of title 49, United States Code. (c) Access to Secure Areas \nThe Transportation Security Administration shall ensure that all personnel accessing airport secure areas have successfully undergone a background check, conducted by the Transportation Security Administration, consisting of all measures required of passenger screener personnel of the Administration under section 44936 of title 49, United States Code. (d) Limitation on statutory construction \nNothing in this section shall be construed to provide passengers, airport workers, or other personnel not granted regular access to secure areas before the date of enactment of this Act authority to do so, regardless of whether such person has undergone security screening. (e) Definitions \nIn this section, the following definitions apply: (1) Sterile areas \nThe term sterile areas means any part of an airport that is regularly accessible to passengers after having cleared a passenger security screening checkpoint. (2) Secure areas \nThe term secure areas means parts of an airport complex not typically accessible to passengers, including areas outside of terminal buildings, baggage handling and loading areas, parked aircraft, runways, air control towers, and similar areas. (f) Effective date \nSubsections (b) and (c) take effect on the 120th day following the date of enactment of this Act.", "id": "H4AA9F240D2AF43B582AEB2EB56A02158", "header": "Airport Site Access and Perimeter Security", "nested": [ { "text": "(a) Report \nNot later than the 90th day following the date of enactment of this Act, the head of the Transportation Security Administration shall transmit to Congress a report that addresses the Administration’s implementation of sections 106, 136, and 138 of the Aviation and Transportation Security Act ( Public Law 107–71 ). Such report shall include, at a minimum, the following: (1) How and on what date the Administration complied with each provision of such sections. (2) For each provision of such sections that has not been complied with, the actions the Administration has taken as of the date the report is transmitted to Congress and the estimated completion date and costs for actions that the Administration must take in order to comply with that provision.", "id": "HAF269EC92E694F27B96BD0B3E38D38A2", "header": "Report", "nested": [], "links": [ { "text": "Public Law 107–71", "legal-doc": "public-law", "parsable-cite": "pl/107/71" } ] }, { "text": "(b) Access to Sterile Areas \nAll personnel accessing airport sterile areas from unrestricted areas shall undergo security screening in accordance with section 44901(a) of title 49, United States Code.", "id": "H90F4C171C2B04FF89B804B6C2DA90693", "header": "Access to Sterile Areas", "nested": [], "links": [ { "text": "section 44901(a)", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] }, { "text": "(c) Access to Secure Areas \nThe Transportation Security Administration shall ensure that all personnel accessing airport secure areas have successfully undergone a background check, conducted by the Transportation Security Administration, consisting of all measures required of passenger screener personnel of the Administration under section 44936 of title 49, United States Code.", "id": "H4B893C304359428C98C1AA3679F26600", "header": "Access to Secure Areas", "nested": [], "links": [ { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" } ] }, { "text": "(d) Limitation on statutory construction \nNothing in this section shall be construed to provide passengers, airport workers, or other personnel not granted regular access to secure areas before the date of enactment of this Act authority to do so, regardless of whether such person has undergone security screening.", "id": "H48473323BB25499BA236F8B7B3139976", "header": "Limitation on statutory construction", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section, the following definitions apply: (1) Sterile areas \nThe term sterile areas means any part of an airport that is regularly accessible to passengers after having cleared a passenger security screening checkpoint. (2) Secure areas \nThe term secure areas means parts of an airport complex not typically accessible to passengers, including areas outside of terminal buildings, baggage handling and loading areas, parked aircraft, runways, air control towers, and similar areas.", "id": "H85C9B1B4E46448149D5FF6494E74F78", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Effective date \nSubsections (b) and (c) take effect on the 120th day following the date of enactment of this Act.", "id": "H618D5E79C3A74CF183C4619EC512200", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 107–71", "legal-doc": "public-law", "parsable-cite": "pl/107/71" }, { "text": "section 44901(a)", "legal-doc": "usc", "parsable-cite": "usc/49/44901" }, { "text": "section 44936", "legal-doc": "usc", "parsable-cite": "usc/49/44936" } ] }, { "text": "15. Manpads \n(a) Report \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security, acting through the head of the Transportation Security Administration and the Under Secretary for Science and Technology of the Department of Homeland Security, shall transmit to Congress a report on defending against the threat from MANPADS attacks on commercial aircraft. (b) Contents \nThe report shall include, at a minimum, the following: (1) An evaluation of the current and projected future threats to commercial aircraft from MANPADS, including an assessment of the likelihood that terrorist groups will obtain MANPADS of various levels of sophistication, the ability of terrorist groups to use such systems, and the relative effectiveness of such systems against commercial aviation. (2) A technical assessment of the adequacy and maturity of current aircraft-based countermeasures to current and projected threats from shoulder-launched missiles. (3) To the extent that any countermeasures under paragraph (2) are assessed to be sufficiently technically mature for deployment on commercial aircraft, a determination of— (A) the technical ability of such countermeasures to prevent MANPADS from impacting an aircraft; (B) any operational difficulties with deploying, maintaining, or using such countermeasures; and (C) the cost of deploying and maintaining such countermeasures on all or part of the commercial aircraft fleet. (4) An assessment of alternate technological approaches for MANPADS countermeasures, including estimates of timelines for development, testing, and evaluation. (5) A description of the need for additional mid-term and long-term research and development to advance technologies to meet current and future threats, including a cost-benefit analysis of alternative technologies. (6) The criteria and plans for selecting technologies for additional research and development described in paragraph (5). (7) The status and plans for programs of the Department of Homeland Security to decrease the risk of MANPADS attacks on commercial aircraft through airport perimeter security, improved identification of MANPADS by the Bureau of Customs and Border Protection, and international efforts to counter proliferation and otherwise reduce availability of MANPADS to terrorist groups or individuals. (c) MANPADS defined. \nIn this section, the term “MANPADS” means man-portable air defense systems, which are shoulder-fired, surface-to-air missile systems that can be carried and transported by a person.", "id": "HA9E9ADA1B66F4488869122CABD4E7019", "header": "Manpads", "nested": [ { "text": "(a) Report \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security, acting through the head of the Transportation Security Administration and the Under Secretary for Science and Technology of the Department of Homeland Security, shall transmit to Congress a report on defending against the threat from MANPADS attacks on commercial aircraft.", "id": "H316F220CF81B4988BF1406B52CE20093", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report shall include, at a minimum, the following: (1) An evaluation of the current and projected future threats to commercial aircraft from MANPADS, including an assessment of the likelihood that terrorist groups will obtain MANPADS of various levels of sophistication, the ability of terrorist groups to use such systems, and the relative effectiveness of such systems against commercial aviation. (2) A technical assessment of the adequacy and maturity of current aircraft-based countermeasures to current and projected threats from shoulder-launched missiles. (3) To the extent that any countermeasures under paragraph (2) are assessed to be sufficiently technically mature for deployment on commercial aircraft, a determination of— (A) the technical ability of such countermeasures to prevent MANPADS from impacting an aircraft; (B) any operational difficulties with deploying, maintaining, or using such countermeasures; and (C) the cost of deploying and maintaining such countermeasures on all or part of the commercial aircraft fleet. (4) An assessment of alternate technological approaches for MANPADS countermeasures, including estimates of timelines for development, testing, and evaluation. (5) A description of the need for additional mid-term and long-term research and development to advance technologies to meet current and future threats, including a cost-benefit analysis of alternative technologies. (6) The criteria and plans for selecting technologies for additional research and development described in paragraph (5). (7) The status and plans for programs of the Department of Homeland Security to decrease the risk of MANPADS attacks on commercial aircraft through airport perimeter security, improved identification of MANPADS by the Bureau of Customs and Border Protection, and international efforts to counter proliferation and otherwise reduce availability of MANPADS to terrorist groups or individuals.", "id": "H473BD169F20C487CA9C2D076594DFBF", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) MANPADS defined. \nIn this section, the term “MANPADS” means man-portable air defense systems, which are shoulder-fired, surface-to-air missile systems that can be carried and transported by a person.", "id": "H02E6E76040F0485784FCA0B2CBC25950", "header": "MANPADS defined.", "nested": [], "links": [] } ], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Requirement of Staff Working with Developmentally Disabled Persons to Call Emergency Services in the Event of a Life-Threatening Situation \n(a) Requirement \nSection 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (66), by striking and at the end; (2) in paragraph (67), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide, in accordance with regulations of the Secretary, that direct care staff providing health-related services to a person with a developmental disability or traumatic brain injury are required to call the 911 emergency telephone service or equivalent emergency management service for assistance in the event of a life-threatening emergency to such person and to report such call to the appropriate State agency or department.. (b) Effective Date \nThe amendments made by subsection (a) take effect on January 1, 2006.", "id": "HB7C65909E414494B9F2FE39B9EB00D3", "header": "Requirement of Staff Working with Developmentally Disabled Persons to Call Emergency Services in the Event of a Life-Threatening Situation", "nested": [ { "text": "(a) Requirement \nSection 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (66), by striking and at the end; (2) in paragraph (67), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide, in accordance with regulations of the Secretary, that direct care staff providing health-related services to a person with a developmental disability or traumatic brain injury are required to call the 911 emergency telephone service or equivalent emergency management service for assistance in the event of a life-threatening emergency to such person and to report such call to the appropriate State agency or department..", "id": "H2DA6DE21076F4CA099EEAF2898128EB", "header": "Requirement", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(b) Effective Date \nThe amendments made by subsection (a) take effect on January 1, 2006.", "id": "H292CDA4B7C1E467A9237730059AAA9BB", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396a(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] } ]

[ "Energy and Commerce Committee" ]

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

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Allied Health Professions Reinvestment Act of 2004.", "id": "HF904337DEE2A4CFCAB05B0DC9DD1C8E7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) The Bureau of the Census, the Institute of Medicine, the Bureau of Labor Statistics, and State hospital associations highlight the increased demand for acute and chronic health care services among both the general population and a rapidly growing aging portion of the population. (2) The calls for reduction in medical errors, increased patient safety, and increased quality of care have resulted in an amplified call for allied health professionals to provide health care services. (3) Several allied health professions are characterized by workforce shortages, declining enrollments in allied health education programs, or a combination of both factors, and hospital officials have reported vacancy rates in positions occupied by allied health professionals.", "id": "HCF1D8A19DA65475BB6B4ED00DF87F104", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nSection 799B of the Public Health Service Act ( 42 U.S.C. 295p ) is amended— (1) by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively; and (2) by inserting after paragraph (4) the following: (5) Allied health profession \nThe term allied health profession means any profession practiced by an individual in his or her capacity as an allied health professional..", "id": "H0994717BF7554098B9F1453C8003ACD8", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 295p", "legal-doc": "usc", "parsable-cite": "usc/42/295p" } ] }, { "text": "4. Allied health professions \n(a) Amendment \nTitle VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part F as part G; and (2) by adding after part E the following: F ALLIED HEALTH \n780. Public service announcements \n(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. (b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible. 780A. State and local public service announcements \n(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. (d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function. 780B. Scholarship program \n(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. (b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. (e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). (f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program. 780C. Allied health professions education, practice, and retention grants \n(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. (b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. (c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. (d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility. 780D. Comprehensive geriatric education \n(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. (c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility. 780E. Allied health professions faculty loan program \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. (e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section. 780F. General provisions \n(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009..", "id": "H621DC8C57CB747178EEE03C643047452", "header": "Allied health professions", "nested": [ { "text": "(a) Amendment \nTitle VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) is amended— (1) by redesignating part F as part G; and (2) by adding after part E the following: F ALLIED HEALTH \n780. Public service announcements \n(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. (b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible. 780A. State and local public service announcements \n(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. (d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function. 780B. Scholarship program \n(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. (b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. (e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). (f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program. 780C. Allied health professions education, practice, and retention grants \n(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. (b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. (c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. (d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility. 780D. Comprehensive geriatric education \n(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. (c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility. 780E. Allied health professions faculty loan program \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. (e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section. 780F. General provisions \n(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009..", "id": "H13D686E973D647D9A9EC9E25BD23686C", "header": "Amendment", "nested": [], "links": [ { "text": "42 U.S.C. 292 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/292" } ] } ], "links": [ { "text": "42 U.S.C. 292 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/292" } ] }, { "text": "780. Public service announcements \n(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. (b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible.", "id": "H5AFD9CDDA5D2447692AF868EDBD54F0", "header": "Public service announcements", "nested": [ { "text": "(a) In general \nThe Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions.", "id": "H1AF3C066F0304C11BE5433553CCD981D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Method \nThe public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible.", "id": "H492E6EC9C6534506B12890B655F8A528", "header": "Method", "nested": [], "links": [] } ], "links": [] }, { "text": "780A. State and local public service announcements \n(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. (d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function.", "id": "H663D4C2142A0497CB8044C58615C08F9", "header": "State and local public service announcements", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions.", "id": "HD3ABC99511944DEF81B8AD066F6470E1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; or (5) provide any other information to recruit individuals for the allied health professions.", "id": "HEE692007604A49E9A501D5E35C3F668B", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Limitation \nAn eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities.", "id": "HBC06933118514547B050C02F657F5FE9", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Eligible entity \nFor purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function.", "id": "HC17C6B7B906D41809DAFD0AAB75DB27C", "header": "Eligible entity", "nested": [], "links": [] } ], "links": [] }, { "text": "780B. Scholarship program \n(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. (b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. (e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). (f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program.", "id": "H7EE3D5673CCE4FF2BF792D9BDBAF2D0", "header": "Scholarship program", "nested": [ { "text": "(a) In general \nThe Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula.", "id": "H6FB8345BE296442983134E456EC5F987", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible individuals \nFor purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health.", "id": "HF7C6F751A3A74EC380B197CC5067D00", "header": "Eligible individuals", "nested": [], "links": [] }, { "text": "(c) Selection \nIn awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program.", "id": "HDF39076092E64184903104572B8205B5", "header": "Selection", "nested": [], "links": [] }, { "text": "(d) Amount \nThe amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year.", "id": "HF41F357211DF4946A6DDF3CBB7E33177", "header": "Amount", "nested": [], "links": [] }, { "text": "(e) Service requirement \n(1) In general \nThe Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). (2) Part-time service \nAn individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1).", "id": "HBEC1DF7C5E8E48878DD63978AAC73804", "header": "Service requirement", "nested": [], "links": [] }, { "text": "(f) Applicability of certain provisions \nThe provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart.", "id": "H0818A04111614857B5344090BA41B912", "header": "Applicability of certain provisions", "nested": [], "links": [] }, { "text": "(g) Reports \nNot later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; and (10) an evaluation of the overall costs and benefits of the program.", "id": "HF8FC8DF7B8334AF39D06CDA9728F0098", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "780C. Allied health professions education, practice, and retention grants \n(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. (b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. (c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. (d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility.", "id": "H12ABDE3BE5F54DFCAFAF67CC9D71F2", "header": "Allied health professions education, practice, and retention grants", "nested": [ { "text": "(a) Education priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty.", "id": "H0DA7A705D3D040EDAC0061B4F7E8378C", "header": "Education priority areas", "nested": [], "links": [] }, { "text": "(b) Practice priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals.", "id": "H1E2F6C6381174562946BA8EA09E1308E", "header": "Practice priority areas", "nested": [], "links": [] }, { "text": "(c) Retention priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring.", "id": "H3C0958EEE3E44DEEB556F22FEDFE2DD7", "header": "Retention priority areas", "nested": [], "links": [] }, { "text": "(d) Other priority areas \nThe Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary.", "id": "H74E42242B6F9433B005D89DC1E439406", "header": "Other priority areas", "nested": [], "links": [] }, { "text": "(e) Report \nThe Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce.", "id": "HEA0E7E2783D64AB582E5E993560800EF", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility.", "id": "HA203663D93424CA584014094991D1F00", "header": "Eligible entity", "nested": [], "links": [] } ], "links": [] }, { "text": "780D. Comprehensive geriatric education \n(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. (b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. (c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility.", "id": "H132F040502A04FB7A900F27170B3D6C7", "header": "Comprehensive geriatric education", "nested": [ { "text": "(a) Program authorized \nThe Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly.", "id": "H7C5BA77B01D54ABA8366BC7600A601C1", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Use of funds \nAn eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care.", "id": "HC25DEB0C2ECD41D4A328F7C3EA1035BD", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Application \nAn eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.", "id": "HC224CC5A34B54C839D00913160C212F5", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Eligible entity \nFor purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility.", "id": "H271CE890BA7B42908E33CA20C2E5400", "header": "Eligible entity", "nested": [], "links": [] } ], "links": [] }, { "text": "780E. Allied health professions faculty loan program \n(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. (e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section.", "id": "HFFE2E2FC4E5E462C00943C93BDAE9BAB", "header": "Allied health professions faculty loan program", "nested": [ { "text": "(a) Establishment \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty.", "id": "H0C95A8E5166E4F3BB371A6FAB5349795", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Agreements \nEach agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States.", "id": "H69372CB7804A43199F000037DB90194", "header": "Agreements", "nested": [], "links": [] }, { "text": "(c) Loan provisions \nLoans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate.", "id": "HB04D03C20E704BED925600A4271C1BEF", "header": "Loan provisions", "nested": [], "links": [] }, { "text": "(d) Payment of proportionate share \nWhere all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary.", "id": "HBAC224CD805A43F894ACD0407F4B559E", "header": "Payment of proportionate share", "nested": [], "links": [] }, { "text": "(e) Review by secretary \nAt the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B).", "id": "HE3CE8142EE494F8EBCB9B8E9B65F12BA", "header": "Review by secretary", "nested": [], "links": [] }, { "text": "(f) Publication \nThe Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section.", "id": "H76DD368EE25A4372A6086991B0C7F28D", "header": "Publication", "nested": [], "links": [] } ], "links": [] }, { "text": "780F. General provisions \n(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009.", "id": "H27C934E6EFE342E39326C037BB009CF8", "header": "General provisions", "nested": [ { "text": "(a) Definition \nFor purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965.", "id": "HA9A3E579E1E04D579311C52FD0B72C09", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nTo carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009.", "id": "H0B1ACBAEDA684F2CA44404C17B7B74AA", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Council on Health Profession Education \n(a) Establishment \nThe Secretary shall establish in the Health Resources and Service Administration a council, to be known as the Council on Health Profession Education. (b) Duties \nThe Council on Health Profession Education shall monitor the status of the allied health professions workforce and make annual reports to the Congress.", "id": "H234AE7740072495C00D6ECA332058B17", "header": "Council on Health Profession Education", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish in the Health Resources and Service Administration a council, to be known as the Council on Health Profession Education.", "id": "H2F5AEB6C1B584E1EABF11B0030676F97", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Council on Health Profession Education shall monitor the status of the allied health professions workforce and make annual reports to the Congress.", "id": "H33D1DBFB92B84B229E3EAD268264F063", "header": "Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Reports by General Accounting Office \n(a) National variations \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct a survey to determine national variations in the allied health professions at hospitals, nursing homes, home health agencies, ambulatory rehabilitation services, and other health care providers; and (2) submit a report to the Congress on the results of such survey, including findings and recommendations on Federal remedies to ease allied health profession shortages. (b) Allied health programs \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of whether the effectiveness of programs authorized under this Act, including whether such programs have demonstrably increased the number of applicants to schools of allied health; and (2) submit a report to the Congress on the results of such evaluation.", "id": "H0BF9493C4E5A46BE848D7253E1A50732", "header": "Reports by General Accounting Office", "nested": [ { "text": "(a) National variations \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct a survey to determine national variations in the allied health professions at hospitals, nursing homes, home health agencies, ambulatory rehabilitation services, and other health care providers; and (2) submit a report to the Congress on the results of such survey, including findings and recommendations on Federal remedies to ease allied health profession shortages.", "id": "HE4451B5132424EF295A5872D53113D97", "header": "National variations", "nested": [], "links": [] }, { "text": "(b) Allied health programs \nNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct an evaluation of whether the effectiveness of programs authorized under this Act, including whether such programs have demonstrably increased the number of applicants to schools of allied health; and (2) submit a report to the Congress on the results of such evaluation.", "id": "H6493913ED77046CB908694001400C3EC", "header": "Allied health programs", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Centers of excellence \nSubparagraph (A) of section 736(g)(1) of the Public Health Service Act ( 42 U.S.C. 293(g)(1) ) is amended by inserting a school of allied health, after a school of pharmacy,.", "id": "HEF6B05237F844395937C4B341C4D2BED", "header": "Centers of excellence", "nested": [], "links": [ { "text": "42 U.S.C. 293(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/293" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the George E. Brown, Jr. Near-Earth Object Survey Act.", "id": "H8E10465064124EA9AF8DC297288E4991", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as scientists are certain that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered. (4) The efforts taken to date by the National Aeronautics and Space Administration for detecting and characterizing the hazards of Earth orbit-crossing asteroids and comets are not sufficient to the threat posed by such objects to cause widespread destruction and loss of life.", "id": "HEB2E41A6D7D54196BFB0E12FC5FB0069", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definition \nFor purposes of this Act, the term Administrator means the Administrator of the National Aeronautics and Space Administration.", "id": "HFF45C82312C24F5388B3D3B7F104D04D", "header": "Definition", "nested": [], "links": [] }, { "text": "4. Near-earth object survey \n(a) Survey Program \nThe Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth asteroids and comets equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects in striking the Earth. (b) Amendments \nSection 102 of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 ) is amended— (1) by redesignating subsection (g) as subsection (h); (2) by inserting after subsection (f) the following new subsection: (g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects impacting the Earth. ; and (3) in subsection (h), as so redesignated by paragraph (1) of this subsection, by striking and (f) and inserting (f), and (g). (c) Annual Report \nThe Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following: (1) A summary of all activities taken pursuant to subsection (a) for the previous fiscal year. (2) A summary of expenditures for all activities pursuant to subsection (a) for the previous fiscal year. (3) A detailed plan and budget request for all activities pursuant to subsection (a) for the next five fiscal years from the year that the annual report is submitted. (d) Authorization of Appropriations \nThere are authorized to be appropriated to the National Aeronautics and Space Administration for the Near-Earth Object Survey program described in subsection (a) $20,000,000 for each of the fiscal years 2005 and 2006. Amounts appropriated under this subsection shall remain available for 2 fiscal years.", "id": "HD8547EEB6ADC440FAD3676F513163221", "header": "Near-earth object survey", "nested": [ { "text": "(a) Survey Program \nThe Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth asteroids and comets equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects in striking the Earth.", "id": "HCFA89956D6514352A2B6F82C66C7EA1D", "header": "Survey Program", "nested": [], "links": [] }, { "text": "(b) Amendments \nSection 102 of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 ) is amended— (1) by redesignating subsection (g) as subsection (h); (2) by inserting after subsection (f) the following new subsection: (g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects impacting the Earth. ; and (3) in subsection (h), as so redesignated by paragraph (1) of this subsection, by striking and (f) and inserting (f), and (g).", "id": "H0298CC7960A94136BAA38D3F51AFFE8D", "header": "Amendments", "nested": [], "links": [ { "text": "42 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/42/2451" } ] }, { "text": "(c) Annual Report \nThe Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following: (1) A summary of all activities taken pursuant to subsection (a) for the previous fiscal year. (2) A summary of expenditures for all activities pursuant to subsection (a) for the previous fiscal year. (3) A detailed plan and budget request for all activities pursuant to subsection (a) for the next five fiscal years from the year that the annual report is submitted.", "id": "H3805761B21F6431AA3426EB2D72FABF2", "header": "Annual Report", "nested": [], "links": [] }, { "text": "(d) Authorization of Appropriations \nThere are authorized to be appropriated to the National Aeronautics and Space Administration for the Near-Earth Object Survey program described in subsection (a) $20,000,000 for each of the fiscal years 2005 and 2006. Amounts appropriated under this subsection shall remain available for 2 fiscal years.", "id": "HEBF39A9306E544AA894D001E3034BF57", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2451", "legal-doc": "usc", "parsable-cite": "usc/42/2451" } ] } ]

[ "Science, Space, and Technology Committee" ]

[ { "text": "1. Short title, etc \n(a) Short title \nThis Act may be cited as the Retirement Savings Account Act. (b) Amendment of 1986 Code \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.", "id": "H4D7FDE97FA034CDA96BDCF06D7719484", "header": "Short title, etc", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Retirement Savings Account Act.", "id": "HB8ACC6B492A24038BBF741EBFAF8B377", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Amendment of 1986 Code \nExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.", "id": "H991C481FEA5748CEBA209E8CD9965E09", "header": "Amendment of 1986 Code", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Retirement Savings Accounts \n(a) In general \nSection 408A (relating to Roth IRAs) is amended to read as follows: 408A. Retirement Savings Accounts \n(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash. (c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans. (e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account. (f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1). (g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6).. (b) Roth IRAs treated as Retirement Savings Accounts \nIn the case of any taxable year beginning after December 31, 2004, any Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of this Act) shall be treated for purposes of such Code as having been designated at the time of the establishment of the plan as a retirement savings account under section 408A(b) of such Code (as amended by this section). (c) Contributions to other individual retirement plans prohibited \n(1) Individual retirement accounts \nParagraph (1) of section 408(a) is amended to read as follows: (1) Except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), no contribution will be accepted on behalf of any individual for any taxable year beginning after December 31, 2004. In the case of any simplified employee pension or simple retirement account, no contribution will be accepted unless it is in cash and contributions will not be accepted for the taxable year on behalf of any individual in excess of— (A) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (B) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2).. (2) Individual retirement annuities \nParagraph (2) of section 408(b) is amended— (A) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), a premium shall not be accepted on behalf of any individual for any taxable year beginning after December 31, 2004, , and (B) by amending subparagraph (C), as redesignated by subparagraph (A), to read as follows: (C) the annual premium on behalf of any individual will not exceed— (i) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (ii) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2), and. (d) Conforming amendments \n(1) (A) Section 219 is amended to read as follows: 219. Contributions to certain retirement plans allowing only employee contributions \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18). (b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year. (c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made. (d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions. (e) Cross reference \nFor failure to provide required reports, see section 6652(g).. (B) Section 25B(d) is amended— (i) in paragraph (1)(A), by striking (as defined in section 219(e)) , and (ii) by adding at the end the following new paragraph: (3) Qualified retirement contribution \nThe term qualified retirement contribution means— (A) any amount paid in cash for the taxable year by or on behalf of an individual to an individual retirement plan for such individual’s benefit, and (B) any amount contributed on behalf of any individual to a plan described in section 501(c)(18).. (C) Section 86(f)(3) is amended by striking section 219(f)(1) and inserting section 408A(g). (D) Section 132(m)(3) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (E) Subparagraphs (A), (B), and (C) of section 220(d)(4) are each amended by inserting , as in effect on the day before the date of the enactment of the Retirement Savings Account Act at the end. (F) Section 408(b) is amended in the last sentence by striking section 219(b)(1)(A) and inserting paragraph (2)(C). (G) Section 408(p)(2)(D)(ii) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (H) Section 501(c)(18)(D)(i) is amended by striking section 219(b)(3) and inserting section 219(b). (I) Section 6652(g) is amended by striking section 219(f)(4) and inserting section 219(d)(2). (J) The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 219 and inserting the following new item: Sec. 219. Contributions to certain retirement plans allowing only employee contributions. (2) (A) Section 408(d)(4)(B) is amended to read as follows: (B) no amount is excludable from gross income under subsection (h) or (k) of section 402 with respect to such contribution, and. (B) Section 408(d)(5)(A) is amended to read as follows: (A) In general \nIn the case of any individual, if the aggregate contributions (other than rollover contributions) paid for any taxable year to an individual retirement account or for an individual retirement annuity do not exceed the dollar amount in effect under subsection (a)(1) or (b)(2)(C), as the case may be, paragraph (1) shall not apply to the distribution of any such contribution to the extent that such contribution exceeds the amount which is excludible from gross income under subsection (h) or (k) of section 402, as the case may be, for the taxable year for which the contribution was paid— (i) if such distribution is received after the date described in paragraph (4), (ii) but only to the extent that such excess contribution has not been excluded from gross income under subsection (h) or (k) of section 402.. (C) Section 408(d)(5) is amended by striking the last sentence. (D) Section 408(d)(7) is amended to read as follows: (7) Certain transfers from simplified employee pensions prohibited until deferral test met \nNotwithstanding any other provision of this subsection or section 72(t), paragraph (1) and section 72(t)(1) shall apply to the transfer or distribution from a simplified employee pension of any contribution under a salary reduction arrangement described in subsection (k)(6) (or any income allocable thereto) before a determination as to whether the requirements of subsection (k)(6)(A)(iii) are met with respect to such contribution.. (E) Section 408 is amended by striking subsection (j). (F) (i) Section 408 is amended by striking subsection (o). (ii) Section 6693 is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (G) Section 408(p) is amended by striking paragraph (8) and by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. (3) (A) Section 4973(a)(1) is amended to read as follows: (1) an individual retirement plan,. (B) Section 4973(b) is amended to read as follows: (b) Excess contributions to simplified employee pensions and simple retirement accounts \nFor purposes of this section, in the case of simplified employee pensions or simple retirement accounts, the term excess contributions means the sum of— (1) the excess (if any) of— (A) the amount contributed for the taxable year to the pension or account, over (B) the amount applicable to the pension or account under subsection (a)(1) or (b)(2) of section 408, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the account for the taxable year which were included in the gross income of the payee under section 408(d)(1), (B) the distributions out of the account for the taxable year to which section 408(d)(5) applies, and (C) the excess (if any) of the maximum amount excludible from gross income for the taxable year under subsection (h) or (k) of section 402 over the amount contributed to the pension or account for the taxable year. For purposes of this subsection, any contribution which is distributed from a simplified employee pension or simple retirement account in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (C) Section 4973 is amended by adding at the end the following new subsection: (h) Excess contributions to certain individual retirement plans \nFor purposes of this section, in the case of individual retirement plans (other than retirement savings accounts, simplified employee pensions, and simple retirement accounts), the term excess contribution means the sum of— (1) the aggregate amount contributed for the taxable year to the individual retirement plans, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the plans which were included in gross income under section 408(d)(1), and (B) the distributions out of the plans for the taxable year to which section 408(d)(5) applies. For purposes of this subsection, any contribution which is distributed from the plan in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (4) (A) Sections 402(c)(8)(B), 402A(c)(3)(A)(ii), 3405(e)(1)(B), and 4973(f) are each amended by striking Roth IRA each place it appears and inserting retirement savings account. (B) Section 4973(f)(1)(A) is amended by striking Roth IRAs and inserting retirement savings accounts. (C) Paragraphs (1)(B) and (2)(B) of section 4973(f) are each amended by striking sections 408A(c)(2) and and (c)(3) and inserting section 408A(c)(1). (D) Subsection (f) of section 4973 is amended in the heading by striking Roth IRAs and inserting Retirement Savings Accounts. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H804BA28F56864F8792D800ECE84362E6", "header": "Retirement Savings Accounts", "nested": [ { "text": "(a) In general \nSection 408A (relating to Roth IRAs) is amended to read as follows: 408A. Retirement Savings Accounts \n(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash. (c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans. (e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account. (f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1). (g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6)..", "id": "H9A434C619A68452892C003257DE2BECD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Roth IRAs treated as Retirement Savings Accounts \nIn the case of any taxable year beginning after December 31, 2004, any Roth IRA (as defined in section 408A(b) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of this Act) shall be treated for purposes of such Code as having been designated at the time of the establishment of the plan as a retirement savings account under section 408A(b) of such Code (as amended by this section).", "id": "H9D00C65D0FBE4B0B93697BF366C7E5E", "header": "Roth IRAs treated as Retirement Savings Accounts", "nested": [], "links": [ { "text": "section 408A(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408A" } ] }, { "text": "(c) Contributions to other individual retirement plans prohibited \n(1) Individual retirement accounts \nParagraph (1) of section 408(a) is amended to read as follows: (1) Except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), no contribution will be accepted on behalf of any individual for any taxable year beginning after December 31, 2004. In the case of any simplified employee pension or simple retirement account, no contribution will be accepted unless it is in cash and contributions will not be accepted for the taxable year on behalf of any individual in excess of— (A) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (B) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2).. (2) Individual retirement annuities \nParagraph (2) of section 408(b) is amended— (A) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) except in the case of a simplified employee pension, a simple retirement account, or a rollover contribution described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), a premium shall not be accepted on behalf of any individual for any taxable year beginning after December 31, 2004, , and (B) by amending subparagraph (C), as redesignated by subparagraph (A), to read as follows: (C) the annual premium on behalf of any individual will not exceed— (i) in the case of a simplified employee pension, the amount of the limitation in effect under section 415(c)(1)(A), and (ii) in the case of a simple retirement account, the sum of the dollar amount in effect under subsection (p)(2)(A)(ii) and the employer contribution required under subparagraph (A)(iii) or (B)(i) of subsection (p)(2), and.", "id": "H601CE4F53D864F5CA355C2F04EA0EDCC", "header": "Contributions to other individual retirement plans prohibited", "nested": [], "links": [ { "text": "section 408(a)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "section 408(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408" } ] }, { "text": "(d) Conforming amendments \n(1) (A) Section 219 is amended to read as follows: 219. Contributions to certain retirement plans allowing only employee contributions \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18). (b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year. (c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made. (d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions. (e) Cross reference \nFor failure to provide required reports, see section 6652(g).. (B) Section 25B(d) is amended— (i) in paragraph (1)(A), by striking (as defined in section 219(e)) , and (ii) by adding at the end the following new paragraph: (3) Qualified retirement contribution \nThe term qualified retirement contribution means— (A) any amount paid in cash for the taxable year by or on behalf of an individual to an individual retirement plan for such individual’s benefit, and (B) any amount contributed on behalf of any individual to a plan described in section 501(c)(18).. (C) Section 86(f)(3) is amended by striking section 219(f)(1) and inserting section 408A(g). (D) Section 132(m)(3) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (E) Subparagraphs (A), (B), and (C) of section 220(d)(4) are each amended by inserting , as in effect on the day before the date of the enactment of the Retirement Savings Account Act at the end. (F) Section 408(b) is amended in the last sentence by striking section 219(b)(1)(A) and inserting paragraph (2)(C). (G) Section 408(p)(2)(D)(ii) is amended by inserting (as in effect on the day before the date of the enactment of the Retirement Savings Account Act ) after section 219(g)(5). (H) Section 501(c)(18)(D)(i) is amended by striking section 219(b)(3) and inserting section 219(b). (I) Section 6652(g) is amended by striking section 219(f)(4) and inserting section 219(d)(2). (J) The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 219 and inserting the following new item: Sec. 219. Contributions to certain retirement plans allowing only employee contributions. (2) (A) Section 408(d)(4)(B) is amended to read as follows: (B) no amount is excludable from gross income under subsection (h) or (k) of section 402 with respect to such contribution, and. (B) Section 408(d)(5)(A) is amended to read as follows: (A) In general \nIn the case of any individual, if the aggregate contributions (other than rollover contributions) paid for any taxable year to an individual retirement account or for an individual retirement annuity do not exceed the dollar amount in effect under subsection (a)(1) or (b)(2)(C), as the case may be, paragraph (1) shall not apply to the distribution of any such contribution to the extent that such contribution exceeds the amount which is excludible from gross income under subsection (h) or (k) of section 402, as the case may be, for the taxable year for which the contribution was paid— (i) if such distribution is received after the date described in paragraph (4), (ii) but only to the extent that such excess contribution has not been excluded from gross income under subsection (h) or (k) of section 402.. (C) Section 408(d)(5) is amended by striking the last sentence. (D) Section 408(d)(7) is amended to read as follows: (7) Certain transfers from simplified employee pensions prohibited until deferral test met \nNotwithstanding any other provision of this subsection or section 72(t), paragraph (1) and section 72(t)(1) shall apply to the transfer or distribution from a simplified employee pension of any contribution under a salary reduction arrangement described in subsection (k)(6) (or any income allocable thereto) before a determination as to whether the requirements of subsection (k)(6)(A)(iii) are met with respect to such contribution.. (E) Section 408 is amended by striking subsection (j). (F) (i) Section 408 is amended by striking subsection (o). (ii) Section 6693 is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (G) Section 408(p) is amended by striking paragraph (8) and by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively. (3) (A) Section 4973(a)(1) is amended to read as follows: (1) an individual retirement plan,. (B) Section 4973(b) is amended to read as follows: (b) Excess contributions to simplified employee pensions and simple retirement accounts \nFor purposes of this section, in the case of simplified employee pensions or simple retirement accounts, the term excess contributions means the sum of— (1) the excess (if any) of— (A) the amount contributed for the taxable year to the pension or account, over (B) the amount applicable to the pension or account under subsection (a)(1) or (b)(2) of section 408, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the account for the taxable year which were included in the gross income of the payee under section 408(d)(1), (B) the distributions out of the account for the taxable year to which section 408(d)(5) applies, and (C) the excess (if any) of the maximum amount excludible from gross income for the taxable year under subsection (h) or (k) of section 402 over the amount contributed to the pension or account for the taxable year. For purposes of this subsection, any contribution which is distributed from a simplified employee pension or simple retirement account in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (C) Section 4973 is amended by adding at the end the following new subsection: (h) Excess contributions to certain individual retirement plans \nFor purposes of this section, in the case of individual retirement plans (other than retirement savings accounts, simplified employee pensions, and simple retirement accounts), the term excess contribution means the sum of— (1) the aggregate amount contributed for the taxable year to the individual retirement plans, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the plans which were included in gross income under section 408(d)(1), and (B) the distributions out of the plans for the taxable year to which section 408(d)(5) applies. For purposes of this subsection, any contribution which is distributed from the plan in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.. (4) (A) Sections 402(c)(8)(B), 402A(c)(3)(A)(ii), 3405(e)(1)(B), and 4973(f) are each amended by striking Roth IRA each place it appears and inserting retirement savings account. (B) Section 4973(f)(1)(A) is amended by striking Roth IRAs and inserting retirement savings accounts. (C) Paragraphs (1)(B) and (2)(B) of section 4973(f) are each amended by striking sections 408A(c)(2) and and (c)(3) and inserting section 408A(c)(1). (D) Subsection (f) of section 4973 is amended in the heading by striking Roth IRAs and inserting Retirement Savings Accounts.", "id": "HEAA9B5D6326744F6A774F6B2AFC16227", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 219", "legal-doc": "usc", "parsable-cite": "usc/26/219" }, { "text": "Section 25B(d)", "legal-doc": "usc", "parsable-cite": "usc/26/25B" }, { "text": "Section 86(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/86" }, { "text": "Section 132(m)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/132" }, { "text": "Section 408(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(p)(2)(D)(ii)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 501(c)(18)(D)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "Section 6652(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6652" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Section 408(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 6693", "legal-doc": "usc", "parsable-cite": "usc/26/6693" }, { "text": "Section 408(p)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 4973(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973(b)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973(f)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "section 4973", "legal-doc": "usc", "parsable-cite": "usc/26/4973" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H304482FB83BD489E8B433EA413472A", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 408A(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408A" }, { "text": "section 408(a)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "section 408(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 219", "legal-doc": "usc", "parsable-cite": "usc/26/219" }, { "text": "Section 25B(d)", "legal-doc": "usc", "parsable-cite": "usc/26/25B" }, { "text": "Section 86(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/86" }, { "text": "Section 132(m)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/132" }, { "text": "Section 408(b)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(p)(2)(D)(ii)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 501(c)(18)(D)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "Section 6652(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6652" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Section 408(d)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 408", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 6693", "legal-doc": "usc", "parsable-cite": "usc/26/6693" }, { "text": "Section 408(p)", "legal-doc": "usc", "parsable-cite": "usc/26/408" }, { "text": "Section 4973(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973(b)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "Section 4973(f)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/4973" }, { "text": "section 4973", "legal-doc": "usc", "parsable-cite": "usc/26/4973" } ] }, { "text": "408A. Retirement Savings Accounts \n(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash. (c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans. (e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account. (f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1). (g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6).", "id": "H931265B285C6471D879EB1E486E2ABC2", "header": "Retirement Savings Accounts", "nested": [ { "text": "(a) In general \nExcept as provided in this section, a retirement savings account shall be treated for purposes of this title in the same manner as an individual retirement plan.", "id": "HC3F4EB639D514521994474DC7C29E976", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Retirement savings account \nFor purposes of this title, the term retirement savings account means an individual retirement plan (as defined in section 7701(a)(37)) which— (1) is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement savings account, and (2) does not accept any contribution (other than a qualified rollover contribution) which is not in cash.", "id": "HC0245A7105AD482FAECFDFDF8AC9619", "header": "Retirement savings account", "nested": [], "links": [] }, { "text": "(c) Treatment of contributions \n(1) Contribution limit \nNotwithstanding subsections (a)(1) and (b)(2)(A) of section 408, the aggregate amount of contributions for any taxable year to all retirement savings accounts maintained for the benefit of an individual shall not exceed the lesser of— (A) $5,000, or (B) the amount of compensation includible in the individual’s gross income for such taxable year. (2) Special rule for certain married individuals \nIn the case of any individual who files a joint return for the taxable year, the amount taken into account under paragraph (1)(B) shall be increased by the excess (if any) of— (A) the compensation includible in the gross income of such individual’s spouse for the taxable year, over (B) the aggregate amount of contributions for the taxable year to all retirement savings accounts maintained for the benefit of such spouse. (3) Contributions permitted after age 70 1/2 \nContributions to a retirement savings account may be made even after the individual for whom the account is maintained has attained age 70 1/2. (4) Mandatory distribution rules not to apply before death \nNotwithstanding subsections (a)(6) and (b)(3) of section 408 (relating to required distributions), the following provisions shall not apply to any retirement savings account: (A) Section 401(a)(9)(A). (B) The incidental death benefit requirements of section 401(a). (5) Rollover contributions \n(A) In general \nNo rollover contribution may be made to a retirement savings account unless it is a qualified rollover contribution. (B) Coordination with limit \nA qualified rollover contribution shall not be taken into account for purposes of paragraph (1). (6) Rollovers from plans with taxable distributions \n(A) In general \nNotwithstanding sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16), in the case of any contribution to which this paragraph applies— (i) there shall be included in gross income any amount which would be includible were it not part of a qualified rollover contribution, (ii) section 72(t) shall not apply, and (iii) unless the taxpayer elects not to have this clause apply for any taxable year, any amount required to be included in gross income for such taxable year by reason of this paragraph for any contribution before January 1, 2006, shall be so included ratably over the 4-taxable year period beginning with such taxable year. Any election under clause (iii) for any contributions during a taxable year may not be changed after the due date (including extensions of time) for filing the taxpayer’s return for such taxable year. (B) Contributions to which paragraph applies \nThis paragraph shall apply to any qualified rollover contribution to a retirement savings account (other than a rollover contribution from another such account). (C) Conversions of IRAs \nThe conversion of an individual retirement plan (other than a retirement savings account) to a retirement savings account shall be treated for purposes of this paragraph as a contribution to which this paragraph applies. (D) Additional reporting requirements \nTrustees and plan administrators of eligible retirement plans (as defined in section 402(c)(8)(B)) and retirement savings accounts shall report such information as the Secretary may require to ensure that amounts required to be included in gross income under subparagraph (A) are so included. Such reports shall be made at such time and in such form and manner as the Secretary may require. The Secretary may provide that such information be included as additional information in reports required under section 408(i) or 6047. (E) Special rules for contributions to which a 4-year averaging applies \nIn the case of a qualified rollover contribution to which subparagraph (A)(iii) applied, the following rules shall apply: (i) Acceleration of inclusion \n(I) In general \nThe amount required to be included in gross income for each of the first 3 taxable years in the 4-year period under subparagraph (A)(iii) shall be increased by the aggregate distributions from retirement savings accounts for such taxable year which are allocable under subsection (d)(3) to the portion of such qualified rollover contribution required to be included in gross income under subparagraph (A)(i). (II) Limitation on aggregate amount included \nThe amount required to be included in gross income for any taxable year under subparagraph (A)(iii) shall not exceed the aggregate amount required to be included in gross income under subparagraph (A)(iii) for all taxable years in the 4-year period (without regard to subclause (I)) reduced by amounts included for all preceding taxable years. (ii) Death of distributee \n(I) In general \nIf the individual required to include amounts in gross income under such subparagraph dies before all of such amounts are included, all remaining amounts shall be included in gross income for the taxable year which includes the date of death. (II) Special rule for surviving spouse \nIf the spouse of the individual described in subclause (I) acquires the individual’s entire interest in any retirement savings account to which such qualified rollover contribution is properly allocable, the spouse may elect to treat the remaining amounts described in subclause (I) as includible in the spouse’s gross income in the taxable years of the spouse ending with or within the taxable years of such individual in which such amounts would otherwise have been includible. Any such election may not be made or changed after the due date (including extensions of time) for filing the spouse’s return for the taxable year which includes the date of death. (F) 5-year holding period rules \nIf— (i) any portion of a distribution from a retirement savings account is properly allocable to a qualified rollover contribution with respect to which an amount is includible in gross income under subparagraph (A)(i), (ii) such distribution is made during the 5-taxable year period beginning with the taxable year for which such contribution was made, and (iii) such distribution is not described in clause (i), (ii), or (iii) of subsection (d)(2)(A), then section 72(t) shall be applied as if such portion were includible in gross income. (7) Time when contributions made \nFor purposes of this section, a taxpayer shall be deemed to have made a contribution to a retirement savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). (8) Cost-of-living adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2005, the $5,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2004 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rules \nIf any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.", "id": "HF74E20B905664541B70023E5C3C00A4", "header": "Treatment of contributions", "nested": [], "links": [] }, { "text": "(d) Distribution rules \nFor purposes of this title— (1) Exclusion \nAny qualified distribution from a retirement savings account shall not be includible in gross income. (2) Qualified distribution \nFor purposes of this subsection— (A) In general \nThe term qualified distribution means any payment or distribution— (i) made on or after the date on which the individual attains age 58, (ii) made to a beneficiary (or to the estate of the individual) on or after the death of the individual, (iii) attributable to the individual’s being disabled (within the meaning of section 72(m)(7)), or (iv) to which section 72(t)(2)(F) applies (if such payment or distribution is made before January, 1, 2008). (B) Distributions of excess contributions and earnings \nThe term qualified distribution shall not include any distribution of any contribution described in section 408(d)(4) and any net income allocable to the contribution. (3) Ordering rules \nFor purposes of applying this section and section 72 to any distribution from a retirement savings account, such distribution shall be treated as made— (A) from contributions to the extent that the amount of such distribution, when added to all previous distributions from the retirement savings account, does not exceed the aggregate contributions to the retirement savings account; and (B) from such contributions in the following order: (i) Contributions other than qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i). (ii) Qualified rollover contributions with respect to which an amount is includible in gross income under subsection (c)(6)(A)(i) on a first-in, first-out basis. Any distribution allocated to a qualified rollover contribution under subparagraph (B)(ii) shall be allocated first to the portion of such contribution required to be included in gross income. (4) Aggregation rules \nSection 408(d)(2) shall be applied separately with respect to retirement savings accounts and other individual retirement plans.", "id": "H91DA556A4EF946CA93A0A8A8AF00DB14", "header": "Distribution rules", "nested": [], "links": [] }, { "text": "(e) Qualified rollover contribution \n(1) In general \nFor purposes of this section, the term qualified rollover contribution means— (A) a rollover contribution to a retirement savings account of an individual from another such account of such individual or such individual’s spouse, or from an individual retirement plan of such individual, but only if such rollover contribution meets the requirements of section 408(d)(3), and (B) a rollover contribution described in section 402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), or 457(e)(16). (2) Coordination with limitation on IRA rollovers \nFor purposes of section 408(d)(3)(B), there shall be disregarded any qualified rollover contribution from an individual retirement plan (other than a retirement savings account) to a retirement savings account.", "id": "H851DCEB52E8D4AB49EB4B3A217A8E61", "header": "Qualified rollover contribution", "nested": [], "links": [] }, { "text": "(f) Individual retirement plan \nFor purposes of this section— (1) a simplified employee pension or a simple retirement account may not be designated as a retirement savings account; and (2) contributions to any such pension or account shall not be taken into account for purposes of subsection (c)(1).", "id": "H638826A393A244EC8F02E019B1C1B700", "header": "Individual retirement plan", "nested": [], "links": [] }, { "text": "(g) Compensation \nFor purposes of this section, the term compensation includes earned income (as defined in section 401(c)(2)). Such term does not include any amount received as a pension or annuity and does not include any amount received as deferred compensation. Such term shall include any amount includible in the individual’s gross income under section 71 with respect to a divorce or separation instrument described in section 71(b)(2)(A). For purposes of this subsection, section 401(c)(2) shall be applied as if the term trade or business for purposes of section 1402 included service described in section 1402(c)(6).", "id": "H13C655CE52C14AEC99C684E62BDA54E", "header": "Compensation", "nested": [], "links": [] } ], "links": [] }, { "text": "219. Contributions to certain retirement plans allowing only employee contributions \n(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18). (b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year. (c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made. (d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions. (e) Cross reference \nFor failure to provide required reports, see section 6652(g).", "id": "H8D63EFFF42614F68BF1D88A9F5DA6059", "header": "Contributions to certain retirement plans allowing only employee contributions", "nested": [ { "text": "(a) Allowance of deduction \nIn the case of an individual, there shall be allowed as a deduction the amount contributed on behalf of such individual to a plan described in section 501(c)(18).", "id": "HE039AA6DBA134809A400C3973E423B7E", "header": "Allowance of deduction", "nested": [], "links": [] }, { "text": "(b) Maximum amount of deduction \nThe amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (1) $7,000, or (2) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual's gross income for such taxable year.", "id": "HFB2EB9E28F114568BD2C63198F3C9FA9", "header": "Maximum amount of deduction", "nested": [], "links": [] }, { "text": "(c) Beneficiary must be under age 70 1/2 \nNo deduction shall be allowed under this section with respect to any contribution on behalf of an individual if such individual has attained age 70 1/2 before the close of such individual’s taxable year for which the contribution was made.", "id": "H53131C9928F34CC8ABB765E87ED466C9", "header": "Beneficiary must be under age 701/2 ", "nested": [], "links": [] }, { "text": "(d) Special rules \n(1) Married individuals \nThe maximum deduction under subsection (b) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws. (2) Reports \nThe Secretary shall prescribe regulations which prescribe the time and the manner in which reports to the Secretary and plan participants shall be made by the plan administrator of a qualified employer or government plan receiving qualified voluntary employee contributions.", "id": "H0057A96CF195457A9B5B9B247484A205", "header": "Special rules", "nested": [], "links": [] }, { "text": "(e) Cross reference \nFor failure to provide required reports, see section 6652(g).", "id": "H6F3E84184D424168A4AD086F00137B99", "header": "Cross reference", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Airport Noise Curfew Act of 2004.", "id": "H1EDBB3FA62CD4D01A942270095789369", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment \nThere is established a commission to be known as the Airport Noise Curfew Commission (in this Act referred to as the Commission ).", "id": "HDCFC7841D0E044ED89B614E55ED3C375", "header": "Establishment", "nested": [], "links": [] }, { "text": "3. Duties of commission \nThe Commission shall study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours.", "id": "HD754AB1471B647BF855D095C0064037D", "header": "Duties of commission", "nested": [], "links": [] }, { "text": "4. Membership \n(a) Number and appointment \nThe Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Administrator of the Federal Aviation Administration (or the Administrator's designee). (b) Qualifications \nOne of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry. (c) Chairperson \nThe Chairperson of the Commission shall be elected by the members from among the members appointed under subsections (a)(1) and (a)(2) who are private citizens not involved in the aviation industry. (d) Vacancies \nA vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay \n(1) Rates of pay \nTo the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees \nMembers of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.", "id": "HF7DBAC99A88446F5A6C25AF1F34DC6B", "header": "Membership", "nested": [ { "text": "(a) Number and appointment \nThe Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Administrator of the Federal Aviation Administration (or the Administrator's designee).", "id": "H0D0749F76DC145CA82F6D6E211C1666B", "header": "Number and appointment", "nested": [], "links": [] }, { "text": "(b) Qualifications \nOne of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry.", "id": "H543603AA25E247D3A03F0405E434CB4D", "header": "Qualifications", "nested": [], "links": [] }, { "text": "(c) Chairperson \nThe Chairperson of the Commission shall be elected by the members from among the members appointed under subsections (a)(1) and (a)(2) who are private citizens not involved in the aviation industry.", "id": "HE4EC5AFA6D9B47149B32782779C68BD6", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(d) Vacancies \nA vacancy in the Commission shall be filled in the manner in which the original appointment was made.", "id": "HCDDE9B10314C46ADB115615C78684770", "header": "Vacancies", "nested": [], "links": [] }, { "text": "(e) Basic Pay \n(1) Rates of pay \nTo the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees \nMembers of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission.", "id": "H84555E2CDD224F9CA5D00B9E84043B1", "header": "Basic Pay", "nested": [], "links": [] }, { "text": "(f) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.", "id": "H96C31F66CBFD4E4584524F38C42524EC", "header": "Travel expenses", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "5. Staff of commission \n(a) Staff \nSubject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of certain civil service laws \nThe staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Experts and consultants \nSubject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule. (d) Staff of federal agencies \nUpon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.", "id": "H80C5FD1EA4C7453FA433B6E176C87051", "header": "Staff of commission", "nested": [ { "text": "(a) Staff \nSubject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate.", "id": "H4702B76777CD41E2BC47AC01B7C9A474", "header": "Staff", "nested": [], "links": [] }, { "text": "(b) Applicability of certain civil service laws \nThe staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.", "id": "H0F9777CB5B2146E7A61BA21D91D19B6B", "header": "Applicability of certain civil service laws", "nested": [], "links": [] }, { "text": "(c) Experts and consultants \nSubject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule.", "id": "H60463B0C76CA4D14B24F5118291DA91D", "header": "Experts and consultants", "nested": [], "links": [ { "text": "section 3109(b)", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "(d) Staff of federal agencies \nUpon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.", "id": "H6A56CF0441D643DFB586CB09A142259D", "header": "Staff of federal agencies", "nested": [], "links": [] } ], "links": [ { "text": "section 3109(b)", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "6. Powers of commission \n(a) Hearings and sessions \nThe Commission may, for the purpose of carrying out its duties and functions under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining official data \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (e) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena power \nThe Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.", "id": "H337A29149D024649BFDFBA6CB781BF7F", "header": "Powers of commission", "nested": [ { "text": "(a) Hearings and sessions \nThe Commission may, for the purpose of carrying out its duties and functions under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate.", "id": "HDF03DA95DE264267B354F048CBC1CDE", "header": "Hearings and sessions", "nested": [], "links": [] }, { "text": "(b) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act.", "id": "H23F54413DC9642FA8C6EA700EBDA7D60", "header": "Powers of members and agents", "nested": [], "links": [] }, { "text": "(c) Obtaining official data \nThe Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.", "id": "H82DB6A493EBF4825A1C21C73D8DE46B6", "header": "Obtaining official data", "nested": [], "links": [] }, { "text": "(d) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies.", "id": "H3691FF5BD3D7453DA2DACCC7E812C3BA", "header": "Mails", "nested": [], "links": [] }, { "text": "(e) Administrative support services \nUpon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act.", "id": "HA68D76996EFC4E45A8F1F47C382E6EB7", "header": "Administrative support services", "nested": [], "links": [] }, { "text": "(f) Subpoena power \nThe Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.", "id": "H2F7AC19BF0334F81B6DFE8B18C18051E", "header": "Subpoena power", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Report \nNot later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report on its findings and recommendations.", "id": "H3DC6BB633BB949E3BCED64DF339296", "header": "Report", "nested": [], "links": [] }, { "text": "8. Termination \nThe Commission shall terminate on the date of transmission of its report under section 7.", "id": "HBD6AED708066425592A074EDA6C5005F", "header": "Termination", "nested": [], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Restoration and improvement of Benjamin Franklin national memorial \n(a) Authorization of activities; cooperative agreement \nThe Secretary of the Interior, through the National Park Service, shall rehabilitate and make improvements to the Benjamin Franklin National Memorial, including the Memorial Hall and the Franklin statue, located in The Franklin Institute Science Museum in Philadelphia, Pennsylvania. The Secretary may enter into a cooperative agreement with The Franklin Institute to carry out the activities under this section. (b) Activities \nActivities under subsection (a) shall include the following: (1) Repair and restoration of the dome of the Memorial Hall. (2) Construction of ramps and handrails in The Franklin Institute to improve access to the Memorial. (3) Cleaning and refurbishing the entrance stairs, marble walls, and floors of the Memorial Hall. (4) Cleaning and refurbishing the Franklin statue located in the Memorial Hall. (5) Creation of an updated visitor education experience for the Memorial that includes sound, video, and holographic technologies. (6) Updated lighting and signage, appropriate inscription of inspirational quotations, and audiovisual additions to enhance the experience of visitors to the Memorial. (7) Creation of a 10,000 square foot exhibit adjacent to the Memorial Hall dedicated to Benjamin Franklin. (c) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior to carry out this section, $10,000,000 for fiscal years 2005 through 2009.", "id": "H5868C574DA824172A217E76E32003DBB", "header": "Restoration and improvement of Benjamin Franklin national memorial", "nested": [ { "text": "(a) Authorization of activities; cooperative agreement \nThe Secretary of the Interior, through the National Park Service, shall rehabilitate and make improvements to the Benjamin Franklin National Memorial, including the Memorial Hall and the Franklin statue, located in The Franklin Institute Science Museum in Philadelphia, Pennsylvania. The Secretary may enter into a cooperative agreement with The Franklin Institute to carry out the activities under this section.", "id": "H564114069AC84C20AC04F34B7D9942E9", "header": "Authorization of activities; cooperative agreement", "nested": [], "links": [] }, { "text": "(b) Activities \nActivities under subsection (a) shall include the following: (1) Repair and restoration of the dome of the Memorial Hall. (2) Construction of ramps and handrails in The Franklin Institute to improve access to the Memorial. (3) Cleaning and refurbishing the entrance stairs, marble walls, and floors of the Memorial Hall. (4) Cleaning and refurbishing the Franklin statue located in the Memorial Hall. (5) Creation of an updated visitor education experience for the Memorial that includes sound, video, and holographic technologies. (6) Updated lighting and signage, appropriate inscription of inspirational quotations, and audiovisual additions to enhance the experience of visitors to the Memorial. (7) Creation of a 10,000 square foot exhibit adjacent to the Memorial Hall dedicated to Benjamin Franklin.", "id": "HE3C203213D584DA083BB5BAE6DE93BE4", "header": "Activities", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior to carry out this section, $10,000,000 for fiscal years 2005 through 2009.", "id": "H95AABB516CD04DD1A1EE18A936C9A052", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Permanent resident status for Rosario Amato and Salvatore Amato \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rosario Amato and Salvatore Amato shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Rosario Amato or Salvatore Amato enters the United States before the filing deadline specified in subsection (c), the respective individual 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 Rosario Amato and Salvatore Amato, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Rosario Amato and Salvatore Amato shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HD649878C87494095AF851CB66B66836D", "header": "Permanent resident status for Rosario Amato and Salvatore Amato", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rosario Amato and Salvatore Amato shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H649B2DDA9C344825AD98005403425D3E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Rosario Amato or Salvatore Amato enters the United States before the filing deadline specified in subsection (c), the respective individual 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.", "id": "H1B6F70F0CF644DF88D1E19183E5BD034", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(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.", "id": "H3EF7207B1C9947358612A00018584976", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rosario Amato and Salvatore Amato, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act.", "id": "H9421B417F704469B9568144EDA5416BA", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Rosario Amato and Salvatore Amato shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H1FB49BE44B8A4AE7AFF61FB34E2DF709", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H297A986508A74224BF6DAF00CCF8819", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including— (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (7) Perpetrators cross State lines to commit such violence. (8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (9) Such violence is committed using articles that have traveled in interstate commerce. (10) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct races. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (12) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (13) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions.", "id": "H1D06D7CBA86C45A8B52C882D65CE7D9D", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definition of hate crime \nIn this Act, the term hate crime has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 28 U.S.C. 994 note).", "id": "H65DF1EA6125041E38D56F6A400878809", "header": "Definition of hate crime", "nested": [], "links": [ { "text": "28 U.S.C. 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" } ] }, { "text": "4. Support for criminal investigations and prosecutions by State and local law enforcement officials \n(a) Assistance other than financial assistance \n(1) In general \nAt the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that— (A) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (B) constitutes a felony under the laws of the State or Indian tribe; and (C) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe. (2) Priority \nIn providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants \n(1) In general \nThe Attorney General may award grants to assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice Programs \nIn implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application \n(A) In general \nEach State that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission \nApplications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements \nA State or political subdivision of a State or tribal official applying for assistance under this subsection shall— (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline \nAn application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount \nA grant under this subsection shall not exceed $100,000 for any single jurisdiction within a 1 year period. (6) Report \nNot later than December 31, 2005, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 and 2006.", "id": "H4C4B74A697BE431F8C7B8EB410519F3E", "header": "Support for criminal investigations and prosecutions by State and local law enforcement officials", "nested": [ { "text": "(a) Assistance other than financial assistance \n(1) In general \nAt the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that— (A) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (B) constitutes a felony under the laws of the State or Indian tribe; and (C) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe. (2) Priority \nIn providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.", "id": "HCF124FD1BF314C97917F752B4C455520", "header": "Assistance other than financial assistance", "nested": [], "links": [ { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] }, { "text": "(b) Grants \n(1) In general \nThe Attorney General may award grants to assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice Programs \nIn implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application \n(A) In general \nEach State that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission \nApplications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements \nA State or political subdivision of a State or tribal official applying for assistance under this subsection shall— (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline \nAn application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount \nA grant under this subsection shall not exceed $100,000 for any single jurisdiction within a 1 year period. (6) Report \nNot later than December 31, 2005, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2005 and 2006.", "id": "H3A9832E874EA401DBD810632F8890488", "header": "Grants", "nested": [], "links": [] } ], "links": [ { "text": "section 16", "legal-doc": "usc", "parsable-cite": "usc/18/16" } ] }, { "text": "5. Grant program \n(a) Authority to make grants \nThe Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H096A1F3FF3EA4E5FA67D3FEAADA5EFD", "header": "Grant program", "nested": [ { "text": "(a) Authority to make grants \nThe Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.", "id": "HE2A90908CCDB4BEABB00AE56788CF3B5", "header": "Authority to make grants", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H24BBFDDAF50E4AE09C06D4B083BA26B7", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Authorization for additional personnel to assist State and local law enforcement \nThere are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2005, 2006, and 2007 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7.", "id": "H2B4B9048EAEA46A28B1844EF27141822", "header": "Authorization for additional personnel to assist State and local law enforcement", "nested": [], "links": [ { "text": "section 249", "legal-doc": "usc", "parsable-cite": "usc/18/249" } ] }, { "text": "7. Prohibition of certain hate crime acts \n(a) In general \nChapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Hate crime acts \n(a) In general \n(1) Offenses involving actual or perceived race, color, religion, or national origin \nWhoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, or disability \n(A) In general \nWhoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) Circumstances described \nFor purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I) across a State line or national border; or (II) using a channel, facility, or instrumentality of interstate or foreign commerce; (ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv) the conduct described in subparagraph (A)— (I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II) otherwise affects interstate or foreign commerce. (b) Certification requirement \nNo prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that— (1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and (2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that— (A) the State does not have jurisdiction or does not intend to exercise jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the State does not object to the Federal Government assuming jurisdiction; or (D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. (c) Definitions \nIn this section— (1) the term explosive or incendiary device has the meaning given the term in section 232 of this title; and (2) the term firearm has the meaning given the term in section 921(a) of this title.. (b) Technical and conforming amendment \nThe analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Hate crime acts.", "id": "H3AB8754A38484D24BB136600AE59A1C", "header": "Prohibition of certain hate crime acts", "nested": [ { "text": "(a) In general \nChapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Hate crime acts \n(a) In general \n(1) Offenses involving actual or perceived race, color, religion, or national origin \nWhoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, or disability \n(A) In general \nWhoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) Circumstances described \nFor purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I) across a State line or national border; or (II) using a channel, facility, or instrumentality of interstate or foreign commerce; (ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv) the conduct described in subparagraph (A)— (I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II) otherwise affects interstate or foreign commerce. (b) Certification requirement \nNo prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that— (1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and (2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that— (A) the State does not have jurisdiction or does not intend to exercise jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the State does not object to the Federal Government assuming jurisdiction; or (D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. (c) Definitions \nIn this section— (1) the term explosive or incendiary device has the meaning given the term in section 232 of this title; and (2) the term firearm has the meaning given the term in section 921(a) of this title..", "id": "H29E39F578C214842B6651F3E562BBD1", "header": "In general", "nested": [], "links": [ { "text": "Chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" } ] }, { "text": "(b) Technical and conforming amendment \nThe analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: 249. Hate crime acts.", "id": "H0BDEDFCDEAE3442A8919AE035EF63C1", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" } ] } ], "links": [ { "text": "Chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" }, { "text": "chapter 13", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/13" } ] }, { "text": "249. Hate crime acts \n(a) In general \n(1) Offenses involving actual or perceived race, color, religion, or national origin \nWhoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, or disability \n(A) In general \nWhoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) Circumstances described \nFor purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I) across a State line or national border; or (II) using a channel, facility, or instrumentality of interstate or foreign commerce; (ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv) the conduct described in subparagraph (A)— (I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II) otherwise affects interstate or foreign commerce. (b) Certification requirement \nNo prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that— (1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and (2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that— (A) the State does not have jurisdiction or does not intend to exercise jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the State does not object to the Federal Government assuming jurisdiction; or (D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. (c) Definitions \nIn this section— (1) the term explosive or incendiary device has the meaning given the term in section 232 of this title; and (2) the term firearm has the meaning given the term in section 921(a) of this title.", "id": "HC4DC6C2149B844C28DFCD0C850052E08", "header": "Hate crime acts", "nested": [ { "text": "(a) In general \n(1) Offenses involving actual or perceived race, color, religion, or national origin \nWhoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, or disability \n(A) In general \nWhoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) Circumstances described \nFor purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— (I) across a State line or national border; or (II) using a channel, facility, or instrumentality of interstate or foreign commerce; (ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); (iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (iv) the conduct described in subparagraph (A)— (I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (II) otherwise affects interstate or foreign commerce.", "id": "HD96A6C55008240C2A89E73844EA07E18", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification requirement \nNo prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that— (1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and (2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that— (A) the State does not have jurisdiction or does not intend to exercise jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the State does not object to the Federal Government assuming jurisdiction; or (D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.", "id": "HAF37705485854FF8AF2661C408830992", "header": "Certification requirement", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section— (1) the term explosive or incendiary device has the meaning given the term in section 232 of this title; and (2) the term firearm has the meaning given the term in section 921(a) of this title.", "id": "HF819D5BC1A5F4F60B679CE00F28D0399", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Duties of Federal sentencing commission \n(a) Amendment of Federal sentencing guidelines \nPursuant to the authority provided under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission shall— (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense.", "id": "H9C5B6BF11A4A4E5DB58DECD3ADC9C7E", "header": "Duties of Federal sentencing commission", "nested": [ { "text": "(a) Amendment of Federal sentencing guidelines \nPursuant to the authority provided under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes.", "id": "H017644F3BF9A4E58999907496139EF22", "header": "Amendment of Federal sentencing guidelines", "nested": [], "links": [ { "text": "section 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" } ] }, { "text": "(b) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission shall— (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense.", "id": "HADD9187451A34F079B7355ABCA1D128", "header": "Consistency with other guidelines", "nested": [], "links": [] } ], "links": [ { "text": "section 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" } ] }, { "text": "9. Statistics \nSubsection (b)(1) of the first section of the Hate Crimes Statistics Act ( 28 U.S.C. 534 note) is amended by inserting gender, after race,.", "id": "HAC446C5782854F6CBA986EF74B334BB", "header": "Statistics", "nested": [], "links": [ { "text": "28 U.S.C. 534", "legal-doc": "usc", "parsable-cite": "usc/28/534" } ] }, { "text": "10. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.", "id": "H34FE0AC2AD3B43BF8DE0EDCCF338D56B", "header": "Severability", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Permanent resident status for Griselda Lopez Negrete \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Griselda Lopez Negrete shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Griselda Lopez Negrete enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Griselda Lopez Negrete, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Griselda Lopez Negrete shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HDF75E35F5E894C959E54B4819780E469", "header": "Permanent resident status for Griselda Lopez Negrete", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Griselda Lopez Negrete shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H3F376E4CE8AB45649CF771FB009757A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Griselda Lopez Negrete enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H1854E1427EC74B53B75C39C15213D139", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(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.", "id": "H69D596957D8D4E41AF590201E01BDD5F", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Griselda Lopez Negrete, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.", "id": "HDC85795675BA47AFAE60362FCE9976C3", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Griselda Lopez Negrete shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H14F86F3EBF15463B94B05B67FAF963F", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HBE1BCA3FFAC148B98918C3393700408D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Direct Loan Reward Program \nPart D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Direct Loan Reward Program \n(a) Program authorized \nThe Secretary shall carry out a Direct Loan Reward Program to encourage institutions of higher education to participate in the student loan program under this part. (b) Program requirements \nIn carrying out the Direct Loan Reward Program, the Secretary shall— (1) provide to each institution of higher education participating in the student loan program under this part a financial reward payment, in an amount determined in accordance with subsection (c) , to encourage the institution to provide student loans under this part; (2) require each institution of higher education receiving a payment under this section to provide student loans under this part for a period of 5 years from the date the payment is made; (3) require that funds paid to institutions of higher education under this section be used to award students a supplement to such students’ Pell Grants under subpart 1 of part A; and (4) for a period of 2 years beginning on the date of enactment of this section, encourage all institutions of higher education to participate in the Direct Loan Reward Program. (c) Amount \nThe amount of a financial reward payment under this section shall be an amount equal to 50 percent of the savings to the Federal Government generated by the institution’s participation in the student loan program under this part instead of the institution’s participation in the student loan program under part B. (d) Trigger to ensure cost neutrality \n(1) Limit to ensure cost neutrality \nNotwithstanding subsection (c) , the Secretary shall not distribute financial reward payments under the Direct Loan Reward Program that, in the aggregate, exceed the Federal savings resulting from implementation of the Direct Loan Reward Program. (2) Federal savings \nIn calculating Federal savings, as used in paragraph (1) , the Secretary shall determine any Federal savings on loans made to students at institutions of higher education that participate in the Direct Loan Reward Program and that, on the date of enactment of the Direct Loan Reward Program, participated in the student loan program under part B, resulting from the difference of— (A) the Federal cost of loan volume made under this part; and (B) the Federal cost of an equivalent type and amount of loan volume made, insured, or guaranteed under part B. (3) Distribution rules \nIf the Federal savings determined under paragraph (2) is not sufficient to distribute full financial reward payments under the Direct Loan Reward Program, the Secretary shall— (A) first make financial reward payments to those institutions of higher education that participated in the student loan program under part B on the date of enactment of the Direct Loan Reward Program; and (B) with any remaining Federal savings after making payments under subparagraph (A) , make financial reward payments to the institutions of higher education not described in subparagraph (A) on a pro-rata basis. (4) Distribution to students \nAny institution of higher education that receives a financial reward payment under this section shall distribute such payment among the students of such institution who are Pell Grant recipients by awarding each such student an equal supplemental grant. Such supplemental grant shall be known as a Pell Reward. (5) Carry over \nAny institution of higher education that receives a reduced financial reward payment under paragraph (3)(B) , shall remain eligible for the unpaid portion of such institution’s financial reward payment, as well as any additional financial reward payments for which the institution is otherwise eligible, in subsequent fiscal years..", "id": "H1E2423C366904987AABEA626BB08B137", "header": "Direct Loan Reward Program", "nested": [], "links": [ { "text": "20 U.S.C. 1087a et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087a" } ] }, { "text": "460A. Direct Loan Reward Program \n(a) Program authorized \nThe Secretary shall carry out a Direct Loan Reward Program to encourage institutions of higher education to participate in the student loan program under this part. (b) Program requirements \nIn carrying out the Direct Loan Reward Program, the Secretary shall— (1) provide to each institution of higher education participating in the student loan program under this part a financial reward payment, in an amount determined in accordance with subsection (c) , to encourage the institution to provide student loans under this part; (2) require each institution of higher education receiving a payment under this section to provide student loans under this part for a period of 5 years from the date the payment is made; (3) require that funds paid to institutions of higher education under this section be used to award students a supplement to such students’ Pell Grants under subpart 1 of part A; and (4) for a period of 2 years beginning on the date of enactment of this section, encourage all institutions of higher education to participate in the Direct Loan Reward Program. (c) Amount \nThe amount of a financial reward payment under this section shall be an amount equal to 50 percent of the savings to the Federal Government generated by the institution’s participation in the student loan program under this part instead of the institution’s participation in the student loan program under part B. (d) Trigger to ensure cost neutrality \n(1) Limit to ensure cost neutrality \nNotwithstanding subsection (c) , the Secretary shall not distribute financial reward payments under the Direct Loan Reward Program that, in the aggregate, exceed the Federal savings resulting from implementation of the Direct Loan Reward Program. (2) Federal savings \nIn calculating Federal savings, as used in paragraph (1) , the Secretary shall determine any Federal savings on loans made to students at institutions of higher education that participate in the Direct Loan Reward Program and that, on the date of enactment of the Direct Loan Reward Program, participated in the student loan program under part B, resulting from the difference of— (A) the Federal cost of loan volume made under this part; and (B) the Federal cost of an equivalent type and amount of loan volume made, insured, or guaranteed under part B. (3) Distribution rules \nIf the Federal savings determined under paragraph (2) is not sufficient to distribute full financial reward payments under the Direct Loan Reward Program, the Secretary shall— (A) first make financial reward payments to those institutions of higher education that participated in the student loan program under part B on the date of enactment of the Direct Loan Reward Program; and (B) with any remaining Federal savings after making payments under subparagraph (A) , make financial reward payments to the institutions of higher education not described in subparagraph (A) on a pro-rata basis. (4) Distribution to students \nAny institution of higher education that receives a financial reward payment under this section shall distribute such payment among the students of such institution who are Pell Grant recipients by awarding each such student an equal supplemental grant. Such supplemental grant shall be known as a Pell Reward. (5) Carry over \nAny institution of higher education that receives a reduced financial reward payment under paragraph (3)(B) , shall remain eligible for the unpaid portion of such institution’s financial reward payment, as well as any additional financial reward payments for which the institution is otherwise eligible, in subsequent fiscal years.", "id": "H4682B5501D3A45D48E2FD2F3D4613740", "header": "Direct Loan Reward Program", "nested": [ { "text": "(a) Program authorized \nThe Secretary shall carry out a Direct Loan Reward Program to encourage institutions of higher education to participate in the student loan program under this part.", "id": "H879672FD21334F1E95DD8C4C10913EDA", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Program requirements \nIn carrying out the Direct Loan Reward Program, the Secretary shall— (1) provide to each institution of higher education participating in the student loan program under this part a financial reward payment, in an amount determined in accordance with subsection (c) , to encourage the institution to provide student loans under this part; (2) require each institution of higher education receiving a payment under this section to provide student loans under this part for a period of 5 years from the date the payment is made; (3) require that funds paid to institutions of higher education under this section be used to award students a supplement to such students’ Pell Grants under subpart 1 of part A; and (4) for a period of 2 years beginning on the date of enactment of this section, encourage all institutions of higher education to participate in the Direct Loan Reward Program.", "id": "HCB9072292E96474C9E88F457B33BF1D0", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(c) Amount \nThe amount of a financial reward payment under this section shall be an amount equal to 50 percent of the savings to the Federal Government generated by the institution’s participation in the student loan program under this part instead of the institution’s participation in the student loan program under part B.", "id": "H33AC5BE470794745BC654004EEF7D133", "header": "Amount", "nested": [], "links": [] }, { "text": "(d) Trigger to ensure cost neutrality \n(1) Limit to ensure cost neutrality \nNotwithstanding subsection (c) , the Secretary shall not distribute financial reward payments under the Direct Loan Reward Program that, in the aggregate, exceed the Federal savings resulting from implementation of the Direct Loan Reward Program. (2) Federal savings \nIn calculating Federal savings, as used in paragraph (1) , the Secretary shall determine any Federal savings on loans made to students at institutions of higher education that participate in the Direct Loan Reward Program and that, on the date of enactment of the Direct Loan Reward Program, participated in the student loan program under part B, resulting from the difference of— (A) the Federal cost of loan volume made under this part; and (B) the Federal cost of an equivalent type and amount of loan volume made, insured, or guaranteed under part B. (3) Distribution rules \nIf the Federal savings determined under paragraph (2) is not sufficient to distribute full financial reward payments under the Direct Loan Reward Program, the Secretary shall— (A) first make financial reward payments to those institutions of higher education that participated in the student loan program under part B on the date of enactment of the Direct Loan Reward Program; and (B) with any remaining Federal savings after making payments under subparagraph (A) , make financial reward payments to the institutions of higher education not described in subparagraph (A) on a pro-rata basis. (4) Distribution to students \nAny institution of higher education that receives a financial reward payment under this section shall distribute such payment among the students of such institution who are Pell Grant recipients by awarding each such student an equal supplemental grant. Such supplemental grant shall be known as a Pell Reward. (5) Carry over \nAny institution of higher education that receives a reduced financial reward payment under paragraph (3)(B) , shall remain eligible for the unpaid portion of such institution’s financial reward payment, as well as any additional financial reward payments for which the institution is otherwise eligible, in subsequent fiscal years.", "id": "H7CAD6152B8114014B564C3238171821", "header": "Trigger to ensure cost neutrality", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Toy Gun Marking Improvement Act.", "id": "H1532F93083EE4338A2EAD1AE25037D79", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Preemption of State or local laws concerning the markings and identification of imitation or toy firearms \nSection 4 of the Federal Energy Management Improvement Act of 1988 ( 15 U.S.C. 5001 ) is amended— (1) in subsection (c), by adding at the end: Such term does include any toy replica of an antique firearm developed prior to 1898. ; and (2) in subsection (g), by amending paragraph (1) to read as follows: (1) prohibit the sale or manufacture of any look-alike, nonfiring, toy or collector replica of an antique firearm developed prior to 1898; or.", "id": "H04E72502E1364366BAB702A0C8941DCB", "header": "Preemption of State or local laws concerning the markings and identification of imitation or toy firearms", "nested": [], "links": [ { "text": "15 U.S.C. 5001", "legal-doc": "usc", "parsable-cite": "usc/15/5001" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Tribal Parity Act.", "id": "HDF43FB2F0F984CCEA3379B857E4E2BA6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 891)), was approved to promote the general economic development of the United States; (2) the Fort Randall and Big Bend dam and reservoir projects in South Dakota— (A) are major components of the Pick-Sloan Missouri River Basin Program; and (B) contribute to the national economy; (3) the Fort Randall and Big Bend projects inundated the fertile bottom land of the Lower Brule and Crow Creek Sioux Tribes, which greatly damaged the economy and cultural resources of the Tribes; (4) Congress has provided compensation to several Indian tribes, including the Lower Brule and Crow Creek Sioux Tribes, that border the Missouri River and suffered injury as a result of 1 or more Pick-Sloan Projects; (5) the compensation provided to those Indian tribes has not been consistent; (6) Missouri River Indian tribes that suffered injury as a result of 1 or more Pick-Sloan Projects should be adequately compensated for those injuries, and that compensation should be consistent among the Tribes; and (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux Tribe, based on methodology determined appropriate by the General Accounting Office, are entitled to receive additional compensation for injuries described in paragraph (6), so as to provide parity among compensation received by all Missouri River Indian tribes.", "id": "HF9F6FF443DCD488494CAF7C8D4CB36D2", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Lower Brule Sioux Tribe \nSection 4(b) of the Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act ( Public Law 105–132 ; 111 Stat. 2565) is amended by striking $39,300,000 and inserting $186,822,140.", "id": "H3A995AADEFEA4798A544BA3D7C975951", "header": "Lower Brule Sioux Tribe", "nested": [], "links": [ { "text": "Public Law 105–132", "legal-doc": "public-law", "parsable-cite": "pl/105/132" } ] }, { "text": "4. Crow Creek Sioux Tribe \nSection 4(b) of the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 ( Public Law 104–223 ; 110 Stat. 3027) is amended by striking $27,500,000 and inserting $105,917,853.", "id": "HD1EE92D087424F79B2B2DD4DD4AA00CF", "header": "Crow Creek Sioux Tribe", "nested": [], "links": [ { "text": "Public Law 104–223", "legal-doc": "public-law", "parsable-cite": "pl/104/223" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Permanent resident status for Fatuka Kaikumba Flake \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Fatuka Kaikumba Flake shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , Fatuka Kaikumba Flake may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Fatuka Kaikumba Flake by reason of any ground described in paragraph (1). (c) Adjustment of status \nIf Fatuka Kaikumba Flake enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Fatuka Kaikumba Flake, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Fatuka Kaikumba Flake shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H541C4D911D014B019177AA318F70FAFB", "header": "Permanent resident status for Fatuka Kaikumba Flake", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Fatuka Kaikumba Flake shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H3ED4AA2489D44B4A811143764847BB22", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act , Fatuka Kaikumba Flake may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Fatuka Kaikumba Flake by reason of any ground described in paragraph (1).", "id": "HA16461610FA9437700C8D3468D23A9A9", "header": "Waiver of grounds for removal or denial of admission", "nested": [], "links": [] }, { "text": "(c) Adjustment of status \nIf Fatuka Kaikumba Flake enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H2B107B0AC17A4241B78F2F1155E19BFB", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "HBC58CEB734F7412DA4E2BF9F4D0069FB", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Fatuka Kaikumba Flake, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.", "id": "H68A30878F0B14BF59581373773055936", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Fatuka Kaikumba Flake shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H48CB0BD2C6F344F1A600CA7200BBF847", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Requirement to offer farmers supplemental crop insurance based on an area yield and loss plan of insurance \n(a) In general \nSection 508(c)(3) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(3) ) is amended to read as follows: (3) Yield and loss basis \n(A) Availability of coverage on individual or area yield and loss basis \nA producer shall have the option of purchasing additional coverage based on an individual yield and loss basis or on an area yield and loss basis, if both options are offered by the Corporation. (B) Supplemental area coverage \n(i) Authority to offer coverage \n(I) In general \nNotwithstanding section 508(c)(4), if area coverage is available in the area (as determined by the Corporation), the Corporation may provide producers in that area that purchase an additional level of coverage for an insurable commodity based either on an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, the option to purchase supplemental insurance coverage based on an area yield and loss plan of insurance. (II) Limitation \nThe sum of (a) the coverage level expressed in percentage terms for the individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, and (b) the share expressed in percentage terms of the area yield and loss plan of insurance (at whatever coverage level is selected) that is used to determine the level of supplemental insurance coverage shall not exceed 100 percent. (ii) Individual yield and loss plan required \nTo be eligible for supplemental coverage under this subparagraph, a producer must also purchase an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, at an additional coverage level for the same crop covered by the supplemental coverage. (iii) Payment of portion of premium \nThe Corporation shall pay a portion of the premium under a supplemental area yield and loss plan of insurance and the associated individual area yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, in an amount described in subsection (e). (iv) Indemnity paid under supplemental coverage \n(I) Amount of indemnity \nThe indemnity payable under supplemental coverage shall be calculated as— (aa) the total indemnity for an area yield and loss plan of insurance at the coverage level chosen by the producer; multiplied by (bb) the share of the coverage of the area yield and loss plan of insurance selected by the producer. (II) Special rule relating to qualifying losses \nIn the case of a qualifying loss in an area (as determined by the Corporation) under a supplemental area yield and loss plan of insurance, subject to the applicable coverage limits, the total amount of the indemnity shall be available to the producer regardless of the loss incurred under the individual yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, of the producer. (v) Reinsurance year \nSubject to availability of area coverage for the insurable crop in the area (as determined by the Corporation), the supplemental plan of insurance described in this subparagraph shall be made available by the Corporation not later than the 2005 reinsurance year.. (b) Conforming amendment \nSection 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) ) is amended— (1) by striking “additional coverage” the first place it occurs and inserting “additional and supplemental coverages”; and (2) by adding at the end the following: (C) In the case of supplemental area coverage that, in combination with either the individual yield and loss coverage, or a comparable coverage for a policy or plan of insurance that is not based on individual yield and does not insure more than 100 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, the amount of the premium shall— (i) be sufficient to cover anticipated losses and a reasonable reserve; and (ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio..", "id": "HFF286DE119CC4F8F88BD6700D00B77", "header": "Requirement to offer farmers supplemental crop insurance based on an area yield and loss plan of insurance", "nested": [ { "text": "(a) In general \nSection 508(c)(3) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(3) ) is amended to read as follows: (3) Yield and loss basis \n(A) Availability of coverage on individual or area yield and loss basis \nA producer shall have the option of purchasing additional coverage based on an individual yield and loss basis or on an area yield and loss basis, if both options are offered by the Corporation. (B) Supplemental area coverage \n(i) Authority to offer coverage \n(I) In general \nNotwithstanding section 508(c)(4), if area coverage is available in the area (as determined by the Corporation), the Corporation may provide producers in that area that purchase an additional level of coverage for an insurable commodity based either on an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, the option to purchase supplemental insurance coverage based on an area yield and loss plan of insurance. (II) Limitation \nThe sum of (a) the coverage level expressed in percentage terms for the individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, and (b) the share expressed in percentage terms of the area yield and loss plan of insurance (at whatever coverage level is selected) that is used to determine the level of supplemental insurance coverage shall not exceed 100 percent. (ii) Individual yield and loss plan required \nTo be eligible for supplemental coverage under this subparagraph, a producer must also purchase an individual yield and loss plan of insurance or a revenue plan of insurance that includes coverage for a loss in yield, as applicable, at an additional coverage level for the same crop covered by the supplemental coverage. (iii) Payment of portion of premium \nThe Corporation shall pay a portion of the premium under a supplemental area yield and loss plan of insurance and the associated individual area yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, in an amount described in subsection (e). (iv) Indemnity paid under supplemental coverage \n(I) Amount of indemnity \nThe indemnity payable under supplemental coverage shall be calculated as— (aa) the total indemnity for an area yield and loss plan of insurance at the coverage level chosen by the producer; multiplied by (bb) the share of the coverage of the area yield and loss plan of insurance selected by the producer. (II) Special rule relating to qualifying losses \nIn the case of a qualifying loss in an area (as determined by the Corporation) under a supplemental area yield and loss plan of insurance, subject to the applicable coverage limits, the total amount of the indemnity shall be available to the producer regardless of the loss incurred under the individual yield and loss plan of insurance or revenue plan of insurance that includes coverage for a loss in yield, as applicable, of the producer. (v) Reinsurance year \nSubject to availability of area coverage for the insurable crop in the area (as determined by the Corporation), the supplemental plan of insurance described in this subparagraph shall be made available by the Corporation not later than the 2005 reinsurance year..", "id": "HF1B5E3D676554744A84B81A928271207", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 1508(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/7/1508" } ] }, { "text": "(b) Conforming amendment \nSection 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) ) is amended— (1) by striking “additional coverage” the first place it occurs and inserting “additional and supplemental coverages”; and (2) by adding at the end the following: (C) In the case of supplemental area coverage that, in combination with either the individual yield and loss coverage, or a comparable coverage for a policy or plan of insurance that is not based on individual yield and does not insure more than 100 percent of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, the amount of the premium shall— (i) be sufficient to cover anticipated losses and a reasonable reserve; and (ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio..", "id": "H574E542514FB492A00E3655269EECCA7", "header": "Conforming amendment", "nested": [], "links": [ { "text": "7 U.S.C. 1508(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/7/1508" } ] } ], "links": [ { "text": "7 U.S.C. 1508(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/7/1508" }, { "text": "7 U.S.C. 1508(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/7/1508" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDBFE5DE1A32242EFA56B7D3E00486F95", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendment to Public Health Service Act \nSubsection (c) of section 312 of the Public Health Service Act (42 U.S.C. 244), as amended by Public Law 107–188, is amended— (1) at the end of paragraph (5), by striking and ; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) establish an information clearinghouse that provides information to increase public access to defibrillation in schools; and.", "id": "H792417B819E1450580E483D314078184", "header": "Amendment to Public Health Service Act", "nested": [], "links": [] } ]

[ "Health, Education, Labor, and Pensions Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H834C2851807A481E8B05AF06332D4E85", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Negotiating fair prices for medicare prescription drugs on behalf of medicare beneficiaries \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, is amended by striking subsection (i) (relating to noninterference) and by inserting the following: (i) Authority to negotiate prices with manufacturers \nIn order to ensure that beneficiaries enrolled under prescription drug plans and MA–PD plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, 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..", "id": "H5F3DD146534F49B4B450110000B743FE", "header": "Negotiating fair prices for medicare prescription drugs on behalf of medicare beneficiaries", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

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

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Small Employers Health Benefits Program Act of 2004.", "id": "H3831955F5F0F493C87FBE6FC404035F8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \n(a) In general \nIn this Act, the terms member of family , health benefits plan , carrier , employee organizations , and dependent have the meanings given such terms in section 8901 of title 5, United States Code. (b) Other terms \nIn this Act: (1) Employee \nThe term employee has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(6) ). Such term shall not include an employee of the Federal Government. (2) Employer \nThe term “employer has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) ), except that such term shall include only employers who employed an average of at least 1 but not more than 100 employees on business days during the year preceding the date of application. Such term shall not include the Federal Government. (3) Health status-related factor \nThe term health status-related factor has the meaning given such term in section 2791(d)(9) of the Public Health Service Act ( 42 U.S.C. 300gg–91(d)(9) ). (4) Office \nThe term Office means the Office of Personnel Management. (5) Participating employer \nThe term participating employer means an employer that— (A) elects to provide comprehensive health insurance coverage under this Act to its employees; and (B) is not offering other comprehensive health insurance coverage to such employees. (c) Application of certain rules in determination of employer size \nFor purposes of subsection (b)(2): (1) Application of aggregation rule for employers \nAll persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (2) Employers not in existence in preceding year \nIn the case of an employer which was not in existence for the full year prior to the date on which the employer applies to participate, the determination of whether such employer meets the requirements of subsection (b)(2) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the employer’s first full year. (3) Predecessors \nAny reference in this subsection to an employer shall include a reference to any predecessor of such employer. (d) Waiver and continuation of participation \n(1) Waiver \nThe Office may waive the limitations relating to the size of an employer which may participate in the health insurance program established under this Act on a case by case basis if the Office determines that such employer makes a compelling case for such a waiver. In making determinations under this paragraph, the Office may consider the effects of the employment of temporary and seasonal workers and other factors. (2) Continuation of participation \nAn employer participating in the program under this Act that experiences an increase in the number of employees so that such employer has in excess of 100 employees, may not be excluded from participation solely as a result of such increase in employees.", "id": "H57DE86993F4349FC92737D5FB23B2510", "header": "Definitions", "nested": [ { "text": "(a) In general \nIn this Act, the terms member of family , health benefits plan , carrier , employee organizations , and dependent have the meanings given such terms in section 8901 of title 5, United States Code.", "id": "H6276CACDE2AF4A2C8CF29B4492616E68", "header": "In general", "nested": [], "links": [ { "text": "section 8901", "legal-doc": "usc", "parsable-cite": "usc/5/8901" } ] }, { "text": "(b) Other terms \nIn this Act: (1) Employee \nThe term employee has the meaning given such term under section 3(6) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(6) ). Such term shall not include an employee of the Federal Government. (2) Employer \nThe term “employer has the meaning given such term under section 3(5) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(5) ), except that such term shall include only employers who employed an average of at least 1 but not more than 100 employees on business days during the year preceding the date of application. Such term shall not include the Federal Government. (3) Health status-related factor \nThe term health status-related factor has the meaning given such term in section 2791(d)(9) of the Public Health Service Act ( 42 U.S.C. 300gg–91(d)(9) ). (4) Office \nThe term Office means the Office of Personnel Management. (5) Participating employer \nThe term participating employer means an employer that— (A) elects to provide comprehensive health insurance coverage under this Act to its employees; and (B) is not offering other comprehensive health insurance coverage to such employees.", "id": "HDD0BE608CFF44EF388D2152CB443E21C", "header": "Other terms", "nested": [], "links": [ { "text": "29 U.S.C. 1002(6)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "29 U.S.C. 1002(5)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "42 U.S.C. 300gg–91(d)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "(c) Application of certain rules in determination of employer size \nFor purposes of subsection (b)(2): (1) Application of aggregation rule for employers \nAll persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (2) Employers not in existence in preceding year \nIn the case of an employer which was not in existence for the full year prior to the date on which the employer applies to participate, the determination of whether such employer meets the requirements of subsection (b)(2) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the employer’s first full year. (3) Predecessors \nAny reference in this subsection to an employer shall include a reference to any predecessor of such employer.", "id": "HFFE5E7D231C14CB10061D469785236EE", "header": "Application of certain rules in determination of employer size", "nested": [], "links": [ { "text": "section 414", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "(d) Waiver and continuation of participation \n(1) Waiver \nThe Office may waive the limitations relating to the size of an employer which may participate in the health insurance program established under this Act on a case by case basis if the Office determines that such employer makes a compelling case for such a waiver. In making determinations under this paragraph, the Office may consider the effects of the employment of temporary and seasonal workers and other factors. (2) Continuation of participation \nAn employer participating in the program under this Act that experiences an increase in the number of employees so that such employer has in excess of 100 employees, may not be excluded from participation solely as a result of such increase in employees.", "id": "H2F7EA2EBC0894F49823600C42800C148", "header": "Waiver and continuation of participation", "nested": [], "links": [] } ], "links": [ { "text": "section 8901", "legal-doc": "usc", "parsable-cite": "usc/5/8901" }, { "text": "29 U.S.C. 1002(6)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "29 U.S.C. 1002(5)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "42 U.S.C. 300gg–91(d)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" }, { "text": "section 414", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "3. Health insurance coverage for non-federal employees \n(a) Administration \nThe Office shall administer a health insurance program for non-Federal employees and employers in accordance with this Act. (b) Regulations \nExcept as provided under this Act, the Office shall prescribe regulations to apply the provisions of chapter 89 of title 5, United States Code, to the greatest extent practicable to participating carriers, employers, and employees covered under this Act. (c) Limitations \nIn no event shall the enactment of this Act result in— (1) any increase in the level of individual or Federal Government contributions required under chapter 89 of title 5, United States Code, including copayments or deductibles; (2) any decrease in the types of benefits offered under such chapter 89; or (3) any other change that would adversely affect the coverage afforded under such chapter 89 to employees and annuitants and members of family under that chapter. (d) Enrollment \nThe Office shall develop methods to facilitate enrollment under this Act, including the use of the Internet. (e) Contracts for administration \nThe Office may enter into contracts for the performance of appropriate administrative functions under this Act. (f) Separate risk pool \nIn the administration of this Act, the Office shall ensure that covered employees under this Act are in a risk pool that is separate from the risk pool maintained for covered individuals under chapter 89 of title 5, United States Code. (g) Rule of construction \nNothing in this Act shall be construed to require a carrier that is participating in the program under chapter 89 of title 5, United States Code, to provide health benefits plan coverage under this Act.", "id": "HB95C8DC498CA49BB8CB9682FEE7DCFC9", "header": "Health insurance coverage for non-federal employees", "nested": [ { "text": "(a) Administration \nThe Office shall administer a health insurance program for non-Federal employees and employers in accordance with this Act.", "id": "H286FF7DAFB0A415CA213005E1EE337A9", "header": "Administration", "nested": [], "links": [] }, { "text": "(b) Regulations \nExcept as provided under this Act, the Office shall prescribe regulations to apply the provisions of chapter 89 of title 5, United States Code, to the greatest extent practicable to participating carriers, employers, and employees covered under this Act.", "id": "H901B8365725E483595C41CEFFBBBD917", "header": "Regulations", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(c) Limitations \nIn no event shall the enactment of this Act result in— (1) any increase in the level of individual or Federal Government contributions required under chapter 89 of title 5, United States Code, including copayments or deductibles; (2) any decrease in the types of benefits offered under such chapter 89; or (3) any other change that would adversely affect the coverage afforded under such chapter 89 to employees and annuitants and members of family under that chapter.", "id": "HF1AFA463FBB547D08CBA55FD0040DDC4", "header": "Limitations", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(d) Enrollment \nThe Office shall develop methods to facilitate enrollment under this Act, including the use of the Internet.", "id": "HA2F18B65F88F49579BC04CE00BFE4D6", "header": "Enrollment", "nested": [], "links": [] }, { "text": "(e) Contracts for administration \nThe Office may enter into contracts for the performance of appropriate administrative functions under this Act.", "id": "H0EC99585B1C041A190042EF535763D17", "header": "Contracts for administration", "nested": [], "links": [] }, { "text": "(f) Separate risk pool \nIn the administration of this Act, the Office shall ensure that covered employees under this Act are in a risk pool that is separate from the risk pool maintained for covered individuals under chapter 89 of title 5, United States Code.", "id": "H2B9B1AE9BE5D4D959CEAC4C43C2E0646", "header": "Separate risk pool", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(g) Rule of construction \nNothing in this Act shall be construed to require a carrier that is participating in the program under chapter 89 of title 5, United States Code, to provide health benefits plan coverage under this Act.", "id": "H9F3FA2C7B81F430B9766C2162D23D801", "header": "Rule of construction", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "4. Contract requirement \n(a) In general \nThe Office may enter into contracts with qualified carriers offering health benefits plans of the type described in section 8903 or 8903a of title 5, United States Code, without regard to section 5 of title 41, United States Code, or other statutes requiring competitive bidding, to provide health insurance coverage to employees of participating employers under this Act. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Office shall ensure that health benefits coverage is provided for individuals only, married individuals without children, and families. (b) Eligibility \nA carrier shall be eligible to enter into a contract under subsection (a) if such carrier— (1) is licensed to offer health benefits plan coverage in each State in which the plan is offered; and (2) meets such other requirements as determined appropriate by the Office. (c) Statement of benefits \nEach contract under this Act shall contain a detailed statement of benefits offered and shall include information concerning such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable. (d) Standards \nThe minimum standards prescribed for health benefits plans under section 8902(e) of title 5, United States Code, and for carriers offering plans, shall apply to plans and carriers under this Act. Approval of a plan may be withdrawn by the Office only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5, United States Code. (e) Conversion \n(1) In general \nA contract may not be made or a plan approved under this section if the carrier under such contract or plan does not offer to each enrollee whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which the individual may exercise the option to convert, without evidence of good health, to a nongroup contract providing health benefits. An enrollee who exercises this option shall pay the full periodic charges of the nongroup contract. (2) Noncancellable \nThe benefits and coverage made available under paragraph (1) are noncancellable by the carrier except for fraud, over-insurance, or nonpayment of periodic charges. (f) Rates \nRates charged under health benefits plans under this Act shall reasonably and equitably reflect the cost of the benefits provided. Such rates shall be determined on a basis which, in the judgment of the Office, is consistent with the lowest schedule of basic rates generally charged for new group health benefits plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, except that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Office, is consistent with the general practice of carriers which issue group health benefits plans to large employers. Rates charged for coverage under this Act shall not vary based on health-status related factors. (g) Requirement of payment for or provision of health service \nEach contract entered into under this Act shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of title 5, United States Code, is entitled thereto under the terms of the contract. (h) Preemption \nThe terms of any contract entered into under this Act that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.", "id": "H7D17D10AAC774A69B1D500C6EBCB45D0", "header": "Contract requirement", "nested": [ { "text": "(a) In general \nThe Office may enter into contracts with qualified carriers offering health benefits plans of the type described in section 8903 or 8903a of title 5, United States Code, without regard to section 5 of title 41, United States Code, or other statutes requiring competitive bidding, to provide health insurance coverage to employees of participating employers under this Act. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. In entering into such contracts, the Office shall ensure that health benefits coverage is provided for individuals only, married individuals without children, and families.", "id": "H0EB2964994224739B8232CCD9CF2A561", "header": "In general", "nested": [], "links": [ { "text": "8903", "legal-doc": "usc", "parsable-cite": "usc/5/8903" }, { "text": "8903a", "legal-doc": "usc", "parsable-cite": "usc/5/8903a" }, { "text": "section 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" } ] }, { "text": "(b) Eligibility \nA carrier shall be eligible to enter into a contract under subsection (a) if such carrier— (1) is licensed to offer health benefits plan coverage in each State in which the plan is offered; and (2) meets such other requirements as determined appropriate by the Office.", "id": "HDB912F1D67FF4DC8AECDA503AD7737C2", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Statement of benefits \nEach contract under this Act shall contain a detailed statement of benefits offered and shall include information concerning such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable.", "id": "HB45113C2E3714FBD858FDBBA183F9639", "header": "Statement of benefits", "nested": [], "links": [] }, { "text": "(d) Standards \nThe minimum standards prescribed for health benefits plans under section 8902(e) of title 5, United States Code, and for carriers offering plans, shall apply to plans and carriers under this Act. Approval of a plan may be withdrawn by the Office only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of chapter 5 and chapter 7 of title 5, United States Code.", "id": "H556A263F909B44E2AF17E520ABE18500", "header": "Standards", "nested": [], "links": [ { "text": "section 8902(e)", "legal-doc": "usc", "parsable-cite": "usc/5/8902" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(e) Conversion \n(1) In general \nA contract may not be made or a plan approved under this section if the carrier under such contract or plan does not offer to each enrollee whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which the individual may exercise the option to convert, without evidence of good health, to a nongroup contract providing health benefits. An enrollee who exercises this option shall pay the full periodic charges of the nongroup contract. (2) Noncancellable \nThe benefits and coverage made available under paragraph (1) are noncancellable by the carrier except for fraud, over-insurance, or nonpayment of periodic charges.", "id": "HD27E83C1A7F544C591FDD7893DBF2C66", "header": "Conversion", "nested": [], "links": [] }, { "text": "(f) Rates \nRates charged under health benefits plans under this Act shall reasonably and equitably reflect the cost of the benefits provided. Such rates shall be determined on a basis which, in the judgment of the Office, is consistent with the lowest schedule of basic rates generally charged for new group health benefits plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, except that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Office, is consistent with the general practice of carriers which issue group health benefits plans to large employers. Rates charged for coverage under this Act shall not vary based on health-status related factors.", "id": "H5A05B8B1DAAE42C6A38CCB00CC00876D", "header": "Rates", "nested": [], "links": [] }, { "text": "(g) Requirement of payment for or provision of health service \nEach contract entered into under this Act shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of title 5, United States Code, is entitled thereto under the terms of the contract.", "id": "H93740C906A604956AA74B3D000E8D4C", "header": "Requirement of payment for or provision of health service", "nested": [], "links": [ { "text": "section 8905a", "legal-doc": "usc", "parsable-cite": "usc/5/8905a" } ] }, { "text": "(h) Preemption \nThe terms of any contract entered into under this Act that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.", "id": "H1B2ABD8DB60B4773A141A1A160789880", "header": "Preemption", "nested": [], "links": [] } ], "links": [ { "text": "8903", "legal-doc": "usc", "parsable-cite": "usc/5/8903" }, { "text": "8903a", "legal-doc": "usc", "parsable-cite": "usc/5/8903a" }, { "text": "section 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" }, { "text": "section 8902(e)", "legal-doc": "usc", "parsable-cite": "usc/5/8902" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "section 8905a", "legal-doc": "usc", "parsable-cite": "usc/5/8905a" } ] }, { "text": "5. Eligibility \nAn individual shall be eligible to enroll in a plan under this Act if such individual— (1) is an employee of an employer described in section 2(b)(2), or is a self employed individual as defined in section 401(c)(1)(B) of the Internal Revenue Code of 1986; and (2) is not otherwise enrolled or eligible for enrollment in a plan under chapter 89 of title 5, United States Code.", "id": "HA1774A2DA55D46C1AEA6B9F51940BDB4", "header": "Eligibility", "nested": [], "links": [ { "text": "section 401(c)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "6. Alternative conditions to Federal employee plans \n(a) Treatment of employee \nFor purposes of enrollment in a health benefits plan under this Act, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89 of title 5, United States Code. (b) Preexisting condition exclusions \n(1) In general \nEach contract under this Act may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. (2) Exclusion period \n(A) In general \nA preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not later than 6 months after the date on which the coverage of the individual under a health benefits plan commences, reduced by 1 month for each month that the individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this Act. (B) Lapse in coverage \nFor purposes of this paragraph, a lapse in coverage of not more than 63 days immediately preceding the date of the submission of an application for coverage under this Act shall not be considered a lapse in continuous coverage. (c) Rates and premiums \n(1) In general \nRates charged and premiums paid for a health benefits plan under this Act— (A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89 of title 5, United States Code; (B) shall be negotiated in the same manner as rates and premiums are negotiated under such chapter 89; and (C) shall be adjusted to cover the administrative costs of the Office under this Act. (2) Determinations \nIn determining rates and premiums under this Act— (A) the age of covered individuals may be considered; and (B) rebates or lower rates and premiums may be set to encourage longevity of coverage. (d) Termination and reenrollment \nIf an individual who is enrolled in a health benefits plan under this Act terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following the expiration of 6 months after the date of such termination. (e) Rule of construction \nNothing in this Act shall be construed to limit the application of the service-charge system used by the Office for determining profits for participating carriers under chapter 89 of title 5, United States Code.", "id": "HDAEAE628EF5E45A3BB57626DBE43A6B", "header": "Alternative conditions to Federal employee plans", "nested": [ { "text": "(a) Treatment of employee \nFor purposes of enrollment in a health benefits plan under this Act, an individual who had coverage under a health insurance plan and is not a qualified beneficiary as defined under section 4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a similar manner as an individual who begins employment as an employee under chapter 89 of title 5, United States Code.", "id": "H260813EA78684281878D6912BF00B3AA", "header": "Treatment of employee", "nested": [], "links": [ { "text": "section 4980B(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4980B" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(b) Preexisting condition exclusions \n(1) In general \nEach contract under this Act may include a preexisting condition exclusion as defined under section 9801(b)(1) of the Internal Revenue Code of 1986. (2) Exclusion period \n(A) In general \nA preexisting condition exclusion under this subsection shall provide for coverage of a preexisting condition to begin not later than 6 months after the date on which the coverage of the individual under a health benefits plan commences, reduced by 1 month for each month that the individual was covered under a health insurance plan immediately preceding the date the individual submitted an application for coverage under this Act. (B) Lapse in coverage \nFor purposes of this paragraph, a lapse in coverage of not more than 63 days immediately preceding the date of the submission of an application for coverage under this Act shall not be considered a lapse in continuous coverage.", "id": "H8DED06AA45E54CB085BBFD8682D6BE8", "header": "Preexisting condition exclusions", "nested": [], "links": [ { "text": "section 9801(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/9801" } ] }, { "text": "(c) Rates and premiums \n(1) In general \nRates charged and premiums paid for a health benefits plan under this Act— (A) may be adjusted and differ from such rates charged and premiums paid for the same health benefits plan offered under chapter 89 of title 5, United States Code; (B) shall be negotiated in the same manner as rates and premiums are negotiated under such chapter 89; and (C) shall be adjusted to cover the administrative costs of the Office under this Act. (2) Determinations \nIn determining rates and premiums under this Act— (A) the age of covered individuals may be considered; and (B) rebates or lower rates and premiums may be set to encourage longevity of coverage.", "id": "HDE2522BB150D44BCBDA033F6004FE5A", "header": "Rates and premiums", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(d) Termination and reenrollment \nIf an individual who is enrolled in a health benefits plan under this Act terminates the enrollment, the individual shall not be eligible for reenrollment until the first open enrollment period following the expiration of 6 months after the date of such termination.", "id": "H475FF086FA2844AC8C9E9B7D317DB912", "header": "Termination and reenrollment", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this Act shall be construed to limit the application of the service-charge system used by the Office for determining profits for participating carriers under chapter 89 of title 5, United States Code.", "id": "H29FDF7CF69FF4493A753F1C5ED75727F", "header": "Rule of construction", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] } ], "links": [ { "text": "section 4980B(g)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/4980B" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "section 9801(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/9801" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "7. Encouraging participation by carriers through adjustments for risk \n(a) Application of risk corridors \n(1) In general \nThis section shall only apply to carriers with respect to health benefits plans offered under this Act during any of calendar years 2005 through 2009. (2) Notification of costs under the plan \nIn the case of a carrier that offers a health benefits plan under this Act in any of calendar years 2005 through 2009, the carrier shall notify the Office, before such date in the succeeding year as the Office specifies, of the total amount of costs incurred in providing benefits under the health benefits plan for the year involved and the portion of such costs that is attributable to administrative expenses. (3) Allowable costs defined \nFor purposes of this section, the term allowable costs means, with respect to a health benefits plan offered by a carrier under this Act, for a year, the total amount of costs described in paragraph (2) for the plan and year, reduced by the portion of such costs attributable to administrative expenses incurred in providing the benefits described in such paragraph. (b) Adjustment of payment \n(1) No adjustment if allowable costs within 3 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for a calendar year are at least 97 percent, but do not exceed 103 percent, of the target amount for the plan and year involved, there shall be no payment adjustment under this section for the plan and year. (2) Increase in payment if allowable costs above 103 percent of target amount \n(A) Costs between 103 and 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 103 percent, but not greater than 108 percent, of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier of an amount equal to 75 percent of the difference between such allowable costs and 103 percent of such target amount. (B) Costs above 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 108 percent of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier in an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between such allowable costs and 108 percent of such target amount. (3) Reduction in payment if allowable costs below 97 percent of target amount \n(A) Costs between 92 and 97 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 97 percent, but greater than or equal to 92 percent, of the target amount for the plan and year, the carrier shall be required to pay into the contingency reserve fund maintained under section 8909(b)(2) of title 5, United States Code, an amount equal to 75 percent of the difference between 97 percent of the target amount and such allowable costs. (B) Costs below 92 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 92 percent of the target amount for the plan and year, the carrier shall be required to pay into the stabilization fund under section 8909(b)(2) of title 5, United States Code, an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between 92 percent of such target amount and such allowable costs. (4) Target amount described \n(A) In general \nFor purposes of this subsection, the term target amount means, with respect to a health benefits plan offered by a carrier under this Act in any of calendar years 2005 through 2009, an amount equal to— (i) the total of the monthly premiums estimated by the carrier and approved by the Office to be paid for enrollees in the plan under this Act for the calendar year involved; reduced by (ii) the amount of administrative expenses that the carrier estimates, and the Office approves, will be incurred by the carrier with respect to the plan for such calendar year. (B) Submission of target amount \nNot later than December 31, 2004, and each December 31 thereafter through calendar year 2008, a carrier shall submit to the Office a description of the target amount for such carrier with respect to health benefits plans provided by the carrier under this Act. (c) Disclosure of information \n(1) In general \nEach contract under this Act shall provide— (A) that a carrier offering a health benefits plan under this Act shall provide the Office with such information as the Office determines is necessary to carry out this subsection including the notification of costs under subsection (a)(2) and the target amount under subsection (b)(4)(B); and (B) that the Office has the right to inspect and audit any books and records of the organization that pertain to the information regarding costs provided to the Office under such subsections. (2) Restriction on use of information \nInformation disclosed or obtained pursuant to the provisions of this subsection may be used by officers, employees, and contractors of the Office only for the purposes of, and to the extent necessary in, carrying out this section.", "id": "H2DB071645EA8465D89E421EEC8AB2BB", "header": "Encouraging participation by carriers through adjustments for risk", "nested": [ { "text": "(a) Application of risk corridors \n(1) In general \nThis section shall only apply to carriers with respect to health benefits plans offered under this Act during any of calendar years 2005 through 2009. (2) Notification of costs under the plan \nIn the case of a carrier that offers a health benefits plan under this Act in any of calendar years 2005 through 2009, the carrier shall notify the Office, before such date in the succeeding year as the Office specifies, of the total amount of costs incurred in providing benefits under the health benefits plan for the year involved and the portion of such costs that is attributable to administrative expenses. (3) Allowable costs defined \nFor purposes of this section, the term allowable costs means, with respect to a health benefits plan offered by a carrier under this Act, for a year, the total amount of costs described in paragraph (2) for the plan and year, reduced by the portion of such costs attributable to administrative expenses incurred in providing the benefits described in such paragraph.", "id": "H3DD8D5360A6941FFB8D076FD237BC768", "header": "Application of risk corridors", "nested": [], "links": [] }, { "text": "(b) Adjustment of payment \n(1) No adjustment if allowable costs within 3 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for a calendar year are at least 97 percent, but do not exceed 103 percent, of the target amount for the plan and year involved, there shall be no payment adjustment under this section for the plan and year. (2) Increase in payment if allowable costs above 103 percent of target amount \n(A) Costs between 103 and 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 103 percent, but not greater than 108 percent, of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier of an amount equal to 75 percent of the difference between such allowable costs and 103 percent of such target amount. (B) Costs above 108 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are greater than 108 percent of the target amount for the plan and year, the Office shall reimburse the carrier for such excess costs through payment to the carrier in an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between such allowable costs and 108 percent of such target amount. (3) Reduction in payment if allowable costs below 97 percent of target amount \n(A) Costs between 92 and 97 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 97 percent, but greater than or equal to 92 percent, of the target amount for the plan and year, the carrier shall be required to pay into the contingency reserve fund maintained under section 8909(b)(2) of title 5, United States Code, an amount equal to 75 percent of the difference between 97 percent of the target amount and such allowable costs. (B) Costs below 92 percent of target amount \nIf the allowable costs for the carrier with respect to the health benefits plan involved for the year are less than 92 percent of the target amount for the plan and year, the carrier shall be required to pay into the stabilization fund under section 8909(b)(2) of title 5, United States Code, an amount equal to the sum of— (i) 3.75 percent of such target amount; and (ii) 90 percent of the difference between 92 percent of such target amount and such allowable costs. (4) Target amount described \n(A) In general \nFor purposes of this subsection, the term target amount means, with respect to a health benefits plan offered by a carrier under this Act in any of calendar years 2005 through 2009, an amount equal to— (i) the total of the monthly premiums estimated by the carrier and approved by the Office to be paid for enrollees in the plan under this Act for the calendar year involved; reduced by (ii) the amount of administrative expenses that the carrier estimates, and the Office approves, will be incurred by the carrier with respect to the plan for such calendar year. (B) Submission of target amount \nNot later than December 31, 2004, and each December 31 thereafter through calendar year 2008, a carrier shall submit to the Office a description of the target amount for such carrier with respect to health benefits plans provided by the carrier under this Act.", "id": "H63DA158536B74CB5A51951294771D7EC", "header": "Adjustment of payment", "nested": [], "links": [ { "text": "section 8909(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8909" }, { "text": "section 8909(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8909" } ] }, { "text": "(c) Disclosure of information \n(1) In general \nEach contract under this Act shall provide— (A) that a carrier offering a health benefits plan under this Act shall provide the Office with such information as the Office determines is necessary to carry out this subsection including the notification of costs under subsection (a)(2) and the target amount under subsection (b)(4)(B); and (B) that the Office has the right to inspect and audit any books and records of the organization that pertain to the information regarding costs provided to the Office under such subsections. (2) Restriction on use of information \nInformation disclosed or obtained pursuant to the provisions of this subsection may be used by officers, employees, and contractors of the Office only for the purposes of, and to the extent necessary in, carrying out this section.", "id": "HE33A6A49CB344792B4025D97DC094D6C", "header": "Disclosure of information", "nested": [], "links": [] } ], "links": [ { "text": "section 8909(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8909" }, { "text": "section 8909(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/5/8909" } ] }, { "text": "8. Encouraging participation by carriers through reinsurance \n(a) Establishment \nThe Office shall establish a reinsurance fund to provide payments to carriers that experience one or more catastrophic claims during a year for health benefits provided to individuals enrolled in a health benefits plan under this Act. (b) Eligibility for payments \nTo be eligible for a payment from the reinsurance fund for a plan year, a carrier under this Act shall submit to the Office an application that contains— (1) a certification by the carrier that the carrier paid for at least one episode of care during the year for covered health benefits for an individual in an amount that is in excess of $50,000; and (2) such other information determined appropriate by the Office. (c) Payment \n(1) In general \nThe amount of a payment from the reinsurance fund to a carrier under this section for a catastrophic episode of care shall be determined by the Office but shall not exceed an amount equal to 80 percent of the applicable catastrophic claim amount. (2) Applicable catastrophic claim amount \nFor purposes of paragraph (1), the applicable catastrophic episode of care amount shall be equal to the difference between— (A) the amount of the catastrophic claim; and (B) $50,000. (3) Limitation \nIn determining the amount of a payment under paragraph (1), if the amount of the catastrophic claim exceeds the amount that would be paid for the healthcare items or services involved under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Office shall use the amount that would be paid under such title XVIII for purposes of paragraph (2)(A). (d) Definition \nIn this section, the term catastrophic claim means a claim submitted to a carrier, by or on behalf of an enrollee in a health benefits plan under this Act, that is in excess of $50,000.", "id": "H2FC71113C9D24571B9A0D365A9006F5C", "header": "Encouraging participation by carriers through reinsurance", "nested": [ { "text": "(a) Establishment \nThe Office shall establish a reinsurance fund to provide payments to carriers that experience one or more catastrophic claims during a year for health benefits provided to individuals enrolled in a health benefits plan under this Act.", "id": "HD1122B896A0D4C6EAF9BAAC6E0B1AF13", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Eligibility for payments \nTo be eligible for a payment from the reinsurance fund for a plan year, a carrier under this Act shall submit to the Office an application that contains— (1) a certification by the carrier that the carrier paid for at least one episode of care during the year for covered health benefits for an individual in an amount that is in excess of $50,000; and (2) such other information determined appropriate by the Office.", "id": "H7BE0D77847944E88B68E74084B33008E", "header": "Eligibility for payments", "nested": [], "links": [] }, { "text": "(c) Payment \n(1) In general \nThe amount of a payment from the reinsurance fund to a carrier under this section for a catastrophic episode of care shall be determined by the Office but shall not exceed an amount equal to 80 percent of the applicable catastrophic claim amount. (2) Applicable catastrophic claim amount \nFor purposes of paragraph (1), the applicable catastrophic episode of care amount shall be equal to the difference between— (A) the amount of the catastrophic claim; and (B) $50,000. (3) Limitation \nIn determining the amount of a payment under paragraph (1), if the amount of the catastrophic claim exceeds the amount that would be paid for the healthcare items or services involved under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Office shall use the amount that would be paid under such title XVIII for purposes of paragraph (2)(A).", "id": "H0F7C8CD8FA884502AC594299C65DBAF5", "header": "Payment", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "(d) Definition \nIn this section, the term catastrophic claim means a claim submitted to a carrier, by or on behalf of an enrollee in a health benefits plan under this Act, that is in excess of $50,000.", "id": "H624538E59273466DBF1339E883BDB46B", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "9. Contingency reserve fund \nBeginning on October 1, 2009, the Office may use amounts appropriated under section 14(a) that remain unobligated to establish a contingency reserve fund to provide assistance to carriers offering health benefits plans under this Act that experience unanticipated financial hardships (as determined by the Office).", "id": "H09A345A90C9444C291F5FA687E7C3B1", "header": "Contingency reserve fund", "nested": [], "links": [] }, { "text": "10. Employer participation \n(a) Regulations \nThe Office shall prescribe regulations providing for employer participation under this Act, including the offering of health benefits plans under this Act to employees. (b) Enrollment and offering of other coverage \n(1) Enrollment \nA participating employer shall ensure that each eligible employee has an opportunity to enroll in a plan under this Act. (2) Prohibition on offering of other comprehensive health benefit coverage \nA participating employer may not offer a health insurance plan providing comprehensive health benefit coverage to employees other than a health benefits plan that— (A) meets the requirements described in section 4(a); and (B) is offered only through the enrollment process established by the Office under section 3. (3) Offer of supplementary coverage options \nA participating employer may offer supplementary coverage options to employees. For purposes of this paragraph, the term supplementary coverage means benefits described as excepted benefits under section 2791(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) ). (c) Rule of construction \nNothing in this Act shall be construed to require that an employer make premium contributions on behalf of employees.", "id": "H5EF2DD2EDBE7455100B5E0007C3F4C41", "header": "Employer participation", "nested": [ { "text": "(a) Regulations \nThe Office shall prescribe regulations providing for employer participation under this Act, including the offering of health benefits plans under this Act to employees.", "id": "H7C653F4C07C54E5CA73FDE27A504A2F3", "header": "Regulations", "nested": [], "links": [] }, { "text": "(b) Enrollment and offering of other coverage \n(1) Enrollment \nA participating employer shall ensure that each eligible employee has an opportunity to enroll in a plan under this Act. (2) Prohibition on offering of other comprehensive health benefit coverage \nA participating employer may not offer a health insurance plan providing comprehensive health benefit coverage to employees other than a health benefits plan that— (A) meets the requirements described in section 4(a); and (B) is offered only through the enrollment process established by the Office under section 3. (3) Offer of supplementary coverage options \nA participating employer may offer supplementary coverage options to employees. For purposes of this paragraph, the term supplementary coverage means benefits described as excepted benefits under section 2791(c) of the Public Health Service Act ( 42 U.S.C. 300gg–91(c) ).", "id": "HA44B7B7575E0412C00D3E959E839984B", "header": "Enrollment and offering of other coverage", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–91(c)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "(c) Rule of construction \nNothing in this Act shall be construed to require that an employer make premium contributions on behalf of employees.", "id": "HB176BAE42B8C4C43B8D2366529B1B4F", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–91(c)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "11. Administration through regional administrative entities \n(a) In general \nIn order to provide for the administration of the benefits under this Act with maximum efficiency and convenience for participating employers and health care providers and other individuals and entities providing services to such employers, the Office is authorized to enter into contracts with eligible entities to perform, on a regional basis, one or more of the following: (1) Collect and maintain all information relating to individuals, families, and employers participating in the program under this Act in the region served. (2) Receive, disburse, and account for payments of premiums to participating employers by individuals in the region served, and for payments by participating employers to carriers. (3) Serve as a channel of communication between carriers, participating employers, and individuals relating to the administration of this Act. (4) Otherwise carry out such activities for the administration of this Act, in such manner, as may be provided for in the contract entered into under this section. (5) The processing of grievances and appeals. (b) Application \nTo be eligible to receive a contract under subsection (a), an entity shall prepare and submit to the Office an application at such time, in such manner, and containing such information as the Office may require. (c) Process \n(1) Competitive bidding \nAll contracts under this section shall be awarded through a competitive bidding process on a bi-annual basis. (2) Requirement \nNo contract shall be entered into with any entity under this section unless the Office finds that such entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as the Office finds pertinent. (3) Publication of standards and criteria \nThe Office shall publish in the Federal Register standards and criteria for the efficient and effective performance of contract obligations under this section, and opportunity shall be provided for public comment prior to implementation. In establishing such standards and criteria, the Office shall provide for a system to measure an entity’s performance of responsibilities. (4) Term \nEach contract under this section shall be for a term of at least 1 year, and may be made automatically renewable from term to term in the absence of notice by either party of intention to terminate at the end of the current term, except that the Office may terminate any such contract at any time (after such reasonable notice and opportunity for hearing to the entity involved as the Office may provide in regulations) if the Office finds that the entity has failed substantially to carry out the contract or is carrying out the contract in a manner inconsistent with the efficient and effective administration of the program established by this Act. (d) Terms of contract \nA contract entered into under this section shall include— (1) a description of the duties of the contracting entity; (2) an assurance that the entity will furnish to the Office such timely information and reports as the Office determines appropriate; (3) an assurance that the entity will maintain such records and afford such access thereto as the Office finds necessary to assure the correctness and verification of the information and reports under paragraph (2) and otherwise to carry out the purposes of this Act; (4) an assurance that the entity shall comply with such confidentiality and privacy protection guidelines and procedures as the Office may require; and (5) such other terms and conditions not inconsistent with this section as the Office may find necessary or appropriate.", "id": "H65A5C87FC5FE431487DA1ECD8B69A009", "header": "Administration through regional administrative entities", "nested": [ { "text": "(a) In general \nIn order to provide for the administration of the benefits under this Act with maximum efficiency and convenience for participating employers and health care providers and other individuals and entities providing services to such employers, the Office is authorized to enter into contracts with eligible entities to perform, on a regional basis, one or more of the following: (1) Collect and maintain all information relating to individuals, families, and employers participating in the program under this Act in the region served. (2) Receive, disburse, and account for payments of premiums to participating employers by individuals in the region served, and for payments by participating employers to carriers. (3) Serve as a channel of communication between carriers, participating employers, and individuals relating to the administration of this Act. (4) Otherwise carry out such activities for the administration of this Act, in such manner, as may be provided for in the contract entered into under this section. (5) The processing of grievances and appeals.", "id": "HCBD0CB5294D34709A5FDC9AAAF0918D3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \nTo be eligible to receive a contract under subsection (a), an entity shall prepare and submit to the Office an application at such time, in such manner, and containing such information as the Office may require.", "id": "HEB94AB4EE95A4414A3006250865D87C5", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Process \n(1) Competitive bidding \nAll contracts under this section shall be awarded through a competitive bidding process on a bi-annual basis. (2) Requirement \nNo contract shall be entered into with any entity under this section unless the Office finds that such entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as the Office finds pertinent. (3) Publication of standards and criteria \nThe Office shall publish in the Federal Register standards and criteria for the efficient and effective performance of contract obligations under this section, and opportunity shall be provided for public comment prior to implementation. In establishing such standards and criteria, the Office shall provide for a system to measure an entity’s performance of responsibilities. (4) Term \nEach contract under this section shall be for a term of at least 1 year, and may be made automatically renewable from term to term in the absence of notice by either party of intention to terminate at the end of the current term, except that the Office may terminate any such contract at any time (after such reasonable notice and opportunity for hearing to the entity involved as the Office may provide in regulations) if the Office finds that the entity has failed substantially to carry out the contract or is carrying out the contract in a manner inconsistent with the efficient and effective administration of the program established by this Act.", "id": "H0A99BD79EC9C4D59B1254CD5612662C0", "header": "Process", "nested": [], "links": [] }, { "text": "(d) Terms of contract \nA contract entered into under this section shall include— (1) a description of the duties of the contracting entity; (2) an assurance that the entity will furnish to the Office such timely information and reports as the Office determines appropriate; (3) an assurance that the entity will maintain such records and afford such access thereto as the Office finds necessary to assure the correctness and verification of the information and reports under paragraph (2) and otherwise to carry out the purposes of this Act; (4) an assurance that the entity shall comply with such confidentiality and privacy protection guidelines and procedures as the Office may require; and (5) such other terms and conditions not inconsistent with this section as the Office may find necessary or appropriate.", "id": "HDC002EF462DF403BB8004FCF4D11D21B", "header": "Terms of contract", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Coordination with social security benefits \nBenefits under this Act shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act , be offered (for use in coordination with those medicare benefits) to the same extent and in the same manner as if coverage were under chapter 89 of title 5, United States Code.", "id": "HD9E1C3735E4E4AF2BFBB9104F4C06495", "header": "Coordination with social security benefits", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "13. Public education campaign \n(a) In general \nIn carrying out this Act, the Office shall develop and implement an educational campaign to provide information to employers and the general public concerning the health insurance program developed under this Act. (b) Annual progress reports \nNot later than 1 year and 2 years after the implementation of the campaign under subsection (a), the Office shall submit to the appropriate committees of Congress a report that describes the activities of the Office under subsection (a), including a determination by the office of the percentage of employers with knowledge of the health benefits programs provided for under this Act. (c) Public education campaign \nThere is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2005 and 2006.", "id": "HCEF1C73EDB544038BAC6A0327797C7FB", "header": "Public education campaign", "nested": [ { "text": "(a) In general \nIn carrying out this Act, the Office shall develop and implement an educational campaign to provide information to employers and the general public concerning the health insurance program developed under this Act.", "id": "HB2EC9B7B18394B3A96E24C291B6F9FB4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Annual progress reports \nNot later than 1 year and 2 years after the implementation of the campaign under subsection (a), the Office shall submit to the appropriate committees of Congress a report that describes the activities of the Office under subsection (a), including a determination by the office of the percentage of employers with knowledge of the health benefits programs provided for under this Act.", "id": "H0C69B755A86A48F697CDAA6531275687", "header": "Annual progress reports", "nested": [], "links": [] }, { "text": "(c) Public education campaign \nThere is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2005 and 2006.", "id": "H3358600E36044C3EA99FE2C0A85CF33C", "header": "Public education campaign", "nested": [], "links": [] } ], "links": [] }, { "text": "14. Appropriations \n(a) Mandatory appropriations \nThere are authorized to be appropriated, and there are appropriated, to carry out sections 7 and 8— (1) $4,000,000,000 for fiscal year 2005; (2) $4,000,000,000 for fiscal year 2006; (3) $4,000,000,000 for fiscal year 2007; (4) $3,000,000,000 for fiscal year 2008; and (5) $3,000,000,000 for fiscal year 2009. (b) Other appropriations \nThere are authorized to be appropriated to the Office, such sums as may be necessary in each fiscal year for the development and administration of the program under this Act.", "id": "H1125DB911AC240E7AC356128CFBC6D7D", "header": "Appropriations", "nested": [ { "text": "(a) Mandatory appropriations \nThere are authorized to be appropriated, and there are appropriated, to carry out sections 7 and 8— (1) $4,000,000,000 for fiscal year 2005; (2) $4,000,000,000 for fiscal year 2006; (3) $4,000,000,000 for fiscal year 2007; (4) $3,000,000,000 for fiscal year 2008; and (5) $3,000,000,000 for fiscal year 2009.", "id": "H3C2B1E598C51431DBAD36F6905D62BB0", "header": "Mandatory appropriations", "nested": [], "links": [] }, { "text": "(b) Other appropriations \nThere are authorized to be appropriated to the Office, such sums as may be necessary in each fiscal year for the development and administration of the program under this Act.", "id": "H6715C58450934808A49745B9523800F0", "header": "Other appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "15. Refundable credit for small business employee health insurance expenses \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 inserting after section 35 the following new section: 36. Small business employee health insurance expenses \n(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. (b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer. (c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate. (d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year. (e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). (f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business.. (b) Conforming amendments \n(1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period , or from section 36 of such Code. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: Sec. 36. Small business employee health insurance expenses Sec. 37. Overpayments of tax. (e) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.", "id": "HDE5DA59F6C2442548DC9289820E1BDA4", "header": "Refundable credit for small business employee health insurance expenses", "nested": [ { "text": "(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 inserting after section 35 the following new section: 36. Small business employee health insurance expenses \n(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. (b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer. (c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate. (d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year. (e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). (f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business..", "id": "H8FE69F14DCCA4CB8B03F05A2A44E209C", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(b) Conforming amendments \n(1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period , or from section 36 of such Code. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: Sec. 36. Small business employee health insurance expenses Sec. 37. Overpayments of tax.", "id": "H81B6938A06EE4998009851CB75E14003", "header": "Conforming amendments", "nested": [], "links": [ { "text": "section 1324(b)", "legal-doc": "usc", "parsable-cite": "usc/31/1324" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.", "id": "H613D75E3F8BC414E82F85F0058ADBAB8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "section 1324(b)", "legal-doc": "usc", "parsable-cite": "usc/31/1324" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "36. Small business employee health insurance expenses \n(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. (b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer. (c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate. (d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year. (e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). (f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business.", "id": "HD6D8594B7C284D3FB8C01C847046301E", "header": "Small business employee health insurance expenses", "nested": [ { "text": "(a) Determination of amount \nIn the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of— (1) the expense amount described in subsection (b), and (2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year.", "id": "HCEB2DB368E0746DC849D43F14235ABBF", "header": "Determination of amount", "nested": [], "links": [] }, { "text": "(b) Subsection (b) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. (2) Applicable percentage \nFor purposes of paragraph (1)— (A) In general \nThe applicable percentage is equal to— (i) 25 percent in the case of self-only coverage, (ii) 35 percent in the case of family coverage (as defined in section 220(c)(5)), and (iii) 30 percent in the case of coverage for married adults with no children. (B) Bonus for payment of greater percentage of premiums \nThe applicable percentage otherwise specified in subparagraph (A) shall be increased by 5 percentage points for each additional 10 percent of the qualified employee health insurance expenses of each qualified employee exceeding 60 percent which are paid by the qualified small employer.", "id": "H7202A2ADA4994898B2B1535659699545", "header": "Subsection (b) expense amount", "nested": [], "links": [] }, { "text": "(c) Subsection (c) expense amount \nFor purposes of this section— (1) In general \nThe expense amount described in this subsection is, with respect to the first credit year of a qualified small employer which is an eligible employer, 10 percent of the qualified employee health insurance expenses of each qualified employee. (2) First credit year \nFor purposes of paragraph (1), the term first credit year means the taxable year which includes the date that the health insurance coverage to which the qualified employee health insurance expenses relate becomes effective. (3) Eligible employer \nFor purposes of paragraph (1), the term eligible employer shall not include a qualified small employer if, during the 3-taxable year period immediately preceding the first credit year, the employer or any member of any controlled group including the employer (or any predecessor of either) established or maintained health insurance coverage for substantially the same employees as are the qualified employees to which the qualified employee health insurance expenses relate.", "id": "H0AA973AC048F4874AA7CE0A371B1F510", "header": "Subsection (c) expense amount", "nested": [], "links": [] }, { "text": "(d) Limitation based on wages \n(1) In general \nThe percentage which would (but for this subsection) be taken into account as the percentage for purposes of subsection (b)(2) or (c)(1) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). (2) Amount of reduction \n(A) In general \nThe percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as— (i) the excess of— (I) the qualified employee’s wages at an annual rate during such taxable year, over (II) $25,000, bears to (ii) $5,000. (B) Annual adjustment \nFor each taxable year after 2005, the dollar amounts specified for the preceding taxable year (after the application of this subparagraph) shall be increased by the same percentage as the average percentage increase in premiums under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code for the calendar year in which such taxable year begins over the preceding calendar year.", "id": "H90FFED0B22D44E3E912E4D5E45A77D32", "header": "Limitation based on wages", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(e) Definitions \nFor purposes of this section— (1) Qualified small employer \nThe term qualified small employer means any employer (as defined in section 2(b)(2) of the Small Employers Health Benefits Program Act of 2004 ) which— (A) is a participating employer (as defined in section 2(b)(5) of such Act), and (B) pays or incurs at least 60 percent of the qualified employee health insurance expenses of each qualified employee. (2) Qualified employee health insurance expenses \n(A) In general \nThe term qualified employee health insurance expenses means any amount paid by an employer for health insurance coverage under such Act to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. (B) Exception for amounts paid under salary reduction arrangements \nNo amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). (3) Qualified employee \n(A) In general \nThe term qualified employee means, with respect to any period, an employee (as defined in section 2(b)(1) of such Act) of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000. (B) Wages \nThe term wages has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section).", "id": "HA98DC1782B9A47D483A7F2E5C8C97410", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply.", "id": "H13F0C62B66D744719643C21B9CFD1B09", "header": "Certain rules made applicable", "nested": [], "links": [] }, { "text": "(g) Credits for nonprofit organizations \nAny credit which would be allowable under subsection (a) with respect to a qualified small business if such qualified small business were not exempt from tax under this chapter shall be treated as a credit allowable under this subpart to such qualified small business.", "id": "HD1DC16C0697E4FC2B43EF02C0061F747", "header": "Credits for nonprofit organizations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "16. Effective date \nExcept as provided in section 10(e), this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to calendar year 2005 and each calendar year thereafter.", "id": "H375D0B345E2240D1BFBC6962E5D14913", "header": "Effective date", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee", "Ways and Means Committee" ]

[ { "text": "1. Extension of redesignation period for certain Historically Underutilized Business Zones (HUBZones) in States with persistently high unemployment \nSection 3(p)(4) of the Small Business Act ( 15 U.S.C. 632(p)(4) ) is amended by adding at the end the following new subparagraph: (D) Additional period \nNotwithstanding the 3-year limitation under subparagraph (C), a HUBZone in a redesignated area under that subparagraph shall be a HUBZone for one additional year for each year during the 3-year period for which— (i) the unemployment rate for the State involved is higher than such rate for the year in which the HUBZone was created; and (ii) the unemployment rate for the HUBZone is at least 85 percent of such rate for the year in which the HUBZone was created..", "id": "HE44642CF661445AD960048C14FFCC6", "header": "Extension of redesignation period for certain Historically Underutilized Business Zones (HUBZones) in States with persistently high unemployment", "nested": [], "links": [ { "text": "15 U.S.C. 632(p)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] } ]

[ "Small Business Committee" ]

[ { "text": "1. Special counter-cyclical payment rate for 2003 crop year for producers operating in declared disaster areas \nSection 1104 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7914) is amended by adding at the end the following new subsection: (g) Special payment rate for certain declared disaster areas \n(1) 2003 rate based on projected payment rate \nIn the case of the counter-cyclical payments that were required to be made under this section for the 2003 crop year to producers on a farm located in a federally declared disaster area for any of the 2001 through 2004 crop years, the Secretary shall use as the payment rate for that crop year the payment rate that was used to make partial payments under subsection (f) for that crop year, rather than the final payment rate determined for that crop year. (2) Prompt payment of additional amounts \nAs soon as practicable after the date of the enactment of this subsection, the Secretary shall pay to producers described in paragraph (1) any additional counter-cyclical payment amount due the producers for the 2003 crop year as a result of the revised payment rate required by paragraph (1). (3) Federally declared disaster area defined \nIn this subsection, the term federally declared disaster area means an area— (A) covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or (B) determined to be a disaster area by the Secretary under subpart A of part 1945 of title 7, Code of Federal Regulations..", "id": "HB59A3802E2DE49A2B6023F872EC898BA", "header": "Special counter-cyclical payment rate for 2003 crop year for producers operating in declared disaster areas", "nested": [], "links": [] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H8E157D854C4448B48D3BD7B02D68D27E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) From 1951 until 1992, the United States conducted over 900 nuclear weapons tests at the Nevada Test Site. (2) Of those tests, 100 exploded above ground and approximately one-fourth of those were bigger than the bomb dropped on Hiroshima, Japan. (3) The remaining 804 tests were detonated underground, yet many of these tests also released significant amounts of radioactive fallout into the atmosphere. The Shot Baneberry, detonated in 1970, was buried 900 feet below ground but radioactive debris erupted 10,000 feet into the air. (4) Public health researchers studied the implications of radiation fallout and weapons testing in 1961 and discovered significant negative health effects. (5) These research findings were not released until 1979. In the meantime, American citizens were never warned about the likelihood of contamination in areas downwind of the blasts nor were they alerted to adverse health effects associated with radiation exposure. (6) During the 1980s, public pressure forced the Federal Government to address surprisingly high rates of cancer and other illnesses among people exposed to radioactive fallout, commonly known as “downwinders,” which led to the passage of the Radiation Exposure Compensation Act in 1990. (7) To date, only one comprehensive radiation exposure study of an isotope, iodine-131, has been conducted and released. Iodine-131 is only one of more than 150 radionuclides released by the tests to which the American people were exposed. (8) This same radioactive fallout study, conducted by the National Cancer Institute, shows that exposure was not limited to residents of Nevada and Utah. Extensive radiation exposure has been documented in all of the contiguous 48 States, with some counties in the Midwest and the eastern United States receiving more fallout than some areas directly downwind of the Nevada Test Site. (9) The United States has engaged in a moratorium on nuclear weapons testing since 1992. However, the United States might in the future decide to resume nuclear weapons testing. (10) Before any resumption of nuclear weapons testing, the American public deserves much greater accountability from the Federal Government with respect to the health and safety aspects of nuclear weapons testing. (11) Therefore, the Federal Government must ensure public safety in the event of future nuclear weapons tests through a thorough analysis of the environmental effects of testing, public notification, comprehensive and independent test monitoring, and extensive health research efforts.", "id": "H34062B36DB6D4B26B374897F43C3C58F", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Treatment under National Environmental Policy Act of 1969 of actions relating to nuclear weapons tests \n(a) In general \nEach of the actions described in subsection (b) by a Federal agency is deemed to be a major Federal action significantly affecting the quality of the human environment for which a separate detailed environmental impact statement is required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (b) Actions described \nThe actions referred to in subsection (a) are the following: (1) Any action having as a purpose the resumption of nuclear weapon or nuclear explosive device tests at the Nevada Test Site. (2) Use of a location other than the Nevada Test Site for testing of a nuclear weapon or nuclear explosive device. (c) Included information \n(1) In general \nThe head of a Federal agency shall include in the environmental impact statement prepared for an action described in subsection (b) a detailed description of— (A) the possibility of radiation containment failure as a result of the action and the effects of such containment failure; and (B) possible long term effects on the water table from underground radiation leakage resulting from the action. (2) Information for categories of weapons \nIn the case of an action described in subsection (b) that is expected to result in the testing of more than one nuclear weapon or nuclear explosive device, the description required under paragraph (1) shall be included, separately, with respect to each of the following 3 classes of weapons and devices that might be the subject of such tests: (A) Weapons and devices having a yield of less than 15 kilotons. (B) Weapons and devices having a yield of not less than 15 kilotons and not greater than 50 kilotons. (C) Weapons and devices having a yield greater than 50 kilotons. (d) Availability of statements \nThe head of a Federal agency that carries out an action described in subsection (b)— (1) shall make publicly available the detailed statement required for the action under section 102(2)(C) of the National Environmental Policy Act of 1969, notwithstanding the existence of a classified annex for the statement; and (2) shall submit to the Congress each classified annex to such a statement. (e) Existing statements not sufficient \nAny statement prepared before the date of the enactment of this Act shall not be treated as the statement required by section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to an action described in subsection (b).", "id": "HEC93217009EF430DAFB111EC006631E1", "header": "Treatment under National Environmental Policy Act of 1969 of actions relating to nuclear weapons tests", "nested": [ { "text": "(a) In general \nEach of the actions described in subsection (b) by a Federal agency is deemed to be a major Federal action significantly affecting the quality of the human environment for which a separate detailed environmental impact statement is required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ).", "id": "H382360670DA74E32A956ABA2F90687A1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4332", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] }, { "text": "(b) Actions described \nThe actions referred to in subsection (a) are the following: (1) Any action having as a purpose the resumption of nuclear weapon or nuclear explosive device tests at the Nevada Test Site. (2) Use of a location other than the Nevada Test Site for testing of a nuclear weapon or nuclear explosive device.", "id": "H8D7FE467DE8D4C0ABE84DF377FDDF946", "header": "Actions described", "nested": [], "links": [] }, { "text": "(c) Included information \n(1) In general \nThe head of a Federal agency shall include in the environmental impact statement prepared for an action described in subsection (b) a detailed description of— (A) the possibility of radiation containment failure as a result of the action and the effects of such containment failure; and (B) possible long term effects on the water table from underground radiation leakage resulting from the action. (2) Information for categories of weapons \nIn the case of an action described in subsection (b) that is expected to result in the testing of more than one nuclear weapon or nuclear explosive device, the description required under paragraph (1) shall be included, separately, with respect to each of the following 3 classes of weapons and devices that might be the subject of such tests: (A) Weapons and devices having a yield of less than 15 kilotons. (B) Weapons and devices having a yield of not less than 15 kilotons and not greater than 50 kilotons. (C) Weapons and devices having a yield greater than 50 kilotons.", "id": "HE84128813536436998C5E401EF39CAE4", "header": "Included information", "nested": [], "links": [] }, { "text": "(d) Availability of statements \nThe head of a Federal agency that carries out an action described in subsection (b)— (1) shall make publicly available the detailed statement required for the action under section 102(2)(C) of the National Environmental Policy Act of 1969, notwithstanding the existence of a classified annex for the statement; and (2) shall submit to the Congress each classified annex to such a statement.", "id": "HA209E75AAF444B48AE064500ABFF5791", "header": "Availability of statements", "nested": [], "links": [] }, { "text": "(e) Existing statements not sufficient \nAny statement prepared before the date of the enactment of this Act shall not be treated as the statement required by section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to an action described in subsection (b).", "id": "H7E37000FE6FC4C5B8004BDC4A5993751", "header": "Existing statements not sufficient", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4332", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] }, { "text": "4. Congressional authorization required for resumption of nuclear weapons testing \nThe United States may not resume testing of nuclear weapons or any other nuclear explosive devices unless authorized by a law enacted after the date of the enactment of this Act.", "id": "H0C5ED54E459B43D49BA711D725825C3F", "header": "Congressional authorization required for resumption of nuclear weapons testing", "nested": [ { "text": "The United States may not resume testing of nuclear weapons or any other nuclear explosive devices unless authorized by a law enacted after the date of the enactment of this Act.", "id": "HA4A6E0B57CC64B83B4CC54D2B35213CF", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "5. Public notice requirements \n(a) Advance Public Notice of Each Test \n(1) In general \nThe United States may not carry out a test of a nuclear weapon or any other nuclear explosive device unless, for each such test, the President first provides, not less than 7 days before the date of the test, public notice of each of the following: (A) The fact that such a test is to be carried out. (B) The date and approximate time of the test. (C) The location of the test, including specific longitude and latitude. (2) Revisions \nTo the extent any information provided pursuant to paragraph (1) changes, the President shall promptly provide public notice of the changes and of any other information necessary to comply with paragraph (1). (b) Prompt Notice of Each Release of Radiation Beyond NTS \nWhenever a test of a nuclear weapon by the United States results in a release of radiation beyond the boundaries of the Nevada Test Site, the President shall promptly provide public notice of each of the following: (1) The actual date, time, and location of the test. (2) The fact that such a test has resulted in such a release. (3) The nature and extent of the release. (c) Rule of Construction \nThe requirements of subsections (a) and (b) shall apply notwithstanding any provision of law that would otherwise require or permit the information to not be made public.", "id": "HD8A4CD6395F1414A9FDCE51E1921FEE9", "header": "Public notice requirements", "nested": [ { "text": "(a) Advance Public Notice of Each Test \n(1) In general \nThe United States may not carry out a test of a nuclear weapon or any other nuclear explosive device unless, for each such test, the President first provides, not less than 7 days before the date of the test, public notice of each of the following: (A) The fact that such a test is to be carried out. (B) The date and approximate time of the test. (C) The location of the test, including specific longitude and latitude. (2) Revisions \nTo the extent any information provided pursuant to paragraph (1) changes, the President shall promptly provide public notice of the changes and of any other information necessary to comply with paragraph (1).", "id": "HFADFF327C4A044ABBCD577456F4878AF", "header": "Advance Public Notice of Each Test", "nested": [], "links": [] }, { "text": "(b) Prompt Notice of Each Release of Radiation Beyond NTS \nWhenever a test of a nuclear weapon by the United States results in a release of radiation beyond the boundaries of the Nevada Test Site, the President shall promptly provide public notice of each of the following: (1) The actual date, time, and location of the test. (2) The fact that such a test has resulted in such a release. (3) The nature and extent of the release.", "id": "HB6F2DCBCF8614D51838DA4C82EAFDE8", "header": "Prompt Notice of Each Release of Radiation Beyond NTS", "nested": [], "links": [] }, { "text": "(c) Rule of Construction \nThe requirements of subsections (a) and (b) shall apply notwithstanding any provision of law that would otherwise require or permit the information to not be made public.", "id": "H37ECC8486A584D8A811721CA4D90B200", "header": "Rule of Construction", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Grant program for independent radiation monitoring \n(a) Grants Authorized \nFrom amounts made available to carry out this section, the Secretary of Homeland Security, acting through the Office for Domestic Preparedness, shall carry out a program under which the Secretary makes grants to institutions of higher education for use by those institutions only to acquire radiation detection equipment and sensors and, for a period of 10 years thereafter, to maintain and operate such equipment and sensors. (b) Preference \nIn making grants under this section, the Secretary shall give preference to institutions in those States that received high levels of fallout from nuclear weapons tests, as determined by data collected by the National Cancer Institute. (c) Conditions \nAs a condition of receiving a grant, the institution shall, whenever the United States carries out a test of a nuclear weapon or other nuclear explosive device during the period referred to in subsection (a)— (1) use the equipment and sensors to carry out monitoring to determine the nature and amount of any radiation from the test that reaches such sensors; and (2) ensure that all information on radiation obtained through monitoring under paragraph (1) is made available to the public.", "id": "H9B1C625C5B204D8CBCCD73F09106BC00", "header": "Grant program for independent radiation monitoring", "nested": [ { "text": "(a) Grants Authorized \nFrom amounts made available to carry out this section, the Secretary of Homeland Security, acting through the Office for Domestic Preparedness, shall carry out a program under which the Secretary makes grants to institutions of higher education for use by those institutions only to acquire radiation detection equipment and sensors and, for a period of 10 years thereafter, to maintain and operate such equipment and sensors.", "id": "H8299B610890D4A84947F8FB1E3FD1071", "header": "Grants Authorized", "nested": [], "links": [] }, { "text": "(b) Preference \nIn making grants under this section, the Secretary shall give preference to institutions in those States that received high levels of fallout from nuclear weapons tests, as determined by data collected by the National Cancer Institute.", "id": "H971B499DBEF54516B8BF07505BBD3816", "header": "Preference", "nested": [], "links": [] }, { "text": "(c) Conditions \nAs a condition of receiving a grant, the institution shall, whenever the United States carries out a test of a nuclear weapon or other nuclear explosive device during the period referred to in subsection (a)— (1) use the equipment and sensors to carry out monitoring to determine the nature and amount of any radiation from the test that reaches such sensors; and (2) ensure that all information on radiation obtained through monitoring under paragraph (1) is made available to the public.", "id": "HB1F5C2B01FD441819717CCC7A9C43570", "header": "Conditions", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Monitoring of releases of radiation into the atmosphere \n(a) Monitoring by DOE and EPA \nWhenever the United States carries out a test of a nuclear weapon or other nuclear explosive device, monitoring to determine the nature and extent of any radiation released into the atmosphere shall be carried out by— (1) the Secretary of Energy, using— (A) all available monitoring systems of the Department of Energy located on or off the test site; and (B) any other complementary monitoring system located off the test site that is made available to the Secretary by the head of any other element of the Federal Government; and (2) the Administrator of the Environmental Protection Agency, using one or more monitoring systems and in consultation with the head of any other element of the Federal Government with a monitoring system located off the test site. (b) DOE Assessment of Containment \nFor each test, the Secretary of Energy shall assess and evaluate the containment of the test, both before and after the test. (c) EPA Monitoring \n(1) In general \nThe monitoring under subsection (a)(2) by the Administrator of the Environmental Protection Agency shall use a combination of temporary ground sensors, permanent ground sensors, and airborne sensors. (2) Real-time monitoring required \nAny sensors required by paragraph (1) that operate by gathering air particulates shall have real-time monitoring capabilities. (3) Placement \nThe Administrator of the Environmental Protection Agency shall determine the locations for the sensors required by paragraph (1) in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the head of any other element of the Federal Government with a suitable monitoring system located off the test site, and the head of any other element of the Federal Government that the Administrator of the Environmental Protection Agency considers appropriate. The determinations shall be based on proximity to major agricultural zones, population centers, public water resources, and areas with high levels of fallout from previous tests. (d) Public Notice of Monitoring Data \nThe Secretary and the Administrator of the Environmental Protection Agency each shall ensure that all information on radiation obtained through monitoring under subsection (a) is made available to the public on the Internet as soon as available, and in any event not more than 24 hours after such information is collected. (e) Finding of Release \nIf, in monitoring any such test, the head of any element of the Federal Government determines that a release of radiation beyond the boundaries of the NTS has occurred— (1) the Administrator of the Environmental Protection Agency shall immediately submit a report to Congress providing notice of that determination; (2) the United States shall stop all testing of all nuclear weapons or other nuclear explosive devices, except as otherwise provided in an Act enacted after the date of the test; and (3) the Attorney General shall carry out a program, substantially similar to the program under section 4 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note), under which compensation is provided to individuals adversely affected by that release of radiation.", "id": "HB507C81B3EEF42579DF38020F24F6DE1", "header": "Monitoring of releases of radiation into the atmosphere", "nested": [ { "text": "(a) Monitoring by DOE and EPA \nWhenever the United States carries out a test of a nuclear weapon or other nuclear explosive device, monitoring to determine the nature and extent of any radiation released into the atmosphere shall be carried out by— (1) the Secretary of Energy, using— (A) all available monitoring systems of the Department of Energy located on or off the test site; and (B) any other complementary monitoring system located off the test site that is made available to the Secretary by the head of any other element of the Federal Government; and (2) the Administrator of the Environmental Protection Agency, using one or more monitoring systems and in consultation with the head of any other element of the Federal Government with a monitoring system located off the test site.", "id": "HCAC0F5AA57DA4C86AA439E38E7466EAB", "header": "Monitoring by DOE and EPA", "nested": [], "links": [] }, { "text": "(b) DOE Assessment of Containment \nFor each test, the Secretary of Energy shall assess and evaluate the containment of the test, both before and after the test.", "id": "H07B7BBD71A8D48DA86C87929E35EB669", "header": "DOE Assessment of Containment", "nested": [], "links": [] }, { "text": "(c) EPA Monitoring \n(1) In general \nThe monitoring under subsection (a)(2) by the Administrator of the Environmental Protection Agency shall use a combination of temporary ground sensors, permanent ground sensors, and airborne sensors. (2) Real-time monitoring required \nAny sensors required by paragraph (1) that operate by gathering air particulates shall have real-time monitoring capabilities. (3) Placement \nThe Administrator of the Environmental Protection Agency shall determine the locations for the sensors required by paragraph (1) in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the head of any other element of the Federal Government with a suitable monitoring system located off the test site, and the head of any other element of the Federal Government that the Administrator of the Environmental Protection Agency considers appropriate. The determinations shall be based on proximity to major agricultural zones, population centers, public water resources, and areas with high levels of fallout from previous tests.", "id": "H195A5E532C7B4BCB99B6F8A6001600AB", "header": "EPA Monitoring", "nested": [], "links": [] }, { "text": "(d) Public Notice of Monitoring Data \nThe Secretary and the Administrator of the Environmental Protection Agency each shall ensure that all information on radiation obtained through monitoring under subsection (a) is made available to the public on the Internet as soon as available, and in any event not more than 24 hours after such information is collected.", "id": "H4653EA7D73094688912EDFEC5433004C", "header": "Public Notice of Monitoring Data", "nested": [], "links": [] }, { "text": "(e) Finding of Release \nIf, in monitoring any such test, the head of any element of the Federal Government determines that a release of radiation beyond the boundaries of the NTS has occurred— (1) the Administrator of the Environmental Protection Agency shall immediately submit a report to Congress providing notice of that determination; (2) the United States shall stop all testing of all nuclear weapons or other nuclear explosive devices, except as otherwise provided in an Act enacted after the date of the test; and (3) the Attorney General shall carry out a program, substantially similar to the program under section 4 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note), under which compensation is provided to individuals adversely affected by that release of radiation.", "id": "H9C481A5091234E1A008F8B39AAACCB07", "header": "Finding of Release", "nested": [], "links": [ { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] } ], "links": [ { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" } ] }, { "text": "8. Establishment of the Center for the Study of Radiation and Human Health \n(a) Establishment \nFrom amounts made available to carry out this section, the Director of the National Institutes of Health shall make a grant to a university or a consortium of universities located in the intermountain west region of the United States to establish, maintain, and operate a center described in subsection (b), to be known as the National Center for the Study of Radiation and Human Health. (b) Activities \nThe activities of the National Center for the Study of Radiation and Human Health shall include the following: (1) Awarding grants to institutions of higher education for research on the relationship between radiation and human health, including any health effects or illness related to exposure to particular radioactive isotopes. (2) Studying the relationship between radiation and human health, including fallout data collection. (3) Coordinating efforts relating to research on radiation and human health. (4) Collecting, maintaining, and making available to the public by means of the Internet an archive of fallout data and human health effects data. (c) Report \nThe National Center for the Study of Radiation and Human Health shall submit to Congress, and make available to the public, an annual report on the activities of the Center. (d) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H8C556216787C4E1FA5AB6EF44C067F70", "header": "Establishment of the Center for the Study of Radiation and Human Health", "nested": [ { "text": "(a) Establishment \nFrom amounts made available to carry out this section, the Director of the National Institutes of Health shall make a grant to a university or a consortium of universities located in the intermountain west region of the United States to establish, maintain, and operate a center described in subsection (b), to be known as the National Center for the Study of Radiation and Human Health.", "id": "H181FF6672E2E46A0B42281D5E50068E7", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Activities \nThe activities of the National Center for the Study of Radiation and Human Health shall include the following: (1) Awarding grants to institutions of higher education for research on the relationship between radiation and human health, including any health effects or illness related to exposure to particular radioactive isotopes. (2) Studying the relationship between radiation and human health, including fallout data collection. (3) Coordinating efforts relating to research on radiation and human health. (4) Collecting, maintaining, and making available to the public by means of the Internet an archive of fallout data and human health effects data.", "id": "H89775820AC5D410D94D93CC934E09390", "header": "Activities", "nested": [], "links": [] }, { "text": "(c) Report \nThe National Center for the Study of Radiation and Human Health shall submit to Congress, and make available to the public, an annual report on the activities of the Center.", "id": "HBDF4FAEF01704C33A18C2F7375CDDD9", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H4DB5A9DAEAA045598367531270B4B9B1", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Study of individuals exposed to nuclear weapons tests \nNot later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Cancer Institute, shall— (1) complete a study to estimate the dose of all radionuclides received by the United States population as a result of exposure to nuclear weapons tests conducted in the United States; (2) disaggregate the results of such study by organ, by radionuclide, and by demographic variables; (3) submit a report to Congress on the results of such study; and (4) make such results publicly available.", "id": "HF277BF5B989643ECAF431E7EAC8896BF", "header": "Study of individuals exposed to nuclear weapons tests", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Natural Resources Committee", "Armed Services Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Mississippi River Protection and Restoration Act of 2004. (b) Table of contents \nSec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Secretary defined definition Sec. 4. Environmental management program Sec. 5. Upper Mississippi River trust fund Sec. 6. System maintenance Sec. 7. Lower Mississippi River resource assessment Sec. 8. Flood mitigation Sec. 9. Hazard mitigation Sec. 10. Gulf hypoxia research, coordination, and monitoring Sec. 11. Wetland restoration demonstration projects", "id": "H846D9A8CC3D645CEB26DBC70ABA48605", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Mississippi River Protection and Restoration Act of 2004.", "id": "H3B172BAC851549159BF03451BD15D31C", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nSec. 1. Short title; table of contents Sec. 2. Findings and purposes Sec. 3. Secretary defined definition Sec. 4. Environmental management program Sec. 5. Upper Mississippi River trust fund Sec. 6. System maintenance Sec. 7. Lower Mississippi River resource assessment Sec. 8. Flood mitigation Sec. 9. Hazard mitigation Sec. 10. Gulf hypoxia research, coordination, and monitoring Sec. 11. Wetland restoration demonstration projects", "id": "H93FE328A7BAB4C238CE9531D06C218DB", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) The Mississippi River is a nationally-significant social, cultural, economic, and environmental resource. (2) Millions of jobs depend upon the economic and environmental health of the Mississippi River. (3) The Mississippi River is slowly losing wildlife habitats that support hundreds of wildlife species. (4) Hundreds of communities are reconnecting to the Mississippi River. (5) Direct discharges and runoff into the Mississippi River are contributing to local and regional water quality problems. (b) Purposes \nThe purposes of this Act are the following: (1) To protect and restore the Mississippi River. (2) To protect and increase the number of jobs which depend upon the health of the Mississippi River. (3) To help communities reconnect to the Mississippi River. (4) To protect and restore habitat. (5) To use science to aid habitat restoration and water quality enhancement efforts.", "id": "H7D5C9059CD5544E98745DA52621BFDB5", "header": "Findings and purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The Mississippi River is a nationally-significant social, cultural, economic, and environmental resource. (2) Millions of jobs depend upon the economic and environmental health of the Mississippi River. (3) The Mississippi River is slowly losing wildlife habitats that support hundreds of wildlife species. (4) Hundreds of communities are reconnecting to the Mississippi River. (5) Direct discharges and runoff into the Mississippi River are contributing to local and regional water quality problems.", "id": "H1CE5C4631FB242D79BF99C540144A9F1", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are the following: (1) To protect and restore the Mississippi River. (2) To protect and increase the number of jobs which depend upon the health of the Mississippi River. (3) To help communities reconnect to the Mississippi River. (4) To protect and restore habitat. (5) To use science to aid habitat restoration and water quality enhancement efforts.", "id": "H1DB999FF5BAC4A99A090CC0082D5D78", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Secretary defined \nIn this Act, the term Secretary means the Secretary of the Army.", "id": "HAB6D1246E6CE46629D44A7004021A464", "header": "Secretary defined", "nested": [], "links": [] }, { "text": "4. Environmental management program \n(a) Maintenance \nSection 1103(d)(3) of such Act is amended by inserting at the end the following: and the maintenance of completed projects on Federal lands.. (b) Ranking system \nSection 1103(e)(1) of such Act is amended— (1) in subparagraph (B) by striking technical and inserting science ; (2) at the end of subparagraph (B) by inserting the following: The advisory committee shall include scientists, hydrologists, and engineers and shall review and provide public comment on project criteria, selection, and sequencing. ; and (3) by adding at the end the following: (C) Project rankings \nThe Secretary shall, in consultation with the Independent Technical Advisory Committee and the National Academy of Sciences, develop a system to rank proposed projects. The ranking system shall give greater weight to projects that restore natural river processes, including dam reforms, levee modification and removal, and training structure modification and removal.. (c) Funding levels \nSection 1103(e) of the Water Resources Development Act of 1986 ( 33 U.S.C. 652(e) ) is amended as follows: (1) In paragraph (3)— (A) by striking $22,750,000 and inserting $80,000,000 ; (B) by inserting at the end the following: For the purposes of carrying out paragraph (1)(A) of this subsection, there is authorized to be appropriated to the Secretary $35,000,000 per fiscal year, to purchase floodplain land from willing sellers. ; and (C) by striking thereafter and inserting until the Trust Fund created in section 5 of the Mississippi River Protection Act of 2004 reaches $2,500,000,000. (2) In paragraph (4), by striking $10,420,000 and inserting $20,000,000. (3) By striking paragraph (7)(A) and inserting the following: (7)(A) The costs of each project carried out pursuant to paragraph (1)(A), including the costs of land acquisition, shall be a Federal responsibility. A non-Federal sponsor shall share 35 percent of the cost of projects constructed on private land.. (d) Recreational Projects \nSection 1103(f)(2) of such Act is amended— (1) by striking $500,000 and inserting $10,000,000 ; (2) by adding at the end the following: The Secretary may share the cost of riverfront projects, including trails, parks, interpretive sites, and greenways. ; and (3) by striking thereafter and inserting until the trust fund created in section 5 of the Mississippi River Protection and Restoration Act of 2004 reaches $2,500,000,000. (e) Reservation \nSection 1103 of such Act is amended by adding at the end the following: (k) Funding \nOne-half of the funds annually appropriated to operate and maintain the Upper Mississippi River and Illinois Waterway under section 102 of the Water Resources Development Act of 1986 shall be reserved to carry out subsections (e), (f), and (h) of section 1103 of such Act..", "id": "HD5EFCEDA1809460F908395EC766CCA1D", "header": "Environmental management program", "nested": [ { "text": "(a) Maintenance \nSection 1103(d)(3) of such Act is amended by inserting at the end the following: and the maintenance of completed projects on Federal lands..", "id": "HF79B3479C14C49C0986312D9F58E6258", "header": "Maintenance", "nested": [], "links": [] }, { "text": "(b) Ranking system \nSection 1103(e)(1) of such Act is amended— (1) in subparagraph (B) by striking technical and inserting science ; (2) at the end of subparagraph (B) by inserting the following: The advisory committee shall include scientists, hydrologists, and engineers and shall review and provide public comment on project criteria, selection, and sequencing. ; and (3) by adding at the end the following: (C) Project rankings \nThe Secretary shall, in consultation with the Independent Technical Advisory Committee and the National Academy of Sciences, develop a system to rank proposed projects. The ranking system shall give greater weight to projects that restore natural river processes, including dam reforms, levee modification and removal, and training structure modification and removal..", "id": "H6301114195624B32BB677C3E233D4F65", "header": "Ranking system", "nested": [], "links": [] }, { "text": "(c) Funding levels \nSection 1103(e) of the Water Resources Development Act of 1986 ( 33 U.S.C. 652(e) ) is amended as follows: (1) In paragraph (3)— (A) by striking $22,750,000 and inserting $80,000,000 ; (B) by inserting at the end the following: For the purposes of carrying out paragraph (1)(A) of this subsection, there is authorized to be appropriated to the Secretary $35,000,000 per fiscal year, to purchase floodplain land from willing sellers. ; and (C) by striking thereafter and inserting until the Trust Fund created in section 5 of the Mississippi River Protection Act of 2004 reaches $2,500,000,000. (2) In paragraph (4), by striking $10,420,000 and inserting $20,000,000. (3) By striking paragraph (7)(A) and inserting the following: (7)(A) The costs of each project carried out pursuant to paragraph (1)(A), including the costs of land acquisition, shall be a Federal responsibility. A non-Federal sponsor shall share 35 percent of the cost of projects constructed on private land..", "id": "H6683DABAA72A46A9B41B064496636234", "header": "Funding levels", "nested": [], "links": [ { "text": "33 U.S.C. 652(e)", "legal-doc": "usc", "parsable-cite": "usc/33/652" } ] }, { "text": "(d) Recreational Projects \nSection 1103(f)(2) of such Act is amended— (1) by striking $500,000 and inserting $10,000,000 ; (2) by adding at the end the following: The Secretary may share the cost of riverfront projects, including trails, parks, interpretive sites, and greenways. ; and (3) by striking thereafter and inserting until the trust fund created in section 5 of the Mississippi River Protection and Restoration Act of 2004 reaches $2,500,000,000.", "id": "H677A1DF53CF74DFD005936F4B469AED0", "header": "Recreational Projects", "nested": [], "links": [] }, { "text": "(e) Reservation \nSection 1103 of such Act is amended by adding at the end the following: (k) Funding \nOne-half of the funds annually appropriated to operate and maintain the Upper Mississippi River and Illinois Waterway under section 102 of the Water Resources Development Act of 1986 shall be reserved to carry out subsections (e), (f), and (h) of section 1103 of such Act..", "id": "HF432952BDB094DB3ADD5E1F06CE90000", "header": "Reservation", "nested": [], "links": [] } ], "links": [ { "text": "33 U.S.C. 652(e)", "legal-doc": "usc", "parsable-cite": "usc/33/652" } ] }, { "text": "5. Upper Mississippi River trust fund \n(a) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Upper Mississippi River Trust Fund (referred to in this section as the Fund ). (b) Federal funding \nUntil the aggregate amount deposited in the Fund under this subsection is equal to at least $2,500,000,000, the Secretary of the Treasury shall transfer $100,000,000 from the general treasury to the Fund for fiscal year 2005 and each fiscal year thereafter. (c) Non-Federal funding \nNon-federal funding may also be contributed to the Fund established in subsection (a). (d) Creation of a non-profit corporation \n(1) In general \nThere is established a charitable and non-profit corporation to administer the funds provided by this section, and to encourage, accept, and administer private gifts for the purpose of protecting and restoring the natural resources of the Upper Mississippi River and its floodplain. (2) Members of board of trustees \nThe Board of Trustees shall be made up of 11 members appointed by the President and shall include: (A) One representative from each of the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. (B) Six representatives of non profit organizations dedicated to the protection and restoration of the environment or other persons who have demonstrated commitment to the environmental health and expertise related to the Upper Mississippi River. (C) The chairman shall be elected by the trustees from its members for a 1-year term. (D) A majority of the current membership of the Trustees shall constitute a quorum for the transaction of business. (E) One ex-officio representative of the U.S. Fish and Wildlife Service. (F) One ex-officio representative of the U.S. Army Corps of Engineers. (G) One ex-officio representative of the U.S. Environmental Protection Agency. (H) One ex-officio representative of the Natural Resources Conservation Service of the U.S. Department of Agriculture. (3) Term \nA member of the Board of Trustees shall serve a 5 year, nonrenewable term. (4) General Powers \nThe Board of Trustees shall meet semi-annually to— (A) allocate the funds annually provided by subparagraph (f); (B) solicit, accept, and use any gift or real or personal property or any income or interest therefrom; (C) acquire by purchase or exchange any real or personal property or interest therein; (D) enter into contracts as may be necessary to carry out its functions; and (E) appoint officers and employees, adopt bylaws, and undertake other such acts as may be necessary to carry out the provisions of this section. (e) Investments \n(1) In general \nThe Secretary of the Treasury shall invest the amounts deposited under subsections (b) and (c) only in interest bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (2) Interest rate \nThe Secretary of the Treasury shall invest the amounts in the fund in obligation that carry the highest rate of interest among available obligations of the required maturity. (f) Payments \nAll amounts annually credited as interest under subsection (e) shall be available, without fiscal year limitation, to the trust established under subsection (d) after the Fund has been fully capitalized. (g) Use of funds \nThe trust established in subsection (d) may use funds transferred under subsection (f) for the following: (1) Aquatic habitat restoration. (2) Floodplain habitat restoration, including the acquisition of land in fee title from willing sellers. (3) Not less than 5 percent of the funds generated under subsection (f) shall be used to revitalize riverfronts. (4) Such sums as are necessary to administer the Fund, including professional staff and the reimbursement of the expenses of Trustees. (h) Science Advisory Board \nThe Science Advisory Board established by section 509(a) of the Water Resources Development Act of 1999 shall annually review and comment on the projects proposed by the Board of Trustees. (i) Consistency \nNothing in this section shall confer any new regulatory authority on any Federal or non-Federal entity, and the funds used pursuant to subsection (g) shall be subject to all applicable laws and regulations.", "id": "HE980A44AC1A04568B97C4D00F351CAEF", "header": "Upper Mississippi River trust fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Treasury of the United States a fund to be known as the Upper Mississippi River Trust Fund (referred to in this section as the Fund ).", "id": "H7A972066DAB44C7300FAB4D2A773882D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Federal funding \nUntil the aggregate amount deposited in the Fund under this subsection is equal to at least $2,500,000,000, the Secretary of the Treasury shall transfer $100,000,000 from the general treasury to the Fund for fiscal year 2005 and each fiscal year thereafter.", "id": "H16F4A638911D448FA229A2F539AF066E", "header": "Federal funding", "nested": [], "links": [] }, { "text": "(c) Non-Federal funding \nNon-federal funding may also be contributed to the Fund established in subsection (a).", "id": "H1AF181E9310E43D3A4ADB93DE289A9A4", "header": "Non-Federal funding", "nested": [], "links": [] }, { "text": "(d) Creation of a non-profit corporation \n(1) In general \nThere is established a charitable and non-profit corporation to administer the funds provided by this section, and to encourage, accept, and administer private gifts for the purpose of protecting and restoring the natural resources of the Upper Mississippi River and its floodplain. (2) Members of board of trustees \nThe Board of Trustees shall be made up of 11 members appointed by the President and shall include: (A) One representative from each of the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. (B) Six representatives of non profit organizations dedicated to the protection and restoration of the environment or other persons who have demonstrated commitment to the environmental health and expertise related to the Upper Mississippi River. (C) The chairman shall be elected by the trustees from its members for a 1-year term. (D) A majority of the current membership of the Trustees shall constitute a quorum for the transaction of business. (E) One ex-officio representative of the U.S. Fish and Wildlife Service. (F) One ex-officio representative of the U.S. Army Corps of Engineers. (G) One ex-officio representative of the U.S. Environmental Protection Agency. (H) One ex-officio representative of the Natural Resources Conservation Service of the U.S. Department of Agriculture. (3) Term \nA member of the Board of Trustees shall serve a 5 year, nonrenewable term. (4) General Powers \nThe Board of Trustees shall meet semi-annually to— (A) allocate the funds annually provided by subparagraph (f); (B) solicit, accept, and use any gift or real or personal property or any income or interest therefrom; (C) acquire by purchase or exchange any real or personal property or interest therein; (D) enter into contracts as may be necessary to carry out its functions; and (E) appoint officers and employees, adopt bylaws, and undertake other such acts as may be necessary to carry out the provisions of this section.", "id": "H85539C8353074587877576331C130058", "header": "Creation of a non-profit corporation", "nested": [], "links": [] }, { "text": "(e) Investments \n(1) In general \nThe Secretary of the Treasury shall invest the amounts deposited under subsections (b) and (c) only in interest bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest. (2) Interest rate \nThe Secretary of the Treasury shall invest the amounts in the fund in obligation that carry the highest rate of interest among available obligations of the required maturity.", "id": "H5025A3D033F9453FB3F6BBD97D66B400", "header": "Investments", "nested": [], "links": [] }, { "text": "(f) Payments \nAll amounts annually credited as interest under subsection (e) shall be available, without fiscal year limitation, to the trust established under subsection (d) after the Fund has been fully capitalized.", "id": "H9DACFAE33D58418C940035A91952B6B7", "header": "Payments", "nested": [], "links": [] }, { "text": "(g) Use of funds \nThe trust established in subsection (d) may use funds transferred under subsection (f) for the following: (1) Aquatic habitat restoration. (2) Floodplain habitat restoration, including the acquisition of land in fee title from willing sellers. (3) Not less than 5 percent of the funds generated under subsection (f) shall be used to revitalize riverfronts. (4) Such sums as are necessary to administer the Fund, including professional staff and the reimbursement of the expenses of Trustees.", "id": "H310C418D3DFE4A0E8C5665A35300AA7B", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(h) Science Advisory Board \nThe Science Advisory Board established by section 509(a) of the Water Resources Development Act of 1999 shall annually review and comment on the projects proposed by the Board of Trustees.", "id": "H6A38A89406864598B72B4369C8B67428", "header": "Science Advisory Board", "nested": [], "links": [] }, { "text": "(i) Consistency \nNothing in this section shall confer any new regulatory authority on any Federal or non-Federal entity, and the funds used pursuant to subsection (g) shall be subject to all applicable laws and regulations.", "id": "H73E4DA02BEAC40E794DBF4941100AC14", "header": "Consistency", "nested": [], "links": [] } ], "links": [] }, { "text": "6. System maintenance \n(a) In general \nThe Secretary shall use the funds provided by section 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) to conduct maintenance activities consistent with the needs of the environment, including the following: (1) Water level management. (2) Gate adjustments. (3) Wingdam/dike field modifications. (4) Spillway modifications. (5) Abandoned barge removal. (6) Mooring buoys. (7) Forestry management. (8) Systemic fleeting plan. (9) Fish passage. (10) Other measures that the Secretary determines will reduce the impacts of waterway management and barge movements on aquatic and floodplain habitat. (b) Water level management \nSection 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) is amended by inserting the following: The Secretary shall provide 100 percent of the cost of dredging required to manage water levels to improve the environment.. (c) Dredged material placement \nSection 204 of Public Law 102–580 is amended by inserting the following: The Secretary shall develop and implement at full Federal expense a plan to dispose or reuse dredged material from the Upper Mississippi River to eliminate all harmful impacts on floodplain and aquatic habitat.. (d) Water level management study \nNot later than 6 months after the date of enactment of this Act, the Secretary shall assess the opportunities for water level management that benefits fish and wildlife consistent with commercial navigation.", "id": "HF9CDDD637F864370BCC270C0C1CCF237", "header": "System maintenance", "nested": [ { "text": "(a) In general \nThe Secretary shall use the funds provided by section 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) to conduct maintenance activities consistent with the needs of the environment, including the following: (1) Water level management. (2) Gate adjustments. (3) Wingdam/dike field modifications. (4) Spillway modifications. (5) Abandoned barge removal. (6) Mooring buoys. (7) Forestry management. (8) Systemic fleeting plan. (9) Fish passage. (10) Other measures that the Secretary determines will reduce the impacts of waterway management and barge movements on aquatic and floodplain habitat.", "id": "H05F154A260E4458A936355FF13E8B954", "header": "In general", "nested": [], "links": [ { "text": "Public Law 99–662", "legal-doc": "public-law", "parsable-cite": "pl/99/662" }, { "text": "33 U.S.C. 2212", "legal-doc": "usc", "parsable-cite": "usc/33/2212" } ] }, { "text": "(b) Water level management \nSection 102 of Public Law 99–662 ( 33 U.S.C. 2212 ) is amended by inserting the following: The Secretary shall provide 100 percent of the cost of dredging required to manage water levels to improve the environment..", "id": "H82417DE664BB499687EB155638E05300", "header": "Water level management", "nested": [], "links": [ { "text": "Public Law 99–662", "legal-doc": "public-law", "parsable-cite": "pl/99/662" }, { "text": "33 U.S.C. 2212", "legal-doc": "usc", "parsable-cite": "usc/33/2212" } ] }, { "text": "(c) Dredged material placement \nSection 204 of Public Law 102–580 is amended by inserting the following: The Secretary shall develop and implement at full Federal expense a plan to dispose or reuse dredged material from the Upper Mississippi River to eliminate all harmful impacts on floodplain and aquatic habitat..", "id": "HF791DF993E8E46A1B700F541AE6CED", "header": "Dredged material placement", "nested": [], "links": [ { "text": "Public Law 102–580", "legal-doc": "public-law", "parsable-cite": "pl/102/580" } ] }, { "text": "(d) Water level management study \nNot later than 6 months after the date of enactment of this Act, the Secretary shall assess the opportunities for water level management that benefits fish and wildlife consistent with commercial navigation.", "id": "H9B6EF59CEF66421EBEE1A005769B1800", "header": "Water level management study", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 99–662", "legal-doc": "public-law", "parsable-cite": "pl/99/662" }, { "text": "33 U.S.C. 2212", "legal-doc": "usc", "parsable-cite": "usc/33/2212" }, { "text": "Public Law 99–662", "legal-doc": "public-law", "parsable-cite": "pl/99/662" }, { "text": "33 U.S.C. 2212", "legal-doc": "usc", "parsable-cite": "usc/33/2212" }, { "text": "Public Law 102–580", "legal-doc": "public-law", "parsable-cite": "pl/102/580" } ] }, { "text": "7. Lower Mississippi River resource assessment \nSection 402 of the Water Resources Development Act of 2000 (114 Stat. 2633) is amended— (1) by striking subsection (b) and (c) and inserting the following: (b) Assessments \nNot later than June 30, 2004, the Secretary shall submit the assessments described in subsection (a) to the appropriate committees of Congress, including planning, construction, and enhancement measures needed to meet habitat needs. (c) Demonstration projects \nTo assist in the assessment, the Secretary may implement the following demonstration projects at Federal expense prior to the completion of the report under subsection (b). (2) by striking subsection (e) and inserting the following: (e) Authorization of appropriations \nThere is authorized to be appropriated— (1) $2,000,000 for the assessment described in subsection (b); and (2) $15,000,000 for the demonstration projects described in subsection (c)..", "id": "H7C6E7D50ADA7427BBC6E076B208E19D", "header": "Lower Mississippi River resource assessment", "nested": [], "links": [] }, { "text": "8. Flood mitigation \n(a) Section 212(i)(1) of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332(i)(1) ; 113 Stat. 291) is amended to read as follows: (1) In general \nThere is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014..", "id": "H217E9849D2344952AA172400DB4C5772", "header": "Flood mitigation", "nested": [ { "text": "(a) Section 212(i)(1) of the Water Resources Development Act of 1999 ( 33 U.S.C. 2332(i)(1) ; 113 Stat. 291) is amended to read as follows: (1) In general \nThere is authorized to be appropriated $100,000,000 to carry out this section for fiscal years 2005 through 2014..", "id": "H80AE978EE42F4BB8B1FA53EE009C5968", "header": null, "nested": [], "links": [ { "text": "33 U.S.C. 2332(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/2332" } ] } ], "links": [ { "text": "33 U.S.C. 2332(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/2332" } ] }, { "text": "9. Hazard mitigation \n(a) Increased Federal share \nSection 322(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165(e)(1) ) is amended by striking 20 percent and inserting 30 percent.. (b) Limitation on total amount of Federal contributions \nSection 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(a) ) is amended by striking 15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) and inserting 25 percent of the estimated aggregate amount of grants to be made.", "id": "HDE695C896F0D4FDEB4B61204E581BA19", "header": "Hazard mitigation", "nested": [ { "text": "(a) Increased Federal share \nSection 322(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165(e)(1) ) is amended by striking 20 percent and inserting 30 percent..", "id": "HD2F56B6DDC744E1084E9A614132E0800", "header": "Increased Federal share", "nested": [], "links": [ { "text": "42 U.S.C. 5165(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/5165" } ] }, { "text": "(b) Limitation on total amount of Federal contributions \nSection 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(a) ) is amended by striking 15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) and inserting 25 percent of the estimated aggregate amount of grants to be made.", "id": "H14506DA48F33426CBA37D39F542FA137", "header": "Limitation on total amount of Federal contributions", "nested": [], "links": [ { "text": "42 U.S.C. 5170c(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5170c" } ] } ], "links": [ { "text": "42 U.S.C. 5165(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/5165" }, { "text": "42 U.S.C. 5170c(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5170c" } ] }, { "text": "10. Gulf hypoxia research, coordination, and monitoring \n(a) Establishment \nTo implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River basin. (b) Monitoring coordination \nThe Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other programs authorized to monitor sediment and nutrient loadings into the Mississippi River. (c) Research coordination \nThe Secretary, in collaboration with the Secretary of Commerce, shall administer and coordinate research efforts. (d) Sub-basin nutrient monitoring and modeling \nPursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Arkansas River basin. (5) Lower Mississippi River basin. (e) Sub-basin collaboration \nThe Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas River basin. (6) Lower Mississippi River basin. (f) Authorization of appropriations \nThere are authorized to be appropriated $250,000,000 for each of fiscal years 2003 through 2012 to carry out this section.", "id": "H4B3BF3E065EE4CC69C3F29AE3D0239D6", "header": "Gulf hypoxia research, coordination, and monitoring", "nested": [ { "text": "(a) Establishment \nTo implement the recommendations of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, the Secretary shall establish at the Waterways Experiment Station in Vicksburg, Mississippi, a program to coordinate monitoring and research in the Mississippi River basin.", "id": "H2F780CDF61E94756868EB33326354028", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Monitoring coordination \nThe Secretary shall administer and coordinate programs to identify the sources of nutrients in the Gulf of Mexico, including the programs authorized by sections 16 and 17 of this title and the program authorized by section 304 of the Water Resources Development Act of 2000 and other programs authorized to monitor sediment and nutrient loadings into the Mississippi River.", "id": "H6F8F51AED25D4E2786573CCA60DC9303", "header": "Monitoring coordination", "nested": [], "links": [] }, { "text": "(c) Research coordination \nThe Secretary, in collaboration with the Secretary of Commerce, shall administer and coordinate research efforts.", "id": "H145CCD7F617149D6B9797C016C713DBC", "header": "Research coordination", "nested": [], "links": [] }, { "text": "(d) Sub-basin nutrient monitoring and modeling \nPursuant to section 403 of the Water Resources Development Act of 2000, the Secretary shall develop sediment and nutrient studies for the following sub-basins of the Mississippi River basin: (1) Missouri River basin. (2) Ohio River basin. (3) Tennessee River basin. (4) Arkansas River basin. (5) Lower Mississippi River basin.", "id": "HA693D4FCC0C14C43AC9D8D4DCBC55A4", "header": "Sub-basin nutrient monitoring and modeling", "nested": [], "links": [] }, { "text": "(e) Sub-basin collaboration \nThe Secretary shall establish and coordinate sub-basin commissions in each of the following sub-basins to develop and implement long-term nutrient reduction strategies: (1) Missouri River basin. (2) Upper Mississippi River basin. (3) Ohio River basin. (4) Tennessee River basin. (5) Arkansas River basin. (6) Lower Mississippi River basin.", "id": "H04B0D99286AB4BB4B0E4CF1F95655E5D", "header": "Sub-basin collaboration", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated $250,000,000 for each of fiscal years 2003 through 2012 to carry out this section.", "id": "H056172F7A05047699C7C152BB0670070", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Wetland restoration demonstration projects \n(a) Establishment \nThe Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce nutrient loadings to the Gulf of Mexico and to sequester carbon. (b) Report \nThe Secretary shall annually report on the success of demonstration projects undertaken pursuant to this section. (c) Authorization of appropriations \nThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2012 to carry out this section.", "id": "H1BA8734A0E694B7BB525D961D95B7FE5", "header": "Wetland restoration demonstration projects", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a consortium of universities from States throughout the Mississippi River Basin to demonstrate the full range of wetland values and functions, including floodplain wetlands in the Lower Mississippi River floodplain, to reduce nutrient loadings to the Gulf of Mexico and to sequester carbon.", "id": "H3368247C81A3410D007635995C937889", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Report \nThe Secretary shall annually report on the success of demonstration projects undertaken pursuant to this section.", "id": "H7446B2D72813452BB03CA1563B4EF05F", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2012 to carry out this section.", "id": "H49333B6405B643E9B800DB49E0EF7B8D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act.", "id": "H2B20487399F3416D89A114D83D52C688", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) Congress approved the Pick-Sloan Missouri River basin program by passing the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. )— (A) to promote the economic development of the United States; (B) to provide for irrigation in regions north of Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the Angostura Unit— (A) is a component of the Pick-Sloan program; and (B) provides for— (i) irrigation of 12,218 acres of productive farm land in South Dakota; and (ii) substantial recreation and fish and wildlife benefits; (3) the Commissioner of Reclamation has determined that— (A) the national economic development benefits from irrigation at the Angostura Unit total approximately $3,410,000 annually; and (B) the national economic development benefits of recreation at Angostura Reservoir total approximately $7,100,000 annually; (4) the Angostura Unit impounds the Cheyenne River 20 miles upstream of the Pine Ridge Indian Reservation in South Dakota; (5) (A) the Reservation experiences extremely high rates of unemployment and poverty; and (B) there is a need for economic development on the Reservation; (6) the national economic development benefits of the Angostura Unit do not extend to the Reservation; (7) the Angostura Unit may be associated with negative affects on water quality and riparian vegetation in the Cheyenne River on the Reservation; (8) modernization of the irrigation facilities at the Angostura Unit would— (A) enhance the national economic development benefits of the Angostura Unit; and (B) result in improved water efficiency and environmental restoration benefits on the Reservation; and (9) the establishment of a trust fund for the Oglala Sioux Tribe would— (A) produce economic development benefits for the Reservation comparable to the benefits produced at the Angostura Unit; and (B) provide resources that are necessary for restoration of the Cheyenne River corridor on the Reservation.", "id": "H9422BDD3CD52483FA82E1E102FEEFB82", "header": "Findings", "nested": [], "links": [ { "text": "33 U.S.C. 701–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/701-1" } ] }, { "text": "3. Definitions \nIn this Act: (1) Angostura Unit \nThe term Angostura Unit means the irrigation unit of the Angostura irrigation project developed under the Act of August 11, 1939 ( 16 U.S.C. 590y et seq. ). (2) Fund \nThe term Fund means the Oglala Sioux Tribal Development Trust Fund established by section 201(a). (3) Pick-Sloan program \nThe term Pick-Sloan program means the Pick-Sloan Missouri River basin program approved under the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. ). (4) Plan \nThe term plan means the development plan developed by the Tribe under section 201(f). (5) Reservation \nThe term Reservation means the Pine Ridge Indian Reservation in the State. (6) Secretary \nThe term Secretary means the Secretary of the Interior. (7) Tribe \nThe term Tribe means the Oglala Sioux Tribe of South Dakota. (8) Tribal Council \nThe term Tribal Council means the governing body of the Tribe.", "id": "H774844131E644EDDA777FAC35F6C3CC", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 590y et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/590y" }, { "text": "33 U.S.C. 701–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/701-1" } ] }, { "text": "101. Modernization of facilities at Angostura Unit \n(a) In general \nThe Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report entitled Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002). (b) Nonreimbursability \nThe cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis.", "id": "H2F8A47ACC4194494ADE62B1FEAB451EA", "header": "Modernization of facilities at Angostura Unit", "nested": [ { "text": "(a) In general \nThe Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report entitled Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002).", "id": "H0C39C32FB2E14986B9BD5838AB4DF4D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Nonreimbursability \nThe cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis.", "id": "H230A44E650B84D3BB16CCE07001858BF", "header": "Nonreimbursability", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Delivery of water to Pine Ridge Indian Reservation \nThe Secretary shall provide for the delivery of the water saved through the modernization and improvement of the facilities of the Angostura Unit to be used for fish and wildlife purposes and environmental restoration on the Reservation.", "id": "H196D3D0D428246C4859D6C9D13F91D57", "header": "Delivery of water to Pine Ridge Indian Reservation", "nested": [], "links": [] }, { "text": "103. Authorization of appropriations \nThere is authorized to be appropriated to carry out section 101 $4,660,000, to remain available until expended.", "id": "HB164EBE7D40F422F85EA1FA1BC2E23C4", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "201. Oglala Sioux Tribal Development Trust Fund \n(a) Oglala Sioux Tribal Development Trust Fund \nThere is established in the Treasury of the United States a fund to be known as the Oglala Sioux Tribal Development Trust Fund , consisting of any amounts deposited in the Fund under this title. (b) Funding \nOn the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund— (1) $92,500,000; and (2) the amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if that amount had been invested in interest-bearing obligations of the United States on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of trust Fund \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Eligible obligations \nNotwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (3) Interest \nThe Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of interest to Tribe \n(1) Withdrawal of interest \nBeginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with paragraph (3). (2) Availability \nEach amount transferred under paragraph (1) shall be available without fiscal year limitation. (3) Payments to Tribe \n(A) In general \nThe Secretary shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (B) Limitation \nPayments may be made by the Secretary of the Interior under subparagraph (A) only after the Tribe has adopted a plan under subsection (f). (C) Use of payments by Tribe \nThe Tribe shall use the payments made under subparagraph (B) only for carrying out projects and programs under the plan prepared under subsection (f). (e) Limitation on transfers and withdrawals \nExcept as provided in subsections (c) and (d)(1), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under subsection (b). (f) Development plan \n(1) In general \nNot later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under subsection (d). (2) Contents \nThe plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (3) Plan review and revision \n(A) In general \nThe Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (B) Updating of plan \n(i) In general \nThe Tribal Council may, on an annual basis, revise the plan to update the plan. (ii) Review and comment \nIn revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. (C) Consultation \nIn preparing the plan and any revisions to update the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (4) Audit \n(A) In general \nThe activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A–133. (B) Determination by auditors \nThe auditors that conduct the audit under subparagraph (A) shall— (i) determine whether funds received by the Tribe under this section for the period covered by the audit were expended to carry out the plan in a manner consistent with this section; and (ii) include in the written findings of the audit the determination made under clause (i). (C) Inclusion of findings with publication of proceedings of Tribal Council \nA copy of the written findings of the audit described in subparagraph (A) shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council. (g) Prohibition of per capita payments \nNo portion of any payment made under this title may be distributed to any member of the Tribe on a per capita basis.", "id": "H3878EC8905234BEB9C8F3100C0B8F1BB", "header": "Oglala Sioux Tribal Development Trust Fund", "nested": [ { "text": "(a) Oglala Sioux Tribal Development Trust Fund \nThere is established in the Treasury of the United States a fund to be known as the Oglala Sioux Tribal Development Trust Fund , consisting of any amounts deposited in the Fund under this title.", "id": "H69CE26F8E1E74DA59B5099E6D0E757A5", "header": "Oglala Sioux Tribal Development Trust Fund", "nested": [], "links": [] }, { "text": "(b) Funding \nOn the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund— (1) $92,500,000; and (2) the amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if that amount had been invested in interest-bearing obligations of the United States on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter.", "id": "HE96B3D84CD7D4B9A9F7B2965D3253C99", "header": "Funding", "nested": [], "links": [] }, { "text": "(c) Investment of trust Fund \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Eligible obligations \nNotwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (3) Interest \nThe Secretary of the Treasury shall deposit interest resulting from such investments into the Fund.", "id": "H034B392C56FF4D63B62C20F9E8E2AEA3", "header": "Investment of trust Fund", "nested": [], "links": [] }, { "text": "(d) Payment of interest to Tribe \n(1) Withdrawal of interest \nBeginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with paragraph (3). (2) Availability \nEach amount transferred under paragraph (1) shall be available without fiscal year limitation. (3) Payments to Tribe \n(A) In general \nThe Secretary shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (B) Limitation \nPayments may be made by the Secretary of the Interior under subparagraph (A) only after the Tribe has adopted a plan under subsection (f). (C) Use of payments by Tribe \nThe Tribe shall use the payments made under subparagraph (B) only for carrying out projects and programs under the plan prepared under subsection (f).", "id": "H47136EE4DC1646DABE73124B4B6D002B", "header": "Payment of interest to Tribe", "nested": [], "links": [] }, { "text": "(e) Limitation on transfers and withdrawals \nExcept as provided in subsections (c) and (d)(1), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under subsection (b).", "id": "H9C93E7F3E6484E61B03B3114A5984DF5", "header": "Limitation on transfers and withdrawals", "nested": [], "links": [] }, { "text": "(f) Development plan \n(1) In general \nNot later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under subsection (d). (2) Contents \nThe plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (3) Plan review and revision \n(A) In general \nThe Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (B) Updating of plan \n(i) In general \nThe Tribal Council may, on an annual basis, revise the plan to update the plan. (ii) Review and comment \nIn revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. (C) Consultation \nIn preparing the plan and any revisions to update the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (4) Audit \n(A) In general \nThe activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A–133. (B) Determination by auditors \nThe auditors that conduct the audit under subparagraph (A) shall— (i) determine whether funds received by the Tribe under this section for the period covered by the audit were expended to carry out the plan in a manner consistent with this section; and (ii) include in the written findings of the audit the determination made under clause (i). (C) Inclusion of findings with publication of proceedings of Tribal Council \nA copy of the written findings of the audit described in subparagraph (A) shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council.", "id": "HC1734BEC278C401ABC339B6B721203FD", "header": "Development plan", "nested": [], "links": [] }, { "text": "(g) Prohibition of per capita payments \nNo portion of any payment made under this title may be distributed to any member of the Tribe on a per capita basis.", "id": "H47539E3E528A4617AA412E40D9C4C877", "header": "Prohibition of per capita payments", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Eligibility of Tribe for certain programs and services \nNo payment made to the Tribe under this title shall result in the reduction or denial of any service or program with respect to which, under Federal law— (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe.", "id": "HE885A93A89DE434498E1E9104602BCD", "header": "Eligibility of Tribe for certain programs and services", "nested": [], "links": [] }, { "text": "203. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to pay the administrative expenses of the Fund.", "id": "H84B01355920E47359D3DF035627C1592", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "204. Water rights \nNothing in this Act— (1) (A) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located within or without the external boundaries of the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine (Winters v. United States, 207 U.S. 564 (1908)), or otherwise; or (B) validates or invalidates any assertion of the existence, nonexistence or extinguishment of any water rights, or claims to water rights, held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (2) affects any other water rights in existence on the date of enactment of this Act held by any person or entity.", "id": "HB7E68016FE624094ADD4BB7F31C175A7", "header": "Water rights", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Demonstration project on priorities in scheduling of Appointments of veterans for health care through the Department of Veterans Affairs \n(a) Project required \nThe Secretary of Veterans Affairs shall carry out a demonstration project to assess the feasibility and advisability of providing for priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs in accordance with the following: (1) The Department of Veterans Affairs Waiting Time for Appointments goals (30–30–20) of 2000. (2) The provisions of the Veterans Health Administration directive entitled Priority For Outpatient Medical Services and Inpatient Hospital Care (VHA Directive 2002–059). (3) The provisions of the Veterans Health Administration directive entitled Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans (VHA Directive 2003–062), dated October 23, 2003. (b) Period of project \nThe Secretary shall carry out the demonstration project under subsection (a) during the two-year period beginning on October 1, 2004. (c) Locations of project \n(1) The Secretary shall carry out the demonstration project under subsection (a) throughout each of three Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of the project. (2) In selecting Veterans Integrated Service Networks under paragraph (1), the Secretary shall ensure that the demonstration project is carried out in an urban area, a rural area, and a highly rural area. (d) Project requirements and authorities \n(1) Except as provided in paragraphs (2) and (3), in carrying out the demonstration project under subsection (a) the Secretary shall schedule appointments for veterans for outpatient medical services and inpatient hospital care through the Department in accordance with the goals and directives referred to in subsection (a). (2) The veterans covered by the demonstration project shall include any veteran residing in a Veterans Integrated Service Network covered by the project, whether a new or current enrollee with the Department, and including veterans with service-connected disabilities and veterans with non-service-connected disabilities. (3) The Secretary shall schedule each appointment under the demonstration project in a Department facility unless, as determined by the Secretary— (A) the cost of scheduling the appointment in a Department facility exceeds the cost of scheduling the appointment in a non-Department facility to an unreasonable degree; or (B) the scheduling of the appointment in a non-Department facility is required for medical or other reasons. (4) In carrying out the demonstration project, the Secretary may utilize the Preferred Pricing Program (PPP) of the Department, or similar programs or authorities, in the locations covered by the project. (5) In this subsection, the terms Department facility and non-Department facility have the meaning given those terms in section 1701 of title 38, United States Code.", "id": "HEB45CE003644436292359CF09E446069", "header": "Demonstration project on priorities in scheduling of Appointments of veterans for health care through the Department of Veterans Affairs", "nested": [ { "text": "(a) Project required \nThe Secretary of Veterans Affairs shall carry out a demonstration project to assess the feasibility and advisability of providing for priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs in accordance with the following: (1) The Department of Veterans Affairs Waiting Time for Appointments goals (30–30–20) of 2000. (2) The provisions of the Veterans Health Administration directive entitled Priority For Outpatient Medical Services and Inpatient Hospital Care (VHA Directive 2002–059). (3) The provisions of the Veterans Health Administration directive entitled Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans (VHA Directive 2003–062), dated October 23, 2003.", "id": "HEDA297C0320749570076D2102B512CC1", "header": "Project required", "nested": [], "links": [] }, { "text": "(b) Period of project \nThe Secretary shall carry out the demonstration project under subsection (a) during the two-year period beginning on October 1, 2004.", "id": "H8D4D139B0CF94ED5BF679CE839D6E132", "header": "Period of project", "nested": [], "links": [] }, { "text": "(c) Locations of project \n(1) The Secretary shall carry out the demonstration project under subsection (a) throughout each of three Veterans Integrated Service Networks (VISNs) selected by the Secretary for purposes of the project. (2) In selecting Veterans Integrated Service Networks under paragraph (1), the Secretary shall ensure that the demonstration project is carried out in an urban area, a rural area, and a highly rural area.", "id": "HAE00C233FAC245669B4944E8A14B2F00", "header": "Locations of project", "nested": [], "links": [] }, { "text": "(d) Project requirements and authorities \n(1) Except as provided in paragraphs (2) and (3), in carrying out the demonstration project under subsection (a) the Secretary shall schedule appointments for veterans for outpatient medical services and inpatient hospital care through the Department in accordance with the goals and directives referred to in subsection (a). (2) The veterans covered by the demonstration project shall include any veteran residing in a Veterans Integrated Service Network covered by the project, whether a new or current enrollee with the Department, and including veterans with service-connected disabilities and veterans with non-service-connected disabilities. (3) The Secretary shall schedule each appointment under the demonstration project in a Department facility unless, as determined by the Secretary— (A) the cost of scheduling the appointment in a Department facility exceeds the cost of scheduling the appointment in a non-Department facility to an unreasonable degree; or (B) the scheduling of the appointment in a non-Department facility is required for medical or other reasons. (4) In carrying out the demonstration project, the Secretary may utilize the Preferred Pricing Program (PPP) of the Department, or similar programs or authorities, in the locations covered by the project. (5) In this subsection, the terms Department facility and non-Department facility have the meaning given those terms in section 1701 of title 38, United States Code.", "id": "H71BD30C883B24D4D8B1D50DD329DE249", "header": "Project requirements and authorities", "nested": [], "links": [ { "text": "section 1701", "legal-doc": "usc", "parsable-cite": "usc/38/1701" } ] } ], "links": [ { "text": "section 1701", "legal-doc": "usc", "parsable-cite": "usc/38/1701" } ] }, { "text": "2. Annual report on waiting times for appointments for care and services \n(a) In General \nNot later than January 31 each year, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the waiting times of veterans for appointments for health care and services from the Department during the preceding year. (b) Matters to be included \nEach report under subsection (a) shall specify, for the year covered by the report, the following: (1) A tabulation of the waiting time of veterans for appointments with the Department for each category of primary or specialty care or services furnished by the Department, displayed by particular Department facility and by Veterans Integrated Service Network. (2) An identification of the categories of specialty care or services for which there are lengthy delays for appointments at particular Department facilities or throughout particular Veterans Integrated Service Networks, and, for each category so identified, recommendations for the reallocation of personnel, financial, and other resources to address such delays. (c) Report on demonstration project \nThe report under subsection (a) for 2006 (to be submitted not later than January 31, 2007) shall include information on the demonstration project carried out under section 1. That information shall include— (1) a description of the conduct of the project, including the Veterans Integrated Service Networks selected for the project, the number of veterans covered by the project, the number and timeliness of appointments scheduled under the project, and the costs of carrying out the project; (2) an assessment of the feasibility and advisability of implementing the project nationwide; and (3) such other information with respect to the project as the Secretary considers appropriate.", "id": "H41D367D4A7C246639D308F62A332C474", "header": "Annual report on waiting times for appointments for care and services", "nested": [ { "text": "(a) In General \nNot later than January 31 each year, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the waiting times of veterans for appointments for health care and services from the Department during the preceding year.", "id": "H810B6E221E8643628512A5313B15E79", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Matters to be included \nEach report under subsection (a) shall specify, for the year covered by the report, the following: (1) A tabulation of the waiting time of veterans for appointments with the Department for each category of primary or specialty care or services furnished by the Department, displayed by particular Department facility and by Veterans Integrated Service Network. (2) An identification of the categories of specialty care or services for which there are lengthy delays for appointments at particular Department facilities or throughout particular Veterans Integrated Service Networks, and, for each category so identified, recommendations for the reallocation of personnel, financial, and other resources to address such delays.", "id": "H4ECA6EB4F2C747B4A3411892DC5B7E67", "header": "Matters to be included", "nested": [], "links": [] }, { "text": "(c) Report on demonstration project \nThe report under subsection (a) for 2006 (to be submitted not later than January 31, 2007) shall include information on the demonstration project carried out under section 1. That information shall include— (1) a description of the conduct of the project, including the Veterans Integrated Service Networks selected for the project, the number of veterans covered by the project, the number and timeliness of appointments scheduled under the project, and the costs of carrying out the project; (2) an assessment of the feasibility and advisability of implementing the project nationwide; and (3) such other information with respect to the project as the Secretary considers appropriate.", "id": "HBF85E3ED9BA34192B3F8990092529C04", "header": "Report on demonstration project", "nested": [], "links": [] } ], "links": [] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Transfer of functions \n(a) Identification of certain countries \nSection 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) is amended— (1) in subsection (a)— (A) by striking United States Trade Representative and inserting Secretary of Commerce ; and (B) by striking Trade Representative each subsequent place it appears and inserting Secretary ; and (2) in subsections (b) through (g), by striking Trade Representative each place it appears and inserting Secretary. (b) Enforcement of United States rights under trade agreements and response to certain foreign trade practices \nChapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) is amended as follows: (1) Section 301(a)(1) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (2) Section 303(b)(1)(A) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (3) Section 301(d)(8) is amended to read as follows: (8) The term Secretary means the Secretary of Commerce.. (4) Sections 301 through 310 are amended by striking Trade Representative each place it appears and inserting Secretary.", "id": "H3920EB798E784396B069D2811FC2991C", "header": "Transfer of functions", "nested": [ { "text": "(a) Identification of certain countries \nSection 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) is amended— (1) in subsection (a)— (A) by striking United States Trade Representative and inserting Secretary of Commerce ; and (B) by striking Trade Representative each subsequent place it appears and inserting Secretary ; and (2) in subsections (b) through (g), by striking Trade Representative each place it appears and inserting Secretary.", "id": "H8A2B49F74D1448BE0062B08F8DD87229", "header": "Identification of certain countries", "nested": [], "links": [ { "text": "19 U.S.C. 2242", "legal-doc": "usc", "parsable-cite": "usc/19/2242" } ] }, { "text": "(b) Enforcement of United States rights under trade agreements and response to certain foreign trade practices \nChapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) is amended as follows: (1) Section 301(a)(1) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (2) Section 303(b)(1)(A) is amended by striking United States Trade Representative and inserting Secretary of Commerce. (3) Section 301(d)(8) is amended to read as follows: (8) The term Secretary means the Secretary of Commerce.. (4) Sections 301 through 310 are amended by striking Trade Representative each place it appears and inserting Secretary.", "id": "H545786C14BC9441D8C15C50066EE18B7", "header": "Enforcement of United States rights under trade agreements and response to certain foreign trade practices", "nested": [], "links": [ { "text": "19 U.S.C. 2411 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2411" } ] } ], "links": [ { "text": "19 U.S.C. 2242", "legal-doc": "usc", "parsable-cite": "usc/19/2242" }, { "text": "19 U.S.C. 2411 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2411" } ] }, { "text": "2. Applicability \n(a) In general \nSubject to subsection (b), the amendments made by section 1 shall take effect 90 days after the date of the enactment of this Act. (b) Pending petitions, investigations, and determinations \nThe amendments made by section 1 shall not affect any petition filed before, or investigation pending on, the effective date set forth in subsection (a), under chapter 1 of title III of the Trade Act of 1974. Such petitions and investigations shall proceed as if section 1 had not been enacted. The amendments made by section 1 shall not affect any determination made or action taken under chapter 1 of title III of the Trade Act of 1974 before the effective date set forth in subsection (a).", "id": "HE327EB5FD99F4A5882DB87D70086EA96", "header": "Applicability", "nested": [ { "text": "(a) In general \nSubject to subsection (b), the amendments made by section 1 shall take effect 90 days after the date of the enactment of this Act.", "id": "H87253FD0FF5B425B9C0591EBE98AE3E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Pending petitions, investigations, and determinations \nThe amendments made by section 1 shall not affect any petition filed before, or investigation pending on, the effective date set forth in subsection (a), under chapter 1 of title III of the Trade Act of 1974. Such petitions and investigations shall proceed as if section 1 had not been enacted. The amendments made by section 1 shall not affect any determination made or action taken under chapter 1 of title III of the Trade Act of 1974 before the effective date set forth in subsection (a).", "id": "H136E99E4B44F4DE69E46B4F678C3147D", "header": "Pending petitions, investigations, and determinations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Uruguay Round Agreements Act \n(a) Transfer of certain functions \nThose functions of the United States Trade Representative under the following provisions of the Uruguay Round Agreements Act are transferred to the Secretary of Commerce, effective 90 days after the date of the enactment of this Act: (1) Section 123. (2) Paragraphs (5), (6), and (7) of section 124. (3) Section 127. (4) Subsections (e) and (f) of section 281. (b) Conforming amendments \n(1) Amendments \nSection 129 of the Uruguay Round Agreements Act ( 19 U.S.C. 3538 ) is amended— (A) by striking Trade Representative each place it appears and inserting Secretary of Commerce ; (B) in subsection (a)(6), by striking direct the administering authority to ; (C) in subsection (b)— (i) in paragraph (1), by striking the administering authority and ; (ii) in paragraph (2), by striking shall, and all that follows through issue a determination and inserting may issue a determination ; (iii) in paragraph (3), by striking the administering authority and ; and (iv) in paragraph (4)— (I) by striking the administering authority and ; and (II) by striking direct the administering authority to ; and (D) in subsection (c)(1)— (i) in subparagraph (A), by striking the date on which and all that follows through determination, and inserting the date on which the Secretary of Commerce revokes an order pursuant to that determination, ; and (ii) in subparagraph (B), by striking the date on which and all that follows through the end of the sentence and inserting the date on which the Secretary of Commerce implements that determination. (2) Effective date \nThe amendments made by paragraph (1) shall take effect 90 days after the date of the enactment of this Act.", "id": "H93BCD558E2254105A92732A6FDD94E8D", "header": "Uruguay Round Agreements Act", "nested": [ { "text": "(a) Transfer of certain functions \nThose functions of the United States Trade Representative under the following provisions of the Uruguay Round Agreements Act are transferred to the Secretary of Commerce, effective 90 days after the date of the enactment of this Act: (1) Section 123. (2) Paragraphs (5), (6), and (7) of section 124. (3) Section 127. (4) Subsections (e) and (f) of section 281.", "id": "HF782DABE11A44070BD4025EB0D68624", "header": "Transfer of certain functions", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \n(1) Amendments \nSection 129 of the Uruguay Round Agreements Act ( 19 U.S.C. 3538 ) is amended— (A) by striking Trade Representative each place it appears and inserting Secretary of Commerce ; (B) in subsection (a)(6), by striking direct the administering authority to ; (C) in subsection (b)— (i) in paragraph (1), by striking the administering authority and ; (ii) in paragraph (2), by striking shall, and all that follows through issue a determination and inserting may issue a determination ; (iii) in paragraph (3), by striking the administering authority and ; and (iv) in paragraph (4)— (I) by striking the administering authority and ; and (II) by striking direct the administering authority to ; and (D) in subsection (c)(1)— (i) in subparagraph (A), by striking the date on which and all that follows through determination, and inserting the date on which the Secretary of Commerce revokes an order pursuant to that determination, ; and (ii) in subparagraph (B), by striking the date on which and all that follows through the end of the sentence and inserting the date on which the Secretary of Commerce implements that determination. (2) Effective date \nThe amendments made by paragraph (1) shall take effect 90 days after the date of the enactment of this Act.", "id": "HED76C4BE2EF74C55B6F10121C944A54B", "header": "Conforming amendments", "nested": [], "links": [ { "text": "19 U.S.C. 3538", "legal-doc": "usc", "parsable-cite": "usc/19/3538" } ] } ], "links": [ { "text": "19 U.S.C. 3538", "legal-doc": "usc", "parsable-cite": "usc/19/3538" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Findings \nCongress finds that— (1) in section 1103(a)(2) of the Water Resources Development Act of 1986 (100 Stat. 4225), Congress recognized the Upper Mississippi River System as a nationally significant ecosystem and a nationally significant commercial navigation system and declared that the system shall be administered and regulated in recognition of its several purposes ; (2) inaction on construction of new locks will lead to economic decline, and inaction on implementation of an enhanced ecosystem restoration program will lead to further environmental decline; (3) the Upper Mississippi River and Illinois Waterway carry approximately 60 percent of the corn exports of the United States and 45 percent of the soybean exports of the United States, providing a significant positive balance of trade benefit for the Nation; (4) the movement of more than 100,000,000 tons of product supports 400,000 full- and part-time jobs in the United States, generating over $4,000,000,000 in income and $12,000,000,000 to $15,000,000,000 in economic activity; (5) Midwestern utilities use coal, the second largest category of cargo shipped on the Upper Mississippi River System, to produce cost-efficient energy; (6) keeping the cost of transportation lower through competition between transportation modes is the United States farmer’s competitive advantage in capturing future global growth in agricultural exports; (7) United States farm and trade policies work to open world markets and promote United States exports, and water resource policy has provided a low-cost transportation alternative to other modes; (8) the Department of Agriculture projects that corn exports will grow 44 percent over the next decade, with a 1/3 increase in growth exported through the Gulf of Mexico; (9) United States exports of soybeans and soybean products topped 1,000,000,000 bushels for the third straight year in 2003, with roughly 75 percent exported through the Port of New Orleans via the Mississippi waterways and its tributaries; (10) those transportation savings— (A) provide higher income to farmers and rural communities; and (B) generate Federal and State taxes to support community activities, quality of life, and national benefits; (11) the construction of new 1,200-foot locks and lock extensions will provide more than 48,000,000 man-hours of employment over 10 to 15 years; (12) foreign competitors have worked over the last 10 years to improve foreign transportation infrastructure to compete more effectively with United States production; (13) the inland waterway transportation system moves 16 percent of the freight in the United States for 2 percent of the cost, including more than 100,000,000 tons on the Upper Mississippi River System; (14) the Department of Transportation projects that freight congestion on the roads and rails in the United States will double in the next 25 years and that water transportation will need to play an increasing role in moving freight; (15) the movement of 100,000,000 tons on the river system in 4,400 15-barge tows out of harms way would require an equivalent of 4,000,000 trucks or 1,000,000 rail cars moving directly through our communities; (16) econometric models are useful analytic tools to provide valuable information, but are unable to account for every market trend, development, and public policy impact; (17) the current capacity of the Upper Mississippi River System is— (A) declining by 10 percent annually because of unplanned closures of a 70-year old infrastructure; and (B) reducing the potential for sustained growth; (18) the current 600-foot lock system was designed for steamboats, at a time when 4,000,000 tons moved on the Mississippi River and a total of 2,000,000,000 bushels of corn were produced nationally, compared to today, when 100,000,000 to 120,000,000 tons are shipped and the national production of corn exceeds 10,000,000,000 bushels; (19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22, 24, and 25 on the Upper Mississippi River and LaGrange and Peoria on the Illinois Waterway are operating at 80 percent utilization and are unable to provide for or process effectively the volatile growth of traditional export grain markets; (20) based on the current construction schedule of new locks and dams on the inland system, lock modernization will need to take place over 30 years, starting immediately, as an imperative to avoid lost export grain sales and diminished national competitiveness; (21) the Corps of Engineers has been studying the needs for national investments on the Upper Mississippi River System for the last 15 years and has based initial recommendations on the best available information and science; (22) the Upper Mississippi and Illinois Rivers ecosystem consists of hundreds of thousands of acres of bottomland forests, islands, backwaters, side channels, and wetlands; (23) the river ecosystem is home to 270 species of birds, 57 species of mammals, 45 species of amphibians and reptiles, 113 species of fish, and nearly 50 species of mussels; (24) more than 40 percent of migratory waterfowl and shorebirds in North America depend on the river for food, shelter, and habitat during migration; (25) the annual operation of the Upper Mississippi River Basin needs to take into consideration opportunities for ecosystem restoration; (26) development since the 1930s has altered and reduced the biological diversity of the large flood plain river systems of the Upper Mississippi and Illinois Rivers; (27) Congress recognizes the need for significant Federal investment in the restoration of the Upper Mississippi and Illinois River ecosystems; (28) the Upper Mississippi River System provides important economic benefits from recreational and tourist uses, resulting in the basin’s receiving more visitors annually than most National Parks, with the ecosystems and wildlife being the main attractions; (29) the Upper Mississippi River System— (A) includes 284,688 acres of National Wildlife Refuge land that is managed as habitat for migratory birds, fish, threatened and endangered species, and a diverse assortment of other species and related habitats; and (B) provides many recreational opportunities; and (30) the Upper Mississippi River System also includes over 975,000 acres of land protected by levees and needs a balanced ecosystem restoration program that adequately considers the existing network of flood control infrastructure that protects thousands of homes and businesses.", "id": "H20FD56540D4640A70057F9973540301B", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Enhanced navigation capacity improvements and ecosystem restoration Plan for the Upper Mississippi River and Illinois Waterway System \n(a) Definitions \nIn this section, the following definitions apply: (1) Plan \nThe term Plan means the preferred integrated plan contained in the document entitled Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR–IWW System Navigation Feasibility System and dated April 29, 2004. (2) Secretary \nThe term Secretary means the Secretary of the Army. (3) Upper Mississippi River and Illinois Waterway System \nThe term Upper Mississippi River and Illinois Waterway System means the projects for navigation and ecosystem restoration authorized by Congress for— (A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and (B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O’Brien Lock in Chicago, Illinois, River Mile 327.0. (b) Authorization of construction of navigation improvements \n(1) Small scale and nonstructural measures \nAt a cost of $24,000,000 in funds from the general fund of the Treasury, to be matched in an equal amount from the Inland Waterways Trust Fund (which is paid by private users), the Secretary shall— (A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock; (B) provide switchboats at Locks 20 through 25 over 5 years for project operation; and (C) conduct development and testing of an appointment scheduling system. (2) New Locks \nAt a cost of $730,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterways Trust Fund (which is paid by the private users), the Secretary shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway. (3) Mitigation \nAt a cost of $100,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterway Trust Fund (which is paid by private users), the Secretary shall conduct mitigation for new locks and small scale and nonstructural measures authorized under paragraphs (1) and (2). (c) Ecosystem restoration authorization \n(1) Operation \nTo ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid any adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. (2) Ecosystem restoration projects \n(A) In general \nThe Secretary shall carry out, consistent with requirements to avoid any adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan. (B) Projects included \nEcosystem restoration projects may include— (i) island building; (ii) construction of fish passages; (iii) floodplain restoration; (iv) water level management (including water drawdown); (v) backwater restoration; (vi) side channel restoration; (vii) wing dam and dike restoration and modification; (viii) island and shoreline protection; (ix) topographical diversity; (x) dam point control; (xi) use of dredged material for environmental purposes; (xii) tributary confluence restoration; (xiii) spillway modification to benefit the environment; (xiv) land easement authority; and (xv) land acquisition. (C) Cost sharing \n(i) In general \nExcept as provided in clause (ii), the Federal share of the cost of carrying out an ecosystem restoration project under this paragraph shall be 65 percent. (ii) Exception for certain restoration projects \nIn the case of a project under this paragraph for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project— (I) is located below the ordinary high water mark or in a connected backwater; (II) modifies the operation or structures for navigation; or (III) is located on federally owned land. (iii) Nongovernmental organizations \nNongovernmental organizations shall be eligible to contribute the non-Federal cost-sharing requirements applicable to projects under this paragraph. (D) Land acquisition \nThe Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing owner through conveyance of— (i) fee title to the land; or (ii) a flood plain conservation easement. (3) Specific projects authorization \n(A) In general \nSubject to subparagraph (B), the ecosystem restoration projects described in paragraph (2) shall be carried out at a total construction cost of $1,460,000,000. (B) Limitation on available funds \nOf the amounts made available under subparagraph (A), not more than $35,000,000 for each fiscal year shall be available for land acquisition under paragraph (2)(D). (4) Implementation reports \n(A) In general \nNot later than June 30, 2005, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that— (i) includes baselines, benchmarks, goals, and priorities for ecosystem restoration projects; and (ii) measures the progress in meeting the goals. (B) Advisory panel \n(i) In general \nThe Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under subparagraph (A). (ii) Panelists \nPanelists shall include— (I) 1 representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; (II) 1 representative of the Department of Agriculture; (III) 1 representative of the Department of Transportation; (IV) 1 representative of the United States Geological Survey; (V) 1 representative of the United States Fish and Wildlife Service; (VI) 1 representative of the Environmental Protection Agency; (VII) 1 representative of affected landowners; (VIII) 2 representatives of conservation and environmental advocacy groups; and (IX) 2 representatives of agriculture and industry advocacy groups. (iii) Co-chairpersons \nThe Secretary and the Secretary of the Interior shall serve as co-chairpersons of the advisory panel. (d) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out subsection (c) for fiscal years 2006 through 2020. (2) Special rules \nAfter fiscal year 2020— (A) funds that have been made available under this subsection, but have not been expended, may be expended; and (B) funds that have been authorized to be appropriated by this subsection, but have not been made available, may be made available.", "id": "H5ECAF1B5815C48A7B6C958D7F1227168", "header": "Enhanced navigation capacity improvements and ecosystem restoration Plan for the Upper Mississippi River and Illinois Waterway System", "nested": [ { "text": "(a) Definitions \nIn this section, the following definitions apply: (1) Plan \nThe term Plan means the preferred integrated plan contained in the document entitled Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR–IWW System Navigation Feasibility System and dated April 29, 2004. (2) Secretary \nThe term Secretary means the Secretary of the Army. (3) Upper Mississippi River and Illinois Waterway System \nThe term Upper Mississippi River and Illinois Waterway System means the projects for navigation and ecosystem restoration authorized by Congress for— (A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and (B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O’Brien Lock in Chicago, Illinois, River Mile 327.0.", "id": "H09482C72B0E5405889A21EB22D3B1DFA", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Authorization of construction of navigation improvements \n(1) Small scale and nonstructural measures \nAt a cost of $24,000,000 in funds from the general fund of the Treasury, to be matched in an equal amount from the Inland Waterways Trust Fund (which is paid by private users), the Secretary shall— (A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock; (B) provide switchboats at Locks 20 through 25 over 5 years for project operation; and (C) conduct development and testing of an appointment scheduling system. (2) New Locks \nAt a cost of $730,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterways Trust Fund (which is paid by the private users), the Secretary shall construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway. (3) Mitigation \nAt a cost of $100,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterway Trust Fund (which is paid by private users), the Secretary shall conduct mitigation for new locks and small scale and nonstructural measures authorized under paragraphs (1) and (2).", "id": "HCDC56997CA224C9CB7306C7D926047BF", "header": "Authorization of construction of navigation improvements", "nested": [], "links": [] }, { "text": "(c) Ecosystem restoration authorization \n(1) Operation \nTo ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid any adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. (2) Ecosystem restoration projects \n(A) In general \nThe Secretary shall carry out, consistent with requirements to avoid any adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan. (B) Projects included \nEcosystem restoration projects may include— (i) island building; (ii) construction of fish passages; (iii) floodplain restoration; (iv) water level management (including water drawdown); (v) backwater restoration; (vi) side channel restoration; (vii) wing dam and dike restoration and modification; (viii) island and shoreline protection; (ix) topographical diversity; (x) dam point control; (xi) use of dredged material for environmental purposes; (xii) tributary confluence restoration; (xiii) spillway modification to benefit the environment; (xiv) land easement authority; and (xv) land acquisition. (C) Cost sharing \n(i) In general \nExcept as provided in clause (ii), the Federal share of the cost of carrying out an ecosystem restoration project under this paragraph shall be 65 percent. (ii) Exception for certain restoration projects \nIn the case of a project under this paragraph for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project— (I) is located below the ordinary high water mark or in a connected backwater; (II) modifies the operation or structures for navigation; or (III) is located on federally owned land. (iii) Nongovernmental organizations \nNongovernmental organizations shall be eligible to contribute the non-Federal cost-sharing requirements applicable to projects under this paragraph. (D) Land acquisition \nThe Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing owner through conveyance of— (i) fee title to the land; or (ii) a flood plain conservation easement. (3) Specific projects authorization \n(A) In general \nSubject to subparagraph (B), the ecosystem restoration projects described in paragraph (2) shall be carried out at a total construction cost of $1,460,000,000. (B) Limitation on available funds \nOf the amounts made available under subparagraph (A), not more than $35,000,000 for each fiscal year shall be available for land acquisition under paragraph (2)(D). (4) Implementation reports \n(A) In general \nNot later than June 30, 2005, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that— (i) includes baselines, benchmarks, goals, and priorities for ecosystem restoration projects; and (ii) measures the progress in meeting the goals. (B) Advisory panel \n(i) In general \nThe Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under subparagraph (A). (ii) Panelists \nPanelists shall include— (I) 1 representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; (II) 1 representative of the Department of Agriculture; (III) 1 representative of the Department of Transportation; (IV) 1 representative of the United States Geological Survey; (V) 1 representative of the United States Fish and Wildlife Service; (VI) 1 representative of the Environmental Protection Agency; (VII) 1 representative of affected landowners; (VIII) 2 representatives of conservation and environmental advocacy groups; and (IX) 2 representatives of agriculture and industry advocacy groups. (iii) Co-chairpersons \nThe Secretary and the Secretary of the Interior shall serve as co-chairpersons of the advisory panel.", "id": "HFEB1897EFBFF47A000968BB124A8BBE", "header": "Ecosystem restoration authorization", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out subsection (c) for fiscal years 2006 through 2020. (2) Special rules \nAfter fiscal year 2020— (A) funds that have been made available under this subsection, but have not been expended, may be expended; and (B) funds that have been authorized to be appropriated by this subsection, but have not been made available, may be made available.", "id": "H99DD164E54504079B311F184FBBD103", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H77410623A1794DF1BA1999B51FAC07F0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Oversight of entities engaging in activities relating to human cell, tissue, or cellular or Tissue-Based products \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ) is amended— (1) by striking the section heading and all that follows through (a) The and inserting the following: 361. Control of communicable diseases \n(a) Prevention of communicable diseases \n(1) In general \nThe ; (2) in subsection (b), by striking (b) Regulations prescribed under this section and inserting the following: (2) Limitation on purpose \nRegulations prescribed under this subsection ; (3) in subsection (c), by striking (c) Except as provided in subsection (d), regulations prescribed under this section and inserting the following: (3) Limitation on individuals \nExcept as provided in paragraph (4), regulations prescribed under this subsection ; (4) in subsection (d)— (A) by striking the third sentence and all that follows through the end and inserting the following: (B) Definitions \nIn this paragraph: (i) Qualifying stage \nThe term qualifying stage , with respect to a communicable disease, means that such disease— (I) is in a communicable stage; or (II) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals. (ii) State \nThe term State includes, in addition to the several States, only the District of Columbia. ; (B) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by striking (d)(1) Regulations prescribed under this section and inserting the following: (4) Circumstances of quarantine \n(A) In general \nRegulations prescribed under this subsection ; (5) in subsection (e)— (A) by striking (e) Nothing in this section and inserting the following: (5) Construction \nNothing in this subsection ; (B) by striking such sections and inserting this subsection or section 363 ; and (C) by striking under this section and inserting under this subsection ; and (6) by adding at the end the following: (b) Oversight of entities engaging in activities relating to human cell, tissue, or cellular or Tissue-Based products \n(1) Definitions \nIn this subsection: (A) Commissioner \nThe term Commissioner means the Commissioner of Food and Drugs. (B) Covered entity \nThe term covered entity means any entity or person (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )) that engages in the recovery, screening or testing (including donor eligibility screening or testing), processing, storage, labeling, packaging, or distribution of a human cell, tissue, or cellular or tissue-based product in a manner that affects interstate commerce. (C) Human cell, tissue, or cellular or Tissue-Based product \nThe term human cell, tissue, or cellular or tissue-based product means 1 of the articles defined as human cells, tissues, or cellular or tissue-based products in section 1271.3(d)(2) of title 21, Code of Federal Regulations. (2) Oversight of entities \n(A) In general \nNo covered entity shall engage in an activity described in paragraph (1)(B) unless the entity is in compliance with this paragraph and the regulations promulgated under paragraph (3). (B) Registration and listing \nEach covered entity shall submit to the Commissioner a request for registration and listing and shall submit, for such registration and listing, such information relating to the identity and operations of the covered entity as the Commissioner may require. (C) Inspection \nThe Commissioner may conduct such inspections of covered entities as the Commissioner determines are appropriate to evaluate and ensure compliance with— (i) this paragraph; and (ii) regulations promulgated under paragraph (3). (D) Adverse reactions \n(i) In general \nIf an adverse reaction (as defined by the Commissioner) relating to a human cell, tissue, or cellular or tissue-based product occurs at the facility of a covered entity and the covered entity receives notification of the adverse reaction, the covered entity shall report the adverse reaction to the Commissioner not later than 15 calendar days after the date on which the covered entity receives the notification. (ii) Reporting mechanism; database \nAs soon as practicable, the Commissioner, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop— (I) a single, simple reporting mechanism for use in reporting adverse reactions under clause (i); and (II) a database for information received in relation to any adverse reaction reported under clause (i). (3) Regulations \n(A) In general \nNot later than 90 days after the date of enactment of the Human Tissue Transplant Safety Act of 2003, the Commissioner shall promulgate regulations to carry out this subsection, including— (i) regulations specifying a description of the information required to be submitted for the registration and listing of a covered entity under paragraph (2)(B); (ii) regulations specifying a definition of the term adverse reaction for purposes of paragraph (2)(D); (iii) regulations specifying procedures for donor eligibility screening and testing, good tissue practices, and procedures for inspection, enforcement, and any other reasonable means to ensure that a human cell, tissue, or cellular or tissue-based product is free from communicable disease and maintains function and integrity during recovery, screening, testing, processing, storage, labeling, packaging, and distribution to a patient; and (iv) such other regulations relating to the operation of covered entities as the Commissioner determines are necessary. (B) Enforcement \nIf the Commissioner determines that a covered entity has violated paragraph (2) or a regulation promulgated under subparagraph (A), the Commissioner (including a designee of the Commissioner) may after providing notice and an opportunity for a hearing— (i) issue an order requiring— (I) any person that distributed the human cell, tissue, or cellular or tissue-based product involved in the violation to recall or destroy the cell, tissue, or product, as appropriate; and (II) any covered entity in possession of the cell, tissue, or product to retain it until— (aa) the cell, tissue or product is recalled by the manufacturer or is destroyed or disposed of as specified by the Commissioner; or (bb) the safety of the cell, tissue, or product is confirmed by the Commissioner; (ii) condemn, and seize or destroy, the cell, tissue, or product; (iii) issue an order requiring the covered entity to cease the activity that resulted in the violation so that the covered entity is in compliance with the regulation; or (iv) suspend or revoke the registration and listing under this subsection of the covered entity that violated the regulation. (4) Applicability \nNothing in this subsection shall be construed to affect the regulation of human cell, tissue, or cellular or tissue-based products as biological products under section 351 or drugs or devices under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (5) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection such sums as may be necessary..", "id": "H516BF843A4354713A8C3B91644DE0293", "header": "Oversight of entities engaging in activities relating to human cell, tissue, or cellular or Tissue-Based products", "nested": [], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" }, { "text": "21 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/21/321" }, { "text": "section 1271.3(d)(2)", "legal-doc": "cfr", "parsable-cite": "cfr/21/1271.3" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "361. Control of communicable diseases \n(a) Prevention of communicable diseases \n(1) In general \nThe", "id": "H48A1B346D34D48EE9ECBD239F57D55AA", "header": "Control of communicable diseases", "nested": [ { "text": "(a) Prevention of communicable diseases \n(1) In general \nThe", "id": "H3E47BFDC75ED46BF9B33545E75267342", "header": "Prevention of communicable diseases", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Conforming amendments \n(a) Federal food, drug, and Cosmetic Act \nSection 801(d)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(d)(4) ) is amended by striking section 361 and inserting section 361(a). (b) Public Health Service Act \n(1) Section 2(f) of the Public Health Service Act ( 42 U.S.C. 201(f) ) is amended by striking 361(d), and inserting 361(a)(4),. (2) Section 363 of the Public Health Service Act ( 42 U.S.C. 266 ) is amended by striking subsection (b) of section 361 and inserting section 361(a)(2). (3) Section 368 of the Public Health Service Act ( 42 U.S.C. 271 ) is amended by striking 361 and inserting 361(a). (c) Title 49 , United States Code \nSection 24301(m)(2) of title 49, United States Code is amended by striking Section 361 and inserting Section 361(a).", "id": "H96DAEEBA2E5246D6B57868486E306FF1", "header": "Conforming amendments", "nested": [ { "text": "(a) Federal food, drug, and Cosmetic Act \nSection 801(d)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(d)(4) ) is amended by striking section 361 and inserting section 361(a).", "id": "HEA70A837BFAA45F38516E99D80AEA9CB", "header": "Federal food, drug, and Cosmetic Act", "nested": [], "links": [ { "text": "21 U.S.C. 381(d)(4)", "legal-doc": "usc", "parsable-cite": "usc/21/381" } ] }, { "text": "(b) Public Health Service Act \n(1) Section 2(f) of the Public Health Service Act ( 42 U.S.C. 201(f) ) is amended by striking 361(d), and inserting 361(a)(4),. (2) Section 363 of the Public Health Service Act ( 42 U.S.C. 266 ) is amended by striking subsection (b) of section 361 and inserting section 361(a)(2). (3) Section 368 of the Public Health Service Act ( 42 U.S.C. 271 ) is amended by striking 361 and inserting 361(a).", "id": "H1B908E21BC5D447BA2BB50C640AFFE3E", "header": "Public Health Service Act", "nested": [], "links": [ { "text": "42 U.S.C. 201(f)", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "42 U.S.C. 266", "legal-doc": "usc", "parsable-cite": "usc/42/266" }, { "text": "42 U.S.C. 271", "legal-doc": "usc", "parsable-cite": "usc/42/271" } ] }, { "text": "(c) Title 49 , United States Code \nSection 24301(m)(2) of title 49, United States Code is amended by striking Section 361 and inserting Section 361(a).", "id": "H9E9634D8C2184933B09D128F6D261726", "header": "Title 49, United States Code", "nested": [], "links": [ { "text": "Section 24301(m)(2)", "legal-doc": "usc", "parsable-cite": "usc/49/24301" } ] } ], "links": [ { "text": "21 U.S.C. 381(d)(4)", "legal-doc": "usc", "parsable-cite": "usc/21/381" }, { "text": "42 U.S.C. 201(f)", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "42 U.S.C. 266", "legal-doc": "usc", "parsable-cite": "usc/42/266" }, { "text": "42 U.S.C. 271", "legal-doc": "usc", "parsable-cite": "usc/42/271" }, { "text": "Section 24301(m)(2)", "legal-doc": "usc", "parsable-cite": "usc/49/24301" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004.", "id": "H021E2134EDDB427D9539EC70632E782D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse served their country with distinction and honor. (2) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse have had a lasting impact on this Nation’s relationship with Native Americans. (3) Senator Mark O. Hatfield and Congresswoman Elizabeth Furse have been champions of the rights of Native Americans and Alaska Natives and worked in the Congress to strengthen tribal self-governance. (4) It is a fitting tribute to the leadership, courage, and bipartisan spirit that Senator Mark O. Hatfield and Congresswoman Elizabeth Furse exemplified to establish in their names programs to encourage excellence in tribal government.", "id": "HB88097F9989748CF883100F9A45583D", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nFor purposes of this Act: (1) The term Board means the Board of Trustees of the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation established under section 4(b). (2) The term eligible individual means a citizen or national of the United States or a permanent resident alien of the United States. (3) The term Foundation means the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation established under section 4(a). (4) The term Fund means the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Fund established by section 7. (5) The term Institute means the Institute for Tribal Government established at Portland State University in 2000. (6) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) The term Portland State University means Portland State University in Portland, Oregon. (8) The term State means each of the several States, the District of Columbia, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federal States of Micronesia, and the Republic of Palau.", "id": "H52465F5AB08049CAAF549158F765D187", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "4. Establishment of the mark o. hatfield-elizabeth furse scholarship and excellence in tribal governance foundation \n(a) Establishment \nThere is established as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation. (b) Board of trustees \nThe Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be comprised of 12 trustees, 11 of whom shall be voting members of the Board, as follows: (1) Two trustees shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (2) Two trustees shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the President pro tempore of the Senate, in consultation with the majority leader and the minority leader of the Senate. (3) Five trustees, not more than 3 of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, from among individuals who have shown leadership and interest in strengthening tribal self-governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities. (4) The Secretary of the Interior, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (5) The Secretary of Education, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (6) The President of Portland State University, who shall serve as a nonvoting, ex officio member and shall not be eligible to serve as Chairperson. (c) Term of Office \n(1) In general \nEach trustee appointed pursuant to paragraph (1), (2), or (3) of subsection (b) shall be appointed for a term of 6 years, except as provided in paragraphs (2) and (3) of this subsection. (2) Terms of initial appointees \nAs designated by the President at the time of the appointment, of the trustees first appointed— (A) 1 trustee appointed pursuant to subsection (b)(2) and 2 trustees appointed pursuant to subsection (b)(3) shall be appointed for a term of 2 years; (B) 1 trustee appointed pursuant to subsection (b)(1) and 2 trustees appointed pursuant to subsection (b)(3) shall be appointed for a term of 4 years; and (C) 1 trustee appointed pursuant to subsection (b)(1), 1 trustee appointed pursuant to subsection (b)(2), and 1 trustee appointed pursuant to subsection (b)(3) shall be appointed for a term of 6 years. (3) Vacancies \nAny trustee appointed to fill a vacancy occurring before the expiration of the term for which the trustee’s predecessor was appointed shall be appointed only for the remainder of that term and shall be appointed in the same manner as the original appointment for that vacancy was made. (d) Travel and subsistence pay \nTrustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Foundation, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Location of foundation \nThe Foundation shall be located in Portland, Oregon. (f) Executive director \n(1) In general \nThere shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions, consistent with this Act, as the Board shall prescribe. (2) Compensation \nThe Executive Director of the Foundation shall be compensated at the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "HBCC4820645A641999468EEB8F7A616B5", "header": "Establishment of the mark o. hatfield-elizabeth furse scholarship and excellence in tribal governance foundation", "nested": [ { "text": "(a) Establishment \nThere is established as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation.", "id": "HDF1508543BBC452DB2168DA3221F75AF", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Board of trustees \nThe Foundation shall be subject to the supervision and direction of the Board of Trustees. The Board shall be comprised of 12 trustees, 11 of whom shall be voting members of the Board, as follows: (1) Two trustees shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (2) Two trustees shall be appointed by the President, with the advice and consent of the Senate, after considering the recommendation of the President pro tempore of the Senate, in consultation with the majority leader and the minority leader of the Senate. (3) Five trustees, not more than 3 of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, from among individuals who have shown leadership and interest in strengthening tribal self-governance, such as tribal leaders involved in health and public policy development affecting Native American and Alaska Native communities. (4) The Secretary of the Interior, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (5) The Secretary of Education, or the Secretary’s designee, who shall serve as a voting ex officio member of the Board but shall not be eligible to serve as Chairperson. (6) The President of Portland State University, who shall serve as a nonvoting, ex officio member and shall not be eligible to serve as Chairperson.", "id": "HA3FCF616119246478600CFBE094C6DF1", "header": "Board of trustees", "nested": [], "links": [] }, { "text": "(c) Term of Office \n(1) In general \nEach trustee appointed pursuant to paragraph (1), (2), or (3) of subsection (b) shall be appointed for a term of 6 years, except as provided in paragraphs (2) and (3) of this subsection. (2) Terms of initial appointees \nAs designated by the President at the time of the appointment, of the trustees first appointed— (A) 1 trustee appointed pursuant to subsection (b)(2) and 2 trustees appointed pursuant to subsection (b)(3) shall be appointed for a term of 2 years; (B) 1 trustee appointed pursuant to subsection (b)(1) and 2 trustees appointed pursuant to subsection (b)(3) shall be appointed for a term of 4 years; and (C) 1 trustee appointed pursuant to subsection (b)(1), 1 trustee appointed pursuant to subsection (b)(2), and 1 trustee appointed pursuant to subsection (b)(3) shall be appointed for a term of 6 years. (3) Vacancies \nAny trustee appointed to fill a vacancy occurring before the expiration of the term for which the trustee’s predecessor was appointed shall be appointed only for the remainder of that term and shall be appointed in the same manner as the original appointment for that vacancy was made.", "id": "H23D8054366CC4306941CA417ED7BB6B8", "header": "Term of Office", "nested": [], "links": [] }, { "text": "(d) Travel and subsistence pay \nTrustees shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Foundation, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.", "id": "H6F7813D87A0F4BF3A9ED41A481705676", "header": "Travel and subsistence pay", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(e) Location of foundation \nThe Foundation shall be located in Portland, Oregon.", "id": "H04954E5EDBC24D588E63AD5FA5B5C27D", "header": "Location of foundation", "nested": [], "links": [] }, { "text": "(f) Executive director \n(1) In general \nThere shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions, consistent with this Act, as the Board shall prescribe. (2) Compensation \nThe Executive Director of the Foundation shall be compensated at the rate specified for employees in level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "HC778103E075642C5B9F8E7F7DAB3748E", "header": "Executive director", "nested": [], "links": [ { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "5. Purposes of the foundation \nThe purposes of the Foundation are— (1) to develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) to foster among the American population greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) to identify critical issues facing tribal governments in the Nation; (4) to establish a Program for Tribal Governance Research at the Institute; and (5) to provide educational outreach regarding tribal self-government.", "id": "H0EC7C34B3EE84B249D82008F043819A0", "header": "Purposes of the foundation", "nested": [], "links": [] }, { "text": "6. Authority of the foundation \n(a) In general \n(1) Authority \nThe Foundation, in consultation with the Institute— (A) may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes described in section 5; and (B) in accordance with subsections (b), (c), (d), and (e), may award scholarships, fellowships, internships, and grants and fund the Institute to carry out and manage other programs, activities, and services. (2) Priorities \nSubject to section 10(b), the Foundation shall determine the priority of the programs to be carried out under this Act and the amount of funds to be allocated for such programs. (3) Competition \nThe Foundation may provide, directly or by contract, for the conduct of national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (4) Fields of study \nThe Foundation may award scholarships, fellowships, internships, and grants to eligible individuals in accordance with the provisions of this Act for study in fields related to tribal governance. Such scholarships, fellowships, internships, and grants shall be awarded only to eligible individuals who meet the minimum criteria established by the Foundation. (b) Scholarship \n(1) In general \nThe Foundation shall award scholarships to outstanding undergraduate students who intend to pursue careers related to tribal governance and to outstanding Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy. (2) Requirements \nAn eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation finds that the individual— (A) is maintaining satisfactory proficiency; (B) is engaging full time in study or research; and (C) is not engaging in gainful employment other than employment that is— (i) in addition to such full-time study or research; and (ii) approved by the Foundation pursuant to regulations of the Board. (3) Reports \nThe Foundation may require any eligible individual awarded a scholarship under this Act to submit reports at such time, in such form, and containing such information as the Foundation determines to be necessary. Such reports shall— (A) be accompanied by a certificate from an appropriate official at the institution of higher education; (B) be approved by the Foundation; and (C) state that the individual is making satisfactory progress, and is engaging full time, in study or research. (c) Fellowships \nThe Foundation shall award fellowships— (1) to outstanding graduate students who intend to pursue advanced degrees in fields related to tribal governance and to outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, including law and medicine; and (2) to faculty from a variety of disciplines, for the purpose of bringing the expertise of such faculty to the Foundation. (d) Internships \nTo achieve the purposes described in section 5, the Foundation shall award internships— (1) to deserving and qualified individuals to participate in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) to deserving and qualified Native American and Alaska Native individuals to participate in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations. (e) Institute programs \n(1) Grants \nSubject to paragraph (3), the Foundation shall award grants to the Institute— (A) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (B) to conduct tribal governance policy research; (C) to conduct research on Native American and Alaska Native tribal public policy issues; and (D) for visiting policymakers to share their practical experiences with the Foundation. (2) Coordination \nSubject to paragraph (3), the Foundation shall assist in the development and implementation of a Program for Tribal Governance Research to be located at the Institute. (3) Matching funds; facilities \nThe Foundation may not make any grant or provide any assistance under this subsection, unless the Institute agrees— (A) with respect to the costs of such grants and assistance, to make available non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs; and (B) to provide adequate space at the Institute for the Executive Director and other appropriate staff of the Foundation. (f) Elizabeth furse scholars \nRecipients of scholarships, fellowships, internships, and grants under this Act shall be known as Elizabeth Furse Scholars.", "id": "HE3433C9488574AF9834C0004BB489309", "header": "Authority of the foundation", "nested": [ { "text": "(a) In general \n(1) Authority \nThe Foundation, in consultation with the Institute— (A) may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes described in section 5; and (B) in accordance with subsections (b), (c), (d), and (e), may award scholarships, fellowships, internships, and grants and fund the Institute to carry out and manage other programs, activities, and services. (2) Priorities \nSubject to section 10(b), the Foundation shall determine the priority of the programs to be carried out under this Act and the amount of funds to be allocated for such programs. (3) Competition \nThe Foundation may provide, directly or by contract, for the conduct of national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (4) Fields of study \nThe Foundation may award scholarships, fellowships, internships, and grants to eligible individuals in accordance with the provisions of this Act for study in fields related to tribal governance. Such scholarships, fellowships, internships, and grants shall be awarded only to eligible individuals who meet the minimum criteria established by the Foundation.", "id": "HF1943FE307DC47C7A2E824B19CE114A8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scholarship \n(1) In general \nThe Foundation shall award scholarships to outstanding undergraduate students who intend to pursue careers related to tribal governance and to outstanding Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy. (2) Requirements \nAn eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation finds that the individual— (A) is maintaining satisfactory proficiency; (B) is engaging full time in study or research; and (C) is not engaging in gainful employment other than employment that is— (i) in addition to such full-time study or research; and (ii) approved by the Foundation pursuant to regulations of the Board. (3) Reports \nThe Foundation may require any eligible individual awarded a scholarship under this Act to submit reports at such time, in such form, and containing such information as the Foundation determines to be necessary. Such reports shall— (A) be accompanied by a certificate from an appropriate official at the institution of higher education; (B) be approved by the Foundation; and (C) state that the individual is making satisfactory progress, and is engaging full time, in study or research.", "id": "HC1063AFCCC1A466F9242DA6612078324", "header": "Scholarship", "nested": [], "links": [] }, { "text": "(c) Fellowships \nThe Foundation shall award fellowships— (1) to outstanding graduate students who intend to pursue advanced degrees in fields related to tribal governance and to outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, including law and medicine; and (2) to faculty from a variety of disciplines, for the purpose of bringing the expertise of such faculty to the Foundation.", "id": "H9A2923C9672446ACBCE063C6BC264C48", "header": "Fellowships", "nested": [], "links": [] }, { "text": "(d) Internships \nTo achieve the purposes described in section 5, the Foundation shall award internships— (1) to deserving and qualified individuals to participate in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) to deserving and qualified Native American and Alaska Native individuals to participate in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations.", "id": "H46D387CB13F04FC88EC4D528A1940083", "header": "Internships", "nested": [], "links": [] }, { "text": "(e) Institute programs \n(1) Grants \nSubject to paragraph (3), the Foundation shall award grants to the Institute— (A) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (B) to conduct tribal governance policy research; (C) to conduct research on Native American and Alaska Native tribal public policy issues; and (D) for visiting policymakers to share their practical experiences with the Foundation. (2) Coordination \nSubject to paragraph (3), the Foundation shall assist in the development and implementation of a Program for Tribal Governance Research to be located at the Institute. (3) Matching funds; facilities \nThe Foundation may not make any grant or provide any assistance under this subsection, unless the Institute agrees— (A) with respect to the costs of such grants and assistance, to make available non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs; and (B) to provide adequate space at the Institute for the Executive Director and other appropriate staff of the Foundation.", "id": "HE6CE92155A2B4256978DF3EFAC2C703E", "header": "Institute programs", "nested": [], "links": [] }, { "text": "(f) Elizabeth furse scholars \nRecipients of scholarships, fellowships, internships, and grants under this Act shall be known as Elizabeth Furse Scholars.", "id": "H9E91713146C04F0D87F2D9779EF1A6C1", "header": "Elizabeth furse scholars", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Establishment of the mark o. hatfield - elizabeth furse scholarship and excellence in tribal governance trust fund \n(a) Establishment of fund \nThere is established in the Treasury of the United States a trust fund to be known as the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation. The Fund shall consist of amounts appropriated to the Fund pursuant to section 10 and amounts credited to the Fund under subsection (b). (b) Investment of Fund Assets \nThe Secretary of the Treasury, at the direction of the Board, shall invest in full the amounts appropriated to the Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity.", "id": "H5C3787CDDA714A2C81666DD543550812", "header": "Establishment of the mark o. hatfield - elizabeth furse scholarship and excellence in tribal governance trust fund", "nested": [ { "text": "(a) Establishment of fund \nThere is established in the Treasury of the United States a trust fund to be known as the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation. The Fund shall consist of amounts appropriated to the Fund pursuant to section 10 and amounts credited to the Fund under subsection (b).", "id": "HCE11CE065B0C473D887928E5FD7658DA", "header": "Establishment of fund", "nested": [], "links": [] }, { "text": "(b) Investment of Fund Assets \nThe Secretary of the Treasury, at the direction of the Board, shall invest in full the amounts appropriated to the Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund and shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity.", "id": "H91A5FBB13CE346A9971BC95F9746E843", "header": "Investment of Fund Assets", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Expenditures and audit of trust fund \n(a) In general \nThe Foundation shall pay from the interest and earnings of the Fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out this Act. (b) Audit by Government Accountability Office \nThe activities of the Foundation and the Institute under this Act may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all papers, things, or property (including all books, accounts, records, and reports filed) belonging to or in use by the Foundation or the Institute, pertaining to such federally assisted activities and necessary to facilitate the audit.", "id": "HF9DDB31514A049A8BDC4F479217CE5A7", "header": "Expenditures and audit of trust fund", "nested": [ { "text": "(a) In general \nThe Foundation shall pay from the interest and earnings of the Fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out this Act.", "id": "H58CFA13862C840259C76CCEB9F0000C6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Audit by Government Accountability Office \nThe activities of the Foundation and the Institute under this Act may be audited by the Government Accountability Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the Government Accountability Office shall have access to all papers, things, or property (including all books, accounts, records, and reports filed) belonging to or in use by the Foundation or the Institute, pertaining to such federally assisted activities and necessary to facilitate the audit.", "id": "H9D72EE8118FE4ACCA8481126D414C3FF", "header": "Audit by Government Accountability Office", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Administrative provisions \nTo carry out this Act, the Foundation may— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act, except that in no case may employees other than the Executive Director be compensated at a rate to exceed the maximum rate of basic pay for GS–15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure or fund the Institute to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified for level IV of the Executive Schedule under section 5315 of title 5, United States Code; (3) prescribe such regulations as the Foundation considers necessary governing the manner in which its functions shall be carried out; (4) accept, hold, administer, and use gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation; (5) accept and use the services of voluntary and noncompensated personnel and reimburse such personnel for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements or modifications thereof, to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ); and (7) make other expenditures necessary to carry out this Act.", "id": "H6007EE13C5A244FF917892AF3521CB4D", "header": "Administrative provisions", "nested": [], "links": [ { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "section 5703", "legal-doc": "usc", "parsable-cite": "usc/5/5703" }, { "text": "41 U.S.C. 5", "legal-doc": "usc", "parsable-cite": "usc/41/5" } ] }, { "text": "10. Authorization of appropriations \n(a) In general \nTo carry out this Act, there are authorized to be appropriated to the Fund $50,000,000 for fiscal year 2005, and such sums as may be necessary for each subsequent fiscal year. (b) Allocation \nOf the amounts appropriated to carry out this Act, the Secretary shall allocate— (1) not less than 50 percent of such amounts to carry out subsections (b), (c), and (d) of section 6; (2) not more than 15 percent of such amounts for salaries and other administrative purposes; and (3) not less than 20 percent of such amounts to carry out section 6(e).", "id": "H396D540B2DB349B59FE8FFAB6CB9CD66", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nTo carry out this Act, there are authorized to be appropriated to the Fund $50,000,000 for fiscal year 2005, and such sums as may be necessary for each subsequent fiscal year.", "id": "H4E4C95E5C5B349928013E7F6B057A299", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Allocation \nOf the amounts appropriated to carry out this Act, the Secretary shall allocate— (1) not less than 50 percent of such amounts to carry out subsections (b), (c), and (d) of section 6; (2) not more than 15 percent of such amounts for salaries and other administrative purposes; and (3) not less than 20 percent of such amounts to carry out section 6(e).", "id": "H8E64662588B74031B06DC40006DCF32B", "header": "Allocation", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

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

[ "Natural Resources Committee" ]

[ { "text": "1. McInnis Canyons National Conservation Area \n(a) Purpose \nThe Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 ( 16 U.S.C. 460mmm et seq. ) is amended in section 2(b) by striking Colorado Canyons and inserting McInnis Canyons. (b) Definitions \nSection 3 of such Act is amended— (1) in paragraph (1), by striking Colorado and inserting McInnis ; and (2) in paragraph (2), by striking Colorado and inserting McInnis. (c) Colorado Canyons National Conservation Area \nSection 4 of such Act is amended— (1) in the heading, by striking Colorado and inserting McInnis ; and (2) in subsection (a), by striking Colorado Canyons and inserting McInnis Canyons. (d) Advisory Council \nSection 8(a) of such Act is amended by striking Colorado Canyons and inserting McInnis Canyons. (e) Short Title \nSection 1 of such Act is amended by striking Colorado and inserting McInnis. (f) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Colorado Canyons National Conservation Area shall be deemed to be a reference to the McInnis Canyons National Conservation Area. (g) Effective Date \nThis section and the amendments made by this section take effect on January 1, 2005.", "id": "H16FC44CB58AE4C2381D905C28E533082", "header": "McInnis Canyons National Conservation Area", "nested": [ { "text": "(a) Purpose \nThe Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 ( 16 U.S.C. 460mmm et seq. ) is amended in section 2(b) by striking Colorado Canyons and inserting McInnis Canyons.", "id": "H91188178405D499E8B19E97613CA2582", "header": "Purpose", "nested": [], "links": [ { "text": "16 U.S.C. 460mmm et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/460mmm" } ] }, { "text": "(b) Definitions \nSection 3 of such Act is amended— (1) in paragraph (1), by striking Colorado and inserting McInnis ; and (2) in paragraph (2), by striking Colorado and inserting McInnis.", "id": "H2C898FB0D7CA41298D2436AA367B3773", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Colorado Canyons National Conservation Area \nSection 4 of such Act is amended— (1) in the heading, by striking Colorado and inserting McInnis ; and (2) in subsection (a), by striking Colorado Canyons and inserting McInnis Canyons.", "id": "H81C51E8DC939430EB27E15E59F9E5C3E", "header": "Colorado Canyons National Conservation Area", "nested": [], "links": [] }, { "text": "(d) Advisory Council \nSection 8(a) of such Act is amended by striking Colorado Canyons and inserting McInnis Canyons.", "id": "HF19058EC1EFE4FBF8CD8DA5B05019720", "header": "Advisory Council", "nested": [], "links": [] }, { "text": "(e) Short Title \nSection 1 of such Act is amended by striking Colorado and inserting McInnis.", "id": "HA91EAE7ACEC24337BC84B8E83ED7F8DF", "header": "Short Title", "nested": [], "links": [] }, { "text": "(f) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Colorado Canyons National Conservation Area shall be deemed to be a reference to the McInnis Canyons National Conservation Area.", "id": "HE44CA3C4F6834A2490E74C03960692B4", "header": "References", "nested": [], "links": [] }, { "text": "(g) Effective Date \nThis section and the amendments made by this section take effect on January 1, 2005.", "id": "H410BEA6A0B3D4785B1434C75D001B66C", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 460mmm et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/460mmm" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H32D97BB011BA4C789F85AFA12FA2258", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of hours of service requirement \nSection 101(2)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2)(A) ) is amended to read as follows: (A) In general \nThe term eligible employee means an employee who has been employed, either as a full-time or part-time employee, for at least 12 months by the employer with respect to whom leave is requested under section 102..", "id": "HDF7BDC4529A74E3B96EE124B58A82DED", "header": "Elimination of hours of service requirement", "nested": [], "links": [ { "text": "29 U.S.C. 2611(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" } ] } ]

[ "Education and the Workforce Committee", "Oversight and Accountability Committee", "Committee on House Administration" ]

[ { "text": "1. Amendment to Foreign Agents Registration Act \nSection 1(c) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(c) ), is amended— (1) in paragraph (1)(iv), by striking and after the semicolon; (2) in paragraph (2), by striking the period and inserting ; and ; and (3) by adding at the end the following: (3) any Senator or Member of the House of Representatives (as defined in section 205(j)(2) of title 18, United States Code) who enters into any written agreement with any foreign person to modify any law or regulation of the United States that would result in easing any restriction imposed on any country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism..", "id": "H81BB4C6AA37E403F88D6FEA9437E75C9", "header": "Amendment to Foreign Agents Registration Act", "nested": [], "links": [ { "text": "22 U.S.C. 611(c)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "section 205(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/205" } ] }, { "text": "2. Trade Sanctions Reform and Export Enhancement Act of 2000 \nSection 908(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7207(a) ) is amended by adding at the end the following new paragraph: (4) Certain agreements \nAny agreement or action on behalf of a foreign person or a business concern which is prohibited under section 205(j) of title 18, United States Code, shall be deemed to be United States export assistance prohibited under paragraph (1)..", "id": "HB87E1BB71E8E4D43A711F02CC87074B", "header": "Trade Sanctions Reform and Export Enhancement Act of 2000", "nested": [], "links": [ { "text": "22 U.S.C. 7207(a)", "legal-doc": "usc", "parsable-cite": "usc/22/7207" }, { "text": "section 205(j)", "legal-doc": "usc", "parsable-cite": "usc/18/205" } ] }, { "text": "3. Sense of Congress regarding ethics violations \nIt is the sense of the Congress that any Senator or Member of the House of Representatives who violates section 205(j) of title 18, United States Code, should be sanctioned under the rules of the Senate or the House of Representatives, as the case may be.", "id": "HCD24671AA8BF4ED9933C3BBAE02C34DF", "header": "Sense of Congress regarding ethics violations", "nested": [], "links": [ { "text": "section 205(j)", "legal-doc": "usc", "parsable-cite": "usc/18/205" } ] } ]

[ "Judiciary Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Short title; definitions \n(a) Short Title \nThis Act may be cited as the Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004. (b) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Light Station \nThe term Light Station means Piedras Blancas Light Station. (3) Public lands \nThe term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1703(e) ). (4) Outstanding Natural Area \nThe term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3.", "id": "H947E4FADD86646F8857E2E6818CB3224", "header": "Short title; definitions", "nested": [ { "text": "(a) Short Title \nThis Act may be cited as the Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004.", "id": "H25A6F7BD906D4AE1A8CBB2DEF37FABEB", "header": "Short Title", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Light Station \nThe term Light Station means Piedras Blancas Light Station. (3) Public lands \nThe term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1703(e) ). (4) Outstanding Natural Area \nThe term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3.", "id": "H7E67F21A894D46ED98E86B3F6F5EFCE2", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 1703(e)", "legal-doc": "usc", "parsable-cite": "usc/43/1703" } ] } ], "links": [ { "text": "43 U.S.C. 1703(e)", "legal-doc": "usc", "parsable-cite": "usc/43/1703" } ] }, { "text": "2. Findings \nCongress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management. (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States.", "id": "H9B2ED023622344239515B912B8788330", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Designation of the piedras blancas historic light station outstanding natural area \n(a) In General \nIn order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. (b) Maps and Legal Descriptions \nThe boundaries of the Outstanding Natural Area as those shown on the map entitled Piedras Blancas Historic Light Station: Outstanding Natural Area , dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. (c) Basis of Management \nThe Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable laws. (d) Withdrawal \nSubject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.", "id": "HB1B66A6A937143E5BFBB8F83E8594EE5", "header": "Designation of the piedras blancas historic light station outstanding natural area", "nested": [ { "text": "(a) In General \nIn order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area.", "id": "HB8B45513CB744F3DB4A1304F3734007F", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Maps and Legal Descriptions \nThe boundaries of the Outstanding Natural Area as those shown on the map entitled Piedras Blancas Historic Light Station: Outstanding Natural Area , dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California.", "id": "HAE49A9B4496C43AB819D6C4C31E0B000", "header": "Maps and Legal Descriptions", "nested": [], "links": [] }, { "text": "(c) Basis of Management \nThe Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable laws.", "id": "HBF2A4A5708A6479E887F42AD2BE7429B", "header": "Basis of Management", "nested": [], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "(d) Withdrawal \nSubject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.", "id": "HBAE503E41C02406887FE003B6D263516", "header": "Withdrawal", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "4. Management of the piedras blancas historic light station outstanding natural area \n(a) In general \nThe Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c). (b) Uses \nSubject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a). (c) Management plan \nNot later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include— (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) and the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) within the Outstanding Natural Area. (d) Cooperative agreements \nIn order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 ( 43 U.S.C. 1737(b) ). (e) Research activities \nIn order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) ). (f) Acquisition \nState and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by— (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area \nAny lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. (h) Overflights \nNothing in this Act or the management plan shall be construed to— (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (i) Law enforcement activities \nNothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native american uses and interests \nIn recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 et seq. ; commonly referred to as the American Indian Religious Freedom Act ). (k) No buffer zones \nThe designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.", "id": "H3E0FD43A3B30466EAA93C9E9D537C679", "header": "Management of the piedras blancas historic light station outstanding natural area", "nested": [ { "text": "(a) In general \nThe Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c).", "id": "H3C7FBB26EA1F4158A16B7D1B38266BAD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Uses \nSubject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a).", "id": "HB92B63146C3B4604A98001D0BA00BFCC", "header": "Uses", "nested": [], "links": [] }, { "text": "(c) Management plan \nNot later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include— (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) and the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) within the Outstanding Natural Area.", "id": "HA3C5035657CF4910AC00B47DA9A85746", "header": "Management plan", "nested": [], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "16 U.S.C. 470aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/470aa" }, { "text": "16 U.S.C. 470 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/470" } ] }, { "text": "(d) Cooperative agreements \nIn order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 ( 43 U.S.C. 1737(b) ).", "id": "HFC48B72692724E83A3CFD36263C117E", "header": "Cooperative agreements", "nested": [], "links": [ { "text": "43 U.S.C. 1737(b)", "legal-doc": "usc", "parsable-cite": "usc/43/1737" } ] }, { "text": "(e) Research activities \nIn order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) ).", "id": "HC6BF1DF4C9644D479BBCC928B140B613", "header": "Research activities", "nested": [], "links": [ { "text": "43 U.S.C. 1737(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1737" } ] }, { "text": "(f) Acquisition \nState and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by— (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller.", "id": "H5CB69DFBFE234A7EBB32AEF735ED903", "header": "Acquisition", "nested": [], "links": [] }, { "text": "(g) Additions to the Outstanding Natural Area \nAny lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area.", "id": "HB173F921CC8D4C9491005DC8484484D", "header": "Additions to the Outstanding Natural Area", "nested": [], "links": [] }, { "text": "(h) Overflights \nNothing in this Act or the management plan shall be construed to— (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary.", "id": "H64F6F56B564A4C14962D00EA953E9069", "header": "Overflights", "nested": [], "links": [] }, { "text": "(i) Law enforcement activities \nNothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area.", "id": "H7B8A95459E8044B995CFA2D76F01DAC2", "header": "Law enforcement activities", "nested": [], "links": [] }, { "text": "(j) Native american uses and interests \nIn recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 et seq. ; commonly referred to as the American Indian Religious Freedom Act ).", "id": "H3D79A04B4CCB485DA26609C243452BE", "header": "Native american uses and interests", "nested": [], "links": [ { "text": "Public Law 95–341", "legal-doc": "public-law", "parsable-cite": "pl/95/341" }, { "text": "42 U.S.C. 1996 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1996" } ] }, { "text": "(k) No buffer zones \nThe designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.", "id": "HB476C0E62F894DAB8C2D7EE0041556D", "header": "No buffer zones", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "16 U.S.C. 470aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/470aa" }, { "text": "16 U.S.C. 470 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/470" }, { "text": "43 U.S.C. 1737(b)", "legal-doc": "usc", "parsable-cite": "usc/43/1737" }, { "text": "43 U.S.C. 1737(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1737" }, { "text": "Public Law 95–341", "legal-doc": "public-law", "parsable-cite": "pl/95/341" }, { "text": "42 U.S.C. 1996 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1996" } ] }, { "text": "5. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act.", "id": "H2E20DBFFA2A24A1486BC471C4F0CBF", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Energy Efficiency Act.", "id": "H7917F6E238234606A02C9CBCBAABA854", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) escalators move more people in the United States than airplanes; (2) there are 30,000 escalators in the United States, with people using escalators 90,000,000,000 times per year; (3) the national energy use of escalators is estimated at 2,600,000,000 kilowatt hours per year; (4) the energy use of escalators per year is equal to powering 375,000 houses, or 45,000,000 60-watt light bulbs; (5) if the escalators are in continuous operation, the estimated cost to the country for this energy usage is $260,000,000 per year; (6) the European escalator safety code allows the use of intermittent escalators, which run only when a passenger rides the escalator; (7) intermittent escalator models and other energy efficient motors can increase the country’s energy savings for escalators by 40 to 50 percent; and (8) to reduce the energy use of escalators, escalators in Federal buildings should use the intermittent escalator technology.", "id": "HA4EA9F2B439D4ECF91D5583DBDC4AF1B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendment \nSection 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is amended by adding at the end the following new subsection: (e) Intermittent escalators \n(1) Requirement \nExcept as provided in paragraph (2), any escalator acquired for installation in a Federal building shall be an intermittent escalator. (2) Exception \nParagraph (1) shall not apply at a location outside the United States where the Federal agency determines that to acquire an intermittent escalator would require substantially greater cost to the Government over the life of the escalator. (3) Additional energy conservation measures \nIn addition to complying with paragraph (1), Federal agencies shall incorporate other escalator energy conservation measures, as appropriate. (4) Definition \nFor purposes of this subsection, the term intermittent escalator means an escalator that remains in a stationary position until it automatically operates at the approach of a passenger, returning to a stationary position after the passenger completes passage..", "id": "H6386E0F34EA14D879B4939441771F0D8", "header": "Amendment", "nested": [], "links": [ { "text": "42 U.S.C. 8253", "legal-doc": "usc", "parsable-cite": "usc/42/8253" } ] } ]

[ "Transportation and Infrastructure Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Table of contents Title I—National Oceanic and Atmospheric Administration Sec. 101. Short title Sec. 102. Definitions Sec. 103. National Oceanic and Atmospheric Administration Sec. 104. Administration leadership Sec. 105. National Weather Service Sec. 106. Operations and services Sec. 107. Research and education Sec. 108. Science Advisory Board Sec. 109. Reports Sec. 110. Effect of Reorganization Plan Title II—Authorization of appropriations Sec. 201. Short title Sec. 202. Authorization of appropriations Title III—Coastal Ocean Science Program Sec. 301. Short title Sec. 302. Coastal Ocean Science Program Title IV—Marine research Sec. 401. Short title Sec. 402. Purposes Sec. 403. Interagency marine research program Sec. 404. National Oceanic and Atmospheric Administration Marine Research Initiative Sec. 405. Authorization of appropriations Title V—Ocean and coastal observation systems Sec. 501. Short title Sec. 502. Purposes Sec. 503. Integrated ocean and coastal observing system Sec. 504. Interagency financing Sec. 505. Great Lakes Sec. 506. Authorization of appropriations Title VI—Abrupt climate change Sec. 601. Short title Sec. 602. Abrupt climate change research program Sec. 603. Authorization of appropriations Title VII—United States Weather Research Program Sec. 701. Short title Sec. 702. Program focus Sec. 703. Program research priorities Sec. 704. Interagency planning and process Sec. 705. Reporting requirements Sec. 706. Authorization of appropriations", "id": "HF2B32D2FEEF54611A5004677CFE49EFA", "header": "Table of contents", "nested": [], "links": [] }, { "text": "101. Short title \nThis title may be cited as the National Oceanic and Atmospheric Administration Act.", "id": "HFFA99ACBDDDD45889713EC562EFC5000", "header": "Short title", "nested": [], "links": [] }, { "text": "102. Definitions \nIn this title: (1) The term Administration means the National Oceanic and Atmospheric Administration. (2) The term Secretary means the Secretary of Commerce. (3) The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.", "id": "H9D68B6490277473A88DC74C673AFD166", "header": "Definitions", "nested": [], "links": [] }, { "text": "103. National Oceanic and Atmospheric Administration \n(a) In general \nThere shall be in the Department of Commerce an agency known as the National Oceanic and Atmospheric Administration. (b) Mission \nThe mission of the Administration is to understand and predict changes in the Earth’s ocean and atmosphere and the effects of such changes on the land environment, to conserve and manage coastal, ocean, and Great Lakes ecosystems to meet national economic, social, and environmental needs, and to educate the public about these topics. (c) Functions \nThe functions of the Administration shall include— (1) collecting, through observation and other means, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (2) operating and maintaining a system for the storage, retrieval, and dissemination of data relating to weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (3) conducting and supporting basic and applied research and development of technology as may be necessary to carry out the functions described in this subsection; (4) issuing weather, water, climate, and space weather forecasts and warnings; (5) coordinating efforts of Federal agencies in support of national and international programs with respect to meteorological services; (6) coordinating weather research activities of Federal agencies, as provided by law; (7) understanding the science of Earth’s climate and related systems, and undertaking research, development, and demonstration to enhance society’s ability to plan and respond to climate variability and change; (8) protecting, restoring, and managing the use of the coasts, oceans, and Great Lakes through ecosystem-based research, development, demonstration, and management; (9) coordinating efforts of Federal agencies in support of national and international programs with respect to integrated Earth observing systems; (10) administering public outreach and education programs and services to increase scientific and environmental literacy about weather and climate, solar and geophysical events on the Sun and in the space environment, and the coasts, oceans, Great Lakes, and upper reaches of estuaries; (11) cooperating, in consultation with the Secretary of State, with international organizations and scientists in bilateral and multilateral research, development, conservation, and service programs related to coastal, ocean, and Great Lakes issues; and (12) any other function assigned to the Administration by law.", "id": "HE7EA341C0534459887175E223941E6AB", "header": "National Oceanic and Atmospheric Administration", "nested": [ { "text": "(a) In general \nThere shall be in the Department of Commerce an agency known as the National Oceanic and Atmospheric Administration.", "id": "H082FC1F451A448028325FE04BED081C6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mission \nThe mission of the Administration is to understand and predict changes in the Earth’s ocean and atmosphere and the effects of such changes on the land environment, to conserve and manage coastal, ocean, and Great Lakes ecosystems to meet national economic, social, and environmental needs, and to educate the public about these topics.", "id": "HF2FA5890A13B47E4909192D084F97208", "header": "Mission", "nested": [], "links": [] }, { "text": "(c) Functions \nThe functions of the Administration shall include— (1) collecting, through observation and other means, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (2) operating and maintaining a system for the storage, retrieval, and dissemination of data relating to weather and climate, solar and geophysical events on the Sun and in the space environment, and about the coasts, oceans, Great Lakes, and upper reaches of estuaries; (3) conducting and supporting basic and applied research and development of technology as may be necessary to carry out the functions described in this subsection; (4) issuing weather, water, climate, and space weather forecasts and warnings; (5) coordinating efforts of Federal agencies in support of national and international programs with respect to meteorological services; (6) coordinating weather research activities of Federal agencies, as provided by law; (7) understanding the science of Earth’s climate and related systems, and undertaking research, development, and demonstration to enhance society’s ability to plan and respond to climate variability and change; (8) protecting, restoring, and managing the use of the coasts, oceans, and Great Lakes through ecosystem-based research, development, demonstration, and management; (9) coordinating efforts of Federal agencies in support of national and international programs with respect to integrated Earth observing systems; (10) administering public outreach and education programs and services to increase scientific and environmental literacy about weather and climate, solar and geophysical events on the Sun and in the space environment, and the coasts, oceans, Great Lakes, and upper reaches of estuaries; (11) cooperating, in consultation with the Secretary of State, with international organizations and scientists in bilateral and multilateral research, development, conservation, and service programs related to coastal, ocean, and Great Lakes issues; and (12) any other function assigned to the Administration by law.", "id": "H0FD9C30CA965475DBAB14CDDBC324BAC", "header": "Functions", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Administration leadership \n(a) Administrator \n(1) In general \nThere shall be, as the Administrator of the Administration, an Under Secretary of Commerce for Oceans and Atmosphere. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule. (2) Functions \nThe Administrator shall perform such functions and exercise such powers with respect to the Administration as the Secretary may prescribe, including— (A) general management; (B) policy development and guidance; (C) budget formulation, guidance, and execution; and (D) serving as the Department of Commerce official for all ocean and atmosphere issues with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public. (3) Delegation of authority \nThe Administrator may, except as otherwise prohibited by law— (A) delegate any functions, powers, or duties of the Administrator to such officers and employees of the Administration as the Administrator may designate; and (B) authorize such successive redelegations of such functions, powers, or duties within the Administration as the Administrator considers necessary or appropriate. (b) Assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be, as Deputy Administrator of the Administration, an Assistant Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be the Administrator’s first assistant for purposes of subchapter III of chapter 33 of title 5, United States Code. The Assistant Secretary shall be paid at the rate of basic pay for level IV of the Executive Schedule. (2) Functions \nThe Assistant Secretary shall perform such functions and exercise such powers as the Secretary or Administrator may prescribe and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. (c) Deputy Under Secretary for Oceans and Atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The position of Deputy Under Secretary shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Under Secretary— (A) shall serve as an advisor to the Administrator on all program and policy issues; (B) shall ensure the timely and effective implementation of Administration policies and objectives; (C) in the absence or disability of the Assistant Secretary, or in the event of a vacancy in such position, shall act in that position; and (D) shall perform such other duties as the Secretary or Administrator shall prescribe. (d) Deputy assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Oceans and Atmosphere. The Deputy Assistant Secretary for Oceans and Atmosphere shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Oceans and Atmosphere shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Oceans and Atmosphere— (A) shall serve as an advisor to the Administrator on program and policy issues related to environmental policy, strategic planning, and program analysis; (B) shall ensure the timely and effective implementation of Administration policies and objectives related to environmental policy, strategic planning, and program analysis; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe. (e) Deputy assistant secretary for international affairs \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for International Affairs. The Deputy Assistant Secretary for International Affairs shall be appointed by the Secretary. The position of Deputy Assistant Secretary for International Affairs shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for International Affairs— (A) shall serve as an advisor to the Administrator on program and policy issues related to coordination of United States policy with respect to international oceanic and atmospheric matters, and shall focus on international environmental issues critical to the United States; (B) shall participate in international negotiations concerning oceanic and atmospheric matters; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe. (f) Deputy assistant secretary for science and technology \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Science and Technology, who shall coordinate and oversee the science and technology activities of the Administration and ensure that Administration decisions are informed by the results of appropriate and relevant research. The Deputy Assistant Secretary for Science and Technology shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Science and Technology shall be a Senior Executive Service career reserved position as defined in section 3132(a)(8) of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Science and Technology shall— (A) coordinate research and development activities across the Administration, including coordination of research and development budgets; (B) advise the Administrator on how programs can be transitioned from research to operational use; (C) provide advice to the Administrator regarding science and technology issues and their relationship to Administration policies, procedures, and decisions; (D) participate in developing the Administration’s strategic plans and policies and review the science and technology aspects of those plans and policies; (E) develop and oversee guidelines for the dissemination of research and development results conducted, sponsored, or cited by the Administration to the public; (F) develop and oversee guidelines for peer review of science and technology research sponsored by the Administration; (G) oversee implementation of the strategic plan for science and technology research, development, and demonstration required under section 109(b); (H) oversee management of research laboratories in the Administration; and (I) perform such other duties as the Secretary or Administrator shall prescribe. (3) Qualifications \nAn individual appointed under paragraph (1) shall be a person who has an outstanding science and technology background, including research accomplishments, scientific reputation, and public policy experience. (4) Consultation \nBefore appointing an individual under paragraph (1), the Secretary shall consult with the National Academy of Sciences, the Science Advisory Board of the Administration, and other appropriate scientific organizations. (g) General counsel \n(1) In general \nThere shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule. (2) Functions \nThe General Counsel— (A) shall serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (B) shall perform such other functions and exercise such powers as the Secretary or Administrator may prescribe. (h) Continuation of service \nAny individual serving on the date of enactment of this Act in a position provided for in this Act may continue to serve in that position until a successor is appointed under this Act. Nothing in this title shall be construed to require the appointment of a successor under this Act sooner than would have been required under law as in effect before the date of enactment of this Act.", "id": "H5AC4E61658FB44778072E21D051747EE", "header": "Administration leadership", "nested": [ { "text": "(a) Administrator \n(1) In general \nThere shall be, as the Administrator of the Administration, an Under Secretary of Commerce for Oceans and Atmosphere. The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule. (2) Functions \nThe Administrator shall perform such functions and exercise such powers with respect to the Administration as the Secretary may prescribe, including— (A) general management; (B) policy development and guidance; (C) budget formulation, guidance, and execution; and (D) serving as the Department of Commerce official for all ocean and atmosphere issues with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public. (3) Delegation of authority \nThe Administrator may, except as otherwise prohibited by law— (A) delegate any functions, powers, or duties of the Administrator to such officers and employees of the Administration as the Administrator may designate; and (B) authorize such successive redelegations of such functions, powers, or duties within the Administration as the Administrator considers necessary or appropriate.", "id": "HDD533BE5594E47A899FA86A9896415F1", "header": "Administrator", "nested": [], "links": [] }, { "text": "(b) Assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be, as Deputy Administrator of the Administration, an Assistant Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be the Administrator’s first assistant for purposes of subchapter III of chapter 33 of title 5, United States Code. The Assistant Secretary shall be paid at the rate of basic pay for level IV of the Executive Schedule. (2) Functions \nThe Assistant Secretary shall perform such functions and exercise such powers as the Secretary or Administrator may prescribe and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.", "id": "H6A905CA9040C413EB6B057F500EFEF36", "header": "Assistant secretary for oceans and atmosphere", "nested": [], "links": [] }, { "text": "(c) Deputy Under Secretary for Oceans and Atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The position of Deputy Under Secretary shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Under Secretary— (A) shall serve as an advisor to the Administrator on all program and policy issues; (B) shall ensure the timely and effective implementation of Administration policies and objectives; (C) in the absence or disability of the Assistant Secretary, or in the event of a vacancy in such position, shall act in that position; and (D) shall perform such other duties as the Secretary or Administrator shall prescribe.", "id": "H7D822271C79044B5B79656618B314937", "header": "Deputy Under Secretary for Oceans and Atmosphere", "nested": [], "links": [] }, { "text": "(d) Deputy assistant secretary for oceans and atmosphere \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Oceans and Atmosphere. The Deputy Assistant Secretary for Oceans and Atmosphere shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Oceans and Atmosphere shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Oceans and Atmosphere— (A) shall serve as an advisor to the Administrator on program and policy issues related to environmental policy, strategic planning, and program analysis; (B) shall ensure the timely and effective implementation of Administration policies and objectives related to environmental policy, strategic planning, and program analysis; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe.", "id": "H6FD971B1EB714B87A04B7C4C70DACB01", "header": "Deputy assistant secretary for oceans and atmosphere", "nested": [], "links": [] }, { "text": "(e) Deputy assistant secretary for international affairs \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for International Affairs. The Deputy Assistant Secretary for International Affairs shall be appointed by the Secretary. The position of Deputy Assistant Secretary for International Affairs shall be a Senior Executive Service position authorized under section 3133 of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for International Affairs— (A) shall serve as an advisor to the Administrator on program and policy issues related to coordination of United States policy with respect to international oceanic and atmospheric matters, and shall focus on international environmental issues critical to the United States; (B) shall participate in international negotiations concerning oceanic and atmospheric matters; and (C) shall perform such other duties as the Secretary or Administrator shall prescribe.", "id": "HC086B21ECE2F49DEA047C3B5016B3C50", "header": "Deputy assistant secretary for international affairs", "nested": [], "links": [] }, { "text": "(f) Deputy assistant secretary for science and technology \n(1) In general \nThere shall be in the Administration a Deputy Assistant Secretary for Science and Technology, who shall coordinate and oversee the science and technology activities of the Administration and ensure that Administration decisions are informed by the results of appropriate and relevant research. The Deputy Assistant Secretary for Science and Technology shall be appointed by the Secretary. The position of Deputy Assistant Secretary for Science and Technology shall be a Senior Executive Service career reserved position as defined in section 3132(a)(8) of title 5, United States Code. (2) Functions \nThe Deputy Assistant Secretary for Science and Technology shall— (A) coordinate research and development activities across the Administration, including coordination of research and development budgets; (B) advise the Administrator on how programs can be transitioned from research to operational use; (C) provide advice to the Administrator regarding science and technology issues and their relationship to Administration policies, procedures, and decisions; (D) participate in developing the Administration’s strategic plans and policies and review the science and technology aspects of those plans and policies; (E) develop and oversee guidelines for the dissemination of research and development results conducted, sponsored, or cited by the Administration to the public; (F) develop and oversee guidelines for peer review of science and technology research sponsored by the Administration; (G) oversee implementation of the strategic plan for science and technology research, development, and demonstration required under section 109(b); (H) oversee management of research laboratories in the Administration; and (I) perform such other duties as the Secretary or Administrator shall prescribe. (3) Qualifications \nAn individual appointed under paragraph (1) shall be a person who has an outstanding science and technology background, including research accomplishments, scientific reputation, and public policy experience. (4) Consultation \nBefore appointing an individual under paragraph (1), the Secretary shall consult with the National Academy of Sciences, the Science Advisory Board of the Administration, and other appropriate scientific organizations.", "id": "HFB3CC634C9A14ED086B4FED4BB007B75", "header": "Deputy assistant secretary for science and technology", "nested": [], "links": [] }, { "text": "(g) General counsel \n(1) In general \nThere shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule. (2) Functions \nThe General Counsel— (A) shall serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (B) shall perform such other functions and exercise such powers as the Secretary or Administrator may prescribe.", "id": "HE9FBAD763D4049C6B4C7BB405DC4790", "header": "General counsel", "nested": [], "links": [] }, { "text": "(h) Continuation of service \nAny individual serving on the date of enactment of this Act in a position provided for in this Act may continue to serve in that position until a successor is appointed under this Act. Nothing in this title shall be construed to require the appointment of a successor under this Act sooner than would have been required under law as in effect before the date of enactment of this Act.", "id": "H67F4243CFDA447C7B5829275EF834100", "header": "Continuation of service", "nested": [], "links": [] } ], "links": [] }, { "text": "105. National Weather Service \n(a) In general \nThe Secretary shall maintain within the Administration a National Weather Service. (b) Mission \nThe mission of the National Weather Service is to provide weather, water, and climate forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy. (c) Goals \nThe goals of the National Weather Service shall include— (1) to provide timely and accurate weather, water, climate, and space weather forecasts; and (2) to provide timely and accurate warnings of weather, water, and climate natural hazards, and of space weather hazards. (d) Functions \nThe functions of the National Weather Service shall include— (1) maintaining a network of regional and local weather forecast offices; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, and space weather phenomena for the Administration and the public; (4) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (5) such other functions to serve the mission of the National Weather Service as the Administrator may prescribe. (e) Public-private partnerships \nNot less than once every 5 years, the Secretary shall develop and submit to Congress a policy that defines processes for making decisions about the roles of the National Weather Service and the private sector in providing weather and climate related products, technologies, and services. The first such policy shall be completed not less than 12 months after the date of enactment of this Act. At least 90 days before submitting the policy to Congress, the Secretary shall publish the policy in the Federal Register for a public comment period of not less than 60 days.", "id": "H91A2DF47EBC540D2B48C56FE6E238CB3", "header": "National Weather Service", "nested": [ { "text": "(a) In general \nThe Secretary shall maintain within the Administration a National Weather Service.", "id": "H37E94982DC4849E6B2988944C392D8CB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mission \nThe mission of the National Weather Service is to provide weather, water, and climate forecasts and warnings for the United States, its territories, adjacent waters, and ocean areas for the protection of life and property and the enhancement of the national economy.", "id": "H2533D6A59D8B4F7BACB86012F7DB9BC0", "header": "Mission", "nested": [], "links": [] }, { "text": "(c) Goals \nThe goals of the National Weather Service shall include— (1) to provide timely and accurate weather, water, climate, and space weather forecasts; and (2) to provide timely and accurate warnings of weather, water, and climate natural hazards, and of space weather hazards.", "id": "HAA744FAB17A24C2D95BEB81E4F840282", "header": "Goals", "nested": [], "links": [] }, { "text": "(d) Functions \nThe functions of the National Weather Service shall include— (1) maintaining a network of regional and local weather forecast offices; (2) maintaining a network of observation systems to collect weather and climate data; (3) operating national centers to deliver guidance, forecasts, warnings, and analysis about weather, water, climate, and space weather phenomena for the Administration and the public; (4) conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools; and (5) such other functions to serve the mission of the National Weather Service as the Administrator may prescribe.", "id": "HBD5A8932674B4C250045D57B8D6E3889", "header": "Functions", "nested": [], "links": [] }, { "text": "(e) Public-private partnerships \nNot less than once every 5 years, the Secretary shall develop and submit to Congress a policy that defines processes for making decisions about the roles of the National Weather Service and the private sector in providing weather and climate related products, technologies, and services. The first such policy shall be completed not less than 12 months after the date of enactment of this Act. At least 90 days before submitting the policy to Congress, the Secretary shall publish the policy in the Federal Register for a public comment period of not less than 60 days.", "id": "H5AA9A26097FE4A388504F28F9614D553", "header": "Public-private partnerships", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Operations and services \n(a) In general \nThe Secretary shall maintain within the Administration operational and service programs to support routine data collection and direct services and products regarding satellite, observations, and coastal, ocean, and Great Lakes information. (b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the operations and service functions of the Administration shall include— (1) acquiring, managing, and operating coastal, ocean, and Great Lakes observing systems; (2) ensuring the availability of a global Earth-observing system, integrating remote sensing and in situ assets that provide critical data needed to support the mission of the Administration, and providing that data to decisionmakers and the public; (3) developing, acquiring, and managing operational environmental satellite constellations and associated ground control and data acquisition facilities to support the mission of the Administration; (4) managing and distributing atmospheric, geophysical, and marine data and data products for the Administration through national environmental data centers; (5) providing for long-term stewardship of environmental data, products, and information via data processing, storage, and archive facilities; (6) promoting widespread availability of environmental data and information through full and open access and exchange to the greatest extent possible; (7) issuing licenses for private remote sensing space systems under the Land Remote Sensing Policy Act of 1992; (8) administering a national water level observation network, which shall include monitoring of the Great Lakes; (9) providing charts and other information for safe navigation of the oceans and inland waters, as provided by law; and (10) such other functions to serve the operations and services mission of the Administration as the Administrator may prescribe.", "id": "H715BB05EF2A4455797B246A14C639F13", "header": "Operations and services", "nested": [ { "text": "(a) In general \nThe Secretary shall maintain within the Administration operational and service programs to support routine data collection and direct services and products regarding satellite, observations, and coastal, ocean, and Great Lakes information.", "id": "H16646CCA765F4B70A7113E6E12479DA6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the operations and service functions of the Administration shall include— (1) acquiring, managing, and operating coastal, ocean, and Great Lakes observing systems; (2) ensuring the availability of a global Earth-observing system, integrating remote sensing and in situ assets that provide critical data needed to support the mission of the Administration, and providing that data to decisionmakers and the public; (3) developing, acquiring, and managing operational environmental satellite constellations and associated ground control and data acquisition facilities to support the mission of the Administration; (4) managing and distributing atmospheric, geophysical, and marine data and data products for the Administration through national environmental data centers; (5) providing for long-term stewardship of environmental data, products, and information via data processing, storage, and archive facilities; (6) promoting widespread availability of environmental data and information through full and open access and exchange to the greatest extent possible; (7) issuing licenses for private remote sensing space systems under the Land Remote Sensing Policy Act of 1992; (8) administering a national water level observation network, which shall include monitoring of the Great Lakes; (9) providing charts and other information for safe navigation of the oceans and inland waters, as provided by law; and (10) such other functions to serve the operations and services mission of the Administration as the Administrator may prescribe.", "id": "HD92DF00731244DAE9C02CAA1D34B294B", "header": "Functions", "nested": [], "links": [] } ], "links": [] }, { "text": "107. Research and education \n(a) In general \nThe Secretary shall maintain within the Administration programs to conduct and support research and education and the development of technologies relating to weather, climate, and the coasts, oceans, and Great Lakes. (b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the research and education functions of the Administration shall include— (1) conducting and supporting research and development of technology to improve the Administration’s capabilities in collecting, through observation and otherwise, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather, climate, and the coasts, oceans, and Great Lakes; (2) improving environmental prediction and management capabilities through ecosystem-based research and development; (3) improving knowledge of Earth’s climate and related systems through research and observation for decision support; (4) reducing uncertainty in projections of how the Earth’s climate and related systems may change in the future; (5) fostering the public’s ability to understand and integrate scientific information into considerations of national environmental issues through education and public outreach activities; (6) administering the National Sea Grant College Program Act; (7) conducting and supporting research and development of technology for exploration of the oceans; (8) maintaining a system of laboratories to perform the functions described in this subsection; (9) supporting extramural peer-reviewed competitive grant programs to assist the Administration in performing the functions described in this subsection; and (10) such other functions to serve the research and education mission of the Administration as the Administrator may prescribe.", "id": "H0EEA3DF0B4754D60AC48664C93D3466E", "header": "Research and education", "nested": [ { "text": "(a) In general \nThe Secretary shall maintain within the Administration programs to conduct and support research and education and the development of technologies relating to weather, climate, and the coasts, oceans, and Great Lakes.", "id": "H397A754BC11C44EF99CC6049F738C46F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Functions \nTo support the mission described in section 102(b), and in addition to the functions described in section 102(c), the research and education functions of the Administration shall include— (1) conducting and supporting research and development of technology to improve the Administration’s capabilities in collecting, through observation and otherwise, communicating, analyzing, processing, providing, and disseminating comprehensive scientific data and information about weather, climate, and the coasts, oceans, and Great Lakes; (2) improving environmental prediction and management capabilities through ecosystem-based research and development; (3) improving knowledge of Earth’s climate and related systems through research and observation for decision support; (4) reducing uncertainty in projections of how the Earth’s climate and related systems may change in the future; (5) fostering the public’s ability to understand and integrate scientific information into considerations of national environmental issues through education and public outreach activities; (6) administering the National Sea Grant College Program Act; (7) conducting and supporting research and development of technology for exploration of the oceans; (8) maintaining a system of laboratories to perform the functions described in this subsection; (9) supporting extramural peer-reviewed competitive grant programs to assist the Administration in performing the functions described in this subsection; and (10) such other functions to serve the research and education mission of the Administration as the Administrator may prescribe.", "id": "H35ACF55C2F5A43D5BDB8607B4EC524D4", "header": "Functions", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Science Advisory Board \n(a) In general \nThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Commerce, Science and Transportation of the Senate, or the Committee on Science or on Resources of the House of Representatives. (b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment and prediction. (c) Members \n(1) In general \nThe Science Advisory Board shall consist of not more than 15 members appointed by the Administrator to ensure a balanced representation among preeminent scientists, engineers, educators, industry, and science policy experts reflecting the full breadth of the Administration’s areas of responsibility. (2) Terms of service \nMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than one year. (3) Chairperson \nThe Administrator shall designate a chairperson from among the members of the Board. (4) Appointment \nMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code. (5) Criteria for selection \nThe Administrator shall develop and apply standard criteria, in accordance with applicable Department of Commerce guidance, for the selection of members of the Science Advisory Board. (d) Administrative provisions \n(1) Reporting \nThe Science Advisory Board shall report to the Administrator and the appropriate requesting party. (2) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board. (3) Meetings \nThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (4) Compensation and expenses \nA member of the Science Advisory Board shall not be compensated for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (5) Subcommittees \nThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary. (e) Expiration \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board.", "id": "HB5C5EAA5746749799EC52707C4C9A014", "header": "Science Advisory Board", "nested": [ { "text": "(a) In general \nThere shall be within the Administration a Science Advisory Board, which shall provide such scientific advice as may be requested by the Administrator, the Committee on Commerce, Science and Transportation of the Senate, or the Committee on Science or on Resources of the House of Representatives.", "id": "HDD1524D36D004A51B85B6FD86C1F5ED1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of the Science Advisory Board is to advise the Administrator and Congress on long-range and short-range strategies for research, education, and the application of science to resource management and environmental assessment and prediction.", "id": "H193B0B83288B4845B738DF8FACCB9000", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Members \n(1) In general \nThe Science Advisory Board shall consist of not more than 15 members appointed by the Administrator to ensure a balanced representation among preeminent scientists, engineers, educators, industry, and science policy experts reflecting the full breadth of the Administration’s areas of responsibility. (2) Terms of service \nMembers shall be appointed for 3-year terms, renewable once, and shall serve at the discretion of the Administrator. An individual serving a term as a member of the Science Advisory Board on the date of enactment of this Act may complete that term, and may be reappointed once for another term of 3 years unless the term being served on such date of enactment is the second term served by that individual. Vacancy appointments shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than one year. (3) Chairperson \nThe Administrator shall designate a chairperson from among the members of the Board. (4) Appointment \nMembers of the Science Advisory Board shall be appointed as special Government employees, within the meaning given such term in section 202(a) of title 18, United States Code. (5) Criteria for selection \nThe Administrator shall develop and apply standard criteria, in accordance with applicable Department of Commerce guidance, for the selection of members of the Science Advisory Board.", "id": "H8D8DEA053F0A4CF2BB5DD5E411F37ED0", "header": "Members", "nested": [], "links": [] }, { "text": "(d) Administrative provisions \n(1) Reporting \nThe Science Advisory Board shall report to the Administrator and the appropriate requesting party. (2) Administrative support \nThe Administrator shall provide administrative support to the Science Advisory Board. (3) Meetings \nThe Science Advisory Board shall meet at least twice each year, and at other times at the call of the Administrator or the Chairperson. (4) Compensation and expenses \nA member of the Science Advisory Board shall not be compensated for service on such board, but upon request by the member may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (5) Subcommittees \nThe Science Advisory Board may establish such subcommittees of its members as may be necessary. The Science Advisory Board may establish task forces and working groups consisting of Board members and outside experts as may be necessary.", "id": "H47554CC7179044F4A3F2D9C12FDFAAB5", "header": "Administrative provisions", "nested": [], "links": [] }, { "text": "(e) Expiration \nSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Science Advisory Board.", "id": "H17A84E85359243EA97ED7989DE673534", "header": "Expiration", "nested": [], "links": [] } ], "links": [] }, { "text": "109. Reports \n(a) Report on data management, archival, and distribution \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on the environmental data and information systems of the Administration. The report shall include— (1) an assessment of the adequacy of the environmental data and information systems of the Administration to— (A) provide adequate capacity to manage, archive and disseminate environmental information collected and processed, or expected to be collected and processed, by the Administration and other appropriate departments and agencies; (B) establish, develop, and maintain information bases, including necessary management systems, which will provide for consistent, efficient, and compatible transfer and use of data; (C) develop effective interfaces among the environmental data and information systems of the Administration and other appropriate departments and agencies; (D) develop and use nationally accepted formats and standards for data collected by various national and international sources; and (E) integrate and interpret data from different sources to produce information that can be used by decisionmakers in developing policies that effectively respond to national and global environmental concerns; and (2) a strategic plan to— (A) set forth modernization and improvement objectives for an integrated national environmental data access and archive system for the 10 year period beginning with the year in which the plan is transmitted, including facility requirements and critical new technology components that would be necessary to meet the objectives set forth; (B) propose specific Administration programs and activities for implementing the plan; (C) identify the data and information management, archival, and distribution responsibilities of the Administration with respect to other Federal departments and agencies and international organizations; and (D) provide an implementation schedule and estimate funding levels necessary to achieve modernization and improvement objectives. (b) Strategic plan for scientific research \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a strategic plan for science and technology research, development, and demonstration at the Administration. The plan shall include an assessment of the science and technology needs of the Administration and a strategic plan for coordinating research, development, and demonstration activities across the Administration to effectively meet those needs.", "id": "H8851B7DE83D649DDB506E149F20A602", "header": "Reports", "nested": [ { "text": "(a) Report on data management, archival, and distribution \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on the environmental data and information systems of the Administration. The report shall include— (1) an assessment of the adequacy of the environmental data and information systems of the Administration to— (A) provide adequate capacity to manage, archive and disseminate environmental information collected and processed, or expected to be collected and processed, by the Administration and other appropriate departments and agencies; (B) establish, develop, and maintain information bases, including necessary management systems, which will provide for consistent, efficient, and compatible transfer and use of data; (C) develop effective interfaces among the environmental data and information systems of the Administration and other appropriate departments and agencies; (D) develop and use nationally accepted formats and standards for data collected by various national and international sources; and (E) integrate and interpret data from different sources to produce information that can be used by decisionmakers in developing policies that effectively respond to national and global environmental concerns; and (2) a strategic plan to— (A) set forth modernization and improvement objectives for an integrated national environmental data access and archive system for the 10 year period beginning with the year in which the plan is transmitted, including facility requirements and critical new technology components that would be necessary to meet the objectives set forth; (B) propose specific Administration programs and activities for implementing the plan; (C) identify the data and information management, archival, and distribution responsibilities of the Administration with respect to other Federal departments and agencies and international organizations; and (D) provide an implementation schedule and estimate funding levels necessary to achieve modernization and improvement objectives.", "id": "HCCAAB4BBF47E46899D2828143DBA623", "header": "Report on data management, archival, and distribution", "nested": [], "links": [] }, { "text": "(b) Strategic plan for scientific research \nNot later than 1 year after the date of enactment of this Act the Secretary shall develop and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a strategic plan for science and technology research, development, and demonstration at the Administration. The plan shall include an assessment of the science and technology needs of the Administration and a strategic plan for coordinating research, development, and demonstration activities across the Administration to effectively meet those needs.", "id": "H25FA831EFF7140A98FC2C982F56DAD18", "header": "Strategic plan for scientific research", "nested": [], "links": [] } ], "links": [] }, { "text": "110. Effect of Reorganization Plan \nReorganization Plan No. 4 of 1970 shall have no further force and effect.", "id": "H6B3DF5AE6CE347D1B57DF327746345E3", "header": "Effect of Reorganization Plan", "nested": [], "links": [] }, { "text": "201. Short title \nThis title may be cited as the National Oceanic and Atmospheric Administration Authorization Act of 2004.", "id": "H9B240BBB61AF4C24ACC711289E49016C", "header": "Short title", "nested": [], "links": [] }, { "text": "202. Authorization of appropriations \nThere are authorized to be appropriated to the Administrator— (1) for Program Support— (A) $300,000,000 for fiscal year 2005; (B) $306,000,000 for fiscal year 2006; and (C) $312,000,000 for fiscal year 2007; (2) for the National Ocean Service— (A) $490,000,000 for fiscal year 2005; (B) $500,000,000 for fiscal year 2006; and (C) $510,000,000 for fiscal year 2007; (3) for the Office of Oceanic and Atmospheric Research— (A) $414,000,000 for fiscal year 2005; (B) $422,000,000 for fiscal year 2006; and (C) $430,000,000 for fiscal year 2007; (4) for the National Weather Service— (A) $836,000,000 for fiscal year 2005; (B) $853,000,000 for fiscal year 2006; and (C) $870,000,000 for fiscal year 2007; (5) for the National Environmental Satellite Data and Information Service— (A) $897,000,000 for fiscal year 2005; (B) $915,000,000 for fiscal year 2006; and (C) $933,000,000 for fiscal year 2007; and (6) for the Office of Program Planning and Integration— (A) $2,000,000 for fiscal year 2005; (B) $2,000,000 for fiscal year 2006; and (C) $2,000,000 for fiscal year 2007.", "id": "H8256E98C1AE247C4AB19046DE19B433B", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "301. Short title \nThis title may be cited as the Coastal Ocean Science Program Act of 2004.", "id": "H1BFA1C2389F64117AD74913152A873D7", "header": "Short title", "nested": [], "links": [] }, { "text": "302. Coastal Ocean Science Program \nSection 201(c) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 is amended to read as follows: (c) Coastal ocean science program \n(1) In general \nThere shall be in the National Oceanic and Atmospheric Administration a Coastal Ocean Science Program that supports Great Lakes, estuarine, and coastal ocean research and assessment through competitive, peer-reviewed research programs. (2) Program elements \nThe Coastal Ocean Science Program shall augment and integrate existing research capabilities of the National Oceanic and Atmospheric Administration, other Federal agencies, and the academic community. Research shall be conducted to improve predictions of ecosystem trends in coastal, ocean, and Great Lakes ecosystems, and upper reaches of estuaries; to better conserve and manage coastal, ocean, and Great Lakes ecosystems; to improve predictions of effects of coastal and Great Lakes pollution to help correct and prevent environmental degradation; to improve understanding and characterization of the role oceans play in global climate and environmental analysis; and to improve predictions of coastal hazards to protect human life, personal property, and ecosystem function. (3) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for implementing the Coastal Ocean Science Program such sums as may be necessary for each of fiscal years 2005 through 2008..", "id": "H0B7BEFC0169A4649A17CFCA200AF8792", "header": "Coastal Ocean Science Program", "nested": [], "links": [] }, { "text": "401. Short title \nThis title may be cited as the Marine Research Act.", "id": "H5C3DA4D5456F470DBFA7A0AFBCAF412", "header": "Short title", "nested": [], "links": [] }, { "text": "402. Purposes \nThe purposes of this title are to provide for— (1) Presidential support and coordination of interagency marine research programs; and (2) development and coordination of a comprehensive and integrated United States ocean, coastal, and Great Lakes research and monitoring program that will assist this Nation and the world to understand, use, and respond to the interactions of humans and the marine environment.", "id": "H297B95EDF101494B8FCA8CD7F995FBCE", "header": "Purposes", "nested": [], "links": [] }, { "text": "403. Interagency marine research program \n(a) Coordination \nThe President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the interactions of humans and the marine environment. (b) Implementation plan \nWithin 1 year after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy, shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing the plan, the National Science and Technology Council shall consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan shall build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies, and shall— (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between humans and the marine environment, provide usable information for the protection of human life, and use the biological potential of the oceans for development of new products; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy, and other expert scientific bodies; and (5) estimate Federal funding for research activities to be conducted under the program. (c) Program scope \nThe program may include the following activities related to the interaction of humans and the marine environment: (1) Interdisciplinary research among the ocean and biological sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human life and to explore the potential contribution of marine organisms to medicine and research. (2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and coastal observing system provides information necessary to support the program described in this section, including detection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, or academic institutions of new technologies and approaches for detecting and reducing hazards to human life from ocean sources and to strengthen understanding of the value of marine biodiversity. (4) Support for scholars, trainees, and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans.", "id": "HAD790E2024C1482DA242A14C3CA69120", "header": "Interagency marine research program", "nested": [ { "text": "(a) Coordination \nThe President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the interactions of humans and the marine environment.", "id": "HE166739B8F5D42B49004D4355550E951", "header": "Coordination", "nested": [], "links": [] }, { "text": "(b) Implementation plan \nWithin 1 year after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy, shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing the plan, the National Science and Technology Council shall consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan shall build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies, and shall— (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between humans and the marine environment, provide usable information for the protection of human life, and use the biological potential of the oceans for development of new products; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy, and other expert scientific bodies; and (5) estimate Federal funding for research activities to be conducted under the program.", "id": "H8021275B9B094FA6B14B2EF6D6EF0355", "header": "Implementation plan", "nested": [], "links": [] }, { "text": "(c) Program scope \nThe program may include the following activities related to the interaction of humans and the marine environment: (1) Interdisciplinary research among the ocean and biological sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human life and to explore the potential contribution of marine organisms to medicine and research. (2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and coastal observing system provides information necessary to support the program described in this section, including detection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, or academic institutions of new technologies and approaches for detecting and reducing hazards to human life from ocean sources and to strengthen understanding of the value of marine biodiversity. (4) Support for scholars, trainees, and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans.", "id": "H4EE3DB193EFA48C1AE00A28307E69687", "header": "Program scope", "nested": [], "links": [] } ], "links": [] }, { "text": "404. National Oceanic and Atmospheric Administration Marine Research Initiative \n(a) Establishment \nAs part of the interagency program planned and coordinated under section 403, the Secretary of Commerce is authorized to establish a Marine Research Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the program. The Marine Research Initiative is authorized to provide support for— (1) centralized program and research coordination; (2) one or more National Oceanic and Atmospheric Administration national centers of excellence; (3) research grants; and (4) distinguished scholars and traineeships. (b) National centers \n(1) The Secretary is authorized to identify and provide financial support for, through a competitive process to develop within the National Oceanic and Atmospheric Administration, one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the Marine Research Initiative. (2) The center or centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, and ecological chemistry. (3) In selecting centers for funding, the Secretary shall give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the National Oceanic and Atmospheric Administration, other Federal entities, and State, academic, and industry participants. (c) Extramural research grants \n(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the interaction of humans and the marine environment and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration. Officers and employees of Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. (2) Grants under this subsection shall be awarded through a competitive peer-reviewed process that may be conducted jointly with other agencies participating in the interagency program established in section 403. (d) Distinguished scholars and traineeships \n(1) The Secretary of Commerce is authorized to designate and provide financial assistance to support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with National Oceanic and Atmospheric Administration scientists and facilities. (2) The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to predoctoral and postdoctoral students and to scientists at the beginning of their careers who are interested in research on the interaction of humans and the marine environment conducted under the National Oceanic and Atmospheric Administration initiative.", "id": "H69D7E69A81AB48689B7ECF12C71CE47F", "header": "National Oceanic and Atmospheric Administration Marine Research Initiative", "nested": [ { "text": "(a) Establishment \nAs part of the interagency program planned and coordinated under section 403, the Secretary of Commerce is authorized to establish a Marine Research Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the program. The Marine Research Initiative is authorized to provide support for— (1) centralized program and research coordination; (2) one or more National Oceanic and Atmospheric Administration national centers of excellence; (3) research grants; and (4) distinguished scholars and traineeships.", "id": "H2D9E5EA92A1D4B7D9493AF71DDB75CE4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) National centers \n(1) The Secretary is authorized to identify and provide financial support for, through a competitive process to develop within the National Oceanic and Atmospheric Administration, one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the Marine Research Initiative. (2) The center or centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, and ecological chemistry. (3) In selecting centers for funding, the Secretary shall give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the National Oceanic and Atmospheric Administration, other Federal entities, and State, academic, and industry participants.", "id": "H7213C533F7CF4138AE356F9953945C46", "header": "National centers", "nested": [], "links": [] }, { "text": "(c) Extramural research grants \n(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the interaction of humans and the marine environment and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration. Officers and employees of Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. (2) Grants under this subsection shall be awarded through a competitive peer-reviewed process that may be conducted jointly with other agencies participating in the interagency program established in section 403.", "id": "H72DA78405A294053953012194002A6DC", "header": "Extramural research grants", "nested": [], "links": [] }, { "text": "(d) Distinguished scholars and traineeships \n(1) The Secretary of Commerce is authorized to designate and provide financial assistance to support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with National Oceanic and Atmospheric Administration scientists and facilities. (2) The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to predoctoral and postdoctoral students and to scientists at the beginning of their careers who are interested in research on the interaction of humans and the marine environment conducted under the National Oceanic and Atmospheric Administration initiative.", "id": "H111632045F504B3397B2977CE56BFCC9", "header": "Distinguished scholars and traineeships", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Marine Research Initiative established under section 404, $8,000,000 for each of fiscal years 2005 through 2008. Not less than 50 percent of the amounts appropriated to carry out the Initiative for each fiscal year shall be utilized to support the programs described in subsections (c) and (d) of section 404.", "id": "H6FCFABF708394034915FC5234DD14636", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "501. Short title \nThis title may be cited as the Ocean and Coastal Observation Systems Act.", "id": "H8A831B6AF0CB4F0FA2006273E0123157", "header": "Short title", "nested": [], "links": [] }, { "text": "502. Purposes \nThe purposes of this title are to provide for— (1) development and maintenance of an integrated system that provides for sustained ocean and coastal observations from in situ, remote, and vessel platforms, and that promotes improved comprehensive scientific data and information about the ocean and coastal environment; and (2) implementation of a data and information system required by all components of an integrated ocean and coastal observing system and related research.", "id": "H7600CA2D46AB4EFAB1C2F5CDF3CD183", "header": "Purposes", "nested": [], "links": [] }, { "text": "503. Integrated ocean and coastal observing system \n(a) Establishment \nThe President, through the National Oceanic and Atmospheric Administration, shall establish and maintain an integrated system of marine monitoring, data communication and management, data analysis, and research designed to provide data and information for the rapid and timely detection and prediction of changes occurring in the ocean and coastal environment that impact the Nation’s social, economic, and ecological systems. Such an integrated ocean and coastal observing system shall provide for long-term and continuous observations of the oceans and coasts for the following purposes: (1) Improving weather forecasts and public warnings of natural disasters and coastal hazards and mitigating such disasters and hazards. (2) Understanding, assessing, and responding to human-induced and natural processes of global change. (3) Conducting focused research to enhance the national understanding of coastal and global ocean systems. (4) Providing information that contributes to public awareness of the condition and importance of the oceans. (b) Functions \nIn carrying out responsibilities under this section, the National Oceanic and Atmospheric Administration shall— (1) serve as the lead entity providing oversight of Federal ocean and coastal observing requirements and activities; (2) adopt and maintain plans for the design, operation, and improvement of such system; (3) coordinate and administer a program of research and development to support the operation of an integrated ocean and coastal observing system and advance the understanding of the oceans; (4) establish a joint operations center to be maintained in conjunction with other Federal agencies; (5) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs and in consultation with the Secretary of State to coordinate relevant Federal activities with those of other nations; (6) promote collaboration among regional coastal observing systems established pursuant to subsection (d); (7) prepare annual and long-term plans for the design and implementation of an integrated ocean and coastal observing system, including the regional coastal observing systems and taking into account the science and technology advances considered ready for operational status; (8) identify requirements for a common set of measurements to be collected and distributed; (9) establish standards and protocols for quality control and data management and communications, in consultation with the Joint Operations Center established pursuant to subsection (c); and (10) work with regional coastal observing entities, the National Sea Grant College Program, and other bodies as needed to assess user needs, develop data products, make effective use of existing capabilities, and incorporate new technologies, as appropriate. (c) Joint operations center \nThe Administrator of the National Oceanic and Atmospheric Administration, in conjunction with the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Under Secretary for Science and Technology of the Department of Homeland Security, and any other Federal agent the President considers appropriate, shall operate and maintain a joint operations center— (1) to acquire, integrate, and deploy required technologies and provide support for an ocean and coastal observing system based on annual long-term plans, developed by the National Oceanic and Atmospheric Administration; (2) to implement standards and protocols for quality control and data management and communications; (3) to migrate science and technology advancements from research and development to operational deployment based on the annual and long-term plans; (4) to integrate and extend existing programs into an operating ocean and coastal observing system based on the annual and long-term plans; (5) to coordinate the data communication and management system; and (6) to certify that regional coastal observing systems meet the standards established in subsection (d) and to ensure a periodic process for review and recertification of the regional coastal observing systems. (d) Regional coastal observing systems \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration, through the Joint Operations Center, shall work with representatives of entities in each region that provide ocean data and information to users to form regional associations. The regional associations shall be responsible for the development and operation of observing systems in the coastal regions extending to the seaward boundary of the United States Exclusive Economic Zone, including the Great Lakes. Participation in a regional association may consist of legal entities, including research institutions, institutions of higher learning, for-profit corporations, nonprofit corporations, State, local, and regional agencies, and consortia of 2 or more such institutions or organizations, that— (A) have demonstrated an organizational structure capable of supporting and integrating all aspects of a coastal ocean observing system within a region or subregion; and (B) have prepared an acceptable business plan, including research components, and gained documented acceptance of their intended regional or subregional jurisdiction by users and other parties of interest within the region or subregion with the objectives of— (i) delivering an integrated and sustained system that meets national goals; (ii) incorporating into the system existing and appropriate regional observations collected by Federal, State, regional, or local agencies; (iii) responding to the needs of the users, including the public, within the region; (iv) maintaining sustained, 24-hour-a-day operations and disseminating observations in a manner that is routine, predictable and, if necessary, in real-time or near real-time; (v) providing services that include the collection and dissemination of data and data management for timely access to data and information; (vi) creating appropriate products that are delivered in a timely fashion to the public and others who use, or are affected by, the oceans; (vii) providing free and open access to the data collected with financial assistance under this title; and (viii) adhering to national standards and protocols to ensure that data and related products can be fully exchanged among all of the regional coastal systems and will be accessible to any user in any part of the Nation. (2) Civil liability \nFor purposes of determining the civil liability under section 2671 of title 28, United States Code, any regional observing system and any employee thereof that is designated part of a regional association under this subsection shall be deemed to be an instrumentality of the United States with respect to any act or omission committed by any such system or any employee thereof in fulfilling the purposes of this title. (e) Pilot projects \n(1) In general \nThe Administrator, in consultation with the Joint Operations Center, may initiate pilot projects. A pilot project is an organized, planned set of activities designed to provide an evaluation of technology, methods, or concepts within a defined schedule and having the goal of advancing the development of the sustained, integrated ocean observing system. The pilot projects shall— (A) develop protocols for coordinated implementation of the full system; (B) design and implement regional coastal ocean observing systems; (C) establish mechanisms for the exchange of data between and among regions and Federal agencies; (D) specify products and services and related requirements for observations, data management, and analysis in collaboration with user groups; and (E) develop and test new technologies and techniques to more effectively meet the needs of users of the system. (2) Infrastructure capital projects \nThe pilot projects shall include one or more projects to capitalize the infrastructure for the collection, management, analysis, and distribution of data and one or more projects where the basic infrastructure and institutional mechanisms already exist for ongoing coastal observations, to fund the operations necessary for the collection of the common set of observations.", "id": "H4056B3E292F449F5AE3572649B9BA932", "header": "Integrated ocean and coastal observing system", "nested": [ { "text": "(a) Establishment \nThe President, through the National Oceanic and Atmospheric Administration, shall establish and maintain an integrated system of marine monitoring, data communication and management, data analysis, and research designed to provide data and information for the rapid and timely detection and prediction of changes occurring in the ocean and coastal environment that impact the Nation’s social, economic, and ecological systems. Such an integrated ocean and coastal observing system shall provide for long-term and continuous observations of the oceans and coasts for the following purposes: (1) Improving weather forecasts and public warnings of natural disasters and coastal hazards and mitigating such disasters and hazards. (2) Understanding, assessing, and responding to human-induced and natural processes of global change. (3) Conducting focused research to enhance the national understanding of coastal and global ocean systems. (4) Providing information that contributes to public awareness of the condition and importance of the oceans.", "id": "HF4ED92BABDD54AE78BE71BD54B182B16", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Functions \nIn carrying out responsibilities under this section, the National Oceanic and Atmospheric Administration shall— (1) serve as the lead entity providing oversight of Federal ocean and coastal observing requirements and activities; (2) adopt and maintain plans for the design, operation, and improvement of such system; (3) coordinate and administer a program of research and development to support the operation of an integrated ocean and coastal observing system and advance the understanding of the oceans; (4) establish a joint operations center to be maintained in conjunction with other Federal agencies; (5) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs and in consultation with the Secretary of State to coordinate relevant Federal activities with those of other nations; (6) promote collaboration among regional coastal observing systems established pursuant to subsection (d); (7) prepare annual and long-term plans for the design and implementation of an integrated ocean and coastal observing system, including the regional coastal observing systems and taking into account the science and technology advances considered ready for operational status; (8) identify requirements for a common set of measurements to be collected and distributed; (9) establish standards and protocols for quality control and data management and communications, in consultation with the Joint Operations Center established pursuant to subsection (c); and (10) work with regional coastal observing entities, the National Sea Grant College Program, and other bodies as needed to assess user needs, develop data products, make effective use of existing capabilities, and incorporate new technologies, as appropriate.", "id": "H71623CDFD888437FAF234B5609BD4EB5", "header": "Functions", "nested": [], "links": [] }, { "text": "(c) Joint operations center \nThe Administrator of the National Oceanic and Atmospheric Administration, in conjunction with the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Under Secretary for Science and Technology of the Department of Homeland Security, and any other Federal agent the President considers appropriate, shall operate and maintain a joint operations center— (1) to acquire, integrate, and deploy required technologies and provide support for an ocean and coastal observing system based on annual long-term plans, developed by the National Oceanic and Atmospheric Administration; (2) to implement standards and protocols for quality control and data management and communications; (3) to migrate science and technology advancements from research and development to operational deployment based on the annual and long-term plans; (4) to integrate and extend existing programs into an operating ocean and coastal observing system based on the annual and long-term plans; (5) to coordinate the data communication and management system; and (6) to certify that regional coastal observing systems meet the standards established in subsection (d) and to ensure a periodic process for review and recertification of the regional coastal observing systems.", "id": "H8D23B5AC19DA4547BD1244C8A41297EC", "header": "Joint operations center", "nested": [], "links": [] }, { "text": "(d) Regional coastal observing systems \n(1) In general \nThe Administrator of the National Oceanic and Atmospheric Administration, through the Joint Operations Center, shall work with representatives of entities in each region that provide ocean data and information to users to form regional associations. The regional associations shall be responsible for the development and operation of observing systems in the coastal regions extending to the seaward boundary of the United States Exclusive Economic Zone, including the Great Lakes. Participation in a regional association may consist of legal entities, including research institutions, institutions of higher learning, for-profit corporations, nonprofit corporations, State, local, and regional agencies, and consortia of 2 or more such institutions or organizations, that— (A) have demonstrated an organizational structure capable of supporting and integrating all aspects of a coastal ocean observing system within a region or subregion; and (B) have prepared an acceptable business plan, including research components, and gained documented acceptance of their intended regional or subregional jurisdiction by users and other parties of interest within the region or subregion with the objectives of— (i) delivering an integrated and sustained system that meets national goals; (ii) incorporating into the system existing and appropriate regional observations collected by Federal, State, regional, or local agencies; (iii) responding to the needs of the users, including the public, within the region; (iv) maintaining sustained, 24-hour-a-day operations and disseminating observations in a manner that is routine, predictable and, if necessary, in real-time or near real-time; (v) providing services that include the collection and dissemination of data and data management for timely access to data and information; (vi) creating appropriate products that are delivered in a timely fashion to the public and others who use, or are affected by, the oceans; (vii) providing free and open access to the data collected with financial assistance under this title; and (viii) adhering to national standards and protocols to ensure that data and related products can be fully exchanged among all of the regional coastal systems and will be accessible to any user in any part of the Nation. (2) Civil liability \nFor purposes of determining the civil liability under section 2671 of title 28, United States Code, any regional observing system and any employee thereof that is designated part of a regional association under this subsection shall be deemed to be an instrumentality of the United States with respect to any act or omission committed by any such system or any employee thereof in fulfilling the purposes of this title.", "id": "H3E35D5FB71414461AC2BC3D2E17E7E58", "header": "Regional coastal observing systems", "nested": [], "links": [] }, { "text": "(e) Pilot projects \n(1) In general \nThe Administrator, in consultation with the Joint Operations Center, may initiate pilot projects. A pilot project is an organized, planned set of activities designed to provide an evaluation of technology, methods, or concepts within a defined schedule and having the goal of advancing the development of the sustained, integrated ocean observing system. The pilot projects shall— (A) develop protocols for coordinated implementation of the full system; (B) design and implement regional coastal ocean observing systems; (C) establish mechanisms for the exchange of data between and among regions and Federal agencies; (D) specify products and services and related requirements for observations, data management, and analysis in collaboration with user groups; and (E) develop and test new technologies and techniques to more effectively meet the needs of users of the system. (2) Infrastructure capital projects \nThe pilot projects shall include one or more projects to capitalize the infrastructure for the collection, management, analysis, and distribution of data and one or more projects where the basic infrastructure and institutional mechanisms already exist for ongoing coastal observations, to fund the operations necessary for the collection of the common set of observations.", "id": "H4146392A784F4554AC52F9F44BCA64C6", "header": "Pilot projects", "nested": [], "links": [] } ], "links": [] }, { "text": "504. Interagency financing \nThe departments and agencies represented on the joint operations center are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any member of the joint operations center for the purposes of carrying out any administrative or programmatic project or activity under this title.", "id": "HC77A96CB3ABB458B8E89E503A4B3224", "header": "Interagency financing", "nested": [], "links": [] }, { "text": "505. Great Lakes \nProvisions of this title relating to ocean and coastal areas shall also apply to the Great Lakes.", "id": "HD144854D812E4212AE90F483E8AC75AF", "header": "Great Lakes", "nested": [], "links": [] }, { "text": "506. Authorization of appropriations \n(a) Observing system authorization \nFor development and implementation of an integrated ocean and coastal observing system under section 503, including financial assistance to regional coastal ocean observing systems and in addition to any amounts previously authorized, there are authorized to be appropriated to— (1) the National Oceanic and Atmospheric Administration, such sums as may be necessary; (2) the National Science Foundation, such sums as may be necessary; (3) the National Aeronautics and Space Administration, such sums as may be necessary; and (4) other Federal agencies with operational coastal or ocean monitoring systems or which provide funds to States for such systems, such sums as may be necessary. (b) Regional coastal observing systems \nThe Administrator of the National Oceanic and Atmospheric Administration shall make at least 51 percent of the funds appropriated pursuant to subsection (a)(1) available as grants for the development and implementation of the regional coastal observing systems based on the plans adopted by the Council, which may be used to leverage non-Federal funds.", "id": "HD0B400A6D56747CDA186A8C89E006C44", "header": "Authorization of appropriations", "nested": [ { "text": "(a) Observing system authorization \nFor development and implementation of an integrated ocean and coastal observing system under section 503, including financial assistance to regional coastal ocean observing systems and in addition to any amounts previously authorized, there are authorized to be appropriated to— (1) the National Oceanic and Atmospheric Administration, such sums as may be necessary; (2) the National Science Foundation, such sums as may be necessary; (3) the National Aeronautics and Space Administration, such sums as may be necessary; and (4) other Federal agencies with operational coastal or ocean monitoring systems or which provide funds to States for such systems, such sums as may be necessary.", "id": "HD7C13F4C75F44FE881BD28AF39020088", "header": "Observing system authorization", "nested": [], "links": [] }, { "text": "(b) Regional coastal observing systems \nThe Administrator of the National Oceanic and Atmospheric Administration shall make at least 51 percent of the funds appropriated pursuant to subsection (a)(1) available as grants for the development and implementation of the regional coastal observing systems based on the plans adopted by the Council, which may be used to leverage non-Federal funds.", "id": "H3AAE1805CDF04149B8BFA8F3D87C1DE", "header": "Regional coastal observing systems", "nested": [], "links": [] } ], "links": [] }, { "text": "601. Short title \nThis title may be cited as the Abrupt Climate Change Research Act of 2004.", "id": "HAE36440082304E658F428CEAD431C723", "header": "Short title", "nested": [], "links": [] }, { "text": "602. Abrupt climate change research program \n(a) Establishment of program \nThe Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration, and shall carry out, a program of scientific research on abrupt climate change. (b) Purposes of program \nThe purposes of the program are as follows: (1) To develop a global array of terrestrial and oceanographic indicators of paleoclimate in order to sufficiently identify and describe past instances of abrupt climate change. (2) To improve understanding of thresholds and nonlinearities in geophysical systems related to the mechanisms of abrupt climate change. (3) To incorporate such mechanisms into advanced geophysical models of climate change. (4) To test the output of such models against an improved global array of records of past abrupt climate changes. (c) Abrupt climate change defined \nIn this section, the term abrupt climate change means a change in the climate that occurs so rapidly or unexpectedly that human or natural systems have difficulty adapting to the climate as changed.", "id": "H725F0BD256B7427A9F7E22EEEDA62757", "header": "Abrupt climate change research program", "nested": [ { "text": "(a) Establishment of program \nThe Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration, and shall carry out, a program of scientific research on abrupt climate change.", "id": "HAD2A3A46253147138DD4D6C66FFED1B7", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "(b) Purposes of program \nThe purposes of the program are as follows: (1) To develop a global array of terrestrial and oceanographic indicators of paleoclimate in order to sufficiently identify and describe past instances of abrupt climate change. (2) To improve understanding of thresholds and nonlinearities in geophysical systems related to the mechanisms of abrupt climate change. (3) To incorporate such mechanisms into advanced geophysical models of climate change. (4) To test the output of such models against an improved global array of records of past abrupt climate changes.", "id": "HF04FF068557D4E75ADB17480A5AD14D5", "header": "Purposes of program", "nested": [], "links": [] }, { "text": "(c) Abrupt climate change defined \nIn this section, the term abrupt climate change means a change in the climate that occurs so rapidly or unexpectedly that human or natural systems have difficulty adapting to the climate as changed.", "id": "H2A22E4E19C05459A9C38EB8760E47895", "header": "Abrupt climate change defined", "nested": [], "links": [] } ], "links": [] }, { "text": "603. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for such sums as may be necessary to carry out the research program required under section 602.", "id": "H41B4BB93A20C4E9BBEC9A10008D3C0CD", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "701. Short title \nThis title may be cited as the United States Weather Research Program Act of 2004.", "id": "H3C2017DCE3A84835B2C8F426BEED6500", "header": "Short title", "nested": [], "links": [] }, { "text": "702. Program focus \nThe focus of the United States Weather Research Program, an interagency program established under section 108 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 313 note), shall be on— (1) hurricanes, floods, and heavy precipitation, including both snow and rain; (2) building on existing investments, including those of the National Weather Service modernization effort, to dramatically accelerate improvement in weather forecasts; (3) providing attention and resources in areas where progress can be made quickly and where the impact will be greatest; (4) establishing goals that can be attained by leveraging the resources of several agencies and through the collaborative scientific efforts of the operational and research communities in academia and government; and (5) making research grants to universities and other research institutions.", "id": "HF964FCE2C3504E02BE838CDB82AE8341", "header": "Program focus", "nested": [], "links": [] }, { "text": "703. Program research priorities \nThe research priorities of the United States Weather Research Program shall be in the areas of— (1) hurricanes, to improve— (A) landfall location forecasts; and (B) forecasts of hurricane strength; (2) heavy precipitation, to improve forecasts of both winter storms and rain storms through better prediction of timing, location, and intensity; (3) floods, to improve— (A) flood forecasting by coupling precipitation forecasts with hydrologic prediction; and (B) forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to— (A) improve short and medium range numerical weather predictions and warnings of high-impact weather events; (B) conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere; and (C) test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to— (A) identify methods of delivering weather information effectively and recommend ways to improve weather communications; (B) assess social and economic impacts of adverse weather ranging from disastrous to routine; (C) evaluate what weather information is most useful to public and private decision makers; and (D) providing for research on societal and economic impact to ensure a connection between weather research and improvement of the human condition; and (6) testing research concepts in an environment identical to those used by operational meteorologists, to enable technology transfer to those operational meteorologists.", "id": "H55F635CB17A44C71A8F4862D8C46CE", "header": "Program research priorities", "nested": [], "links": [] }, { "text": "704. Interagency planning and process \nThe National Oceanic and Atmospheric Administration, as the lead agency of the United States Weather Research Program, shall coordinate and consult with the National Science Foundation, the National Aeronautics and Space Administration, other appropriate Federal agencies, and other appropriate entities to develop a five-year plan— (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information, as well as defining the research required to meet these needs; (3) outlining methods for dissemination of weather information to user communities; and (4) describing best practices for transferring United States Weather Research Program research results to forecasting operations.", "id": "H1982820DB5DB4B01A7DBEC1BF530A5F1", "header": "Interagency planning and process", "nested": [], "links": [] }, { "text": "705. Reporting requirements \nNot later than one year after the date of the enactment of this Act, and every 5 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include— (1) the most recent five-year plan developed or updated under section 704, including the roles and funding to be provided by various Federal agencies in achieving the objectives of the plan; (2) a justification of any changes to the plan since the last transmittal under this section; and (3) a detailed assessment of the extent to which the objectives of the plan have been achieved.", "id": "HE9E496BF5C2D49F7B6AC834732F7ACB", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "706. Authorization of appropriations \nThere are authorized to be appropriated to the Office of Atmospheric Research of the National Oceanic and Atmospheric Administration for carrying out this title such sums as may be necessary, of which at least 50 percent shall be for competitive, peer-reviewed grants to, or contracts or cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).", "id": "HF52DDEE454834E3686C7C33C9EDA98A5", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Natural Resources Committee", "Science, Space, and Technology Committee" ]

[ { "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", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Nurse Staffing Standards for Patient Safety and Quality Care Act of 2004.", "id": "H09AC74E091254965B6AE766C9B39C387", "header": "Short title", "nested": [], "links": [] }, { "text": "(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": "H44EA4180317F43A0B7E37773685B3FEF", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "H85CB96B87D964C4EBAAA1EFFF99E94D", "header": "Minimum direct care registered nurse staffing requirement", "nested": [], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "42 U.S.C. 1395b-6", "legal-doc": "usc", "parsable-cite": "usc/42/1395b-6" }, { "text": "42 U.S.C. 1395x(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(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": "HFCE3CED2CC4D4948A3F16D50E4BE7DC1", "header": "Recommendations to Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" }, { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "42 U.S.C. 1395b-6", "legal-doc": "usc", "parsable-cite": "usc/42/1395b-6" }, { "text": "42 U.S.C. 1395x(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H16CC9CA85F7643FFA1D5008B6FA87745", "header": "Staffing plan", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] }, { "text": "(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.", "id": "H6C691C59ED354CAC99DF9F5F00359CFF", "header": "Minimum direct care registered nurse-to-patient ratios", "nested": [], "links": [] }, { "text": "(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.", "id": "HD46C7BB039254C5FBDE0D503DECBF278", "header": "Development and reevaluation of staffing plan", "nested": [], "links": [] }, { "text": "(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": "H4F707854724C4F86AD2EE6B146209900", "header": "Submission of plan to Secretary", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HED557274697A4FD495CA40A0FD4F4B82", "header": "Posting requirements", "nested": [], "links": [] }, { "text": "(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 ).", "id": "H62742E699DB84E39AFA5555C2E5DDD00", "header": "Records", "nested": [], "links": [ { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] }, { "text": "(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": "HFAF9622ACFE648D1842BAD00144B7460", "header": "Audits", "nested": [], "links": [] } ], "links": [ { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] }, { "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", "nested": [ { "text": "(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).", "id": "HC74E239256AF4299A36994A9BB66C24E", "header": "Establishment", "nested": [], "links": [] }, { "text": "(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.", "id": "HA040DE0D15FC45588DFA037BB8DEE029", "header": "Study", "nested": [], "links": [] }, { "text": "(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.", "id": "HF458D1BD745A4314A9264B5F23338605", "header": "Application of registered nurse provisions to licensed practical nurse staffing requirements", "nested": [], "links": [] }, { "text": "(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": "H5C36A8C8D12F489182EA3743712258F8", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] } ], "links": [ { "text": "42 U.S.C. 1395ww(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" } ] }, { "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", "nested": [ { "text": "(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).", "id": "H7F09EB82CDE64FC6A116DA75EBF76334", "header": "Medicare reimbursement", "nested": [], "links": [] }, { "text": "(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.", "id": "H6D75E4FFB40D48C7961274A5F5ED89BC", "header": "Authorization of appropriation for federally operated hospitals", "nested": [], "links": [] }, { "text": "(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": "HBC85F3444ABF4E9EAC424810A0CCED28", "header": "MedPAC report", "nested": [], "links": [ { "text": "42 U.S.C. 1395b-6", "legal-doc": "usc", "parsable-cite": "usc/42/1395b-6" } ] } ], "links": [ { "text": "42 U.S.C. 1395b-6", "legal-doc": "usc", "parsable-cite": "usc/42/1395b-6" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HEF15E0727FF1476788E414CE82B34D8D", "header": "Refusal of assignment", "nested": [], "links": [] }, { "text": "(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).", "id": "HFE8F56D2C5FC46CEA078D4FD21738571", "header": "Retaliation for refusal of assignment barred", "nested": [], "links": [] }, { "text": "(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.", "id": "H428FECC16F57449D848246AA719B0160", "header": "Cause of action", "nested": [], "links": [] }, { "text": "(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).", "id": "H4E2A75B095414289B4C5484DEABBEAA6", "header": "Complaint to Secretary", "nested": [], "links": [] }, { "text": "(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.", "id": "H7BFB351FBDC24F198D42F1AF7FEAEBA2", "header": "Protection for reporting", "nested": [], "links": [] }, { "text": "(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).", "id": "H8A14BBB44436409AA92D81D7393CC101", "header": "Notice", "nested": [], "links": [] }, { "text": "(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": "H792EA95663A84477A6DA5CE940F53675", "header": "Effective dates", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "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", "nested": [ { "text": "(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..", "id": "HB3BDC1F080D44D1BAC74CE9F4150B138", "header": "Medicare program", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(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..", "id": "HAEF3163A18B14E9398D776778F5F89FB", "header": "Medicaid program", "nested": [], "links": [ { "text": "42 U.S.C. 1396(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(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..", "id": "H75201C2377974030BFF8F7B3DFE02BAF", "header": "Health benefits program of the Department of Veterans Affairs", "nested": [], "links": [ { "text": "Section 8110(a)", "legal-doc": "usc", "parsable-cite": "usc/38/8110" } ] }, { "text": "(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.", "id": "H63C2D1C9CBD24F46BFCB3668D0D5D5BB", "header": "Health benefits program of the Department of Defense", "nested": [], "links": [ { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" } ] }, { "text": "(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": "H2759DDA03EA048F9AFDAB019436C5452", "header": "Indian health services program", "nested": [], "links": [ { "text": "25 U.S.C. 1671 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/1671" } ] } ], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1396(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "Section 8110(a)", "legal-doc": "usc", "parsable-cite": "usc/38/8110" }, { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "25 U.S.C. 1671 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/1671" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Gun-Free Hospital Zones Act.", "id": "HD02B4E730D284C0FA9485BB20039C2C8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on the possession of a firearm in a hospital zone \n(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: (z) (1) It shall be unlawful for any person to possess a firearm that has been shipped or transported in interstate or foreign commerce, in a place that the person knows or has reasonable cause to believe is in a hospital zone. (2) Paragraph (1) shall not apply to the possession of a firearm— (A) on private property that is not on the grounds of any hospital; (B) on public property outside any building or enclosed structure, if the individual possessing the firearm is licensed to do so by the State or political subdivision in which the hospital zone is located, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; (C) by an individual in accordance with a contract entered into between the owner of a hospital in the hospital zone and the individual or an employer of the individual; or (D) by a law enforcement officer acting in his or her official capacity.. (b) Definitions \nSection 921(a) of such title is amended by adding at the end the following: (36) The term hospital zone means— (A) in or on the grounds of a public or private hospital; or (B) within 1,000 feet from the grounds of a public or private hospital. (37) The term hospital means an institution which— (A) is primarily engaged in providing, by or under the supervision of physicians, to inpatients— (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; or (B) in the case of an institution in a State in which State or applicable local law provides for the licensing of hospitals— (i) is licensed pursuant to such law; or (ii) is approved, by the agency of the State or locality responsible for licensing hospitals, as meeting the standards established for such licensing.. (c) Penalties \nSection 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 5 years, or both. Notwithstanding any other provision of law, a term of imprisonment imposed against a person under this paragraph shall not run concurrently with any other term of imprisonment imposed against the person under any other provision of law..", "id": "HDC8323780E2F487500F6F5449732C8E", "header": "Prohibition on the possession of a firearm in a hospital zone", "nested": [ { "text": "(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: (z) (1) It shall be unlawful for any person to possess a firearm that has been shipped or transported in interstate or foreign commerce, in a place that the person knows or has reasonable cause to believe is in a hospital zone. (2) Paragraph (1) shall not apply to the possession of a firearm— (A) on private property that is not on the grounds of any hospital; (B) on public property outside any building or enclosed structure, if the individual possessing the firearm is licensed to do so by the State or political subdivision in which the hospital zone is located, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; (C) by an individual in accordance with a contract entered into between the owner of a hospital in the hospital zone and the individual or an employer of the individual; or (D) by a law enforcement officer acting in his or her official capacity..", "id": "H12B28BF734D94A83B1FB17AA18B4005D", "header": "In general", "nested": [], "links": [ { "text": "Section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(b) Definitions \nSection 921(a) of such title is amended by adding at the end the following: (36) The term hospital zone means— (A) in or on the grounds of a public or private hospital; or (B) within 1,000 feet from the grounds of a public or private hospital. (37) The term hospital means an institution which— (A) is primarily engaged in providing, by or under the supervision of physicians, to inpatients— (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; or (B) in the case of an institution in a State in which State or applicable local law provides for the licensing of hospitals— (i) is licensed pursuant to such law; or (ii) is approved, by the agency of the State or locality responsible for licensing hospitals, as meeting the standards established for such licensing..", "id": "H0791D565EC564C998124CAB74753E3E1", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Penalties \nSection 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 5 years, or both. Notwithstanding any other provision of law, a term of imprisonment imposed against a person under this paragraph shall not run concurrently with any other term of imprisonment imposed against the person under any other provision of law..", "id": "H52F64E0F4F4A4DCAB6276CBA171684CB", "header": "Penalties", "nested": [], "links": [] } ], "links": [ { "text": "Section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Running of periods of limitation suspended pending service-connected compensation determinations \n(a) In general \nSection 6511 of the Internal Revenue Code of 1986 (relating to limitation on credit or refund) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Running of periods of limitation suspended pending service-connected compensation determinations \nIf the claim for credit or refund of any tax imposed by subtitle A relates to an overpayment attributable to the determination by the Secretary of Veterans Affairs that an individual is entitled to compensation under chapter 11 of title 38, United States Code, the running of the periods specified in subsections (a), (b), and (c) with respect to the individual shall be suspended during the period beginning on the date the individual submits a claim for such compensation and ending on the date of the determination by the Secretary of Veterans Affairs.. (b) Effective date \n(1) In general \nThe amendments made by this section shall apply with respect to submissions of claims for compensation under chapter 11 of title 38, United States Code, after December 31, 1995. (2) Waiver of limitations \n(A) In general \nIf the credit or refund of any overpayment of tax resulting from a determination described in subparagraph (B) is prevented at any time by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the 1-year period beginning on the date of the enactment of this Act. (B) Determination described \nA determination is described in this subparagraph if the determination is made by the Secretary of Veterans Affairs under chapter 11 of title 38, United States Code, after December 31, 1995.", "id": "H0C416DAA72AD4F2E8CEC00DDFDD9BE51", "header": "Running of periods of limitation suspended pending service-connected compensation determinations", "nested": [ { "text": "(a) In general \nSection 6511 of the Internal Revenue Code of 1986 (relating to limitation on credit or refund) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Running of periods of limitation suspended pending service-connected compensation determinations \nIf the claim for credit or refund of any tax imposed by subtitle A relates to an overpayment attributable to the determination by the Secretary of Veterans Affairs that an individual is entitled to compensation under chapter 11 of title 38, United States Code, the running of the periods specified in subsections (a), (b), and (c) with respect to the individual shall be suspended during the period beginning on the date the individual submits a claim for such compensation and ending on the date of the determination by the Secretary of Veterans Affairs..", "id": "H5494D73AA94C4D899E31217C02D1886C", "header": "In general", "nested": [], "links": [ { "text": "Section 6511", "legal-doc": "usc", "parsable-cite": "usc/26/6511" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" } ] }, { "text": "(b) Effective date \n(1) In general \nThe amendments made by this section shall apply with respect to submissions of claims for compensation under chapter 11 of title 38, United States Code, after December 31, 1995. (2) Waiver of limitations \n(A) In general \nIf the credit or refund of any overpayment of tax resulting from a determination described in subparagraph (B) is prevented at any time by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim therefor is filed before the close of the 1-year period beginning on the date of the enactment of this Act. (B) Determination described \nA determination is described in this subparagraph if the determination is made by the Secretary of Veterans Affairs under chapter 11 of title 38, United States Code, after December 31, 1995.", "id": "H6502200720C941A5BE8B892123DC00CC", "header": "Effective date", "nested": [], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" } ] } ], "links": [ { "text": "Section 6511", "legal-doc": "usc", "parsable-cite": "usc/26/6511" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Improved Distribution of Construction Payments \nSection 8007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(a) ) is amended— (1) in paragraph (1), by striking 40 percent and inserting 80 percent ; (2) in subparagraphs (A) and (B) of paragraph (2), by striking 50 percent each place it appears and inserting 40 percent ; (3) in paragraph (2) by adding at the end the following new subparagraphs: (C) The agency is eligible under section 8003(b)(2). (D) The agency is eligible under Section 8003(a)(2)(C). ; and (4) by striking paragraph (3) and inserting the following: (3) Amount of Payments \nThe amount of a payment to each local educational agency described in this subsection for a fiscal year shall be— (A) not less than the greater of the amount appropriated as provided under paragraph (1) for such fiscal year; divided by— (i) the number of children determined under subparagraphs (B), (C), and (D)(i) of section 8003(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; or (B) $25,000..", "id": "HFAE6B60D9E714336A42BCFF3C0E3A5F3", "header": "Improved Distribution of Construction Payments", "nested": [ { "text": "Section 8007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(a) ) is amended— (1) in paragraph (1), by striking 40 percent and inserting 80 percent ; (2) in subparagraphs (A) and (B) of paragraph (2), by striking 50 percent each place it appears and inserting 40 percent ; (3) in paragraph (2) by adding at the end the following new subparagraphs: (C) The agency is eligible under section 8003(b)(2). (D) The agency is eligible under Section 8003(a)(2)(C). ; and (4) by striking paragraph (3) and inserting the following: (3) Amount of Payments \nThe amount of a payment to each local educational agency described in this subsection for a fiscal year shall be— (A) not less than the greater of the amount appropriated as provided under paragraph (1) for such fiscal year; divided by— (i) the number of children determined under subparagraphs (B), (C), and (D)(i) of section 8003(a)(1) who were in average daily attendance for all local educational agencies described in paragraph (2), including the number of children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the fiscal year; multiplied by (ii) the number of children determined for such agency; or (B) $25,000..", "id": "H98EF9FF054C04CC390F5073B5229AFDD", "header": null, "nested": [], "links": [ { "text": "20 U.S.C. 7707(a)", "legal-doc": "usc", "parsable-cite": "usc/20/7707" } ] } ], "links": [ { "text": "20 U.S.C. 7707(a)", "legal-doc": "usc", "parsable-cite": "usc/20/7707" } ] }, { "text": "2. Competitive Emergency And Modernization Grants \nSection 8007(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b) ) is amended— (1) in paragraph (1) by striking 60 percent and inserting 20 percent ; (2) in paragraph (3)(C)(i)(I) by striking the agency meets at least one and all that follows, and inserting the number of children determined under section 8003(a)(1)(C) for the agency for the preceding school year constituted at least 40 percent of the total student enrollment in the schools of the agency during the preceding school year. ; (3) by striking paragraph (3)(D)(ii)(II) and inserting the following: (II) The number of children determined under section 8003(a)(1)(C) for the school for the preceding school year constituted at least 40 percent of the total student enrollment in the school during the preceding school year. ; and (4) in paragraph (4)(C) by striking (B), (C), and (D) and inserting and (C).", "id": "H374C62486FEA45DB8F19565551037405", "header": "Competitive Emergency And Modernization Grants", "nested": [], "links": [ { "text": "20 U.S.C. 7707(b)", "legal-doc": "usc", "parsable-cite": "usc/20/7707" } ] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H7DA550DBA2CD49B9B1564DF84162E29D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disclosure schedule \nParagraph (2) of section 527(j) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Required disclosure \nA political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary— (A) except as provided in subparagraph (B), monthly reports for the calendar year, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made, which shall be filed not later than the twentieth day after the last day of the month and shall be complete as of the last day of the month, (B) in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held— (i) a pre-election report, which shall be filed not later than the twelfth day before (or posted by registered or certified mail not later than the fifteenth day before) any election with respect to which the organization makes a contribution or expenditure, and which shall be complete as of the twentieth day before the election, and (ii) a post-general election report, which shall be filed not later than the thirtieth day after the general election and which shall be complete as of the twentieth day after such general election, and (C) a year end report not later than January 31 of the following calendar year.", "id": "HA0EF06E8F95D44CCB57F07605966AF39", "header": "Disclosure schedule", "nested": [], "links": [ { "text": "section 527(j)", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "3. Effective date \nThe amendment made by section 2 shall apply with respect to contributions and expenditures for exempt functions made on and after the date of enactment of this Act.", "id": "H928AE15E229849A680C56EF87C68FDD", "header": "Effective date", "nested": [], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the MMA Territorial Equity for Low-Income Individuals Act of 2004.", "id": "H9762BC1492754B16A33FE19B0C0423E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Equitable treatment of residents of territories under medicare prescription drug transitional assistance program \n(a) In general \nSubsection (b)(2)(A) of section 1860D–31 of the Social Security Act ( 42 U.S.C. 1395w–141 ) is amended by inserting after or the District of Columbia the following: or in Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (b) Conforming change in availability of funds \nSubsection (j)(2) of such section is amended— (1) by striking for the entire period of the operation of this section and inserting for 2004 ; and (2) by striking subparagraph (D). (c) Additional conforming amendments \n(1) Subsection (b) of such section is amended— (A) by adding at the end of paragraph (2)(A) the following: The poverty line to be applied under this subparagraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States. ; and (B) by adding at the end of paragraph (3) the following: The poverty line to be applied under this paragraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.. (2) Subsection (f)(3)(C)(ii) of such section is amended by striking that is one of the 50 States or the District of Columbia. (d) Effective date \nThe amendments made by this section shall take effect on January 1, 2005.", "id": "HD778D98EE8254776B4F5ECFCBBB7273D", "header": "Equitable treatment of residents of territories under medicare prescription drug transitional assistance program", "nested": [ { "text": "(a) In general \nSubsection (b)(2)(A) of section 1860D–31 of the Social Security Act ( 42 U.S.C. 1395w–141 ) is amended by inserting after or the District of Columbia the following: or in Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.", "id": "H4FA817D7042E404B96E2682C2BBFF481", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–141", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-141" } ] }, { "text": "(b) Conforming change in availability of funds \nSubsection (j)(2) of such section is amended— (1) by striking for the entire period of the operation of this section and inserting for 2004 ; and (2) by striking subparagraph (D).", "id": "H17824151206E45ED97892F24C889E5F2", "header": "Conforming change in availability of funds", "nested": [], "links": [] }, { "text": "(c) Additional conforming amendments \n(1) Subsection (b) of such section is amended— (A) by adding at the end of paragraph (2)(A) the following: The poverty line to be applied under this subparagraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States. ; and (B) by adding at the end of paragraph (3) the following: The poverty line to be applied under this paragraph to an individual residing in a territory shall be the same as the poverty line applicable to individuals residing in the continental United States.. (2) Subsection (f)(3)(C)(ii) of such section is amended by striking that is one of the 50 States or the District of Columbia.", "id": "H3184411EBC8042F49E1E8FC5A9541364", "header": "Additional conforming amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on January 1, 2005.", "id": "H171C7EED7ECB4D08AF02F2C96C7118D0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395w–141", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-141" } ] }, { "text": "3. Equitable treatment of residents of territories in premium and cost-sharing subsidies under medicare prescription drug program \n(a) In general \nSection 1860D–14(a)(3) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3) ) is amended by striking subparagraph (F). (b) Conforming amendments \n(1) Section 1935 of such Act ( 42 U.S.C. 1396v ) is amended— (A) in subsections (a) and (c)(1), by striking subject to subsection (e) ; (B) in subsection (c)(1)(A), by striking Each of the 50 States and the District of Columbia and inserting Each State ; (C) in subsection (c)(2)(A)(i), by striking and at the end of subclause (I), and by adding after subclause (II) the following new subclause: (III) in the case of a territory subject to a limitation on payments under this title under subsections (f) and (g) of section 1108, the ratio of the total amounts of the payment limitations under such subsections for such territory for fiscal year 2003, to the total amounts that would be payable to such territory under this title for such fiscal year but for such payment limitations; and ; and (D) by striking subsection (e). (2) Section 1108(f) of such Act ( 42 U.S.C. 1308(f) ) is amended by striking and section 1935(e)(1)(B). (3) Section 1860D–14(a)(3)(C) of such Act ( 42 U.S.C. 1395w–114(a)(3)(C) ) is amended by adding at the end the following: The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States.. (c) Effective date \nThe amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "HDD49C7DCB8574792AA5618F4BF689466", "header": "Equitable treatment of residents of territories in premium and cost-sharing subsidies under medicare prescription drug program", "nested": [ { "text": "(a) In general \nSection 1860D–14(a)(3) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3) ) is amended by striking subparagraph (F).", "id": "HFE6F7C09BA704CCC8BCAC092A5E9E0FC", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–114(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1935 of such Act ( 42 U.S.C. 1396v ) is amended— (A) in subsections (a) and (c)(1), by striking subject to subsection (e) ; (B) in subsection (c)(1)(A), by striking Each of the 50 States and the District of Columbia and inserting Each State ; (C) in subsection (c)(2)(A)(i), by striking and at the end of subclause (I), and by adding after subclause (II) the following new subclause: (III) in the case of a territory subject to a limitation on payments under this title under subsections (f) and (g) of section 1108, the ratio of the total amounts of the payment limitations under such subsections for such territory for fiscal year 2003, to the total amounts that would be payable to such territory under this title for such fiscal year but for such payment limitations; and ; and (D) by striking subsection (e). (2) Section 1108(f) of such Act ( 42 U.S.C. 1308(f) ) is amended by striking and section 1935(e)(1)(B). (3) Section 1860D–14(a)(3)(C) of such Act ( 42 U.S.C. 1395w–114(a)(3)(C) ) is amended by adding at the end the following: The poverty line to be applied in the territories shall be the same as the poverty line applied to States in the continental United States..", "id": "HD519C6CA8BF14B9EA7ED6DEB191600AF", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1396v", "legal-doc": "usc", "parsable-cite": "usc/42/1396v" }, { "text": "42 U.S.C. 1308(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1308" }, { "text": "42 U.S.C. 1395w–114(a)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "HA7EAEB5102EA43D9A967608219C48E84", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "42 U.S.C. 1395w–114(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "42 U.S.C. 1396v", "legal-doc": "usc", "parsable-cite": "usc/42/1396v" }, { "text": "42 U.S.C. 1308(f)", "legal-doc": "usc", "parsable-cite": "usc/42/1308" }, { "text": "42 U.S.C. 1395w–114(a)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-114" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "4. Institute of Medicine report on access of medicare beneficiaries in territories to prescription drugs \n(a) In general \nThe Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to undertake a study that examines the access of medicare beneficiaries residing in the United States territories to prescription drugs during each of 3 periods: (1) Before MMA \nThe period before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ). (2) Discount card and transitional assistance \nThe period during the implementation of the discount card and transitional assistance program (under section 1860D–31 of the Social Security Act). (3) Implementation of prescription drug benefit \nThe period beginning on January 1, 2006. (b) Report \nThe study under subsection (a) shall include a report to the Secretary, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, on the results of such study. Such report shall include information on— (1) the relative cost of prescription drugs to medicare beneficiaries residing in the territories, both retail and as affected through benefit changes effected under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ); and (2) statistical health improvements of such beneficiaries as a result of the enactment of such law.", "id": "HECD3340788E54EA4BBFB1E94F1864301", "header": "Institute of Medicine report on access of medicare beneficiaries in territories to prescription drugs", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall request the Institute of Medicine of the National Academy of Sciences to undertake a study that examines the access of medicare beneficiaries residing in the United States territories to prescription drugs during each of 3 periods: (1) Before MMA \nThe period before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ). (2) Discount card and transitional assistance \nThe period during the implementation of the discount card and transitional assistance program (under section 1860D–31 of the Social Security Act). (3) Implementation of prescription drug benefit \nThe period beginning on January 1, 2006.", "id": "H3E220BA81CD34981BEF9954229C98334", "header": "In general", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Report \nThe study under subsection (a) shall include a report to the Secretary, the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and the Committee on Finance of the Senate, on the results of such study. Such report shall include information on— (1) the relative cost of prescription drugs to medicare beneficiaries residing in the territories, both retail and as affected through benefit changes effected under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ); and (2) statistical health improvements of such beneficiaries as a result of the enactment of such law.", "id": "H5543407DE3EB4216B7A00015F1FAEA58", "header": "Report", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Keep the Promise of Medicare Act of 2004.", "id": "H60E6E60EDD084753A8A061B93FAE812", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Stabilization of medicare part b premium \nSection 1839(a)(3) of the Social Security Act ( 42 U.S.C. 1395r(a)(3) ) is amended by adding at the end the following new sentence: Notwithstanding the preceding sentences, the monthly premium rate determined under this paragraph for each month in 2005 may not exceed an amount equal to the monthly premium rate determined under this paragraph for each month in 2004 adjusted by the percentage change in the average Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W) for the third quarter of 2003 to the third quarter of 2004..", "id": "H14F553403480459799BBE0E821977EE", "header": "Stabilization of medicare part b premium", "nested": [], "links": [ { "text": "42 U.S.C. 1395r(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395r" } ] } ]

[ "Ways and Means Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Title I—Department of State Reform Sec. 101. Office of Overseas Contingencies and Stabilization and Undersecretary of State for Overseas Contingencies and Stabilization Sec. 102. Identification of weak or failing countries and categorization of country according to level of risk Sec. 103. Emergency Stabilization Operations Support Fund Title II—Department of Defense Reform Sec. 201. Regional joint interagency task forces for post-conflict reconstruction operations Title III—National Security Council Reform Sec. 301. Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination Title IV—Miscellaneous Provisions Sec. 401. Rules of construction Sec. 402. Sense of Congress", "id": "HF55B2C937A6D4EB5AC7705A9AF00C154", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "H286C16F301634BBC8D72021B9FAF6B46", "header": "Short title", "nested": [], "links": [] }, { "text": "(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—Department of State Reform Sec. 101. Office of Overseas Contingencies and Stabilization and Undersecretary of State for Overseas Contingencies and Stabilization Sec. 102. Identification of weak or failing countries and categorization of country according to level of risk Sec. 103. Emergency Stabilization Operations Support Fund Title II—Department of Defense Reform Sec. 201. Regional joint interagency task forces for post-conflict reconstruction operations Title III—National Security Council Reform Sec. 301. Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination Title IV—Miscellaneous Provisions Sec. 401. Rules of construction Sec. 402. Sense of Congress", "id": "H018BB2A8A90C455C839708C9EB7C4EC4", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The United States is engaged in a Global War on Terrorism, in which threats to the security of the United States often originate in weak or failing countries. (2) The National Security Strategy of the United States states that “the United States and countries cooperating with us must not allow the terrorists to develop new home bases”. (3) It is in the interests of the United States to develop a comprehensive framework to monitor weak or failing countries and prepare to deal effectively with these countries before they become imminent threats to the people of the United States. (4) The Department of State is uniquely equipped to communicate with other United States agencies and international organizations to plan for pre-conflict stabilization operations and post-conflict reconstruction operations in weak or failing countries, both as an alternative to military intervention and as a successor to military conflict, if such conflict becomes unavoidable. (5) Since the end of World War II, the United States has participated in reconstruction and democracy-building efforts in Germany, Japan, Somalia, Haiti, Bosnia and Herzegovina, Kosovo, Afghanistan, and Iraq, and the knowledge and experience of United States agencies, in cooperation with international organizations, was critical to successfully providing security and humanitarian relief and establishing the rule of law in these countries and regions. (6) The ability of the Department of Defense, the Department of State, the National Security Council, and various international organizations to coordinate and cooperate effectively to deal with emerging threats is essential for enhancing the ability of the United States and its allies to win the Global War on Terrorism (7) A 2003 report from the RAND Corporation states post-conflict stabilization and reconstruction with the objective of promoting a transition to democracy appear to be the inescapable responsibility of the world’s only superpower. Therefore... the United States ought to make the smaller long-term investments in its own institutional capacity to conduct such operations.", "id": "H140C53C033A3466086467EF5B564CB24", "header": "Findings", "nested": [], "links": [] }, { "text": "101. Office of Overseas Contingencies and Stabilization and Undersecretary of State for Overseas Contingencies and Stabilization \n(a) Establishment \nThe State Department Basic Authorities Act of 1956 is amended by adding after section 58 ( 22 U.S.C. 2730 ) the following new section: 59. Overseas contingencies and stabilization \n(a) Office of Overseas Contingencies and Stabilization \n(1) Establishment of Office \nThe Secretary shall establish within the Department of State an Office of Overseas Contingencies and Stabilization. (2) Purpose of Office \nThe Office shall have primary responsibility for planning and administering non-military aspects of overseas contingency operations, including pre-conflict stabilization operations and post-conflict reconstruction operations, in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (3) Head of Office \nThe head of the Office shall be the Undersecretary for Overseas Contingencies and Stabilization. The President shall appoint the Undersecretary, by and with the advice and consent of the Senate. (b) Organization of Office \n(1) Three bureaus \nThe Office shall be organized into three bureaus, as follows: (A) The Bureau of Contingency Planning. (B) The Bureau of Contingency Training. (C) The Bureau of Contingency Coordination. (2) Head of bureaus \nThe head of each bureau shall be an Assistant Secretary. The President shall appoint the Assistant Secretaries, by and with the advice and consent of the Senate. (c) Bureau of Contingency Planning \nThe Bureau of Contingency Planning shall be responsible for— (1) coordinating with the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ), in the identification of countries as weak or failing under section 60; (2) monitoring political and economic developments in such countries; (3) preparing pre-conflict stabilization operations to address the dangers specified in section 60(a)(1) associated with such countries; and (4) preparing post-conflict reconstruction operations, including operations relating to civil and political affairs, for countries in which the United States participates or may participate in a pre-conflict stabilization operation or a post-conflict reconstruction operation. (d) Bureau of Contingency Training \nThe Bureau of Contingency Training shall be responsible for— (1) training members of the Federal Government for overseas pre-conflict stabilization operations and post-conflict reconstruction operations in weak or failing countries identified under section 60; (2) administering the International Contingency Training Center established under subsection (f); and (3) administering the Civilian Overseas Contingency Force established under section (g) and maintaining the International Contingency Personnel Database established under subsection (h). (e) Bureau of Contingency Coordination \nThe Bureau of Contingency Coordination shall serve as the permanent liaison between the Office and— (1) the Department of Defense and other relevant departments; (2) the Central Intelligence Agency and other relevant elements of the intelligence community; (3) the United Nations and the North Atlantic Treaty Organization and other relevant international governmental organizations; and (4) relevant non-governmental organizations. (f) International Contingency Training Center \n(1) Establishment \nThe Undersecretary shall establish within the Bureau of Contingency Training an International Contingency Training Center. (2) Duties \nThe Center shall be responsible for— (A) conducting inter-agency training, including training related to inter-agency decision-making, operational planning, and execution simulations, for mid-level Government officials and managers to prepare these officials and managers to address complex overseas contingencies, including pre-conflict stabilization operations and post-conflict reconstruction operations; (B) conducting advanced training related to pre-conflict stabilization operations and post-conflict reconstruction operations for members of the Civilian Overseas Contingency Force; (C) conducting pre-deployment training related to pre-conflict stabilization operations and post-conflict reconstruction operations for civilians and military-civil affairs personnel; (D) conducting exercises related to pre-conflict stabilization operations and post-conflict reconstruction operations for United States and international experts; (E) developing a uniform set of operating procedures for pre-conflict stabilization operations and post-conflict reconstruction operations; and (F) conducting on-going evaluations and after-action reviews of pre-conflict stabilization operations and post-conflict reconstruction operations. (3) Location \n(A) Determination by Undersecretary \nThe Center shall be located at a site the Undersecretary determines to be appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (B) Military and other facilities \nIn making the determination under subparagraph (A), the Undersecretary shall consider military installations and other existing Government facilities that satisfy the needs of the Center. (C) Report \nNot later than one year from the date of the enactment of the , the Undersecretary shall submit to the appropriate congressional committees a report recommending a site for the location of the Center. (4) Support \nThe Assistant Secretary for Contingency Training shall provide the Center with such staff and resources as the Assistant Secretary considers necessary and appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (g) Civilian Overseas Contingency Force \n(1) Establishment and purpose \nThe Undersecretary shall establish within the Bureau of Contingency Training a Civilian Overseas Contingency Force intended to provide a ready source of volunteers who can provide in-country assistance in support of pre-conflict stabilization operations and post-conflict reconstruction operations carried out by the Office in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (2) Authority \n(A) Country of impending risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of impending risk if the President determines that such deployment is likely to— (i) prevent the country from satisfying any of the criteria specified in section 60(a)(1), if the country does not satisfy any of the criteria at the time of the appointment of a Special Coordinator under section 60(g) for the country; or (ii) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment (B) Country of immediate risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of immediate risk if the President determines that such deployment is likely to— (i) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1); and (ii) allow the President to remove the country from the list of countries the President considers to be a national security priority. (3) Composition \n(A) Volunteers \nThe Force shall be composed of volunteers selected by the Undersecretary, and may include— (i) individuals who are Federal employees or former employees of the executive, legislative, or judicial branches; (ii) individuals who are retired or former members of the uniformed services; (iii) individuals from the United States or foreign academic community; (iv) individuals from United States or foreign non-governmental organizations; and (v) such other individuals from the United States or foreign countries as the Undersecretary considers necessary and appropriate to satisfy the needs of the Force under this subsection. (B) Relevant expertise or experience required \nVolunteers selected under subparagraph (A) shall possess expertise in or experience related to pre-conflict stabilization operations and post-conflict reconstruction operations, including individuals who possess expertise or experience as— (i) members of the judiciary; (ii) members of a police force; (iii) health workers; (iv) penal officers; (v) civil planners or administrators; (vi) attorneys; (vii) constitutional experts; (viii) civil engineers; (ix) construction workers; or (x) members of the financial services sector. (4) Advanced training \nThe Assistant Secretary for Contingency Training shall utilize the International Contingency Training Center to provide members of the Force with such advanced training in pre-conflict stabilization operations and post-conflict reconstruction operations as the Assistant Secretary considers necessary and appropriate to maintain the operational readiness of the Force. (5) Limitation on deployment \n(A) Limitation \nA member of the Force may not be deployed to one or more countries of impending risk or countries of immediate risk for more than 365 days during any two-year period, as calculated from the date of the initial deployment of the member to any such country, unless the member consents to a longer deployment. (B) Treatment of advanced training \nTraining provided to a member of the Force under paragraph (4) shall not be counted for purposes of applying the limitation on deployment described in subparagraph (A). (6) Compensation \nAlthough members of the Force are volunteers, the Undersecretary shall compensate members of the Force during periods of training and deployment in accordance with— (A) the appropriate salary class for the Foreign Service, as set forth in sections 402 and 403 of the Foreign Service Act of 1980 (22 U.S.C. 3962 and 3963); or (B) the relevant authority under sections 3101 and 3392 of title 5, United States Code. (7) Extension of certain Foreign Service benefits \nThe Undersecretary may extend to any member of the Force who is deployed in support of a pre-conflict stabilization operation or a post-conflict reconstruction operation the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 3972 , 3973, 4024, and 4081) to the same extent and in the same manner that such benefits and privileges are extended to members of the Foreign Service. (8) Employment and reemployment rights \nMembers of the Force shall be treated as members of the uniformed services, as defined in section 4303(16) of title 38, United States Code, for purposes of employment and reemployment rights under subchapters I and II of chapter 43 of such title. (9) Non-Force personnel \n(A) Contracting authority \nThe Undersecretary may procure the services of individuals or organizations by contract to assist the Office in any pre-conflict stabilization operation or post-conflict reconstruction operation in which the Office may be involved. Individuals performing services related to such assistance shall not by virtue of such performance be considered employees of the United States for purposes of any law administered by the Office of Personnel Management (except that the Undersecretary may determine the applicability to such individuals of any law administered by the Undersecretary concerning such performance by such individuals). (B) Experts and consultants \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, and to the extent necessary to obtain without undue delay necessary services considered by the Undersecretary to be relevant to the success of such operation, the Undersecretary may procure the services of experts and consultants under section 3109 of title 5, United States Code. (C) Authority to accept and assign details \nThe Undersecretary may accept details or assignments of employees of the executive, legislative, or judicial branches, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to satisfy the needs of the Office. The assignment of an employee of a State or local government under this subsection shall be consistent with subchapter VI of chapter 33 of title 5, United States Code. (D) Acceptance of unpaid volunteer services \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, the Undersecretary may accept the services of certain individuals to assist the Office in the administration of such operations without regard to section 1342 of title 31, United States Code. Individuals providing such services shall be uncompensated. (10) Supervision and treatment of Force and non-Force personnel \n(A) Supervision \nThe Undersecretary shall— (i) ensure that members of the Force and non-Force personnel under paragraph (9) are notified of the scope of the services accepted pursuant to such paragraph; (ii) supervise the non-Force personnel to the same extent as Federal employees performing similar services; and (iii) ensure that a non-Force individual has appropriate credentials or is otherwise qualified to perform in the capacity for which the services of such individual are accepted. (B) Applicability of provisions relating to Federal employees \nMembers of the Force or non-Force personnel under paragraph (9) who are not Federal employees shall not be considered as Federal employees by reason of the performance of services, except for the purposes of the following provisions of the United States Code: (i) Chapter 81 of title 5, relating to compensation for work-related injuries. (ii) Chapter 171 of title 28, relating to tort claims. (iii) Chapter 11 of title 18, relating to conflicts of interest. (11) Database of civilian volunteers and other individuals \nThe Undersecretary shall establish within the Bureau a database of members of the Force and such other non-Force individuals with relevant experience or expertise related to pre-conflict stabilization operations and post-conflict reconstruction operations as the Undersecretary determines necessary and appropriate to satisfy the needs of the Force under this subsection.. (b) Number of Undersecretaries and Assistant Secretaries \n(1) State Department Basic Authorities Act of 1956 \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (A) in subsection (b)(1), relating to the number of Under Secretaries, by striking 6 and inserting 7 ; and (B) in subsection (c)(1), relating to the number of Assistant Secretaries, by striking 24 and inserting 27. (2) Title 5, United States Code \nTitle 5, United States Code, is amended— (A) in section 5314, relating to compensation at level III of the Executive Schedule, by striking (6) in the item relating to Under Secretaries of State and inserting (7) ; and (B) in section 5315, relating to compensation at level IV of the Executive Schedule, by striking (24) in the item relating to Assistant Secretaries of State and inserting (27).", "id": "H78E7575D1BD2463599559843BA53CB60", "header": "Office of Overseas Contingencies and Stabilization and Undersecretary of State for Overseas Contingencies and Stabilization", "nested": [ { "text": "(a) Establishment \nThe State Department Basic Authorities Act of 1956 is amended by adding after section 58 ( 22 U.S.C. 2730 ) the following new section: 59. Overseas contingencies and stabilization \n(a) Office of Overseas Contingencies and Stabilization \n(1) Establishment of Office \nThe Secretary shall establish within the Department of State an Office of Overseas Contingencies and Stabilization. (2) Purpose of Office \nThe Office shall have primary responsibility for planning and administering non-military aspects of overseas contingency operations, including pre-conflict stabilization operations and post-conflict reconstruction operations, in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (3) Head of Office \nThe head of the Office shall be the Undersecretary for Overseas Contingencies and Stabilization. The President shall appoint the Undersecretary, by and with the advice and consent of the Senate. (b) Organization of Office \n(1) Three bureaus \nThe Office shall be organized into three bureaus, as follows: (A) The Bureau of Contingency Planning. (B) The Bureau of Contingency Training. (C) The Bureau of Contingency Coordination. (2) Head of bureaus \nThe head of each bureau shall be an Assistant Secretary. The President shall appoint the Assistant Secretaries, by and with the advice and consent of the Senate. (c) Bureau of Contingency Planning \nThe Bureau of Contingency Planning shall be responsible for— (1) coordinating with the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ), in the identification of countries as weak or failing under section 60; (2) monitoring political and economic developments in such countries; (3) preparing pre-conflict stabilization operations to address the dangers specified in section 60(a)(1) associated with such countries; and (4) preparing post-conflict reconstruction operations, including operations relating to civil and political affairs, for countries in which the United States participates or may participate in a pre-conflict stabilization operation or a post-conflict reconstruction operation. (d) Bureau of Contingency Training \nThe Bureau of Contingency Training shall be responsible for— (1) training members of the Federal Government for overseas pre-conflict stabilization operations and post-conflict reconstruction operations in weak or failing countries identified under section 60; (2) administering the International Contingency Training Center established under subsection (f); and (3) administering the Civilian Overseas Contingency Force established under section (g) and maintaining the International Contingency Personnel Database established under subsection (h). (e) Bureau of Contingency Coordination \nThe Bureau of Contingency Coordination shall serve as the permanent liaison between the Office and— (1) the Department of Defense and other relevant departments; (2) the Central Intelligence Agency and other relevant elements of the intelligence community; (3) the United Nations and the North Atlantic Treaty Organization and other relevant international governmental organizations; and (4) relevant non-governmental organizations. (f) International Contingency Training Center \n(1) Establishment \nThe Undersecretary shall establish within the Bureau of Contingency Training an International Contingency Training Center. (2) Duties \nThe Center shall be responsible for— (A) conducting inter-agency training, including training related to inter-agency decision-making, operational planning, and execution simulations, for mid-level Government officials and managers to prepare these officials and managers to address complex overseas contingencies, including pre-conflict stabilization operations and post-conflict reconstruction operations; (B) conducting advanced training related to pre-conflict stabilization operations and post-conflict reconstruction operations for members of the Civilian Overseas Contingency Force; (C) conducting pre-deployment training related to pre-conflict stabilization operations and post-conflict reconstruction operations for civilians and military-civil affairs personnel; (D) conducting exercises related to pre-conflict stabilization operations and post-conflict reconstruction operations for United States and international experts; (E) developing a uniform set of operating procedures for pre-conflict stabilization operations and post-conflict reconstruction operations; and (F) conducting on-going evaluations and after-action reviews of pre-conflict stabilization operations and post-conflict reconstruction operations. (3) Location \n(A) Determination by Undersecretary \nThe Center shall be located at a site the Undersecretary determines to be appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (B) Military and other facilities \nIn making the determination under subparagraph (A), the Undersecretary shall consider military installations and other existing Government facilities that satisfy the needs of the Center. (C) Report \nNot later than one year from the date of the enactment of the , the Undersecretary shall submit to the appropriate congressional committees a report recommending a site for the location of the Center. (4) Support \nThe Assistant Secretary for Contingency Training shall provide the Center with such staff and resources as the Assistant Secretary considers necessary and appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (g) Civilian Overseas Contingency Force \n(1) Establishment and purpose \nThe Undersecretary shall establish within the Bureau of Contingency Training a Civilian Overseas Contingency Force intended to provide a ready source of volunteers who can provide in-country assistance in support of pre-conflict stabilization operations and post-conflict reconstruction operations carried out by the Office in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (2) Authority \n(A) Country of impending risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of impending risk if the President determines that such deployment is likely to— (i) prevent the country from satisfying any of the criteria specified in section 60(a)(1), if the country does not satisfy any of the criteria at the time of the appointment of a Special Coordinator under section 60(g) for the country; or (ii) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment (B) Country of immediate risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of immediate risk if the President determines that such deployment is likely to— (i) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1); and (ii) allow the President to remove the country from the list of countries the President considers to be a national security priority. (3) Composition \n(A) Volunteers \nThe Force shall be composed of volunteers selected by the Undersecretary, and may include— (i) individuals who are Federal employees or former employees of the executive, legislative, or judicial branches; (ii) individuals who are retired or former members of the uniformed services; (iii) individuals from the United States or foreign academic community; (iv) individuals from United States or foreign non-governmental organizations; and (v) such other individuals from the United States or foreign countries as the Undersecretary considers necessary and appropriate to satisfy the needs of the Force under this subsection. (B) Relevant expertise or experience required \nVolunteers selected under subparagraph (A) shall possess expertise in or experience related to pre-conflict stabilization operations and post-conflict reconstruction operations, including individuals who possess expertise or experience as— (i) members of the judiciary; (ii) members of a police force; (iii) health workers; (iv) penal officers; (v) civil planners or administrators; (vi) attorneys; (vii) constitutional experts; (viii) civil engineers; (ix) construction workers; or (x) members of the financial services sector. (4) Advanced training \nThe Assistant Secretary for Contingency Training shall utilize the International Contingency Training Center to provide members of the Force with such advanced training in pre-conflict stabilization operations and post-conflict reconstruction operations as the Assistant Secretary considers necessary and appropriate to maintain the operational readiness of the Force. (5) Limitation on deployment \n(A) Limitation \nA member of the Force may not be deployed to one or more countries of impending risk or countries of immediate risk for more than 365 days during any two-year period, as calculated from the date of the initial deployment of the member to any such country, unless the member consents to a longer deployment. (B) Treatment of advanced training \nTraining provided to a member of the Force under paragraph (4) shall not be counted for purposes of applying the limitation on deployment described in subparagraph (A). (6) Compensation \nAlthough members of the Force are volunteers, the Undersecretary shall compensate members of the Force during periods of training and deployment in accordance with— (A) the appropriate salary class for the Foreign Service, as set forth in sections 402 and 403 of the Foreign Service Act of 1980 (22 U.S.C. 3962 and 3963); or (B) the relevant authority under sections 3101 and 3392 of title 5, United States Code. (7) Extension of certain Foreign Service benefits \nThe Undersecretary may extend to any member of the Force who is deployed in support of a pre-conflict stabilization operation or a post-conflict reconstruction operation the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 3972 , 3973, 4024, and 4081) to the same extent and in the same manner that such benefits and privileges are extended to members of the Foreign Service. (8) Employment and reemployment rights \nMembers of the Force shall be treated as members of the uniformed services, as defined in section 4303(16) of title 38, United States Code, for purposes of employment and reemployment rights under subchapters I and II of chapter 43 of such title. (9) Non-Force personnel \n(A) Contracting authority \nThe Undersecretary may procure the services of individuals or organizations by contract to assist the Office in any pre-conflict stabilization operation or post-conflict reconstruction operation in which the Office may be involved. Individuals performing services related to such assistance shall not by virtue of such performance be considered employees of the United States for purposes of any law administered by the Office of Personnel Management (except that the Undersecretary may determine the applicability to such individuals of any law administered by the Undersecretary concerning such performance by such individuals). (B) Experts and consultants \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, and to the extent necessary to obtain without undue delay necessary services considered by the Undersecretary to be relevant to the success of such operation, the Undersecretary may procure the services of experts and consultants under section 3109 of title 5, United States Code. (C) Authority to accept and assign details \nThe Undersecretary may accept details or assignments of employees of the executive, legislative, or judicial branches, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to satisfy the needs of the Office. The assignment of an employee of a State or local government under this subsection shall be consistent with subchapter VI of chapter 33 of title 5, United States Code. (D) Acceptance of unpaid volunteer services \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, the Undersecretary may accept the services of certain individuals to assist the Office in the administration of such operations without regard to section 1342 of title 31, United States Code. Individuals providing such services shall be uncompensated. (10) Supervision and treatment of Force and non-Force personnel \n(A) Supervision \nThe Undersecretary shall— (i) ensure that members of the Force and non-Force personnel under paragraph (9) are notified of the scope of the services accepted pursuant to such paragraph; (ii) supervise the non-Force personnel to the same extent as Federal employees performing similar services; and (iii) ensure that a non-Force individual has appropriate credentials or is otherwise qualified to perform in the capacity for which the services of such individual are accepted. (B) Applicability of provisions relating to Federal employees \nMembers of the Force or non-Force personnel under paragraph (9) who are not Federal employees shall not be considered as Federal employees by reason of the performance of services, except for the purposes of the following provisions of the United States Code: (i) Chapter 81 of title 5, relating to compensation for work-related injuries. (ii) Chapter 171 of title 28, relating to tort claims. (iii) Chapter 11 of title 18, relating to conflicts of interest. (11) Database of civilian volunteers and other individuals \nThe Undersecretary shall establish within the Bureau a database of members of the Force and such other non-Force individuals with relevant experience or expertise related to pre-conflict stabilization operations and post-conflict reconstruction operations as the Undersecretary determines necessary and appropriate to satisfy the needs of the Force under this subsection..", "id": "HE95D581308414BAF962B00813FD3278", "header": "Establishment", "nested": [], "links": [ { "text": "22 U.S.C. 2730", "legal-doc": "usc", "parsable-cite": "usc/22/2730" }, { "text": "50 U.S.C. 401a(4)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "22 U.S.C. 3972", "legal-doc": "usc", "parsable-cite": "usc/22/3972" }, { "text": "section 4303(16)", "legal-doc": "usc", "parsable-cite": "usc/38/4303" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" }, { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" }, { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "(b) Number of Undersecretaries and Assistant Secretaries \n(1) State Department Basic Authorities Act of 1956 \nSection 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (A) in subsection (b)(1), relating to the number of Under Secretaries, by striking 6 and inserting 7 ; and (B) in subsection (c)(1), relating to the number of Assistant Secretaries, by striking 24 and inserting 27. (2) Title 5, United States Code \nTitle 5, United States Code, is amended— (A) in section 5314, relating to compensation at level III of the Executive Schedule, by striking (6) in the item relating to Under Secretaries of State and inserting (7) ; and (B) in section 5315, relating to compensation at level IV of the Executive Schedule, by striking (24) in the item relating to Assistant Secretaries of State and inserting (27).", "id": "HD90E0B088F4343418D178CDB4001801", "header": "Number of Undersecretaries and Assistant Secretaries", "nested": [], "links": [ { "text": "22 U.S.C. 2651a", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] } ], "links": [ { "text": "22 U.S.C. 2730", "legal-doc": "usc", "parsable-cite": "usc/22/2730" }, { "text": "50 U.S.C. 401a(4)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "22 U.S.C. 3972", "legal-doc": "usc", "parsable-cite": "usc/22/3972" }, { "text": "section 4303(16)", "legal-doc": "usc", "parsable-cite": "usc/38/4303" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" }, { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" }, { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" }, { "text": "22 U.S.C. 2651a", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "59. Overseas contingencies and stabilization \n(a) Office of Overseas Contingencies and Stabilization \n(1) Establishment of Office \nThe Secretary shall establish within the Department of State an Office of Overseas Contingencies and Stabilization. (2) Purpose of Office \nThe Office shall have primary responsibility for planning and administering non-military aspects of overseas contingency operations, including pre-conflict stabilization operations and post-conflict reconstruction operations, in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (3) Head of Office \nThe head of the Office shall be the Undersecretary for Overseas Contingencies and Stabilization. The President shall appoint the Undersecretary, by and with the advice and consent of the Senate. (b) Organization of Office \n(1) Three bureaus \nThe Office shall be organized into three bureaus, as follows: (A) The Bureau of Contingency Planning. (B) The Bureau of Contingency Training. (C) The Bureau of Contingency Coordination. (2) Head of bureaus \nThe head of each bureau shall be an Assistant Secretary. The President shall appoint the Assistant Secretaries, by and with the advice and consent of the Senate. (c) Bureau of Contingency Planning \nThe Bureau of Contingency Planning shall be responsible for— (1) coordinating with the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ), in the identification of countries as weak or failing under section 60; (2) monitoring political and economic developments in such countries; (3) preparing pre-conflict stabilization operations to address the dangers specified in section 60(a)(1) associated with such countries; and (4) preparing post-conflict reconstruction operations, including operations relating to civil and political affairs, for countries in which the United States participates or may participate in a pre-conflict stabilization operation or a post-conflict reconstruction operation. (d) Bureau of Contingency Training \nThe Bureau of Contingency Training shall be responsible for— (1) training members of the Federal Government for overseas pre-conflict stabilization operations and post-conflict reconstruction operations in weak or failing countries identified under section 60; (2) administering the International Contingency Training Center established under subsection (f); and (3) administering the Civilian Overseas Contingency Force established under section (g) and maintaining the International Contingency Personnel Database established under subsection (h). (e) Bureau of Contingency Coordination \nThe Bureau of Contingency Coordination shall serve as the permanent liaison between the Office and— (1) the Department of Defense and other relevant departments; (2) the Central Intelligence Agency and other relevant elements of the intelligence community; (3) the United Nations and the North Atlantic Treaty Organization and other relevant international governmental organizations; and (4) relevant non-governmental organizations. (f) International Contingency Training Center \n(1) Establishment \nThe Undersecretary shall establish within the Bureau of Contingency Training an International Contingency Training Center. (2) Duties \nThe Center shall be responsible for— (A) conducting inter-agency training, including training related to inter-agency decision-making, operational planning, and execution simulations, for mid-level Government officials and managers to prepare these officials and managers to address complex overseas contingencies, including pre-conflict stabilization operations and post-conflict reconstruction operations; (B) conducting advanced training related to pre-conflict stabilization operations and post-conflict reconstruction operations for members of the Civilian Overseas Contingency Force; (C) conducting pre-deployment training related to pre-conflict stabilization operations and post-conflict reconstruction operations for civilians and military-civil affairs personnel; (D) conducting exercises related to pre-conflict stabilization operations and post-conflict reconstruction operations for United States and international experts; (E) developing a uniform set of operating procedures for pre-conflict stabilization operations and post-conflict reconstruction operations; and (F) conducting on-going evaluations and after-action reviews of pre-conflict stabilization operations and post-conflict reconstruction operations. (3) Location \n(A) Determination by Undersecretary \nThe Center shall be located at a site the Undersecretary determines to be appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (B) Military and other facilities \nIn making the determination under subparagraph (A), the Undersecretary shall consider military installations and other existing Government facilities that satisfy the needs of the Center. (C) Report \nNot later than one year from the date of the enactment of the , the Undersecretary shall submit to the appropriate congressional committees a report recommending a site for the location of the Center. (4) Support \nThe Assistant Secretary for Contingency Training shall provide the Center with such staff and resources as the Assistant Secretary considers necessary and appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (g) Civilian Overseas Contingency Force \n(1) Establishment and purpose \nThe Undersecretary shall establish within the Bureau of Contingency Training a Civilian Overseas Contingency Force intended to provide a ready source of volunteers who can provide in-country assistance in support of pre-conflict stabilization operations and post-conflict reconstruction operations carried out by the Office in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (2) Authority \n(A) Country of impending risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of impending risk if the President determines that such deployment is likely to— (i) prevent the country from satisfying any of the criteria specified in section 60(a)(1), if the country does not satisfy any of the criteria at the time of the appointment of a Special Coordinator under section 60(g) for the country; or (ii) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment (B) Country of immediate risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of immediate risk if the President determines that such deployment is likely to— (i) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1); and (ii) allow the President to remove the country from the list of countries the President considers to be a national security priority. (3) Composition \n(A) Volunteers \nThe Force shall be composed of volunteers selected by the Undersecretary, and may include— (i) individuals who are Federal employees or former employees of the executive, legislative, or judicial branches; (ii) individuals who are retired or former members of the uniformed services; (iii) individuals from the United States or foreign academic community; (iv) individuals from United States or foreign non-governmental organizations; and (v) such other individuals from the United States or foreign countries as the Undersecretary considers necessary and appropriate to satisfy the needs of the Force under this subsection. (B) Relevant expertise or experience required \nVolunteers selected under subparagraph (A) shall possess expertise in or experience related to pre-conflict stabilization operations and post-conflict reconstruction operations, including individuals who possess expertise or experience as— (i) members of the judiciary; (ii) members of a police force; (iii) health workers; (iv) penal officers; (v) civil planners or administrators; (vi) attorneys; (vii) constitutional experts; (viii) civil engineers; (ix) construction workers; or (x) members of the financial services sector. (4) Advanced training \nThe Assistant Secretary for Contingency Training shall utilize the International Contingency Training Center to provide members of the Force with such advanced training in pre-conflict stabilization operations and post-conflict reconstruction operations as the Assistant Secretary considers necessary and appropriate to maintain the operational readiness of the Force. (5) Limitation on deployment \n(A) Limitation \nA member of the Force may not be deployed to one or more countries of impending risk or countries of immediate risk for more than 365 days during any two-year period, as calculated from the date of the initial deployment of the member to any such country, unless the member consents to a longer deployment. (B) Treatment of advanced training \nTraining provided to a member of the Force under paragraph (4) shall not be counted for purposes of applying the limitation on deployment described in subparagraph (A). (6) Compensation \nAlthough members of the Force are volunteers, the Undersecretary shall compensate members of the Force during periods of training and deployment in accordance with— (A) the appropriate salary class for the Foreign Service, as set forth in sections 402 and 403 of the Foreign Service Act of 1980 (22 U.S.C. 3962 and 3963); or (B) the relevant authority under sections 3101 and 3392 of title 5, United States Code. (7) Extension of certain Foreign Service benefits \nThe Undersecretary may extend to any member of the Force who is deployed in support of a pre-conflict stabilization operation or a post-conflict reconstruction operation the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 3972 , 3973, 4024, and 4081) to the same extent and in the same manner that such benefits and privileges are extended to members of the Foreign Service. (8) Employment and reemployment rights \nMembers of the Force shall be treated as members of the uniformed services, as defined in section 4303(16) of title 38, United States Code, for purposes of employment and reemployment rights under subchapters I and II of chapter 43 of such title. (9) Non-Force personnel \n(A) Contracting authority \nThe Undersecretary may procure the services of individuals or organizations by contract to assist the Office in any pre-conflict stabilization operation or post-conflict reconstruction operation in which the Office may be involved. Individuals performing services related to such assistance shall not by virtue of such performance be considered employees of the United States for purposes of any law administered by the Office of Personnel Management (except that the Undersecretary may determine the applicability to such individuals of any law administered by the Undersecretary concerning such performance by such individuals). (B) Experts and consultants \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, and to the extent necessary to obtain without undue delay necessary services considered by the Undersecretary to be relevant to the success of such operation, the Undersecretary may procure the services of experts and consultants under section 3109 of title 5, United States Code. (C) Authority to accept and assign details \nThe Undersecretary may accept details or assignments of employees of the executive, legislative, or judicial branches, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to satisfy the needs of the Office. The assignment of an employee of a State or local government under this subsection shall be consistent with subchapter VI of chapter 33 of title 5, United States Code. (D) Acceptance of unpaid volunteer services \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, the Undersecretary may accept the services of certain individuals to assist the Office in the administration of such operations without regard to section 1342 of title 31, United States Code. Individuals providing such services shall be uncompensated. (10) Supervision and treatment of Force and non-Force personnel \n(A) Supervision \nThe Undersecretary shall— (i) ensure that members of the Force and non-Force personnel under paragraph (9) are notified of the scope of the services accepted pursuant to such paragraph; (ii) supervise the non-Force personnel to the same extent as Federal employees performing similar services; and (iii) ensure that a non-Force individual has appropriate credentials or is otherwise qualified to perform in the capacity for which the services of such individual are accepted. (B) Applicability of provisions relating to Federal employees \nMembers of the Force or non-Force personnel under paragraph (9) who are not Federal employees shall not be considered as Federal employees by reason of the performance of services, except for the purposes of the following provisions of the United States Code: (i) Chapter 81 of title 5, relating to compensation for work-related injuries. (ii) Chapter 171 of title 28, relating to tort claims. (iii) Chapter 11 of title 18, relating to conflicts of interest. (11) Database of civilian volunteers and other individuals \nThe Undersecretary shall establish within the Bureau a database of members of the Force and such other non-Force individuals with relevant experience or expertise related to pre-conflict stabilization operations and post-conflict reconstruction operations as the Undersecretary determines necessary and appropriate to satisfy the needs of the Force under this subsection.", "id": "HC71D0B7FE5414E1D8555E01F3500F568", "header": "Overseas contingencies and stabilization", "nested": [ { "text": "(a) Office of Overseas Contingencies and Stabilization \n(1) Establishment of Office \nThe Secretary shall establish within the Department of State an Office of Overseas Contingencies and Stabilization. (2) Purpose of Office \nThe Office shall have primary responsibility for planning and administering non-military aspects of overseas contingency operations, including pre-conflict stabilization operations and post-conflict reconstruction operations, in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (3) Head of Office \nThe head of the Office shall be the Undersecretary for Overseas Contingencies and Stabilization. The President shall appoint the Undersecretary, by and with the advice and consent of the Senate.", "id": "HE9D3F76204644185BDCC83015E2E624", "header": "Office of Overseas Contingencies and Stabilization", "nested": [], "links": [] }, { "text": "(b) Organization of Office \n(1) Three bureaus \nThe Office shall be organized into three bureaus, as follows: (A) The Bureau of Contingency Planning. (B) The Bureau of Contingency Training. (C) The Bureau of Contingency Coordination. (2) Head of bureaus \nThe head of each bureau shall be an Assistant Secretary. The President shall appoint the Assistant Secretaries, by and with the advice and consent of the Senate.", "id": "HCA73977ADE94458495E0384CAA5363E", "header": "Organization of Office", "nested": [], "links": [] }, { "text": "(c) Bureau of Contingency Planning \nThe Bureau of Contingency Planning shall be responsible for— (1) coordinating with the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ), in the identification of countries as weak or failing under section 60; (2) monitoring political and economic developments in such countries; (3) preparing pre-conflict stabilization operations to address the dangers specified in section 60(a)(1) associated with such countries; and (4) preparing post-conflict reconstruction operations, including operations relating to civil and political affairs, for countries in which the United States participates or may participate in a pre-conflict stabilization operation or a post-conflict reconstruction operation.", "id": "H2D3676A6E10E4E6F9068D08B91C4476B", "header": "Bureau of Contingency Planning", "nested": [], "links": [ { "text": "50 U.S.C. 401a(4)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] }, { "text": "(d) Bureau of Contingency Training \nThe Bureau of Contingency Training shall be responsible for— (1) training members of the Federal Government for overseas pre-conflict stabilization operations and post-conflict reconstruction operations in weak or failing countries identified under section 60; (2) administering the International Contingency Training Center established under subsection (f); and (3) administering the Civilian Overseas Contingency Force established under section (g) and maintaining the International Contingency Personnel Database established under subsection (h).", "id": "H3C69261E3A7D4DB5961486CBECF54BDD", "header": "Bureau of Contingency Training", "nested": [], "links": [] }, { "text": "(e) Bureau of Contingency Coordination \nThe Bureau of Contingency Coordination shall serve as the permanent liaison between the Office and— (1) the Department of Defense and other relevant departments; (2) the Central Intelligence Agency and other relevant elements of the intelligence community; (3) the United Nations and the North Atlantic Treaty Organization and other relevant international governmental organizations; and (4) relevant non-governmental organizations.", "id": "H9D5B5B52705F4B2CAE80DF7FA0643341", "header": "Bureau of Contingency Coordination", "nested": [], "links": [] }, { "text": "(f) International Contingency Training Center \n(1) Establishment \nThe Undersecretary shall establish within the Bureau of Contingency Training an International Contingency Training Center. (2) Duties \nThe Center shall be responsible for— (A) conducting inter-agency training, including training related to inter-agency decision-making, operational planning, and execution simulations, for mid-level Government officials and managers to prepare these officials and managers to address complex overseas contingencies, including pre-conflict stabilization operations and post-conflict reconstruction operations; (B) conducting advanced training related to pre-conflict stabilization operations and post-conflict reconstruction operations for members of the Civilian Overseas Contingency Force; (C) conducting pre-deployment training related to pre-conflict stabilization operations and post-conflict reconstruction operations for civilians and military-civil affairs personnel; (D) conducting exercises related to pre-conflict stabilization operations and post-conflict reconstruction operations for United States and international experts; (E) developing a uniform set of operating procedures for pre-conflict stabilization operations and post-conflict reconstruction operations; and (F) conducting on-going evaluations and after-action reviews of pre-conflict stabilization operations and post-conflict reconstruction operations. (3) Location \n(A) Determination by Undersecretary \nThe Center shall be located at a site the Undersecretary determines to be appropriate to allow the Center to properly carry out the duties specified in paragraph (2). (B) Military and other facilities \nIn making the determination under subparagraph (A), the Undersecretary shall consider military installations and other existing Government facilities that satisfy the needs of the Center. (C) Report \nNot later than one year from the date of the enactment of the , the Undersecretary shall submit to the appropriate congressional committees a report recommending a site for the location of the Center. (4) Support \nThe Assistant Secretary for Contingency Training shall provide the Center with such staff and resources as the Assistant Secretary considers necessary and appropriate to allow the Center to properly carry out the duties specified in paragraph (2).", "id": "H81AA7FC506A848639B00252CE03E3766", "header": "International Contingency Training Center", "nested": [], "links": [] }, { "text": "(g) Civilian Overseas Contingency Force \n(1) Establishment and purpose \nThe Undersecretary shall establish within the Bureau of Contingency Training a Civilian Overseas Contingency Force intended to provide a ready source of volunteers who can provide in-country assistance in support of pre-conflict stabilization operations and post-conflict reconstruction operations carried out by the Office in countries categorized pursuant to section 60 as countries of impending risk or countries of immediate risk. (2) Authority \n(A) Country of impending risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of impending risk if the President determines that such deployment is likely to— (i) prevent the country from satisfying any of the criteria specified in section 60(a)(1), if the country does not satisfy any of the criteria at the time of the appointment of a Special Coordinator under section 60(g) for the country; or (ii) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment (B) Country of immediate risk \nThe President, acting through the Undersecretary, may authorize the deployment of members of the Force to a country of immediate risk if the President determines that such deployment is likely to— (i) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1); and (ii) allow the President to remove the country from the list of countries the President considers to be a national security priority. (3) Composition \n(A) Volunteers \nThe Force shall be composed of volunteers selected by the Undersecretary, and may include— (i) individuals who are Federal employees or former employees of the executive, legislative, or judicial branches; (ii) individuals who are retired or former members of the uniformed services; (iii) individuals from the United States or foreign academic community; (iv) individuals from United States or foreign non-governmental organizations; and (v) such other individuals from the United States or foreign countries as the Undersecretary considers necessary and appropriate to satisfy the needs of the Force under this subsection. (B) Relevant expertise or experience required \nVolunteers selected under subparagraph (A) shall possess expertise in or experience related to pre-conflict stabilization operations and post-conflict reconstruction operations, including individuals who possess expertise or experience as— (i) members of the judiciary; (ii) members of a police force; (iii) health workers; (iv) penal officers; (v) civil planners or administrators; (vi) attorneys; (vii) constitutional experts; (viii) civil engineers; (ix) construction workers; or (x) members of the financial services sector. (4) Advanced training \nThe Assistant Secretary for Contingency Training shall utilize the International Contingency Training Center to provide members of the Force with such advanced training in pre-conflict stabilization operations and post-conflict reconstruction operations as the Assistant Secretary considers necessary and appropriate to maintain the operational readiness of the Force. (5) Limitation on deployment \n(A) Limitation \nA member of the Force may not be deployed to one or more countries of impending risk or countries of immediate risk for more than 365 days during any two-year period, as calculated from the date of the initial deployment of the member to any such country, unless the member consents to a longer deployment. (B) Treatment of advanced training \nTraining provided to a member of the Force under paragraph (4) shall not be counted for purposes of applying the limitation on deployment described in subparagraph (A). (6) Compensation \nAlthough members of the Force are volunteers, the Undersecretary shall compensate members of the Force during periods of training and deployment in accordance with— (A) the appropriate salary class for the Foreign Service, as set forth in sections 402 and 403 of the Foreign Service Act of 1980 (22 U.S.C. 3962 and 3963); or (B) the relevant authority under sections 3101 and 3392 of title 5, United States Code. (7) Extension of certain Foreign Service benefits \nThe Undersecretary may extend to any member of the Force who is deployed in support of a pre-conflict stabilization operation or a post-conflict reconstruction operation the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 3972 , 3973, 4024, and 4081) to the same extent and in the same manner that such benefits and privileges are extended to members of the Foreign Service. (8) Employment and reemployment rights \nMembers of the Force shall be treated as members of the uniformed services, as defined in section 4303(16) of title 38, United States Code, for purposes of employment and reemployment rights under subchapters I and II of chapter 43 of such title. (9) Non-Force personnel \n(A) Contracting authority \nThe Undersecretary may procure the services of individuals or organizations by contract to assist the Office in any pre-conflict stabilization operation or post-conflict reconstruction operation in which the Office may be involved. Individuals performing services related to such assistance shall not by virtue of such performance be considered employees of the United States for purposes of any law administered by the Office of Personnel Management (except that the Undersecretary may determine the applicability to such individuals of any law administered by the Undersecretary concerning such performance by such individuals). (B) Experts and consultants \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, and to the extent necessary to obtain without undue delay necessary services considered by the Undersecretary to be relevant to the success of such operation, the Undersecretary may procure the services of experts and consultants under section 3109 of title 5, United States Code. (C) Authority to accept and assign details \nThe Undersecretary may accept details or assignments of employees of the executive, legislative, or judicial branches, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to satisfy the needs of the Office. The assignment of an employee of a State or local government under this subsection shall be consistent with subchapter VI of chapter 33 of title 5, United States Code. (D) Acceptance of unpaid volunteer services \nIn the event of a pre-conflict stabilization operation or a post-conflict reconstruction operation in which the Office is involved, the Undersecretary may accept the services of certain individuals to assist the Office in the administration of such operations without regard to section 1342 of title 31, United States Code. Individuals providing such services shall be uncompensated. (10) Supervision and treatment of Force and non-Force personnel \n(A) Supervision \nThe Undersecretary shall— (i) ensure that members of the Force and non-Force personnel under paragraph (9) are notified of the scope of the services accepted pursuant to such paragraph; (ii) supervise the non-Force personnel to the same extent as Federal employees performing similar services; and (iii) ensure that a non-Force individual has appropriate credentials or is otherwise qualified to perform in the capacity for which the services of such individual are accepted. (B) Applicability of provisions relating to Federal employees \nMembers of the Force or non-Force personnel under paragraph (9) who are not Federal employees shall not be considered as Federal employees by reason of the performance of services, except for the purposes of the following provisions of the United States Code: (i) Chapter 81 of title 5, relating to compensation for work-related injuries. (ii) Chapter 171 of title 28, relating to tort claims. (iii) Chapter 11 of title 18, relating to conflicts of interest. (11) Database of civilian volunteers and other individuals \nThe Undersecretary shall establish within the Bureau a database of members of the Force and such other non-Force individuals with relevant experience or expertise related to pre-conflict stabilization operations and post-conflict reconstruction operations as the Undersecretary determines necessary and appropriate to satisfy the needs of the Force under this subsection.", "id": "H5BCD9F5B924544878D6998E2EF0089BF", "header": "Civilian Overseas Contingency Force", "nested": [], "links": [ { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "22 U.S.C. 3972", "legal-doc": "usc", "parsable-cite": "usc/22/3972" }, { "text": "section 4303(16)", "legal-doc": "usc", "parsable-cite": "usc/38/4303" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" }, { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" }, { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] } ], "links": [ { "text": "50 U.S.C. 401a(4)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "22 U.S.C. 3972", "legal-doc": "usc", "parsable-cite": "usc/22/3972" }, { "text": "section 4303(16)", "legal-doc": "usc", "parsable-cite": "usc/38/4303" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" }, { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" }, { "text": "Chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "Chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" }, { "text": "Chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "102. Identification of weak or failing countries and categorization of country according to level of risk \nThe State Department Basic Authorities Act of 1956 is further amended by adding after section 59, as added by section 101, the following new section: 60. Identification of weak or failing countries and categorization of country according to level of risk \n(a) Weak or failing country \n(1) Identification \nThe Undersecretary for Overseas Contingencies and Stabilization shall identify a country as a weak or failing country if the Undersecretary determines that the country endangers or is likely to endanger— (A) the population of such country; (B) the security or stability of neighboring countries; (C) United States national security; (D) success in the Global War on Terrorism; or (E) United States or international efforts towards the non-proliferation of weapons of mass destruction. (2) Definition \nFor purposes of this section, the term weak or failing country means a country identified by the Undersecretary under paragraph (1). (b) Categorization \n(1) Increasing levels of risk \nThe Undersecretary shall categorize a weak or failing country into one of three risk categories, each of which corresponds to an increasing level of risk relative to the preceding category, as follows: (A) Country of risk. (B) Country of impending risk. (C) Country of immediate risk. (2) Country of risk \nThe Undersecretary shall categorize a weak or failing country as a country of risk if the Undersecretary determines that the country is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two to five years after the date of the categorization. (3) Country of impending risk \nThe Undersecretary shall categorize a weak or failing country as a country of impending risk if the Undersecretary determines that the country— (A) is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two years after the date of the categorization; or (B) satisfies one or more of the criteria at the time of the categorization, but the President, after consultation with the National Security Council, does not consider the country to be a national security priority. (4) Country of immediate risk \nThe Undersecretary shall categorize a weak or failing country as a country of immediate risk if— (A) the Undersecretary determines that the country satisfies one or more of the criteria specified in subsection (a)(1) at the time of the categorization; and (B) the President, after consultation with the National Security Council, considers the country to be a national security priority. (5) Prompt notice of certain categorizations \nNot later than 30 days after the initial categorization of a weak or failing country as a country of impending risk or a country of immediate risk, the Undersecretary shall notify the President and the appropriate congressional committees of the categorization. (c) Basis for categorization \n(1) Review \nThe Assistant Secretary for Contingency Planning shall conduct— (A) an annual review of each weak or failing country categorized as a country of risk; (B) a biannual review of each weak or failing country categorized as a country of impending risk; and (C) a quarterly review of each weak or failing country categorized as a country of immediate risk. (2) Report \nNot later than 30 days after the completion of each review under paragraph (1), the Undersecretary shall submit to the appropriate congressional committees a report containing the results of the review and such other information as the Undersecretary considers appropriate to support the categorization of the weak or failing country under subsection (b). (d) Additional monitoring \n(1) Political and economic developments \nThe Assistant Secretary for Contingency Planning shall monitor political and economic developments in each weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk. (2) Focus of attention \nWith respect to a weak or failing country categorized as a country of impending risk or a country of immediate risk, the Assistant Secretary shall pay particular attention to political and economic developments that are likely to necessitate— (A) an adjustment in plans for pre-conflict stabilization operations and post-conflict reconstruction operations for the country under subsection (f); or (B) an adjustment in the level of risk of the country under subsection (b). (e) Review of foreign assistance and diplomatic efforts \n(1) Initial review required \nNot later than 30 days after the initial categorization of a weak or failing country as a country of risk, country of impending risk, or a country of immediate risk, the Assistant Secretary for Contingency Planning shall conduct a review of the amount of foreign assistance provided to the country and any diplomatic efforts undertaken with regard to the country. (2) Periodic updates \nThe Assistant Secretary shall update each review conducted under paragraph (1)— (A) not less than once every two years for each weak or failing country that is categorized as a country of risk for two or more consecutive years; (B) not less than once every year for each weak or failing country that is categorized as a country of impending risk for two or more consecutive years; and (C) not less than once every six months for each weak or failing country that is categorized as a country of immediate risk. (3) Follow-up report \nNot later than 30 days after completing each review conducted or updated under this subsection regarding a weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk, and based on the review, the Undersecretary shall submit to the appropriate congressional committees a report containing such recommendations for further action regarding the country, including relating to foreign assistance and diplomatic efforts, as the Undersecretary considers appropriate to— (A) reduce the likelihood that the country will ever satisfy any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the submission of the report; (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President or allow the President to remove the country from the list of countries the President considers to be a national security priority, if the country satisfies any of the criteria at the time of the submission of the report; and (C) allow the Undersecretary to reduce or remove the categorization of the country under subsection (b) and remove the identification of the country as a weak or failing country. (f) Plans for pre-conflict stabilization operations and post-conflict reconstruction operations \nThe Assistant Secretary for Contingency Planning shall require the preparation of plans for pre-conflict stabilization operations and post-conflict reconstruction operations for each weak or failing country categorized as a country of impending risk or a country of immediate risk. (g) Special Coordinator for countries of impending risk \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of impending risk, the President shall appoint an acting Special Coordinator for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Special Coordinator under paragraph (1), the President shall request that the acting Special Coordinator be formally appointed as a Special Coordinator. The Special Coordinator shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Duties \nThe Special Coordinator for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) prevent the country from satisfying any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the appointment; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (4) Qualifications \nA person appointed as a Special Coordinator shall— (A) be a senior member of the Foreign Service who possesses expertise with respect to the country categorized as a country of impending risk; or (B) be a member of the Office of Overseas Contingencies and Stabilization with expertise in the operations and administration of the Office. (5) Waiver \nThe President may waive the qualification requirements under paragraph (4) if the President determines that the waiver is in the national security interests of the United States. (6) Support \nThe Undersecretary shall provide each Special Coordinator with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Special Coordinator to properly carry out the duties specified in paragraph (3). (h) Director of Operations for countries of immediate risk and related countries \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of immediate risk, the President shall appoint an acting Director of Operations for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Director of Operations under paragraph (1), the President shall request that the acting Director of Operations be formally appointed as a Director of Operations. The Director of Operations shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Appointment of emergency acting Director of Operations \n(A) Emergency appointment for related countries \nThe Undersecretary shall appoint an emergency acting Director of Operations for a country or a weak or failing country not categorized as a country of immediate risk if— (i) the United States undertakes a military or non-military intervention operation in the country; or (ii) the Undersecretary determines that a military or non-military intervention operation is imminent. (B) Time for emergency appointment \nThe Undersecretary shall appoint the emergency acting Director of Operations for a country or such weak or failing country— (i) as soon as practicable after the initiation of a military or non-military intervention operation in the country; or (ii) in the case of a determination under subparagraph (A)(ii), as soon as practicable after making the determination, but not later than the first day after the initiation of such intervention operation. (C) Notification to Congress \nNot later than seven days after the appointment of an emergency acting Director of Operations under paragraph (3), the Undersecretary shall notify the appropriate congressional committees of the designation. (D) Formalization \nAs soon as practicable after the appointment of an emergency acting Director of Operations under paragraph (3), the President shall request that the emergency acting Director of Operations be formally appointed as a Director of Operations. (4) Duties \nThe Director of Operations for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (5) Regular appearance before Congress \nTo the maximum extent practicable, the Director of Operations shall appear regularly before the appropriate congressional committees to provide updates regarding pre-conflict stabilization operations or post-conflict reconstruction operations, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (6) Qualifications \nA person appointed as a Director of Operations shall— (A) be a senior or former member of the Foreign Service who possesses expertise with respect to the country; or (B) be a senior or former member of the Senior Executive Service who possesses expertise with respect to the country. (7) Waiver \nThe President may waive the qualification requirements under paragraph (6) if the President determines that the waiver is in the national security interests of the United States. (8) Support \nThe Undersecretary shall provide each Director of Operations with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Director of Operations to properly carry out the duties specified in paragraph (4). (i) Transitional countries \n(1) Increase in level of risk \nThe Special Coordinator for a country of impending risk shall assume the title of Director of Operations for that country if that country is subsequently categorized as a country of immediate risk. (2) Decrease in level of risk \n(A) Country of immediate risk to country of impending risk \nThe Director of Operations for a country of immediate risk shall assume the title of Special Coordinator for that country if that country is subsequently categorized as a country of impending risk. (B) Country of immediate or impending risk to country of risk or non-categorized country \nThe Director of Operations for a country of immediate risk or a Special Coordinator for a country of impending risk may retain such title if— (i) that country is subsequently categorized as a country of risk or that country is subsequently removed from risk categorization; and (ii) the President determines that retention of the Director of Operations or Special Coordinator is in the national security interests of the United States. (j) Resignation and replacement \nIf a Special Coordinator or a Director of Operations resigns, the President shall, not later than 15 days from the date of such resignation, appoint a replacement acting Special Coordinator or replacement acting Director of Operations in accordance with subsections (g) or (h), as the case may be. (k) Emergency assistance \nPursuant to section 452 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), the Undersecretary shall use emergency financial assistance furnished from the Department of State Emergency Stabilization Operations Support Fund to carry out pre-conflict stabilization operations in countries of impending risk or countries of immediate risk. (l) Classified information \n(1) Categorization of country \nThe Undersecretary may treat as classified information the categorization under subsection (b) of a weak or failing country if the Undersecretary determines that such treatment is in the national security interests of the United States. (2) Emergency acting Director of Operations \nThe Undersecretary may treat as classified information the appointment under subsection (h)(3) of an emergency acting Director of Operations if the Undersecretary determines that such treatment is in the national security interests of the United States. (3) Reports \nAny report required by this section may be submitted to the appropriate congressional committees in whole or in part in classified form. (m) Reference \n(1) Special Coordinator \nAny reference in this section to a Special Coordinator includes an acting Special Coordinator. (2) Director of Operations \nAny reference in this section to a Director of Operations includes an acting Director of Operations and an emergency acting Director of Operations. (n) Definition \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate..", "id": "HF9387337572C4AA0A3963F89AD42509E", "header": "Identification of weak or failing countries and categorization of country according to level of risk", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "60. Identification of weak or failing countries and categorization of country according to level of risk \n(a) Weak or failing country \n(1) Identification \nThe Undersecretary for Overseas Contingencies and Stabilization shall identify a country as a weak or failing country if the Undersecretary determines that the country endangers or is likely to endanger— (A) the population of such country; (B) the security or stability of neighboring countries; (C) United States national security; (D) success in the Global War on Terrorism; or (E) United States or international efforts towards the non-proliferation of weapons of mass destruction. (2) Definition \nFor purposes of this section, the term weak or failing country means a country identified by the Undersecretary under paragraph (1). (b) Categorization \n(1) Increasing levels of risk \nThe Undersecretary shall categorize a weak or failing country into one of three risk categories, each of which corresponds to an increasing level of risk relative to the preceding category, as follows: (A) Country of risk. (B) Country of impending risk. (C) Country of immediate risk. (2) Country of risk \nThe Undersecretary shall categorize a weak or failing country as a country of risk if the Undersecretary determines that the country is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two to five years after the date of the categorization. (3) Country of impending risk \nThe Undersecretary shall categorize a weak or failing country as a country of impending risk if the Undersecretary determines that the country— (A) is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two years after the date of the categorization; or (B) satisfies one or more of the criteria at the time of the categorization, but the President, after consultation with the National Security Council, does not consider the country to be a national security priority. (4) Country of immediate risk \nThe Undersecretary shall categorize a weak or failing country as a country of immediate risk if— (A) the Undersecretary determines that the country satisfies one or more of the criteria specified in subsection (a)(1) at the time of the categorization; and (B) the President, after consultation with the National Security Council, considers the country to be a national security priority. (5) Prompt notice of certain categorizations \nNot later than 30 days after the initial categorization of a weak or failing country as a country of impending risk or a country of immediate risk, the Undersecretary shall notify the President and the appropriate congressional committees of the categorization. (c) Basis for categorization \n(1) Review \nThe Assistant Secretary for Contingency Planning shall conduct— (A) an annual review of each weak or failing country categorized as a country of risk; (B) a biannual review of each weak or failing country categorized as a country of impending risk; and (C) a quarterly review of each weak or failing country categorized as a country of immediate risk. (2) Report \nNot later than 30 days after the completion of each review under paragraph (1), the Undersecretary shall submit to the appropriate congressional committees a report containing the results of the review and such other information as the Undersecretary considers appropriate to support the categorization of the weak or failing country under subsection (b). (d) Additional monitoring \n(1) Political and economic developments \nThe Assistant Secretary for Contingency Planning shall monitor political and economic developments in each weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk. (2) Focus of attention \nWith respect to a weak or failing country categorized as a country of impending risk or a country of immediate risk, the Assistant Secretary shall pay particular attention to political and economic developments that are likely to necessitate— (A) an adjustment in plans for pre-conflict stabilization operations and post-conflict reconstruction operations for the country under subsection (f); or (B) an adjustment in the level of risk of the country under subsection (b). (e) Review of foreign assistance and diplomatic efforts \n(1) Initial review required \nNot later than 30 days after the initial categorization of a weak or failing country as a country of risk, country of impending risk, or a country of immediate risk, the Assistant Secretary for Contingency Planning shall conduct a review of the amount of foreign assistance provided to the country and any diplomatic efforts undertaken with regard to the country. (2) Periodic updates \nThe Assistant Secretary shall update each review conducted under paragraph (1)— (A) not less than once every two years for each weak or failing country that is categorized as a country of risk for two or more consecutive years; (B) not less than once every year for each weak or failing country that is categorized as a country of impending risk for two or more consecutive years; and (C) not less than once every six months for each weak or failing country that is categorized as a country of immediate risk. (3) Follow-up report \nNot later than 30 days after completing each review conducted or updated under this subsection regarding a weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk, and based on the review, the Undersecretary shall submit to the appropriate congressional committees a report containing such recommendations for further action regarding the country, including relating to foreign assistance and diplomatic efforts, as the Undersecretary considers appropriate to— (A) reduce the likelihood that the country will ever satisfy any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the submission of the report; (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President or allow the President to remove the country from the list of countries the President considers to be a national security priority, if the country satisfies any of the criteria at the time of the submission of the report; and (C) allow the Undersecretary to reduce or remove the categorization of the country under subsection (b) and remove the identification of the country as a weak or failing country. (f) Plans for pre-conflict stabilization operations and post-conflict reconstruction operations \nThe Assistant Secretary for Contingency Planning shall require the preparation of plans for pre-conflict stabilization operations and post-conflict reconstruction operations for each weak or failing country categorized as a country of impending risk or a country of immediate risk. (g) Special Coordinator for countries of impending risk \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of impending risk, the President shall appoint an acting Special Coordinator for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Special Coordinator under paragraph (1), the President shall request that the acting Special Coordinator be formally appointed as a Special Coordinator. The Special Coordinator shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Duties \nThe Special Coordinator for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) prevent the country from satisfying any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the appointment; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (4) Qualifications \nA person appointed as a Special Coordinator shall— (A) be a senior member of the Foreign Service who possesses expertise with respect to the country categorized as a country of impending risk; or (B) be a member of the Office of Overseas Contingencies and Stabilization with expertise in the operations and administration of the Office. (5) Waiver \nThe President may waive the qualification requirements under paragraph (4) if the President determines that the waiver is in the national security interests of the United States. (6) Support \nThe Undersecretary shall provide each Special Coordinator with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Special Coordinator to properly carry out the duties specified in paragraph (3). (h) Director of Operations for countries of immediate risk and related countries \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of immediate risk, the President shall appoint an acting Director of Operations for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Director of Operations under paragraph (1), the President shall request that the acting Director of Operations be formally appointed as a Director of Operations. The Director of Operations shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Appointment of emergency acting Director of Operations \n(A) Emergency appointment for related countries \nThe Undersecretary shall appoint an emergency acting Director of Operations for a country or a weak or failing country not categorized as a country of immediate risk if— (i) the United States undertakes a military or non-military intervention operation in the country; or (ii) the Undersecretary determines that a military or non-military intervention operation is imminent. (B) Time for emergency appointment \nThe Undersecretary shall appoint the emergency acting Director of Operations for a country or such weak or failing country— (i) as soon as practicable after the initiation of a military or non-military intervention operation in the country; or (ii) in the case of a determination under subparagraph (A)(ii), as soon as practicable after making the determination, but not later than the first day after the initiation of such intervention operation. (C) Notification to Congress \nNot later than seven days after the appointment of an emergency acting Director of Operations under paragraph (3), the Undersecretary shall notify the appropriate congressional committees of the designation. (D) Formalization \nAs soon as practicable after the appointment of an emergency acting Director of Operations under paragraph (3), the President shall request that the emergency acting Director of Operations be formally appointed as a Director of Operations. (4) Duties \nThe Director of Operations for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (5) Regular appearance before Congress \nTo the maximum extent practicable, the Director of Operations shall appear regularly before the appropriate congressional committees to provide updates regarding pre-conflict stabilization operations or post-conflict reconstruction operations, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (6) Qualifications \nA person appointed as a Director of Operations shall— (A) be a senior or former member of the Foreign Service who possesses expertise with respect to the country; or (B) be a senior or former member of the Senior Executive Service who possesses expertise with respect to the country. (7) Waiver \nThe President may waive the qualification requirements under paragraph (6) if the President determines that the waiver is in the national security interests of the United States. (8) Support \nThe Undersecretary shall provide each Director of Operations with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Director of Operations to properly carry out the duties specified in paragraph (4). (i) Transitional countries \n(1) Increase in level of risk \nThe Special Coordinator for a country of impending risk shall assume the title of Director of Operations for that country if that country is subsequently categorized as a country of immediate risk. (2) Decrease in level of risk \n(A) Country of immediate risk to country of impending risk \nThe Director of Operations for a country of immediate risk shall assume the title of Special Coordinator for that country if that country is subsequently categorized as a country of impending risk. (B) Country of immediate or impending risk to country of risk or non-categorized country \nThe Director of Operations for a country of immediate risk or a Special Coordinator for a country of impending risk may retain such title if— (i) that country is subsequently categorized as a country of risk or that country is subsequently removed from risk categorization; and (ii) the President determines that retention of the Director of Operations or Special Coordinator is in the national security interests of the United States. (j) Resignation and replacement \nIf a Special Coordinator or a Director of Operations resigns, the President shall, not later than 15 days from the date of such resignation, appoint a replacement acting Special Coordinator or replacement acting Director of Operations in accordance with subsections (g) or (h), as the case may be. (k) Emergency assistance \nPursuant to section 452 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), the Undersecretary shall use emergency financial assistance furnished from the Department of State Emergency Stabilization Operations Support Fund to carry out pre-conflict stabilization operations in countries of impending risk or countries of immediate risk. (l) Classified information \n(1) Categorization of country \nThe Undersecretary may treat as classified information the categorization under subsection (b) of a weak or failing country if the Undersecretary determines that such treatment is in the national security interests of the United States. (2) Emergency acting Director of Operations \nThe Undersecretary may treat as classified information the appointment under subsection (h)(3) of an emergency acting Director of Operations if the Undersecretary determines that such treatment is in the national security interests of the United States. (3) Reports \nAny report required by this section may be submitted to the appropriate congressional committees in whole or in part in classified form. (m) Reference \n(1) Special Coordinator \nAny reference in this section to a Special Coordinator includes an acting Special Coordinator. (2) Director of Operations \nAny reference in this section to a Director of Operations includes an acting Director of Operations and an emergency acting Director of Operations. (n) Definition \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H7122C305712948DF9D3668FCBCB2ECE", "header": "Identification of weak or failing countries and categorization of country according to level of risk", "nested": [ { "text": "(a) Weak or failing country \n(1) Identification \nThe Undersecretary for Overseas Contingencies and Stabilization shall identify a country as a weak or failing country if the Undersecretary determines that the country endangers or is likely to endanger— (A) the population of such country; (B) the security or stability of neighboring countries; (C) United States national security; (D) success in the Global War on Terrorism; or (E) United States or international efforts towards the non-proliferation of weapons of mass destruction. (2) Definition \nFor purposes of this section, the term weak or failing country means a country identified by the Undersecretary under paragraph (1).", "id": "H035CA52EA54F4DEA9C37A87248284DD2", "header": "Weak or failing country", "nested": [], "links": [] }, { "text": "(b) Categorization \n(1) Increasing levels of risk \nThe Undersecretary shall categorize a weak or failing country into one of three risk categories, each of which corresponds to an increasing level of risk relative to the preceding category, as follows: (A) Country of risk. (B) Country of impending risk. (C) Country of immediate risk. (2) Country of risk \nThe Undersecretary shall categorize a weak or failing country as a country of risk if the Undersecretary determines that the country is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two to five years after the date of the categorization. (3) Country of impending risk \nThe Undersecretary shall categorize a weak or failing country as a country of impending risk if the Undersecretary determines that the country— (A) is likely to satisfy one or more of the criteria specified in subsection (a)(1) within two years after the date of the categorization; or (B) satisfies one or more of the criteria at the time of the categorization, but the President, after consultation with the National Security Council, does not consider the country to be a national security priority. (4) Country of immediate risk \nThe Undersecretary shall categorize a weak or failing country as a country of immediate risk if— (A) the Undersecretary determines that the country satisfies one or more of the criteria specified in subsection (a)(1) at the time of the categorization; and (B) the President, after consultation with the National Security Council, considers the country to be a national security priority. (5) Prompt notice of certain categorizations \nNot later than 30 days after the initial categorization of a weak or failing country as a country of impending risk or a country of immediate risk, the Undersecretary shall notify the President and the appropriate congressional committees of the categorization.", "id": "HD6B7A1A070F54D299FF302868BB8ECBA", "header": "Categorization", "nested": [], "links": [] }, { "text": "(c) Basis for categorization \n(1) Review \nThe Assistant Secretary for Contingency Planning shall conduct— (A) an annual review of each weak or failing country categorized as a country of risk; (B) a biannual review of each weak or failing country categorized as a country of impending risk; and (C) a quarterly review of each weak or failing country categorized as a country of immediate risk. (2) Report \nNot later than 30 days after the completion of each review under paragraph (1), the Undersecretary shall submit to the appropriate congressional committees a report containing the results of the review and such other information as the Undersecretary considers appropriate to support the categorization of the weak or failing country under subsection (b).", "id": "HC984D56CB5194A9CA88F9FECD393A180", "header": "Basis for categorization", "nested": [], "links": [] }, { "text": "(d) Additional monitoring \n(1) Political and economic developments \nThe Assistant Secretary for Contingency Planning shall monitor political and economic developments in each weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk. (2) Focus of attention \nWith respect to a weak or failing country categorized as a country of impending risk or a country of immediate risk, the Assistant Secretary shall pay particular attention to political and economic developments that are likely to necessitate— (A) an adjustment in plans for pre-conflict stabilization operations and post-conflict reconstruction operations for the country under subsection (f); or (B) an adjustment in the level of risk of the country under subsection (b).", "id": "HA6F5744B787E47BFAEBA934F6C758770", "header": "Additional monitoring", "nested": [], "links": [] }, { "text": "(e) Review of foreign assistance and diplomatic efforts \n(1) Initial review required \nNot later than 30 days after the initial categorization of a weak or failing country as a country of risk, country of impending risk, or a country of immediate risk, the Assistant Secretary for Contingency Planning shall conduct a review of the amount of foreign assistance provided to the country and any diplomatic efforts undertaken with regard to the country. (2) Periodic updates \nThe Assistant Secretary shall update each review conducted under paragraph (1)— (A) not less than once every two years for each weak or failing country that is categorized as a country of risk for two or more consecutive years; (B) not less than once every year for each weak or failing country that is categorized as a country of impending risk for two or more consecutive years; and (C) not less than once every six months for each weak or failing country that is categorized as a country of immediate risk. (3) Follow-up report \nNot later than 30 days after completing each review conducted or updated under this subsection regarding a weak or failing country categorized as a country of risk, a country of impending risk, or a country of immediate risk, and based on the review, the Undersecretary shall submit to the appropriate congressional committees a report containing such recommendations for further action regarding the country, including relating to foreign assistance and diplomatic efforts, as the Undersecretary considers appropriate to— (A) reduce the likelihood that the country will ever satisfy any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the submission of the report; (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President or allow the President to remove the country from the list of countries the President considers to be a national security priority, if the country satisfies any of the criteria at the time of the submission of the report; and (C) allow the Undersecretary to reduce or remove the categorization of the country under subsection (b) and remove the identification of the country as a weak or failing country.", "id": "H54A920B66403458200F0FDA28EC1A31", "header": "Review of foreign assistance and diplomatic efforts", "nested": [], "links": [] }, { "text": "(f) Plans for pre-conflict stabilization operations and post-conflict reconstruction operations \nThe Assistant Secretary for Contingency Planning shall require the preparation of plans for pre-conflict stabilization operations and post-conflict reconstruction operations for each weak or failing country categorized as a country of impending risk or a country of immediate risk.", "id": "H68D3F215E06F48A89B81F4C0CB1178B1", "header": "Plans for pre-conflict stabilization operations and post-conflict reconstruction operations", "nested": [], "links": [] }, { "text": "(g) Special Coordinator for countries of impending risk \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of impending risk, the President shall appoint an acting Special Coordinator for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Special Coordinator under paragraph (1), the President shall request that the acting Special Coordinator be formally appointed as a Special Coordinator. The Special Coordinator shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Duties \nThe Special Coordinator for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) prevent the country from satisfying any of the criteria specified in subsection (a)(1), if the country does not satisfy any of the criteria at the time of the appointment; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (4) Qualifications \nA person appointed as a Special Coordinator shall— (A) be a senior member of the Foreign Service who possesses expertise with respect to the country categorized as a country of impending risk; or (B) be a member of the Office of Overseas Contingencies and Stabilization with expertise in the operations and administration of the Office. (5) Waiver \nThe President may waive the qualification requirements under paragraph (4) if the President determines that the waiver is in the national security interests of the United States. (6) Support \nThe Undersecretary shall provide each Special Coordinator with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Special Coordinator to properly carry out the duties specified in paragraph (3).", "id": "H69CFE35DD9D046CA905B4479A4A0B8B6", "header": "Special Coordinator for countries of impending risk", "nested": [], "links": [] }, { "text": "(h) Director of Operations for countries of immediate risk and related countries \n(1) Appointment \nNot later than 15 days after the categorization of a weak or failing country as a country of immediate risk, the President shall appoint an acting Director of Operations for each such country. (2) Formalization \nAs soon as practicable after the appointment of an acting Director of Operations under paragraph (1), the President shall request that the acting Director of Operations be formally appointed as a Director of Operations. The Director of Operations shall be appointed by and with the advice and consent of the Senate, and shall have the rank and status of Ambassador-at-Large. (3) Appointment of emergency acting Director of Operations \n(A) Emergency appointment for related countries \nThe Undersecretary shall appoint an emergency acting Director of Operations for a country or a weak or failing country not categorized as a country of immediate risk if— (i) the United States undertakes a military or non-military intervention operation in the country; or (ii) the Undersecretary determines that a military or non-military intervention operation is imminent. (B) Time for emergency appointment \nThe Undersecretary shall appoint the emergency acting Director of Operations for a country or such weak or failing country— (i) as soon as practicable after the initiation of a military or non-military intervention operation in the country; or (ii) in the case of a determination under subparagraph (A)(ii), as soon as practicable after making the determination, but not later than the first day after the initiation of such intervention operation. (C) Notification to Congress \nNot later than seven days after the appointment of an emergency acting Director of Operations under paragraph (3), the Undersecretary shall notify the appropriate congressional committees of the designation. (D) Formalization \nAs soon as practicable after the appointment of an emergency acting Director of Operations under paragraph (3), the President shall request that the emergency acting Director of Operations be formally appointed as a Director of Operations. (4) Duties \nThe Director of Operations for a country shall serve as the lead executive branch official responsible for coordinating pre-conflict stabilization operations and post-conflict reconstruction operations with regard to the country, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (5) Regular appearance before Congress \nTo the maximum extent practicable, the Director of Operations shall appear regularly before the appropriate congressional committees to provide updates regarding pre-conflict stabilization operations or post-conflict reconstruction operations, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in subsection (a)(1); and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (6) Qualifications \nA person appointed as a Director of Operations shall— (A) be a senior or former member of the Foreign Service who possesses expertise with respect to the country; or (B) be a senior or former member of the Senior Executive Service who possesses expertise with respect to the country. (7) Waiver \nThe President may waive the qualification requirements under paragraph (6) if the President determines that the waiver is in the national security interests of the United States. (8) Support \nThe Undersecretary shall provide each Director of Operations with such staff and resources as the Undersecretary considers necessary and appropriate to allow the Director of Operations to properly carry out the duties specified in paragraph (4).", "id": "HD4535973728A407CA7EFAD403147BC84", "header": "Director of Operations for countries of immediate risk and related countries", "nested": [], "links": [] }, { "text": "(i) Transitional countries \n(1) Increase in level of risk \nThe Special Coordinator for a country of impending risk shall assume the title of Director of Operations for that country if that country is subsequently categorized as a country of immediate risk. (2) Decrease in level of risk \n(A) Country of immediate risk to country of impending risk \nThe Director of Operations for a country of immediate risk shall assume the title of Special Coordinator for that country if that country is subsequently categorized as a country of impending risk. (B) Country of immediate or impending risk to country of risk or non-categorized country \nThe Director of Operations for a country of immediate risk or a Special Coordinator for a country of impending risk may retain such title if— (i) that country is subsequently categorized as a country of risk or that country is subsequently removed from risk categorization; and (ii) the President determines that retention of the Director of Operations or Special Coordinator is in the national security interests of the United States.", "id": "H3571155010DD4377A0920914E385E6BC", "header": "Transitional countries", "nested": [], "links": [] }, { "text": "(j) Resignation and replacement \nIf a Special Coordinator or a Director of Operations resigns, the President shall, not later than 15 days from the date of such resignation, appoint a replacement acting Special Coordinator or replacement acting Director of Operations in accordance with subsections (g) or (h), as the case may be.", "id": "H2197E45122B44559B78EBA22C52390E9", "header": "Resignation and replacement", "nested": [], "links": [] }, { "text": "(k) Emergency assistance \nPursuant to section 452 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), the Undersecretary shall use emergency financial assistance furnished from the Department of State Emergency Stabilization Operations Support Fund to carry out pre-conflict stabilization operations in countries of impending risk or countries of immediate risk.", "id": "HE021F9868B344053A02BC0558003A2C1", "header": "Emergency assistance", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "(l) Classified information \n(1) Categorization of country \nThe Undersecretary may treat as classified information the categorization under subsection (b) of a weak or failing country if the Undersecretary determines that such treatment is in the national security interests of the United States. (2) Emergency acting Director of Operations \nThe Undersecretary may treat as classified information the appointment under subsection (h)(3) of an emergency acting Director of Operations if the Undersecretary determines that such treatment is in the national security interests of the United States. (3) Reports \nAny report required by this section may be submitted to the appropriate congressional committees in whole or in part in classified form.", "id": "HD779FE92D1E34CBAA4B0D040E9009E00", "header": "Classified information", "nested": [], "links": [] }, { "text": "(m) Reference \n(1) Special Coordinator \nAny reference in this section to a Special Coordinator includes an acting Special Coordinator. (2) Director of Operations \nAny reference in this section to a Director of Operations includes an acting Director of Operations and an emergency acting Director of Operations.", "id": "H1A29F60F78064569A1D03CA4172E79BB", "header": "Reference", "nested": [], "links": [] }, { "text": "(n) Definition \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "HB6BC98CD67D54D2098342D15C3F2D866", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "103. Emergency Stabilization Operations Support Fund \nThe Foreign Assistance Act of 1961 is amended by adding after section 451 ( 22 U.S.C. 2261 ) the following new section: 452. Emergency Stabilization Operations Support Fund \n(a) Establishment and funding \nThere is established in the Treasury an account to be known as the Department of State Emergency Stabilization Operations Support Fund (in this section referred to as the Fund ). The Fund shall consist of amounts appropriated to the Fund. Amounts in the Fund are available without further appropriation and until expended to carry out this section. (b) Emergency assistance and coordination \nThe President, acting through the Undersecretary of State for Overseas Contingencies and Stabilization, is authorized to use amounts in the Fund to furnish emergency financial assistance to the Office of Overseas Contingencies and Stabilization of the Department of State, for use with respect to a country categorized under section 60 of the State Department Basic Authorities Act of 1956 as a country of impending risk or a country of immediate risk. (c) Use of emergency assistance for pre-conflict stabilization operations \n(1) Country of impending risk \nThe Special Coordinator for a country of impending risk, appointed pursuant to section 60(g) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of impending risk, intended to— (A) prevent the country from satisfying any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956, if the country does not satisfy any of the criteria at the time of the appointment of the Special Coordinator for the country; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (2) Country of immediate risk \nThe Director of Operations for a country of immediate risk, appointed pursuant to section 60(h) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of immediate risk, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956; and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (d) Report \nThe President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report covering the previous year and containing— (1) an identification of the countries of impending risk and the countries of immediate risk for which amounts from the Fund have been expended; (2) a specification of the amounts of emergency financial assistance so expended; (3) an explanation of how or in what manner the emergency financial assistance was used; (4) an evaluation of the effectiveness of the emergency financial assistance in helping the Office of Overseas Contingencies and Stabilization carry out the stabilization operations specified in subsection (c) with respect to countries of impending risk and countries of immediate risk; and (5) such other information as the President considers necessary and appropriate. (e) Limitation on use of emergency assistance \nEmergency financial assistance made furnished under this section may not be used for post-conflict reconstruction operations in any country..", "id": "H5F5676573A804A46907309647500E522", "header": "Emergency Stabilization Operations Support Fund", "nested": [], "links": [ { "text": "22 U.S.C. 2261", "legal-doc": "usc", "parsable-cite": "usc/22/2261" } ] }, { "text": "452. Emergency Stabilization Operations Support Fund \n(a) Establishment and funding \nThere is established in the Treasury an account to be known as the Department of State Emergency Stabilization Operations Support Fund (in this section referred to as the Fund ). The Fund shall consist of amounts appropriated to the Fund. Amounts in the Fund are available without further appropriation and until expended to carry out this section. (b) Emergency assistance and coordination \nThe President, acting through the Undersecretary of State for Overseas Contingencies and Stabilization, is authorized to use amounts in the Fund to furnish emergency financial assistance to the Office of Overseas Contingencies and Stabilization of the Department of State, for use with respect to a country categorized under section 60 of the State Department Basic Authorities Act of 1956 as a country of impending risk or a country of immediate risk. (c) Use of emergency assistance for pre-conflict stabilization operations \n(1) Country of impending risk \nThe Special Coordinator for a country of impending risk, appointed pursuant to section 60(g) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of impending risk, intended to— (A) prevent the country from satisfying any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956, if the country does not satisfy any of the criteria at the time of the appointment of the Special Coordinator for the country; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (2) Country of immediate risk \nThe Director of Operations for a country of immediate risk, appointed pursuant to section 60(h) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of immediate risk, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956; and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority. (d) Report \nThe President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report covering the previous year and containing— (1) an identification of the countries of impending risk and the countries of immediate risk for which amounts from the Fund have been expended; (2) a specification of the amounts of emergency financial assistance so expended; (3) an explanation of how or in what manner the emergency financial assistance was used; (4) an evaluation of the effectiveness of the emergency financial assistance in helping the Office of Overseas Contingencies and Stabilization carry out the stabilization operations specified in subsection (c) with respect to countries of impending risk and countries of immediate risk; and (5) such other information as the President considers necessary and appropriate. (e) Limitation on use of emergency assistance \nEmergency financial assistance made furnished under this section may not be used for post-conflict reconstruction operations in any country.", "id": "HB3DAD89CF1634D868D5971318B689799", "header": "Emergency Stabilization Operations Support Fund", "nested": [ { "text": "(a) Establishment and funding \nThere is established in the Treasury an account to be known as the Department of State Emergency Stabilization Operations Support Fund (in this section referred to as the Fund ). The Fund shall consist of amounts appropriated to the Fund. Amounts in the Fund are available without further appropriation and until expended to carry out this section.", "id": "H84E960B4CB484C1995FA63829C63D21D", "header": "Establishment and funding", "nested": [], "links": [] }, { "text": "(b) Emergency assistance and coordination \nThe President, acting through the Undersecretary of State for Overseas Contingencies and Stabilization, is authorized to use amounts in the Fund to furnish emergency financial assistance to the Office of Overseas Contingencies and Stabilization of the Department of State, for use with respect to a country categorized under section 60 of the State Department Basic Authorities Act of 1956 as a country of impending risk or a country of immediate risk.", "id": "HF14C8D6F68BE4A33BC29D2CA81AA002E", "header": "Emergency assistance and coordination", "nested": [], "links": [] }, { "text": "(c) Use of emergency assistance for pre-conflict stabilization operations \n(1) Country of impending risk \nThe Special Coordinator for a country of impending risk, appointed pursuant to section 60(g) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of impending risk, intended to— (A) prevent the country from satisfying any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956, if the country does not satisfy any of the criteria at the time of the appointment of the Special Coordinator for the country; or (B) assist the country to end its satisfaction of any of the criteria and reduce the likelihood that the country will be considered a national security priority by the President, if the country satisfies any of the criteria at the time of the appointment. (2) Country of immediate risk \nThe Director of Operations for a country of immediate risk, appointed pursuant to section 60(h) of the State Department Basic Authorities Act of 1956, shall use the emergency financial assistance furnished under subsection (b) to carry out pre-conflict stabilization operations with respect to a country of immediate risk, intended to— (A) assist the country to end its satisfaction of any of the criteria specified in section 60(a)(1) of the State Department Basic Authorities Act of 1956; and (B) allow the President to remove the country from the list of countries the President considers to be a national security priority.", "id": "H7480B665DBFE4137AB3299ED293906CC", "header": "Use of emergency assistance for pre-conflict stabilization operations", "nested": [], "links": [] }, { "text": "(d) Report \nThe President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report covering the previous year and containing— (1) an identification of the countries of impending risk and the countries of immediate risk for which amounts from the Fund have been expended; (2) a specification of the amounts of emergency financial assistance so expended; (3) an explanation of how or in what manner the emergency financial assistance was used; (4) an evaluation of the effectiveness of the emergency financial assistance in helping the Office of Overseas Contingencies and Stabilization carry out the stabilization operations specified in subsection (c) with respect to countries of impending risk and countries of immediate risk; and (5) such other information as the President considers necessary and appropriate.", "id": "H081C48B80EFC4DCC8494853669D28FF2", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Limitation on use of emergency assistance \nEmergency financial assistance made furnished under this section may not be used for post-conflict reconstruction operations in any country.", "id": "H8079AFEB328A43220084F1B2D4E1FE1", "header": "Limitation on use of emergency assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Regional joint interagency task forces for post-conflict reconstruction operations \n(a) In general \nChapter 6 of title 10, is amended by inserting after section 164 the following new section: 164a. Joint interagency task forces for post-conflict reconstruction operations \n(a) Establishment \n(1) Whenever the commander of a regional combatant command, at the direction of the President or Secretary of Defense, begins planning for a contingency operation that has been or may be directed by the President or Secretary of Defense, the commander shall establish, within the staff of the combatant command, a joint interagency task force to prepare for any post-conflict reconstruction operations that may result from that contingency operation. (2) Subject to the direction of the President and Secretary of Defense, and except as otherwise specified by the commander of the command, the head of any task force established under paragraph (1) shall be the deputy commander of the combatant command. If the deputy commander is not the head of the task force, the head of the task force shall be a general or flag officer on active duty who is assigned to the combatant command. (b) Functions \nA task force established under this section with respect to a contingency operation shall assist the combatant commander in planning, before, during, and after the combatant command is involved in combat operations, for post-conflict reconstruction operations in order to facilitate as smooth a transition as possible from the conflict phase to the post-conflict reconstruction phase of the operation. (c) Agency representatives \n(1) Whenever the commander of a combatant command establishes a task force under this section, the commander, subject to such procedures as may be established by the Secretary of Defense, shall request the heads of the departments and agencies specified in paragraph (2) to assign an appropriate representative or representatives to the task force. Upon receiving such a request, the head of a department or agency shall promptly assign a representative or representatives to the task force. (2) Paragraph (1) applies to the following: (A) The Department of State, including the Office of Overseas Contingencies and Stabilization. (B) The Department of Commerce. (C) The Department of the Treasury. (D) The Federal Bureau of Investigation. (E) The Central Intelligence Agency. (F) Any other relevant Government agency, as determined by the combatant commander, subject to the approval of the Secretary of Defense.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 164a. Joint interagency task forces for post-conflict reconstruction operations.", "id": "H31D7480A9871468DB2F6A278B2F2D9A5", "header": "Regional joint interagency task forces for post-conflict reconstruction operations", "nested": [ { "text": "(a) In general \nChapter 6 of title 10, is amended by inserting after section 164 the following new section: 164a. Joint interagency task forces for post-conflict reconstruction operations \n(a) Establishment \n(1) Whenever the commander of a regional combatant command, at the direction of the President or Secretary of Defense, begins planning for a contingency operation that has been or may be directed by the President or Secretary of Defense, the commander shall establish, within the staff of the combatant command, a joint interagency task force to prepare for any post-conflict reconstruction operations that may result from that contingency operation. (2) Subject to the direction of the President and Secretary of Defense, and except as otherwise specified by the commander of the command, the head of any task force established under paragraph (1) shall be the deputy commander of the combatant command. If the deputy commander is not the head of the task force, the head of the task force shall be a general or flag officer on active duty who is assigned to the combatant command. (b) Functions \nA task force established under this section with respect to a contingency operation shall assist the combatant commander in planning, before, during, and after the combatant command is involved in combat operations, for post-conflict reconstruction operations in order to facilitate as smooth a transition as possible from the conflict phase to the post-conflict reconstruction phase of the operation. (c) Agency representatives \n(1) Whenever the commander of a combatant command establishes a task force under this section, the commander, subject to such procedures as may be established by the Secretary of Defense, shall request the heads of the departments and agencies specified in paragraph (2) to assign an appropriate representative or representatives to the task force. Upon receiving such a request, the head of a department or agency shall promptly assign a representative or representatives to the task force. (2) Paragraph (1) applies to the following: (A) The Department of State, including the Office of Overseas Contingencies and Stabilization. (B) The Department of Commerce. (C) The Department of the Treasury. (D) The Federal Bureau of Investigation. (E) The Central Intelligence Agency. (F) Any other relevant Government agency, as determined by the combatant commander, subject to the approval of the Secretary of Defense..", "id": "H57090EBCA1C94677813F7735F189E713", "header": "In general", "nested": [], "links": [ { "text": "Chapter 6", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/6" }, { "text": "section 164", "legal-doc": "usc", "parsable-cite": "usc/10/164" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 164a. Joint interagency task forces for post-conflict reconstruction operations.", "id": "H4D7F27ED772847298871CE9C45E60312", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 6", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/6" }, { "text": "section 164", "legal-doc": "usc", "parsable-cite": "usc/10/164" } ] }, { "text": "164a. Joint interagency task forces for post-conflict reconstruction operations \n(a) Establishment \n(1) Whenever the commander of a regional combatant command, at the direction of the President or Secretary of Defense, begins planning for a contingency operation that has been or may be directed by the President or Secretary of Defense, the commander shall establish, within the staff of the combatant command, a joint interagency task force to prepare for any post-conflict reconstruction operations that may result from that contingency operation. (2) Subject to the direction of the President and Secretary of Defense, and except as otherwise specified by the commander of the command, the head of any task force established under paragraph (1) shall be the deputy commander of the combatant command. If the deputy commander is not the head of the task force, the head of the task force shall be a general or flag officer on active duty who is assigned to the combatant command. (b) Functions \nA task force established under this section with respect to a contingency operation shall assist the combatant commander in planning, before, during, and after the combatant command is involved in combat operations, for post-conflict reconstruction operations in order to facilitate as smooth a transition as possible from the conflict phase to the post-conflict reconstruction phase of the operation. (c) Agency representatives \n(1) Whenever the commander of a combatant command establishes a task force under this section, the commander, subject to such procedures as may be established by the Secretary of Defense, shall request the heads of the departments and agencies specified in paragraph (2) to assign an appropriate representative or representatives to the task force. Upon receiving such a request, the head of a department or agency shall promptly assign a representative or representatives to the task force. (2) Paragraph (1) applies to the following: (A) The Department of State, including the Office of Overseas Contingencies and Stabilization. (B) The Department of Commerce. (C) The Department of the Treasury. (D) The Federal Bureau of Investigation. (E) The Central Intelligence Agency. (F) Any other relevant Government agency, as determined by the combatant commander, subject to the approval of the Secretary of Defense.", "id": "HB9AD53C989384F488D26AA9569BE3F72", "header": "Joint interagency task forces for post-conflict reconstruction operations", "nested": [ { "text": "(a) Establishment \n(1) Whenever the commander of a regional combatant command, at the direction of the President or Secretary of Defense, begins planning for a contingency operation that has been or may be directed by the President or Secretary of Defense, the commander shall establish, within the staff of the combatant command, a joint interagency task force to prepare for any post-conflict reconstruction operations that may result from that contingency operation. (2) Subject to the direction of the President and Secretary of Defense, and except as otherwise specified by the commander of the command, the head of any task force established under paragraph (1) shall be the deputy commander of the combatant command. If the deputy commander is not the head of the task force, the head of the task force shall be a general or flag officer on active duty who is assigned to the combatant command.", "id": "H05FB3E8D4A2F4F56BA8827EC9FC4539B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Functions \nA task force established under this section with respect to a contingency operation shall assist the combatant commander in planning, before, during, and after the combatant command is involved in combat operations, for post-conflict reconstruction operations in order to facilitate as smooth a transition as possible from the conflict phase to the post-conflict reconstruction phase of the operation.", "id": "H109857FAAD9A44F9A86E88B86DF6FBBD", "header": "Functions", "nested": [], "links": [] }, { "text": "(c) Agency representatives \n(1) Whenever the commander of a combatant command establishes a task force under this section, the commander, subject to such procedures as may be established by the Secretary of Defense, shall request the heads of the departments and agencies specified in paragraph (2) to assign an appropriate representative or representatives to the task force. Upon receiving such a request, the head of a department or agency shall promptly assign a representative or representatives to the task force. (2) Paragraph (1) applies to the following: (A) The Department of State, including the Office of Overseas Contingencies and Stabilization. (B) The Department of Commerce. (C) The Department of the Treasury. (D) The Federal Bureau of Investigation. (E) The Central Intelligence Agency. (F) Any other relevant Government agency, as determined by the combatant commander, subject to the approval of the Secretary of Defense.", "id": "HF3D8A387FE684F88AFE44B73857C40A6", "header": "Agency representatives", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination \n(a) Establishment \nThere is established in the Executive Office of the President a task force to be known as the Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination (in this section referred to as the Joint Task Force ). The Joint Task Force shall be headed by the Assistant to the President for National Security Affairs or a designee of the Assistant. (b) Mission \nThe mission of the Joint Task Force is to ensure proper and complete coordination between Federal agencies before, during, and after instances in which the United States participates in— (1) pre-conflict stabilization operations in a foreign country; (2) contingency operations, as defined in section 101(13) of title 10, United States Code, in a foreign country; and (3) post-conflict reconstruction operations, in a foreign country. (c) Organization \nThe Joint Task Force shall be comprised of the following: (1) Director or Acting Director of Operations \nEach Director or Acting Director of Operations, appointed under section 60 of the State Department Basic Authorities Act of 1956, as added by section 102. (2) Deputy commander of the combatant command \nA deputy commander of the combatant command of the joint interagency task force for post-conflict reconstruction operations, established under section 164a of title 10, United States Code, as added by section 201, for each country in which such operations are conducted. (3) Additional officials \nSuch additional officials of the executive branch as the Assistant to the President for National Security Affairs or a designee of the Assistant determines to be appropriate. (d) Meetings \n(1) In general \nThe Joint Task Force shall meet as such times and in such places as the Assistant to the President for National Security Affairs or a designee of the Assistant directs. (2) Mandatory meetings \nIn the case of a pre-conflict stabilization operation, a contingency operation, or a post-conflict reconstruction operation, the Joint Task Force shall meet as soon as practicable after the initiation of such operation.", "id": "H6738C42ED8C84A19B089B9005BA1C7A4", "header": "Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination", "nested": [ { "text": "(a) Establishment \nThere is established in the Executive Office of the President a task force to be known as the Joint Task Force for Stabilization, Reconstruction, and Contingency Operations Coordination (in this section referred to as the Joint Task Force ). The Joint Task Force shall be headed by the Assistant to the President for National Security Affairs or a designee of the Assistant.", "id": "H81AFD1D910AE49C28CF4E343053CFAA7", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Mission \nThe mission of the Joint Task Force is to ensure proper and complete coordination between Federal agencies before, during, and after instances in which the United States participates in— (1) pre-conflict stabilization operations in a foreign country; (2) contingency operations, as defined in section 101(13) of title 10, United States Code, in a foreign country; and (3) post-conflict reconstruction operations, in a foreign country.", "id": "H0DFFB31D30EA47F2A16363FAF104E88", "header": "Mission", "nested": [], "links": [ { "text": "section 101(13)", "legal-doc": "usc", "parsable-cite": "usc/10/101" } ] }, { "text": "(c) Organization \nThe Joint Task Force shall be comprised of the following: (1) Director or Acting Director of Operations \nEach Director or Acting Director of Operations, appointed under section 60 of the State Department Basic Authorities Act of 1956, as added by section 102. (2) Deputy commander of the combatant command \nA deputy commander of the combatant command of the joint interagency task force for post-conflict reconstruction operations, established under section 164a of title 10, United States Code, as added by section 201, for each country in which such operations are conducted. (3) Additional officials \nSuch additional officials of the executive branch as the Assistant to the President for National Security Affairs or a designee of the Assistant determines to be appropriate.", "id": "H72BBF4402FC44451885DD107D984985", "header": "Organization", "nested": [], "links": [ { "text": "section 164a", "legal-doc": "usc", "parsable-cite": "usc/10/164a" } ] }, { "text": "(d) Meetings \n(1) In general \nThe Joint Task Force shall meet as such times and in such places as the Assistant to the President for National Security Affairs or a designee of the Assistant directs. (2) Mandatory meetings \nIn the case of a pre-conflict stabilization operation, a contingency operation, or a post-conflict reconstruction operation, the Joint Task Force shall meet as soon as practicable after the initiation of such operation.", "id": "H250CD13ABE1547C4A6937118A1EAB362", "header": "Meetings", "nested": [], "links": [] } ], "links": [ { "text": "section 101(13)", "legal-doc": "usc", "parsable-cite": "usc/10/101" }, { "text": "section 164a", "legal-doc": "usc", "parsable-cite": "usc/10/164a" } ] }, { "text": "401. Rules of construction \n(a) National security strategy \nNothing in this Act shall be construed to encourage or discourage an increase or decrease in foreign interventions or military or non-military operations by the United States, or to endorse any particular national security strategy or policy. (b) Authority of the President \nNothing in this Act shall be construed to limit the authority of the President to undertake any military or non-military operation that the President considers necessary to protect the national security interests of the United States.", "id": "HD782173767194780B7DD79585CEE24AA", "header": "Rules of construction", "nested": [ { "text": "(a) National security strategy \nNothing in this Act shall be construed to encourage or discourage an increase or decrease in foreign interventions or military or non-military operations by the United States, or to endorse any particular national security strategy or policy.", "id": "H89DAF3426C6944559566D9A2C1D560E6", "header": "National security strategy", "nested": [], "links": [] }, { "text": "(b) Authority of the President \nNothing in this Act shall be construed to limit the authority of the President to undertake any military or non-military operation that the President considers necessary to protect the national security interests of the United States.", "id": "HF4F420BB467B4023A8FBD0354D2F2C00", "header": "Authority of the President", "nested": [], "links": [] } ], "links": [] }, { "text": "402. Sense of Congress \nIt is the sense of Congress that— (1) funds appropriated to carry out the amendments made by this Act should be offset, to the greatest extent practicable, by reductions in redundant or duplicative functions and foreign assistance programs of the Department of State; and (2) increased staff levels required by the amendments made by this Act should be offset, to the greatest extent practicable, by— (A) the transfer of staff within the Department of State; and (B) the elimination of redundant functions of the Department of State that arise as a result of the amendments made by this Act.", "id": "HCC6A4BC70FB74CED940908DFD336DC2", "header": "Sense of Congress", "nested": [], "links": [] } ]

[ "Armed Services Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the High School Athletics Accountability Act of 2004.", "id": "H00D673F36B2444C1AC54134516B203B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Participation in sports results in many long-term physical and psychological health benefits for girls. For instance— (A) providing opportunities to play sports in school is one key way to combat the rising rates of childhood obesity, which is caused in large part by physical inactivity; (B) girls who participate in sports have lower rates of heart disease, breast cancer, and osteoporosis; and (C) girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, and are more likely to have a positive body image than female non-athletes. (3) Participation in sports promotes responsible social behaviors and greater academic success among girls. For instance— (A) girls who participate in sports are more likely to refrain from sexual activity, are more likely to defer having sex until a later age and to have fewer sex partners, and are half as likely to experience an unintended pregnancy as compared to female non-athletes; (B) girls who participate in sports have higher graduation rates, receive better grades, and score higher on standardized tests than female students in general; (C) girls who participate in sports have more positive attitudes towards science, a field traditionally predominated by males; (D) girls who participate in sports are less likely to smoke or use illegal drugs; (E) girls who participate in sports often have strengthened family relationships, including with their fathers and other male family members; and (F) girls who participate in sports learn important professional lessons that have a lifelong influence (Eighty percent of women identified as key leaders in Fortune 500 companies participated in sports while growing up, and 82 percent of executive businesswomen played sports, with the majority saying lessons learned on the playing field contributed to their success in business.). (4) The opportunity to play sports in secondary school helps many middle- and low-income students—who might otherwise be unable to attend college—to gain access to higher education. (5) Physical inactivity is much more common among females than males. (6) Girls who are not involved in physical activity by age 10 have only a 10 percent chance of being athletic when they are 25. (7) Girls receive 1,100,000 fewer opportunities to play high school sports than do boys, which translate into many lost opportunities for athletic participation and scholarships. (8) Several reports indicate that girls’ teams often receive inferior opportunities and benefits in other aspects of athletics programs, including overall budgets; equipment; uniforms; locker rooms and practice and competitive facilities; scheduling of practices, games, and sports seasons; training and medical services; coaches; and publicity. (9) Students and parents should be aware of the athletic opportunities and benefits that their schools provide to male and female students. (10) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school level, students may be deprived of opportunities to play sports and to attend college on an athletic scholarship.", "id": "HEE7166EB9A1C4E63A9B417D8828D6E8F", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Disclosure of statistics on equality in athletic programs \nSubpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 9537. Equality in athletic programs \n(a) Report \nEach coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of male and female students that attended the school. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s gender. (B) The year the team began. (C) The total budget and expenditures for the team, including a listing of the following data: (i) The travel budget and expenditures. (ii) The equipment budget and expenditures (including any equipment replacement schedule). (iii) The uniform budget and expenditures (including any uniform replacement schedule). (iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) The budget and expenditures for training and medical facilities and services. (vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) gender; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) gender; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule \nFor the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public \nA coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and (2) ensure that all students at the school are informed of their right to request such information. (d) Submission; information availability \nOn an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics \nThe Commissioner for Education Statistics shall— (1) ensure that reports under this section are made available to the public within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed..", "id": "H768E16F04B664AD89460055BA8CC6113", "header": "Disclosure of statistics on equality in athletic programs", "nested": [], "links": [ { "text": "20 U.S.C. 7901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7901" } ] }, { "text": "9537. Equality in athletic programs \n(a) Report \nEach coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of male and female students that attended the school. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s gender. (B) The year the team began. (C) The total budget and expenditures for the team, including a listing of the following data: (i) The travel budget and expenditures. (ii) The equipment budget and expenditures (including any equipment replacement schedule). (iii) The uniform budget and expenditures (including any uniform replacement schedule). (iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) The budget and expenditures for training and medical facilities and services. (vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) gender; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) gender; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule \nFor the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public \nA coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and (2) ensure that all students at the school are informed of their right to request such information. (d) Submission; information availability \nOn an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics \nThe Commissioner for Education Statistics shall— (1) ensure that reports under this section are made available to the public within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed.", "id": "H74C2968515E34E97B58758A751AB9D09", "header": "Equality in athletic programs", "nested": [ { "text": "(a) Report \nEach coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of male and female students that attended the school. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s gender. (B) The year the team began. (C) The total budget and expenditures for the team, including a listing of the following data: (i) The travel budget and expenditures. (ii) The equipment budget and expenditures (including any equipment replacement schedule). (iii) The uniform budget and expenditures (including any uniform replacement schedule). (iv) The budget and expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) The budget and expenditures for training and medical facilities and services. (vi) The budget and expenditures for publicity (including press guides, press releases, game programs, and publicity personnel) for competitions. (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) gender; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) gender; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) The total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports.", "id": "H5E4CF321173A4783A8BADB78CF3AF04", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Special rule \nFor the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams.", "id": "HC0397FC07637490285F0C3CBC720389", "header": "Special rule", "nested": [], "links": [] }, { "text": "(c) Disclosure of information to students and public \nA coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students and potential students, upon request, and to the public, the information contained in reports by the school under this section; and (2) ensure that all students at the school are informed of their right to request such information.", "id": "HBBD7076433AC43C39DE276ED32FC8ED3", "header": "Disclosure of information to students and public", "nested": [], "links": [] }, { "text": "(d) Submission; information availability \nOn an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c).", "id": "H9BA1B70F28B044D39C4FCE9FCDAD9DF", "header": "Submission; information availability", "nested": [], "links": [] }, { "text": "(e) Duties of Commissioner for Education Statistics \nThe Commissioner for Education Statistics shall— (1) ensure that reports under this section are made available to the public within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2004, notify all elementary and secondary schools in all States regarding the availability of information under subsection (c) and how such information may be accessed.", "id": "HF407C4FCFF464420A237AAA348CD8900", "header": "Duties of Commissioner for Education Statistics", "nested": [], "links": [] } ], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H33CF59D8828F4665B6CCA81BE6494C6E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Credit for contributions for the benefit of elementary and secondary schools \n(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30B. Credit for contributions for the benefit of elementary and secondary schools \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. (b) Maximum credit \n(1) Individuals \nIn the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). (2) Corporations \nIn the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. (c) Qualified charitable contribution \nFor purposes of this section— (1) In general \nThe term qualified charitable contribution means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions— (A) to a school tuition organization, (B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and (C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). (2) Certain expenses of elementary and secondary school teachers \n(A) In general \nIn the case of an individual who is an eligible educator, the term qualified charitable contribution includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. (B) Coordination with exclusions \nAn amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. (3) School tuition organization \n(A) In general \nThe term school tuition organization means any organization which— (i) is described in section 170(c)(2), (ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and (iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. (B) Elementary and secondary school scholarship \nThe term elementary and secondary school scholarship means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. (4) Eligible educator \n(A) In general \nThe term eligible educator means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. (B) School \nFor purposes of subparagraph (A), the term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (5) School facility \nThe term school facility shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (d) Special rules \n(1) Denial of double benefit \nAmounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. (2) Application with other credits \nThe credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of— (A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over (B) the tentative minimum tax for the taxable year. (e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year.. (b) Clerical amendment \nThe table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H4AB607B29FBD45028F3B86DC47D74B13", "header": "Credit for contributions for the benefit of elementary and secondary schools", "nested": [ { "text": "(a) In general \nSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30B. Credit for contributions for the benefit of elementary and secondary schools \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. (b) Maximum credit \n(1) Individuals \nIn the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). (2) Corporations \nIn the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. (c) Qualified charitable contribution \nFor purposes of this section— (1) In general \nThe term qualified charitable contribution means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions— (A) to a school tuition organization, (B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and (C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). (2) Certain expenses of elementary and secondary school teachers \n(A) In general \nIn the case of an individual who is an eligible educator, the term qualified charitable contribution includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. (B) Coordination with exclusions \nAn amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. (3) School tuition organization \n(A) In general \nThe term school tuition organization means any organization which— (i) is described in section 170(c)(2), (ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and (iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. (B) Elementary and secondary school scholarship \nThe term elementary and secondary school scholarship means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. (4) Eligible educator \n(A) In general \nThe term eligible educator means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. (B) School \nFor purposes of subparagraph (A), the term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (5) School facility \nThe term school facility shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (d) Special rules \n(1) Denial of double benefit \nAmounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. (2) Application with other credits \nThe credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of— (A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over (B) the tentative minimum tax for the taxable year. (e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year..", "id": "H659E38588A394D879DB3757F571DAEFD", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.", "id": "H4E5D0377C6C947C9849929F6C238D4BC", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HDA71A20FBDFC4B35AAA4FEAA03590BE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "30B. Credit for contributions for the benefit of elementary and secondary schools \n(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year. (b) Maximum credit \n(1) Individuals \nIn the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). (2) Corporations \nIn the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000. (c) Qualified charitable contribution \nFor purposes of this section— (1) In general \nThe term qualified charitable contribution means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions— (A) to a school tuition organization, (B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and (C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). (2) Certain expenses of elementary and secondary school teachers \n(A) In general \nIn the case of an individual who is an eligible educator, the term qualified charitable contribution includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. (B) Coordination with exclusions \nAn amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. (3) School tuition organization \n(A) In general \nThe term school tuition organization means any organization which— (i) is described in section 170(c)(2), (ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and (iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. (B) Elementary and secondary school scholarship \nThe term elementary and secondary school scholarship means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. (4) Eligible educator \n(A) In general \nThe term eligible educator means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. (B) School \nFor purposes of subparagraph (A), the term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (5) School facility \nThe term school facility shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. (d) Special rules \n(1) Denial of double benefit \nAmounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. (2) Application with other credits \nThe credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of— (A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over (B) the tentative minimum tax for the taxable year. (e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year.", "id": "H449A87BB23DE4C1C8C35870231151ED8", "header": "Credit for contributions for the benefit of elementary and secondary schools", "nested": [ { "text": "(a) Allowance of credit \nThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the qualified charitable contributions of the taxpayer for the taxable year.", "id": "HE5889051596C43BA8FC5FEF53E375B87", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Maximum credit \n(1) Individuals \nIn the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $500 ($1,000 in the case of a joint return). (2) Corporations \nIn the case of a corporation, the credit allowed by subsection (a) shall not exceed $100,000.", "id": "H2D471E0AD35641CB9F6377862223C818", "header": "Maximum credit", "nested": [], "links": [] }, { "text": "(c) Qualified charitable contribution \nFor purposes of this section— (1) In general \nThe term qualified charitable contribution means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions— (A) to a school tuition organization, (B) for the improvement, renovation, or construction of a school facility that is used primarily to provide education at the elementary or secondary level, and (C) for the acquisition of computer technology or equipment (as defined in subparagraph (E)(i) of section 170(e)(6)), or for training related to the use of such technology or equipment, for use in a school facility described in subparagraph (B). (2) Certain expenses of elementary and secondary school teachers \n(A) In general \nIn the case of an individual who is an eligible educator, the term qualified charitable contribution includes amounts allowable as a deduction by section 162 paid or incurred by the eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. (B) Coordination with exclusions \nAn amount shall be allowed as a credit under this section for expenses described in subparagraph (A) only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year. (3) School tuition organization \n(A) In general \nThe term school tuition organization means any organization which— (i) is described in section 170(c)(2), (ii) allocates at least 90 percent of its gross income and contributions and gifts to elementary and secondary school scholarships, and (iii) awards scholarships to any student who is eligible for free or reduced cost lunch under the school program established under the Richard B. Russell National School Lunch Act. (B) Elementary and secondary school scholarship \nThe term elementary and secondary school scholarship means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade level. (4) Eligible educator \n(A) In general \nThe term eligible educator means, with respect to any taxable year, an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. (B) School \nFor purposes of subparagraph (A), the term school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (5) School facility \nThe term school facility shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public.", "id": "HF5A4B61B3D4249C5BB88BD7DCC738F87", "header": "Qualified charitable contribution", "nested": [], "links": [] }, { "text": "(d) Special rules \n(1) Denial of double benefit \nAmounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162 or 170. (2) Application with other credits \nThe credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of— (A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over (B) the tentative minimum tax for the taxable year.", "id": "H17C0F8B54C654354989C64E0B3CDAB99", "header": "Special rules", "nested": [], "links": [] }, { "text": "(e) Election to have credit not apply \nA taxpayer may elect to have this section not apply for any taxable year.", "id": "H1D23B30A677249908730E6E543970000", "header": "Election to have credit not apply", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Revision of definition of school for purposes of qualified elementary and secondary education expenses \n(a) In general \nParagraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended— (1) in clauses (i) and (ii) of subparagraph (A), by striking public, private, or religious , and (2) in subparagraph (B), by inserting after any school the following: , including a public, private, religious, or home school,. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H7EB18483C3584D83AF57D6FE2DE93514", "header": "Revision of definition of school for purposes of qualified elementary and secondary education expenses", "nested": [ { "text": "(a) In general \nParagraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended— (1) in clauses (i) and (ii) of subparagraph (A), by striking public, private, or religious , and (2) in subparagraph (B), by inserting after any school the following: , including a public, private, religious, or home school,.", "id": "H1AD2E635044C4B679C7EBB6849E481F5", "header": "In general", "nested": [], "links": [ { "text": "section 530(b)", "legal-doc": "usc", "parsable-cite": "usc/26/530" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HAA6B45B7FC03413299E4B98DEF0162B1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 530(b)", "legal-doc": "usc", "parsable-cite": "usc/26/530" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Suspension of duty on Acid red 336 \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: 9902.32.09 Acid red 336 (CAS No. 71873-39-7) (provided for in subheading 3204.12.20) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H2D2EC6800B944E53ACED5274E714E807", "header": "Suspension of duty on Acid red 336", "nested": [ { "text": "(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: 9902.32.09 Acid red 336 (CAS No. 71873-39-7) (provided for in subheading 3204.12.20) Free No Change No Change On or before 12/31/2007", "id": "H2548C913273A416EA2744B91ABF57CF", "header": "In General", "nested": [], "links": [] }, { "text": "(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": "HC1F14BB18B98451CAB0050BBE8B0685", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Internet Spyware (I-SPY) Prevention Act of 2004.", "id": "HAA5A9B4BCE3A4C469DAD01FB6856BCE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Penalties for certain unauthorized activities relating to computers \n(a) In general \nChapter 47 of title 18, is amended by inserting after section 1030 the following: 1030A Illicit indirect use of protected computers \n(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both. (b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairs the security protection of the protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. (c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d) As used in this section— (1) the terms protected computer and exceeds authorized access have, respectively, the meanings given those terms in section 1030; and (2) the term personal information means— (A) a first and last name; (B) a home or other physical address, including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or (F) a credit card or bank account number or any password or access code associated with a credit card or bank account.. (b) Conforming amendment \nThe table of sections at the beginning of chapter 47 of title 18, is amended by inserting after the item relating to section 1030 the following new item: 1030A. Illicit indirect use of protected computers.", "id": "H8C0F39C1469743D19C6E7677475BF4F", "header": "Penalties for certain unauthorized activities relating to computers", "nested": [ { "text": "(a) In general \nChapter 47 of title 18, is amended by inserting after section 1030 the following: 1030A Illicit indirect use of protected computers \n(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both. (b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairs the security protection of the protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. (c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d) As used in this section— (1) the terms protected computer and exceeds authorized access have, respectively, the meanings given those terms in section 1030; and (2) the term personal information means— (A) a first and last name; (B) a home or other physical address, including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or (F) a credit card or bank account number or any password or access code associated with a credit card or bank account..", "id": "H24E7A544AD2D49A18DEE00FE975D71F7", "header": "In general", "nested": [], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/47" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] }, { "text": "(b) Conforming amendment \nThe table of sections at the beginning of chapter 47 of title 18, is amended by inserting after the item relating to section 1030 the following new item: 1030A. Illicit indirect use of protected computers.", "id": "H6CCC2CAC3EC84B5C813DC5A0777F041C", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/47" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] } ], "links": [ { "text": "Chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/47" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "chapter 47", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/47" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" } ] }, { "text": "1030A Illicit indirect use of protected computers \n(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both. (b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairs the security protection of the protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. (c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d) As used in this section— (1) the terms protected computer and exceeds authorized access have, respectively, the meanings given those terms in section 1030; and (2) the term personal information means— (A) a first and last name; (B) a home or other physical address, including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or (F) a credit card or bank account number or any password or access code associated with a credit card or bank account.", "id": "HCECA7042239D43629880B3577B49D013", "header": "Illicit indirect use of protected computers", "nested": [ { "text": "(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both.", "id": "H878E9C4A3EA24FBF9F83818D674027BE", "header": null, "nested": [], "links": [] }, { "text": "(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairs the security protection of the protected computer; shall be fined under this title or imprisoned not more than 2 years, or both.", "id": "HD710A7B899AE44548D24CC6E32463E39", "header": null, "nested": [], "links": [] }, { "text": "(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.", "id": "HC53BDA07F2F04DB8B60082021CEFEE62", "header": null, "nested": [], "links": [] }, { "text": "(d) As used in this section— (1) the terms protected computer and exceeds authorized access have, respectively, the meanings given those terms in section 1030; and (2) the term personal information means— (A) a first and last name; (B) a home or other physical address, including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or (F) a credit card or bank account number or any password or access code associated with a credit card or bank account.", "id": "H57DDD6065D2D40A20030F20056F7E720", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004.", "id": "HE779367710A6490893C7253C8B59B411", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and declarations of policy \nCongress finds and declares the following: (1)(A) According to estimates by the United Nations Children’s Fund (UNICEF), there are more than 132,000,000 children in the world under the age of three. (B) Of these children, 4,000,000 will die in their first month of life and another 7,000,000 will die each year before reaching the age of five. Thus an average of 30,000 children under the age of three die each day. (2) According to a report developed by the United Nations Joint Programme on HIV/AIDS (UNAIDS), UNICEF, and the United States Agency for International Development, in 2001 there were more than 110,000,000 orphans living in sub-Saharan Africa, Asia, Latin America, and the Caribbean. (3) Assessments carried out by the International Labor Organization (ILO) to investigate the situation of children who are working found that orphans are much more likely than non-orphans to be working in commercial agriculture, the domestic service industry, the commercial sex industry, as street vendors, or in industries that violate internationally recognized rights of children. (4) Infants who are poor and malnourished are more likely to contract respiratory infections, diarrhea, measles, and other preventable diseases, and are less likely to receive needed health care. (5) According UNAIDS and UNICEF, by the end of 2001 there were an estimated 14,000,000 children under the age of 15 who had lost one or both parents to AIDS. (6) As the number of HIV cases increases in sub-Saharan Africa and the Caribbean, as well as in Eastern Europe and Asia, the death rate from AIDS among adults in those regions is expected to increase. By 2010 the total number of children in those regions who will lose one or both parents to AIDS is expected to be approximately 30,000,000. (7) One-third of children born from an HIV-infected mother develop HIV/AIDS. Few of these children have access to HIV/AIDS medications. (8) Globally, more than 11,800,000 young people ages 15 to 24 were living with HIV/AIDS in 2001, and each day another 6,000 young people became infected with HIV. New estimates indicate that more than 70 percent of new HIV cases among this age group in sub-Saharan Africa are young women and girls. (9) As their parents fall progressively sick from HIV/AIDS, children generally must take on an increasing number of responsibilities. Girls take responsibility for more household chores, often drop out of school, and care for their parents. (10)(A) Without an adequate diet, individuals infected with HIV often die at an earlier age. Individuals with HIV become increasingly weak and fatigued, do not respond to drug treatment, and are prone to other illnesses such as malnutrition and tuberculosis (TB). (B) Hunger can also cause previously HIV-negative people to engage in high-risk survival strategies, such as work in the commercial sex industry, that increase their chances of becoming infected with HIV. (11) Extreme poverty and hunger coupled with the loss of one or both parents as a result of AIDS can force children from their families to a life on the streets, where the risk of HIV infection is extremely high. (12)(A) A considerable number of United States and indigenous private voluntary organizations, including faith-based organizations, provide relatively modest amounts of assistance to orphans and other vulnerable children in developing countries, especially children affected by HIV/AIDS. (B) Many of these organizations have submitted applications for grants from the United States Agency for International Development in order to provide increased levels of assistance for orphans and other vulnerable children in developing countries but in most cases the Agency has not approved the applications. (13)(A) Section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) establishes the requirement that for fiscal years 2006 through 2008, not less than 10 percent of amounts appropriated for HIV/AIDS assistance for each such fiscal year shall be expended for assistance for orphans and other vulnerable children affected by HIV/AIDS. (B) Further, section 403(b) of Public Law 108–25 requires that at least 50 percent of such amounts shall be provided through non-profit, nongovernmental organizations, including faith-based organizations, that implement programs on the community level. (14)(A) It is essential that the United States Government adopt a comprehensive approach for the provision of assistance to orphans and other vulnerable children in developing countries. (B) This comprehensive approach should ensure that important services, such as basic care, treatment for those children with HIV/AIDS, mental health and related services for those children affected by HIV/AIDS, school food programs, increased educational opportunities and employment training and related services, and the protection and promotion of inheritance rights, are made more accessible. (C) This comprehensive approach should also ensure that government agencies and the private sector coordinate efforts to prevent and eliminate duplication of efforts and waste. (15) As a result of the numerous United States Government programs under which assistance is specifically authorized or otherwise available for orphans and vulnerable children in developing countries, the United States Agency for International Development will be required to develop innovative methods for the conduct and monitoring of these programs, including through the collection, analysis, and reporting of information on the programs.", "id": "HACBDA0B9FB1A48C8A87058E38F819740", "header": "Findings and declarations of policy", "nested": [], "links": [ { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" }, { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "3. Assistance for orphans and other vulnerable children in developing countries \nTitle V of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2201 ) is amended to read as follows: V Assistance for orphans and other vulnerable children \n241. Findings; declaration of policy \n(a) Findings \nCongress finds the following: (1) By 2010, HIV/AIDS will orphan more than 25,000,000 children worldwide. (2) Ongoing conflicts and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States Government. (3) Although the United States Government currently administers assistance programs for orphans and other vulnerable children in developing countries, for fiscal year 2002 the United States Agency for International Development reported that the United States Government provided assistance to only 462,000 such orphans and other vulnerable children, or less than one-half of one percent of the estimated 108,000,000 total number of such orphans and other vulnerable children. (4) The United States Government should increase its efforts to provide assistance for orphans and other vulnerable children in developing countries, especially those children affected by HIV/AIDS or conflict. (5) The United States Agency for International Development should establish improved capacity to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private voluntary organizations, including faith-based organizations. (6) Further, the United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries. (b) Declaration of Policy \nCongress, recognizing that prompt and appropriate action by the United States to assist orphans and other vulnerable children in developing countries is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to assist such orphans and other vulnerable children— (1) by providing assistance for the purpose of improving the health, nutritional, shelter, educational, economic, and psychological status of orphans and other vulnerable children in such countries; and (2) by providing humanitarian and protection assistance to such orphans and other vulnerable children affected by conflict or civil strife. 242. Assistance to provide basic care \n(a) Findings \nCongress finds the following: (1) The need for individuals and local organizations in developing countries to assist households headed by children is necessary due to the increase in the number of such households. Millions of children in these types of households lack basic care, such as access to food and shelter. (2) When communities are responsible for raising orphans, these children are cared for in a rich and nurturing environment and remain connected to the traditions and rituals of families and the community. (3) As the number of these children increases, the ability of communities to provide basic care for such children is limited. Assistance to support the provision of such basic care is therefore necessary in and of itself and also to facilitate the provision of other types of assistance for such children under this title. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for programs in developing countries to provide basic care for orphans and other vulnerable children. (2) Activities supported \nAssistance provided under paragraph (1) should be used— (A) to support individuals and local organizations, including teachers, social workers, and representatives from religious institutions and nongovernmental organizations, to mobilize their own resources through the establishment of community care councils to provide basic care for orphans and other vulnerable children, including day care, food assistance, protection assistance, and home visits; (B) to increase the capacity of community care councils described in subparagraph (A) to meet on a regular basis to identify orphans and other vulnerable children and to facilitate the provision of services; and (C) to establish and operate centers in such communities to provide basic care described in subparagraph (A). (3) Definition \nIn this subsection, the term protection assistance means all appropriate measures to promote the physical and psychological security of an individual, provide equal access to basic services for the individual, and safeguard the legal and human rights and dignity of the individual. 243. Assistance to provide treatment to orphans and other vulnerable children with HIV/AIDS \n(a) Findings \nCongress finds the following: (1) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. (2) In 2002, approximately 2,500,000 children were at risk for infection with HIV through mother-to-child transmission, which includes transmission at any point during pregnancy, labor, delivery, or breastfeeding. (3) To date, more than 4,000,000 children worldwide are estimated to have died from AIDS, primarily contracted through mother-to-child transmission. Every year, approximately 700,000 babies are infected with HIV, of which the majority are living in Africa. (4) In southern Africa HIV/AIDS is now the leading cause of death among young children, accounting for almost half of such deaths. (5) Research has shown conclusively that initiation in a timely manner of antiretroviral therapy for infants or young children with HIV/AIDS can preserve or restore their immune functions, promote normal growth and development, and prolong life. (6) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for the treatment of orphans and other vulnerable children with HIV/AIDS in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to carry out the following activities: (A) The treatment of orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, including high-quality, low-cost antiretrovirals and other therapies, including generically manufactured pharmaceuticals where appropriate. (B)(i) The recruitment and training of individuals to provide the treatment described in subparagraph (A), including the recruitment and training of appropriate support personnel. (ii) Such training should include appropriate methodologies relating to initial diagnosis, appropriate dosages of pharmaceuticals, monitoring, medication adherence techniques, and treatment for any complications resulting from such pharmaceuticals. (C) Activities of medical laboratories relating to the treatment described in subparagraph (A), including assistance for the purchase of necessary equipment. 244. Assistance to provide psychosocial support to orphans and other vulnerable children affected by HIV/AIDS \n(a) Findings \nCongress finds the following: (1) Many children who are orphaned as a result of AIDS blame themselves for the death of a parent and many children are separated from siblings, sometimes for life. (2) The trauma that results from the loss of a parent as a result of AIDS can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child’s performance in school and the child’s social relations. (3) Children living in families affected by HIV/AIDS are often stigmatized, teased, and ostracized by peers. In Uganda, some children who are orphaned as a result of AIDS are called ‘walking corpses’ and discouraged from attending school. (4) Children living in families affected by HIV/AIDS who are most vulnerable are those children in households headed by children. In these households, trained community volunteers can play a major role through home visits. (5) In many African countries, religious leaders are mobilizing individuals and local organizations within the community to identify and respond to the psychosocial needs of those children affected by AIDS. (b) Assistance \nThe President is authorized to provide assistance for programs in developing countries to provide mental health treatment and related services to orphans and other vulnerable children affected by HIV/AIDS. 245. Assistance for school food programs \n(a) Findings \nCongress finds the following: (1) In 2004, it is estimated that 125,000,000 children worldwide do not attend school, in part because of hunger and malnutrition, and the vast majority of these children are young girls. (2) School food programs, including take-home rations, in developing countries provide strong incentives for parents to send their children to school and ensure that they continue with their education. School food programs may reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement. (3) In 2004, more than 8,000,000 children in sub-Saharan Africa are underweight compared to 1994. Malnutrition enhances the risk that orphans and other vulnerable children will be at risk for illness and infections, especially if these children are also infected with HIV. (4) Healthy members of families affected by HIV/AIDS in developing countries often leave the workforce to care for those family members with HIV/AIDS, which compounds the problem of access to food for the family. Food consumption has been shown to drop by as much as 40 percent in these families. (5)(A) Although a number of organizations seek to meet the needs of children who are orphaned or vulnerable as a result of HIV/AIDS, local communities continue to be the primary providers of support for these children. (B) According to a survey by the United States Agency for International Development, orphans and other vulnerable children relied on relatives for food support 74 percent of the time and on friends for food support 19 percent of the time. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for school food programs in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to purchase local or regional foodstuffs, where appropriate, for school food programs. 246. Assistance to increase educational opportunities and provide employment training \n(a) Findings \nCongress finds the following: (1) The lack of financial resources in families affected by HIV/AIDS prevents many orphans and other vulnerable children in developing countries from attending school because of the requirement to pay school fees and other costs of education. (2) Such children, in particular young girls, are often forced to miss school in order to serve as caregivers to relatives with HIV/AIDS or assume adult responsibilities for providing for the family. Younger children who lose a parent also lose the opportunity to learn skills that they will need to support themselves as they grow older. (3) According to the International Labor Organization (ILO), approximately 250,000,000 children and adolescents ages 5 to 14 in developing countries are working part-time and approximately 120,000,000 children and adolescents ages 5 to 14 in developing countries are working full-time. (4) In many regions of Africa and other developing countries, non-formal education plays an important role to provide children who are unable to attend school with the employment and related life skills training such children need to survive. (5) Many organizations in Africa, including faith-based organizations, provide employment and related life skills training for older children to better prepare them to serve as caregivers for younger siblings. (6) Organizations that provide non-formal education can assist the thousands of children in developing countries who are not currently being assisted by families or communities and are struggling to survive. (b) Assistance \n(1) Education assistance \nThe President is authorized to provide assistance for programs in developing countries to increase enrollment in public primary schools by eliminating school fees and other costs of education, especially in developing countries heavily affected by HIV/AIDS. Amounts made available to carry out this paragraph are authorized to be made available to the President to make voluntary contributions to the United Nations Children’s Fund to achieve the purposes of this paragraph. (2) Employment training assistance \nThe President is authorized to provide assistance for programs in developing countries to provide employment training and related services for orphans and other vulnerable children, especially in developing countries heavily affected by HIV/AIDS. 247. Assistance to protect and promote inheritance rights \n(a) Finding \nCongress finds that orphans and other vulnerable children in developing countries, particularly children who are orphaned as a result of AIDS, are routinely denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited. (b) Assistance \nThe President is authorized to provide assistance in support of programs in developing countries to protect and promote the inheritance rights of orphans and other vulnerable children, particularly young girls and children who are orphaned as a result of AIDS. 248. Administration of assistance \n(a) Office for Orphans and Other Vulnerable Children \n(1) Establishment \nThere is established within the United States Agency for International Development an Office for Orphans and Other Vulnerable Children (hereafter in this title referred to as the Office ), which shall be headed by a Director who shall be appointed by the Administrator of the Agency. (2) Duties \nThe Office shall be responsible for carrying out this title. (b) Approval of Applications \nThe Director of the Office shall be responsible for reviewing or approving all applications submitted to the United States Agency for International Development for assistance under this title, including applications submitted to field missions of the Agency. (c) Priority \nIn providing assistance under this title, priority should be given to assistance for developing countries in which the rate of HIV infection, as reported in the most recent epidemiological data for that country compiled by the United Nations Joint Programme on HIV/AIDS (UNAIDS), is at least 5 percent among women attending prenatal clinics or more than 15 percent among individuals in groups with high-risk behavior. (d) Form of Assistance \nAssistance under this title shall be provided in the form of— (1) grants, cooperative agreements, or contracts; (2) contributions to international organizations; or (3) assistance to the governments of developing countries. (e) Coordination \nThe provision of assistance under this title for children who are orphaned as a result of HIV/AIDS, or are children with HIV/AIDS, shall be undertaken in a manner that is consistent with assistance authorized under section 104A of this Act and assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ). (f) Other Assistance \n(1) Review and approval of other usaid assistance \nThe Director of the Office shall be responsible for reviewing or approving— (A) each component of the annual plan of a mission, bureau, or other office of the United States Agency for International Development as the component relates to assistance for orphans and other vulnerable children in developing countries; and (B) each program, project, or activity relating to such assistance. (2) Coordination of all u.s. Government assistance \nThe Director of the Office shall be responsible for ensuring coordination of all United States Government programs to provide assistance for orphans and other vulnerable children in developing countries. 249. Monitoring system \n(a) Establishment \nIn order to maximize the sustainable development impact of assistance authorized under this title, the President shall establish a monitoring system that meets the requirements of subsection (b). (b) Requirements \nThe requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1). (3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the impact of the assistance. 250. Report \n(a) Report \nNot later than December 31, 2005, and each December 31 thereafter, the President shall transmit to Congress a report that contains a detailed description of the implementation of this title for the previous fiscal year. (b) Contents \nThe report shall contain the following information: (1) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under this title— (A) the amount of the grant, cooperative agreement, contract, contribution, or other form of assistance, the name of each recipient and each developing country with respect to which projects or activities under the grant, cooperative agreement, contract, contribution, or other form of assistance were carried out, and the approximate number of orphans and other vulnerable children who received assistance under the projects or activities; and (B) the results of the monitoring system with respect to the grant, cooperative agreement, contract, contribution, or other form of assistance. (2) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under any provision of law other than this title for assistance for orphans and other vulnerable children in developing countries, the information described in paragraph (1)(A). (3) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance under this title or under any other provision of law. 251. Authorization of appropriations; additional provisions \n(a) Authorization of Appropriation \n(1) In general \nOf the amounts made available to carry out the provisions of law described in paragraph (2), there are authorized to be appropriated to the President to carry out this title such sums as may be necessary for each of the fiscal years 2005 and 2006. (2) Provisions of law \nThe provisions of law referred to in paragraph (1) are the following: (A) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) and the amendments made by that Act. (B) Any other provision of law under which assistance is authorized for orphans and other vulnerable children in developing countries. (b) Additional Provisions \n(1) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes. (2) Minimum funding requirement \nNot less than 60 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year (other than amounts made available for assistance to eliminate school fees and other costs of education pursuant to section 246) shall be provided through United States or indigenous private voluntary organizations that implement programs on the community level. Amounts provided by for-profit entities to not-for-profit entities from assistance under this title shall not be considered for purposes of satisfying the requirement of this paragraph. (3) Assistance under other provisions of law \n(A) In general \nNotwithstanding any other provision of law, amounts made available for assistance for orphans or other vulnerable children in developing countries under any provision of law other than this title may be provided to further the purposes of this title. (B) Report \nTo the extent assistance described in subparagraph (A) is provided in accordance with such subparagraph, the President shall include, as part of the report required under section 250, a detailed description of such assistance and, to the extent applicable, the information required by subsection (b)(1)(A) of such section with respect to such assistance. 252. Definitions \nIn this title: (1) AIDS \nThe term AIDS has the meaning given the term in section 104A(g)(1) of this Act. (2) Children \nThe term children means persons who have not attained the age of 18. (3) HIV \nThe term HIV has the meaning given the term in section 104A(g)(2) of this Act. (4) HIV/AIDS \nThe term HIV/AIDS has the meaning given the term in section 104A(g)(3) of this Act. (5) Orphan \nThe term orphan means a child deprived by death of one or both parents. (6) Vulnerable children \nThe term ‘vulnerable children’ includes children who are neglected, destitute, abandoned, homeless, disabled, suffering from malnutrition, are sexually exploited or abused, or are displaced or otherwise adversely affected by armed conflict..", "id": "HB63293364ED7465EA6B0F4DB980286F7", "header": "Assistance for orphans and other vulnerable children in developing countries", "nested": [], "links": [ { "text": "22 U.S.C. 2201", "legal-doc": "usc", "parsable-cite": "usc/22/2201" }, { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" }, { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "241. Findings; declaration of policy \n(a) Findings \nCongress finds the following: (1) By 2010, HIV/AIDS will orphan more than 25,000,000 children worldwide. (2) Ongoing conflicts and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States Government. (3) Although the United States Government currently administers assistance programs for orphans and other vulnerable children in developing countries, for fiscal year 2002 the United States Agency for International Development reported that the United States Government provided assistance to only 462,000 such orphans and other vulnerable children, or less than one-half of one percent of the estimated 108,000,000 total number of such orphans and other vulnerable children. (4) The United States Government should increase its efforts to provide assistance for orphans and other vulnerable children in developing countries, especially those children affected by HIV/AIDS or conflict. (5) The United States Agency for International Development should establish improved capacity to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private voluntary organizations, including faith-based organizations. (6) Further, the United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries. (b) Declaration of Policy \nCongress, recognizing that prompt and appropriate action by the United States to assist orphans and other vulnerable children in developing countries is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to assist such orphans and other vulnerable children— (1) by providing assistance for the purpose of improving the health, nutritional, shelter, educational, economic, and psychological status of orphans and other vulnerable children in such countries; and (2) by providing humanitarian and protection assistance to such orphans and other vulnerable children affected by conflict or civil strife.", "id": "H69CEBB33E9DD4150A2B1CCFFF18B2200", "header": "Findings; declaration of policy", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) By 2010, HIV/AIDS will orphan more than 25,000,000 children worldwide. (2) Ongoing conflicts and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States Government. (3) Although the United States Government currently administers assistance programs for orphans and other vulnerable children in developing countries, for fiscal year 2002 the United States Agency for International Development reported that the United States Government provided assistance to only 462,000 such orphans and other vulnerable children, or less than one-half of one percent of the estimated 108,000,000 total number of such orphans and other vulnerable children. (4) The United States Government should increase its efforts to provide assistance for orphans and other vulnerable children in developing countries, especially those children affected by HIV/AIDS or conflict. (5) The United States Agency for International Development should establish improved capacity to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private voluntary organizations, including faith-based organizations. (6) Further, the United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries.", "id": "HD5140A7E1A904EA5B99DD069B5FC7C99", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Declaration of Policy \nCongress, recognizing that prompt and appropriate action by the United States to assist orphans and other vulnerable children in developing countries is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to assist such orphans and other vulnerable children— (1) by providing assistance for the purpose of improving the health, nutritional, shelter, educational, economic, and psychological status of orphans and other vulnerable children in such countries; and (2) by providing humanitarian and protection assistance to such orphans and other vulnerable children affected by conflict or civil strife.", "id": "HEFC72577865142E2B7F4BE225342E866", "header": "Declaration of Policy", "nested": [], "links": [] } ], "links": [] }, { "text": "242. Assistance to provide basic care \n(a) Findings \nCongress finds the following: (1) The need for individuals and local organizations in developing countries to assist households headed by children is necessary due to the increase in the number of such households. Millions of children in these types of households lack basic care, such as access to food and shelter. (2) When communities are responsible for raising orphans, these children are cared for in a rich and nurturing environment and remain connected to the traditions and rituals of families and the community. (3) As the number of these children increases, the ability of communities to provide basic care for such children is limited. Assistance to support the provision of such basic care is therefore necessary in and of itself and also to facilitate the provision of other types of assistance for such children under this title. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for programs in developing countries to provide basic care for orphans and other vulnerable children. (2) Activities supported \nAssistance provided under paragraph (1) should be used— (A) to support individuals and local organizations, including teachers, social workers, and representatives from religious institutions and nongovernmental organizations, to mobilize their own resources through the establishment of community care councils to provide basic care for orphans and other vulnerable children, including day care, food assistance, protection assistance, and home visits; (B) to increase the capacity of community care councils described in subparagraph (A) to meet on a regular basis to identify orphans and other vulnerable children and to facilitate the provision of services; and (C) to establish and operate centers in such communities to provide basic care described in subparagraph (A). (3) Definition \nIn this subsection, the term protection assistance means all appropriate measures to promote the physical and psychological security of an individual, provide equal access to basic services for the individual, and safeguard the legal and human rights and dignity of the individual.", "id": "H4E00A84490C64A4A804C6B4368DCEE7D", "header": "Assistance to provide basic care", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The need for individuals and local organizations in developing countries to assist households headed by children is necessary due to the increase in the number of such households. Millions of children in these types of households lack basic care, such as access to food and shelter. (2) When communities are responsible for raising orphans, these children are cared for in a rich and nurturing environment and remain connected to the traditions and rituals of families and the community. (3) As the number of these children increases, the ability of communities to provide basic care for such children is limited. Assistance to support the provision of such basic care is therefore necessary in and of itself and also to facilitate the provision of other types of assistance for such children under this title.", "id": "HD5A9086E4C0744FF9D1B6DF404D42F84", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Assistance \n(1) In general \nThe President is authorized to provide assistance for programs in developing countries to provide basic care for orphans and other vulnerable children. (2) Activities supported \nAssistance provided under paragraph (1) should be used— (A) to support individuals and local organizations, including teachers, social workers, and representatives from religious institutions and nongovernmental organizations, to mobilize their own resources through the establishment of community care councils to provide basic care for orphans and other vulnerable children, including day care, food assistance, protection assistance, and home visits; (B) to increase the capacity of community care councils described in subparagraph (A) to meet on a regular basis to identify orphans and other vulnerable children and to facilitate the provision of services; and (C) to establish and operate centers in such communities to provide basic care described in subparagraph (A). (3) Definition \nIn this subsection, the term protection assistance means all appropriate measures to promote the physical and psychological security of an individual, provide equal access to basic services for the individual, and safeguard the legal and human rights and dignity of the individual.", "id": "H3D2FD173B1B14B3DAD049981827F37CF", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "243. Assistance to provide treatment to orphans and other vulnerable children with HIV/AIDS \n(a) Findings \nCongress finds the following: (1) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. (2) In 2002, approximately 2,500,000 children were at risk for infection with HIV through mother-to-child transmission, which includes transmission at any point during pregnancy, labor, delivery, or breastfeeding. (3) To date, more than 4,000,000 children worldwide are estimated to have died from AIDS, primarily contracted through mother-to-child transmission. Every year, approximately 700,000 babies are infected with HIV, of which the majority are living in Africa. (4) In southern Africa HIV/AIDS is now the leading cause of death among young children, accounting for almost half of such deaths. (5) Research has shown conclusively that initiation in a timely manner of antiretroviral therapy for infants or young children with HIV/AIDS can preserve or restore their immune functions, promote normal growth and development, and prolong life. (6) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for the treatment of orphans and other vulnerable children with HIV/AIDS in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to carry out the following activities: (A) The treatment of orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, including high-quality, low-cost antiretrovirals and other therapies, including generically manufactured pharmaceuticals where appropriate. (B)(i) The recruitment and training of individuals to provide the treatment described in subparagraph (A), including the recruitment and training of appropriate support personnel. (ii) Such training should include appropriate methodologies relating to initial diagnosis, appropriate dosages of pharmaceuticals, monitoring, medication adherence techniques, and treatment for any complications resulting from such pharmaceuticals. (C) Activities of medical laboratories relating to the treatment described in subparagraph (A), including assistance for the purchase of necessary equipment.", "id": "H99F832FFF9D2436CB05BF98700DC6164", "header": "Assistance to provide treatment to orphans and other vulnerable children with HIV/AIDS", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. (2) In 2002, approximately 2,500,000 children were at risk for infection with HIV through mother-to-child transmission, which includes transmission at any point during pregnancy, labor, delivery, or breastfeeding. (3) To date, more than 4,000,000 children worldwide are estimated to have died from AIDS, primarily contracted through mother-to-child transmission. Every year, approximately 700,000 babies are infected with HIV, of which the majority are living in Africa. (4) In southern Africa HIV/AIDS is now the leading cause of death among young children, accounting for almost half of such deaths. (5) Research has shown conclusively that initiation in a timely manner of antiretroviral therapy for infants or young children with HIV/AIDS can preserve or restore their immune functions, promote normal growth and development, and prolong life. (6) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment.", "id": "H3BA0075CDE2449F08F6F252D48F735B2", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Assistance \n(1) In general \nThe President is authorized to provide assistance for the treatment of orphans and other vulnerable children with HIV/AIDS in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to carry out the following activities: (A) The treatment of orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, including high-quality, low-cost antiretrovirals and other therapies, including generically manufactured pharmaceuticals where appropriate. (B)(i) The recruitment and training of individuals to provide the treatment described in subparagraph (A), including the recruitment and training of appropriate support personnel. (ii) Such training should include appropriate methodologies relating to initial diagnosis, appropriate dosages of pharmaceuticals, monitoring, medication adherence techniques, and treatment for any complications resulting from such pharmaceuticals. (C) Activities of medical laboratories relating to the treatment described in subparagraph (A), including assistance for the purchase of necessary equipment.", "id": "H31AC6394364C4CAAAF800054B90900E6", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "244. Assistance to provide psychosocial support to orphans and other vulnerable children affected by HIV/AIDS \n(a) Findings \nCongress finds the following: (1) Many children who are orphaned as a result of AIDS blame themselves for the death of a parent and many children are separated from siblings, sometimes for life. (2) The trauma that results from the loss of a parent as a result of AIDS can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child’s performance in school and the child’s social relations. (3) Children living in families affected by HIV/AIDS are often stigmatized, teased, and ostracized by peers. In Uganda, some children who are orphaned as a result of AIDS are called ‘walking corpses’ and discouraged from attending school. (4) Children living in families affected by HIV/AIDS who are most vulnerable are those children in households headed by children. In these households, trained community volunteers can play a major role through home visits. (5) In many African countries, religious leaders are mobilizing individuals and local organizations within the community to identify and respond to the psychosocial needs of those children affected by AIDS. (b) Assistance \nThe President is authorized to provide assistance for programs in developing countries to provide mental health treatment and related services to orphans and other vulnerable children affected by HIV/AIDS.", "id": "H22DD5E0FD2D044C689B19AA710722CB", "header": "Assistance to provide psychosocial support to orphans and other vulnerable children affected by HIV/AIDS", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Many children who are orphaned as a result of AIDS blame themselves for the death of a parent and many children are separated from siblings, sometimes for life. (2) The trauma that results from the loss of a parent as a result of AIDS can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child’s performance in school and the child’s social relations. (3) Children living in families affected by HIV/AIDS are often stigmatized, teased, and ostracized by peers. In Uganda, some children who are orphaned as a result of AIDS are called ‘walking corpses’ and discouraged from attending school. (4) Children living in families affected by HIV/AIDS who are most vulnerable are those children in households headed by children. In these households, trained community volunteers can play a major role through home visits. (5) In many African countries, religious leaders are mobilizing individuals and local organizations within the community to identify and respond to the psychosocial needs of those children affected by AIDS.", "id": "H21F35E402168418D8D6238513B1995E4", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Assistance \nThe President is authorized to provide assistance for programs in developing countries to provide mental health treatment and related services to orphans and other vulnerable children affected by HIV/AIDS.", "id": "HFB4E66420F354639979D72C13CD0128", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "245. Assistance for school food programs \n(a) Findings \nCongress finds the following: (1) In 2004, it is estimated that 125,000,000 children worldwide do not attend school, in part because of hunger and malnutrition, and the vast majority of these children are young girls. (2) School food programs, including take-home rations, in developing countries provide strong incentives for parents to send their children to school and ensure that they continue with their education. School food programs may reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement. (3) In 2004, more than 8,000,000 children in sub-Saharan Africa are underweight compared to 1994. Malnutrition enhances the risk that orphans and other vulnerable children will be at risk for illness and infections, especially if these children are also infected with HIV. (4) Healthy members of families affected by HIV/AIDS in developing countries often leave the workforce to care for those family members with HIV/AIDS, which compounds the problem of access to food for the family. Food consumption has been shown to drop by as much as 40 percent in these families. (5)(A) Although a number of organizations seek to meet the needs of children who are orphaned or vulnerable as a result of HIV/AIDS, local communities continue to be the primary providers of support for these children. (B) According to a survey by the United States Agency for International Development, orphans and other vulnerable children relied on relatives for food support 74 percent of the time and on friends for food support 19 percent of the time. (b) Assistance \n(1) In general \nThe President is authorized to provide assistance for school food programs in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to purchase local or regional foodstuffs, where appropriate, for school food programs.", "id": "HC2F03EE0249D45298EFACF37588477", "header": "Assistance for school food programs", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In 2004, it is estimated that 125,000,000 children worldwide do not attend school, in part because of hunger and malnutrition, and the vast majority of these children are young girls. (2) School food programs, including take-home rations, in developing countries provide strong incentives for parents to send their children to school and ensure that they continue with their education. School food programs may reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement. (3) In 2004, more than 8,000,000 children in sub-Saharan Africa are underweight compared to 1994. Malnutrition enhances the risk that orphans and other vulnerable children will be at risk for illness and infections, especially if these children are also infected with HIV. (4) Healthy members of families affected by HIV/AIDS in developing countries often leave the workforce to care for those family members with HIV/AIDS, which compounds the problem of access to food for the family. Food consumption has been shown to drop by as much as 40 percent in these families. (5)(A) Although a number of organizations seek to meet the needs of children who are orphaned or vulnerable as a result of HIV/AIDS, local communities continue to be the primary providers of support for these children. (B) According to a survey by the United States Agency for International Development, orphans and other vulnerable children relied on relatives for food support 74 percent of the time and on friends for food support 19 percent of the time.", "id": "H8A5AA09A4C8F4FD8B0ECA0CB5D526F76", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Assistance \n(1) In general \nThe President is authorized to provide assistance for school food programs in developing countries. (2) Activities supported \nAssistance provided under paragraph (1) should be used to purchase local or regional foodstuffs, where appropriate, for school food programs.", "id": "HE35BA66E040F4B7194512758D9CDDB72", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "246. Assistance to increase educational opportunities and provide employment training \n(a) Findings \nCongress finds the following: (1) The lack of financial resources in families affected by HIV/AIDS prevents many orphans and other vulnerable children in developing countries from attending school because of the requirement to pay school fees and other costs of education. (2) Such children, in particular young girls, are often forced to miss school in order to serve as caregivers to relatives with HIV/AIDS or assume adult responsibilities for providing for the family. Younger children who lose a parent also lose the opportunity to learn skills that they will need to support themselves as they grow older. (3) According to the International Labor Organization (ILO), approximately 250,000,000 children and adolescents ages 5 to 14 in developing countries are working part-time and approximately 120,000,000 children and adolescents ages 5 to 14 in developing countries are working full-time. (4) In many regions of Africa and other developing countries, non-formal education plays an important role to provide children who are unable to attend school with the employment and related life skills training such children need to survive. (5) Many organizations in Africa, including faith-based organizations, provide employment and related life skills training for older children to better prepare them to serve as caregivers for younger siblings. (6) Organizations that provide non-formal education can assist the thousands of children in developing countries who are not currently being assisted by families or communities and are struggling to survive. (b) Assistance \n(1) Education assistance \nThe President is authorized to provide assistance for programs in developing countries to increase enrollment in public primary schools by eliminating school fees and other costs of education, especially in developing countries heavily affected by HIV/AIDS. Amounts made available to carry out this paragraph are authorized to be made available to the President to make voluntary contributions to the United Nations Children’s Fund to achieve the purposes of this paragraph. (2) Employment training assistance \nThe President is authorized to provide assistance for programs in developing countries to provide employment training and related services for orphans and other vulnerable children, especially in developing countries heavily affected by HIV/AIDS.", "id": "HC4C86263B07046C799799012875651F5", "header": "Assistance to increase educational opportunities and provide employment training", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The lack of financial resources in families affected by HIV/AIDS prevents many orphans and other vulnerable children in developing countries from attending school because of the requirement to pay school fees and other costs of education. (2) Such children, in particular young girls, are often forced to miss school in order to serve as caregivers to relatives with HIV/AIDS or assume adult responsibilities for providing for the family. Younger children who lose a parent also lose the opportunity to learn skills that they will need to support themselves as they grow older. (3) According to the International Labor Organization (ILO), approximately 250,000,000 children and adolescents ages 5 to 14 in developing countries are working part-time and approximately 120,000,000 children and adolescents ages 5 to 14 in developing countries are working full-time. (4) In many regions of Africa and other developing countries, non-formal education plays an important role to provide children who are unable to attend school with the employment and related life skills training such children need to survive. (5) Many organizations in Africa, including faith-based organizations, provide employment and related life skills training for older children to better prepare them to serve as caregivers for younger siblings. (6) Organizations that provide non-formal education can assist the thousands of children in developing countries who are not currently being assisted by families or communities and are struggling to survive.", "id": "H762AAC5A7EC74F8700C6F664FEE57177", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Assistance \n(1) Education assistance \nThe President is authorized to provide assistance for programs in developing countries to increase enrollment in public primary schools by eliminating school fees and other costs of education, especially in developing countries heavily affected by HIV/AIDS. Amounts made available to carry out this paragraph are authorized to be made available to the President to make voluntary contributions to the United Nations Children’s Fund to achieve the purposes of this paragraph. (2) Employment training assistance \nThe President is authorized to provide assistance for programs in developing countries to provide employment training and related services for orphans and other vulnerable children, especially in developing countries heavily affected by HIV/AIDS.", "id": "HDD89BB7A51B847958536F7BA0249871D", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "247. Assistance to protect and promote inheritance rights \n(a) Finding \nCongress finds that orphans and other vulnerable children in developing countries, particularly children who are orphaned as a result of AIDS, are routinely denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited. (b) Assistance \nThe President is authorized to provide assistance in support of programs in developing countries to protect and promote the inheritance rights of orphans and other vulnerable children, particularly young girls and children who are orphaned as a result of AIDS.", "id": "H7A9CACAA06104EF2B727099966F634CE", "header": "Assistance to protect and promote inheritance rights", "nested": [ { "text": "(a) Finding \nCongress finds that orphans and other vulnerable children in developing countries, particularly children who are orphaned as a result of AIDS, are routinely denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited.", "id": "H371A34BD1BBB4E9DB81B3D8B00FC1854", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Assistance \nThe President is authorized to provide assistance in support of programs in developing countries to protect and promote the inheritance rights of orphans and other vulnerable children, particularly young girls and children who are orphaned as a result of AIDS.", "id": "H5ED162193E06440CA6C25EAD9B6FBCB8", "header": "Assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "248. Administration of assistance \n(a) Office for Orphans and Other Vulnerable Children \n(1) Establishment \nThere is established within the United States Agency for International Development an Office for Orphans and Other Vulnerable Children (hereafter in this title referred to as the Office ), which shall be headed by a Director who shall be appointed by the Administrator of the Agency. (2) Duties \nThe Office shall be responsible for carrying out this title. (b) Approval of Applications \nThe Director of the Office shall be responsible for reviewing or approving all applications submitted to the United States Agency for International Development for assistance under this title, including applications submitted to field missions of the Agency. (c) Priority \nIn providing assistance under this title, priority should be given to assistance for developing countries in which the rate of HIV infection, as reported in the most recent epidemiological data for that country compiled by the United Nations Joint Programme on HIV/AIDS (UNAIDS), is at least 5 percent among women attending prenatal clinics or more than 15 percent among individuals in groups with high-risk behavior. (d) Form of Assistance \nAssistance under this title shall be provided in the form of— (1) grants, cooperative agreements, or contracts; (2) contributions to international organizations; or (3) assistance to the governments of developing countries. (e) Coordination \nThe provision of assistance under this title for children who are orphaned as a result of HIV/AIDS, or are children with HIV/AIDS, shall be undertaken in a manner that is consistent with assistance authorized under section 104A of this Act and assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ). (f) Other Assistance \n(1) Review and approval of other usaid assistance \nThe Director of the Office shall be responsible for reviewing or approving— (A) each component of the annual plan of a mission, bureau, or other office of the United States Agency for International Development as the component relates to assistance for orphans and other vulnerable children in developing countries; and (B) each program, project, or activity relating to such assistance. (2) Coordination of all u.s. Government assistance \nThe Director of the Office shall be responsible for ensuring coordination of all United States Government programs to provide assistance for orphans and other vulnerable children in developing countries.", "id": "H1CB3DE9C2F9349DFA6609699782E345D", "header": "Administration of assistance", "nested": [ { "text": "(a) Office for Orphans and Other Vulnerable Children \n(1) Establishment \nThere is established within the United States Agency for International Development an Office for Orphans and Other Vulnerable Children (hereafter in this title referred to as the Office ), which shall be headed by a Director who shall be appointed by the Administrator of the Agency. (2) Duties \nThe Office shall be responsible for carrying out this title.", "id": "HAA240E678F8D43508CC03D4B3B5CA6FB", "header": "Office for Orphans and Other Vulnerable Children", "nested": [], "links": [] }, { "text": "(b) Approval of Applications \nThe Director of the Office shall be responsible for reviewing or approving all applications submitted to the United States Agency for International Development for assistance under this title, including applications submitted to field missions of the Agency.", "id": "HD6252806D4454B149DB3F57EA400233C", "header": "Approval of Applications", "nested": [], "links": [] }, { "text": "(c) Priority \nIn providing assistance under this title, priority should be given to assistance for developing countries in which the rate of HIV infection, as reported in the most recent epidemiological data for that country compiled by the United Nations Joint Programme on HIV/AIDS (UNAIDS), is at least 5 percent among women attending prenatal clinics or more than 15 percent among individuals in groups with high-risk behavior.", "id": "HE62325723118489D802D07A5F7C02B2", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Form of Assistance \nAssistance under this title shall be provided in the form of— (1) grants, cooperative agreements, or contracts; (2) contributions to international organizations; or (3) assistance to the governments of developing countries.", "id": "HE62EF514E22E465F87A3A33BF9F72230", "header": "Form of Assistance", "nested": [], "links": [] }, { "text": "(e) Coordination \nThe provision of assistance under this title for children who are orphaned as a result of HIV/AIDS, or are children with HIV/AIDS, shall be undertaken in a manner that is consistent with assistance authorized under section 104A of this Act and assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ).", "id": "H8EAC8A175A554E309E21B0B9F3A8EA91", "header": "Coordination", "nested": [], "links": [ { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "(f) Other Assistance \n(1) Review and approval of other usaid assistance \nThe Director of the Office shall be responsible for reviewing or approving— (A) each component of the annual plan of a mission, bureau, or other office of the United States Agency for International Development as the component relates to assistance for orphans and other vulnerable children in developing countries; and (B) each program, project, or activity relating to such assistance. (2) Coordination of all u.s. Government assistance \nThe Director of the Office shall be responsible for ensuring coordination of all United States Government programs to provide assistance for orphans and other vulnerable children in developing countries.", "id": "H98C490BF94E94DECABB59E448400B687", "header": "Other Assistance", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "249. Monitoring system \n(a) Establishment \nIn order to maximize the sustainable development impact of assistance authorized under this title, the President shall establish a monitoring system that meets the requirements of subsection (b). (b) Requirements \nThe requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1). (3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the impact of the assistance.", "id": "H368E4F9671114A8AA740AFB86D51922B", "header": "Monitoring system", "nested": [ { "text": "(a) Establishment \nIn order to maximize the sustainable development impact of assistance authorized under this title, the President shall establish a monitoring system that meets the requirements of subsection (b).", "id": "HD25AFA579DC9480599001EC54598DC25", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1). (3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the impact of the assistance.", "id": "HD79776C3035340B98DE74475A95B4DC1", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "250. Report \n(a) Report \nNot later than December 31, 2005, and each December 31 thereafter, the President shall transmit to Congress a report that contains a detailed description of the implementation of this title for the previous fiscal year. (b) Contents \nThe report shall contain the following information: (1) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under this title— (A) the amount of the grant, cooperative agreement, contract, contribution, or other form of assistance, the name of each recipient and each developing country with respect to which projects or activities under the grant, cooperative agreement, contract, contribution, or other form of assistance were carried out, and the approximate number of orphans and other vulnerable children who received assistance under the projects or activities; and (B) the results of the monitoring system with respect to the grant, cooperative agreement, contract, contribution, or other form of assistance. (2) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under any provision of law other than this title for assistance for orphans and other vulnerable children in developing countries, the information described in paragraph (1)(A). (3) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance under this title or under any other provision of law.", "id": "H0CC136B532B947AA8753EF371C40FB0", "header": "Report", "nested": [ { "text": "(a) Report \nNot later than December 31, 2005, and each December 31 thereafter, the President shall transmit to Congress a report that contains a detailed description of the implementation of this title for the previous fiscal year.", "id": "HD6F76451F8234692A2B5D75974D2BE46", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report shall contain the following information: (1) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under this title— (A) the amount of the grant, cooperative agreement, contract, contribution, or other form of assistance, the name of each recipient and each developing country with respect to which projects or activities under the grant, cooperative agreement, contract, contribution, or other form of assistance were carried out, and the approximate number of orphans and other vulnerable children who received assistance under the projects or activities; and (B) the results of the monitoring system with respect to the grant, cooperative agreement, contract, contribution, or other form of assistance. (2) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under any provision of law other than this title for assistance for orphans and other vulnerable children in developing countries, the information described in paragraph (1)(A). (3) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance under this title or under any other provision of law.", "id": "H5304576D5BAA446C9DD7536450C7BB67", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "251. Authorization of appropriations; additional provisions \n(a) Authorization of Appropriation \n(1) In general \nOf the amounts made available to carry out the provisions of law described in paragraph (2), there are authorized to be appropriated to the President to carry out this title such sums as may be necessary for each of the fiscal years 2005 and 2006. (2) Provisions of law \nThe provisions of law referred to in paragraph (1) are the following: (A) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) and the amendments made by that Act. (B) Any other provision of law under which assistance is authorized for orphans and other vulnerable children in developing countries. (b) Additional Provisions \n(1) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes. (2) Minimum funding requirement \nNot less than 60 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year (other than amounts made available for assistance to eliminate school fees and other costs of education pursuant to section 246) shall be provided through United States or indigenous private voluntary organizations that implement programs on the community level. Amounts provided by for-profit entities to not-for-profit entities from assistance under this title shall not be considered for purposes of satisfying the requirement of this paragraph. (3) Assistance under other provisions of law \n(A) In general \nNotwithstanding any other provision of law, amounts made available for assistance for orphans or other vulnerable children in developing countries under any provision of law other than this title may be provided to further the purposes of this title. (B) Report \nTo the extent assistance described in subparagraph (A) is provided in accordance with such subparagraph, the President shall include, as part of the report required under section 250, a detailed description of such assistance and, to the extent applicable, the information required by subsection (b)(1)(A) of such section with respect to such assistance.", "id": "HA4A3C5EB0B634AF59B9D7263B85106B0", "header": "Authorization of appropriations; additional provisions", "nested": [ { "text": "(a) Authorization of Appropriation \n(1) In general \nOf the amounts made available to carry out the provisions of law described in paragraph (2), there are authorized to be appropriated to the President to carry out this title such sums as may be necessary for each of the fiscal years 2005 and 2006. (2) Provisions of law \nThe provisions of law referred to in paragraph (1) are the following: (A) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) and the amendments made by that Act. (B) Any other provision of law under which assistance is authorized for orphans and other vulnerable children in developing countries.", "id": "H4DD33FAA15424C59969818D2CCE4E174", "header": "Authorization of Appropriation", "nested": [], "links": [ { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "(b) Additional Provisions \n(1) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended and are in addition to amounts otherwise available for such purposes. (2) Minimum funding requirement \nNot less than 60 percent of amounts appropriated pursuant to the authorization of appropriations under subsection (a) for a fiscal year (other than amounts made available for assistance to eliminate school fees and other costs of education pursuant to section 246) shall be provided through United States or indigenous private voluntary organizations that implement programs on the community level. Amounts provided by for-profit entities to not-for-profit entities from assistance under this title shall not be considered for purposes of satisfying the requirement of this paragraph. (3) Assistance under other provisions of law \n(A) In general \nNotwithstanding any other provision of law, amounts made available for assistance for orphans or other vulnerable children in developing countries under any provision of law other than this title may be provided to further the purposes of this title. (B) Report \nTo the extent assistance described in subparagraph (A) is provided in accordance with such subparagraph, the President shall include, as part of the report required under section 250, a detailed description of such assistance and, to the extent applicable, the information required by subsection (b)(1)(A) of such section with respect to such assistance.", "id": "H017A2848F09E4767AECC071400F7A9E0", "header": "Additional Provisions", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–25", "legal-doc": "public-law", "parsable-cite": "pl/108/25" } ] }, { "text": "252. Definitions \nIn this title: (1) AIDS \nThe term AIDS has the meaning given the term in section 104A(g)(1) of this Act. (2) Children \nThe term children means persons who have not attained the age of 18. (3) HIV \nThe term HIV has the meaning given the term in section 104A(g)(2) of this Act. (4) HIV/AIDS \nThe term HIV/AIDS has the meaning given the term in section 104A(g)(3) of this Act. (5) Orphan \nThe term orphan means a child deprived by death of one or both parents. (6) Vulnerable children \nThe term ‘vulnerable children’ includes children who are neglected, destitute, abandoned, homeless, disabled, suffering from malnutrition, are sexually exploited or abused, or are displaced or otherwise adversely affected by armed conflict.", "id": "H15E63440E7A6456F89BC949B6509355F", "header": "Definitions", "nested": [], "links": [] } ]

[ "Foreign Relations Committee", "Foreign Affairs Committee" ]

[ { "text": "1. Congressman Jack Fields Post Office \n(a) Redesignation \nThe facility of the United States Postal Service located at 4025 Feather Lakes Way in Kingwood, Texas, and known as the Kingwood Post Office, is hereby redesignated as the Congressman Jack Fields 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 Congressman Jack Fields Post Office.", "id": "HDCC538EE8FBC4ECF9F59A747E89C7CE1", "header": "Congressman Jack Fields Post Office", "nested": [ { "text": "(a) Redesignation \nThe facility of the United States Postal Service located at 4025 Feather Lakes Way in Kingwood, Texas, and known as the Kingwood Post Office, is hereby redesignated as the Congressman Jack Fields Post Office.", "id": "HD933845B308544D7971D3BFCC38500D3", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(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 Congressman Jack Fields Post Office.", "id": "H8FF8091D2A5E43F49216BCC3BF7B284B", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H318B9D13994748C98E378B4271FBDD20", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Knowledge utilization allows information generated by scientifically valid research to be available to, and usable by, educators in the classroom. (2) Limited knowledge utilization has impeded the progress of schools in increasing academic achievement of students. (3) Research shows that student achievement increases when education practices based on scientifically valid research are used by classroom teachers. (4) To facilitate the coordination and use of research-based practices by classroom teachers, effective knowledge utilization is essential, including the development and use of products and strategies based on scientifically valid research. (5) The active involvement of teachers, principals, district administrators, and chief State school officers in knowledge utilization activities is essential to the effective application of research-based knowledge to policy and practice. (6) Although the No Child Left Behind Act of 2001 (which amended the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. )) requires educators to use instructional practices and innovations supported by scientifically valid research, such practices and innovations are in short supply and not widely available and coordinated for use in classrooms. (7) Given that a significant percentage of public schools in the United States are not making adequate yearly progress under the No Child Left Behind Act of 2001, steps must be taken to coordinate the use of knowledge utilization by classroom educators. (8) Particular subgroups of students are not making adequate yearly progress, as defined by the No Child Left Behind Act of 2001, including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency. Such students require targeted efforts to ensure that they are receiving instruction supported by scientifically valid research. (9) More instructional activities and practices supported by scientifically valid research need to be developed to meet the current and expected demands of educators in schools. (10) Although existing federal research, development, dissemination, and technical assistance programs have been proven to be effective, these programs need to be brought to national scale and coordinated through a national, knowledge utilization initiative. (11) Effective knowledge utilization in education brings together the professional wisdom of practitioners and the best available empirical evidence generated through scientifically valid research. (12) Too often exemplary innovations in teaching, curriculum, and assessment are demonstrated to be effective, but have minimal impact because they are not brought to scale. (13) Educational practices that are supported by scientifically valid research need to be brought to greater scale in school districts across the country in order to have broad influence on student achievement. (14) National leadership is needed to provide targeted initiatives, collaboration, and coordination of knowledge utilization programs to ensure that classroom educators have access to, and utilize practices supported by, scientifically valid research. (15) A national leadership office intended to coordinate Department of Education programs and promote knowledge utilization in education will facilitate the effective implementation of the No Child Left Behind Act of 2001.", "id": "H287366E14D01440698424344ADCAEBFD", "header": "Findings", "nested": [], "links": [ { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" } ] }, { "text": "3. National leadership office for knowledge utilization in education \n(a) Establishment \nThere shall be in the Department of Education the National Leadership Office for Knowledge Utilization in Education (in this section referred to as the Office ), to be headed by a Director appointed under subsection (c). (b) Duties \nThe duties of the Office shall be the following: (1) Promoting the use of scientifically valid research in education practice and innovation. (2) Providing leadership to the Nation in developing and promoting policies, practices, and investments that result in the provision of instruction supported by scientifically valid research to elementary and secondary school students. (3) Developing and promoting policies, practices, and investments that result in bringing to scale successful educational practices that are based on scientifically valid research. (4) Informing the public about the significance of using scientifically valid research in education. (5) Encouraging the use of new technologies in appropriate knowledge utilization efforts. (6) Supporting the effective coordination of current federally supported knowledge utilization programs, including regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation. (7) Administering the partnership established pursuant to subsection (e). (8) Producing the biennial report required by subsection (f). (9) Using the expertise of existing knowledge utilization programs to assist in the implementation of this section. (c) Director; staff \n(1) Appointment \nThe Secretary of Education shall appoint the Director of the Office. (2) Qualifications \nThe Director of the Office shall be selected from among individuals who are experts in— (A) knowledge utilization, including promoting the effective implementation of the results of research in the classroom; and (B) managing large institutions or consortia that conduct a broad array of research applications. (3) Duties \nThe Director of the Office shall— (A) report directly to the Secretary; (B) be responsible for the duties of the Office described in subsection (b); and (C) perform such additional functions as the Secretary may prescribe. (4) Compensation \nSection 5315 of title 5, United States Code, relating to level IV of the Executive Schedule, is amended by adding at the end of the list in such section the following new item: Director of the National Leadership Office for Knowledge Utilization in Education.. (5) Staff \nThe Director of the Office may select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Office, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (d) Interagency task force \n(1) Establishment \nTo promote coordination and cooperation among Federal departments and agencies administering knowledge utilization programs and activities, the Director of the Office shall convene the Interagency Task Force on Knowledge Utilization in Education (in this subsection referred to as the Task Force ). (2) Duties \nThe Task Force shall— (A) identify and review Federal programs, activities, and projects with respect to knowledge utilization in education (including any plans for such programs, activities, and projects); and (B) prepare, for inclusion in the biennial report under subsection (f), recommendations on ways to improve the coordination and collaboration of such programs, activities, and projects. (3) Membership \nThe Task Force shall be composed of the following members: (A) The Director of the Institute of Education Sciences. (B) The Director of the National Institute of Child Health and Human Development. (C) The Director of the National Science Foundation. (D) The Director of the Office. (E) Such Assistant Secretaries and other officials from the Department of Education as the Secretary may designate. (F) Such other members as the President, the Secretary, or the Director of the Office may invite. (4) Chairperson \nThe Director of the Office shall serve as the Chairperson of the Task Force. (5) Termination \nThe Task Force shall terminate 2 years after the date of the enactment of this Act, subject to renewal at the discretion of the Director of the Office. (e) Knowledge Utilization Partnership in Education \n(1) Establishment \nThe Director of the Office shall establish a network of private and public entities throughout the Nation, to be known as the Knowledge Utilization Partnership in Education (in this subsection referred to as the Partnership ). (2) Purpose \nThe purpose of the Partnership is to promote and advance knowledge utilization in education in conjunction with private and public organizations and entities throughout the Nation. (3) Duties \nThe Partnership shall— (A) encourage private-public venture partnerships for knowledge utilization; (B) identify needs in relation to knowledge utilization programs, activities, and projects supported by the Federal Government; (C) provide general advice to the Office; and (D) provide ambassadors to the elementary and secondary education community to encourage the adoption of education practices supported by scientifically valid research. (4) Advisory Panel \n(A) Establishment \nThe Director of the Office may establish a Partnership Advisory Panel (in this paragraph referred to as the Panel ). (B) Membership \nThe Director shall select the members of the Panel from among individuals who represent entities participating in the Partnership and have expertise in knowledge utilization. (C) Duties \nThe duties of the Panel shall be the following: (i) To provide advice to the Director regarding the opportunities and challenges of promoting knowledge utilization activities at the local, State, and Federal levels through the Partnership. (ii) To offer suggestions to the Director for promoting knowledge utilization policies and strategies in the future through the Partnership. (f) Biennial report \n(1) In general \nThe Director of the Office shall— (A) conduct a biennial analysis of the state of knowledge utilization in education practice and innovation; and (B) submit a report on the results of each such analysis to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (2) Contents \nEach report submitted under this subsection shall— (A) include an assessment of efforts to increase the use of education practices supported by scientifically valid research; (B) include the recommendations of the Interagency Task Force on Knowledge Utilization in Education prepared pursuant to subsection (d)(2); and (C) recommend changes in policies to further promote progress in knowledge utilization. (3) Initial report \nThe Director of the Office shall submit the first report under this subsection not later than 2 years after the date of the enactment of this Act.", "id": "H09EF93E0B6F849B4B5EAA756D53417B2", "header": "National leadership office for knowledge utilization in education", "nested": [ { "text": "(a) Establishment \nThere shall be in the Department of Education the National Leadership Office for Knowledge Utilization in Education (in this section referred to as the Office ), to be headed by a Director appointed under subsection (c).", "id": "H25B576F72E4641B0ABB9ED78043A0D4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe duties of the Office shall be the following: (1) Promoting the use of scientifically valid research in education practice and innovation. (2) Providing leadership to the Nation in developing and promoting policies, practices, and investments that result in the provision of instruction supported by scientifically valid research to elementary and secondary school students. (3) Developing and promoting policies, practices, and investments that result in bringing to scale successful educational practices that are based on scientifically valid research. (4) Informing the public about the significance of using scientifically valid research in education. (5) Encouraging the use of new technologies in appropriate knowledge utilization efforts. (6) Supporting the effective coordination of current federally supported knowledge utilization programs, including regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation. (7) Administering the partnership established pursuant to subsection (e). (8) Producing the biennial report required by subsection (f). (9) Using the expertise of existing knowledge utilization programs to assist in the implementation of this section.", "id": "HF64BE2326B3F47D7B9FCCDD41E689EEB", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Director; staff \n(1) Appointment \nThe Secretary of Education shall appoint the Director of the Office. (2) Qualifications \nThe Director of the Office shall be selected from among individuals who are experts in— (A) knowledge utilization, including promoting the effective implementation of the results of research in the classroom; and (B) managing large institutions or consortia that conduct a broad array of research applications. (3) Duties \nThe Director of the Office shall— (A) report directly to the Secretary; (B) be responsible for the duties of the Office described in subsection (b); and (C) perform such additional functions as the Secretary may prescribe. (4) Compensation \nSection 5315 of title 5, United States Code, relating to level IV of the Executive Schedule, is amended by adding at the end of the list in such section the following new item: Director of the National Leadership Office for Knowledge Utilization in Education.. (5) Staff \nThe Director of the Office may select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Office, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.", "id": "HBD89C44D59934E0680B7233F166708C5", "header": "Director; staff", "nested": [], "links": [ { "text": "Section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "(d) Interagency task force \n(1) Establishment \nTo promote coordination and cooperation among Federal departments and agencies administering knowledge utilization programs and activities, the Director of the Office shall convene the Interagency Task Force on Knowledge Utilization in Education (in this subsection referred to as the Task Force ). (2) Duties \nThe Task Force shall— (A) identify and review Federal programs, activities, and projects with respect to knowledge utilization in education (including any plans for such programs, activities, and projects); and (B) prepare, for inclusion in the biennial report under subsection (f), recommendations on ways to improve the coordination and collaboration of such programs, activities, and projects. (3) Membership \nThe Task Force shall be composed of the following members: (A) The Director of the Institute of Education Sciences. (B) The Director of the National Institute of Child Health and Human Development. (C) The Director of the National Science Foundation. (D) The Director of the Office. (E) Such Assistant Secretaries and other officials from the Department of Education as the Secretary may designate. (F) Such other members as the President, the Secretary, or the Director of the Office may invite. (4) Chairperson \nThe Director of the Office shall serve as the Chairperson of the Task Force. (5) Termination \nThe Task Force shall terminate 2 years after the date of the enactment of this Act, subject to renewal at the discretion of the Director of the Office.", "id": "H7B5B2E0A79C34A9D97526FD6298837ED", "header": "Interagency task force", "nested": [], "links": [] }, { "text": "(e) Knowledge Utilization Partnership in Education \n(1) Establishment \nThe Director of the Office shall establish a network of private and public entities throughout the Nation, to be known as the Knowledge Utilization Partnership in Education (in this subsection referred to as the Partnership ). (2) Purpose \nThe purpose of the Partnership is to promote and advance knowledge utilization in education in conjunction with private and public organizations and entities throughout the Nation. (3) Duties \nThe Partnership shall— (A) encourage private-public venture partnerships for knowledge utilization; (B) identify needs in relation to knowledge utilization programs, activities, and projects supported by the Federal Government; (C) provide general advice to the Office; and (D) provide ambassadors to the elementary and secondary education community to encourage the adoption of education practices supported by scientifically valid research. (4) Advisory Panel \n(A) Establishment \nThe Director of the Office may establish a Partnership Advisory Panel (in this paragraph referred to as the Panel ). (B) Membership \nThe Director shall select the members of the Panel from among individuals who represent entities participating in the Partnership and have expertise in knowledge utilization. (C) Duties \nThe duties of the Panel shall be the following: (i) To provide advice to the Director regarding the opportunities and challenges of promoting knowledge utilization activities at the local, State, and Federal levels through the Partnership. (ii) To offer suggestions to the Director for promoting knowledge utilization policies and strategies in the future through the Partnership.", "id": "H3EA012EB7B99442F8DC1F41FC23D1E85", "header": "Knowledge Utilization Partnership in Education", "nested": [], "links": [] }, { "text": "(f) Biennial report \n(1) In general \nThe Director of the Office shall— (A) conduct a biennial analysis of the state of knowledge utilization in education practice and innovation; and (B) submit a report on the results of each such analysis to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (2) Contents \nEach report submitted under this subsection shall— (A) include an assessment of efforts to increase the use of education practices supported by scientifically valid research; (B) include the recommendations of the Interagency Task Force on Knowledge Utilization in Education prepared pursuant to subsection (d)(2); and (C) recommend changes in policies to further promote progress in knowledge utilization. (3) Initial report \nThe Director of the Office shall submit the first report under this subsection not later than 2 years after the date of the enactment of this Act.", "id": "H1D8B38DB76FA49BEB08E15FFAE0072C9", "header": "Biennial report", "nested": [], "links": [] } ], "links": [ { "text": "Section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "4. Grants to promote knowledge utilization in education \n(a) Program authorized \nThe Secretary of Education shall make competitive grants to, and enter into contracts with, eligible entities to support projects that promote knowledge utilization in education. (b) Use of funds \nThe Secretary may not make a grant to an eligible entity under this section unless the entity agrees to use the grant for 1 or more of the following: (1) Helping educators become more informed consumers of research-based knowledge utilization programs and services through sustained professional development activities, including annual conferences, summer teacher academies, on-line seminars, and school-based workshops. (2) Creating incentives for States and districts to expand and coordinate their investments in knowledge utilization initiatives. (3) Focusing special knowledge utilization efforts on high-need, low-capacity areas such as rural schools. (4) Developing a national corps of regionally based research-to-practice coordinators to work in schools on the effective implementation, utilization, and dissemination of education practices supported by scientifically valid research. (5) Targeting efforts to classroom educators working with subgroups whose test scores indicate that they need improvement under the adequate yearly progress calculation required by section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ), including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency. (6) Conducting research on knowledge utilization. (7) Coordinating and enhancing existing federally supported knowledge utilization programs, including regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation. (8) Supporting efforts to identify and disseminate promising practices in the implementation of education innovation that are supported by scientifically valid research. (9) Promoting entrepreneurship in developing new solutions, innovations, and choices in education for consumers that are supported by scientifically valid research. (10) Establishing fellowship programs to encourage expert capacity in knowledge utilization. (11) Using Internet-based technology to enable classroom teachers to access, in all content areas, instructional practice and innovation that are grounded in scientifically valid research. (12) Developing means and methods for making the information from the What Works Clearinghouse and other clearinghouses available to, and accessible by, classroom teachers. (13) Developing strategies to support the use of scientifically valid research by classroom teachers and school administrators in managing and improving student behavior and school climate. (c) Applications \nTo seek a grant or a contract under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (d) Eligible entities \nIn this section, the term eligible entity — (1) means a private or public, for-profit or nonprofit organization, institution, agency, institution of higher education, or partnership of such entities, that has demonstrated expertise in knowledge utilization in education; and (2) includes existing federally supported knowledge utilization programs, such as regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation.", "id": "H7DFB837555114480AF9B9EAC68AB22E7", "header": "Grants to promote knowledge utilization in education", "nested": [ { "text": "(a) Program authorized \nThe Secretary of Education shall make competitive grants to, and enter into contracts with, eligible entities to support projects that promote knowledge utilization in education.", "id": "H06473AE36F0047F3A4C654AE414BA878", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Use of funds \nThe Secretary may not make a grant to an eligible entity under this section unless the entity agrees to use the grant for 1 or more of the following: (1) Helping educators become more informed consumers of research-based knowledge utilization programs and services through sustained professional development activities, including annual conferences, summer teacher academies, on-line seminars, and school-based workshops. (2) Creating incentives for States and districts to expand and coordinate their investments in knowledge utilization initiatives. (3) Focusing special knowledge utilization efforts on high-need, low-capacity areas such as rural schools. (4) Developing a national corps of regionally based research-to-practice coordinators to work in schools on the effective implementation, utilization, and dissemination of education practices supported by scientifically valid research. (5) Targeting efforts to classroom educators working with subgroups whose test scores indicate that they need improvement under the adequate yearly progress calculation required by section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ), including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency. (6) Conducting research on knowledge utilization. (7) Coordinating and enhancing existing federally supported knowledge utilization programs, including regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation. (8) Supporting efforts to identify and disseminate promising practices in the implementation of education innovation that are supported by scientifically valid research. (9) Promoting entrepreneurship in developing new solutions, innovations, and choices in education for consumers that are supported by scientifically valid research. (10) Establishing fellowship programs to encourage expert capacity in knowledge utilization. (11) Using Internet-based technology to enable classroom teachers to access, in all content areas, instructional practice and innovation that are grounded in scientifically valid research. (12) Developing means and methods for making the information from the What Works Clearinghouse and other clearinghouses available to, and accessible by, classroom teachers. (13) Developing strategies to support the use of scientifically valid research by classroom teachers and school administrators in managing and improving student behavior and school climate.", "id": "H00DCC332B64342C3A7C36149A606DED0", "header": "Use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 6311(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "(c) Applications \nTo seek a grant or a contract under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.", "id": "HEC6E114C6C6A44089D3173E7BD3F5BBC", "header": "Applications", "nested": [], "links": [] }, { "text": "(d) Eligible entities \nIn this section, the term eligible entity — (1) means a private or public, for-profit or nonprofit organization, institution, agency, institution of higher education, or partnership of such entities, that has demonstrated expertise in knowledge utilization in education; and (2) includes existing federally supported knowledge utilization programs, such as regional educational laboratories, research and development centers, technical assistance centers and consortia, national clearinghouses, and other entities involved in research, development, dissemination, technical assistance, and evaluation.", "id": "H2B47B0E713884AADB635128CB7842D2F", "header": "Eligible entities", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 6311(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "5. Definitions \nIn this Act: (1) Applied research \nThe term applied research has the meaning given to that term in section 102 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 ). (2) Knowledge utilization \nThe term knowledge utilization — (A) means the interactive processes involving research, development, dissemination, technical assistance, and evaluation in which research-based knowledge is applied to improving instructional practice; and (B) includes such activities essential to school improvement as— (i) development and evaluation of practical applications of research, such as procedures, policies, practices, programs, materials, and training; (ii) the use of research-based technical assistance and professional development for policymakers, practitioners, and other stakeholders; (iii) collection and dissemination of information, data, and statistics; (iv) initiatives for building linkages among research, policy, and practice; and (v) an infrastructure for increasing capacity for the use of research and its applications. (3) Office \nThe term Office means the National Leadership Office for Knowledge Utilization in Education established by section 3. (4) Scientifically valid research \nThe term scientifically valid research has the meaning given to that term in section 102 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 ). (5) Secretary \nThe term Secretary means the Secretary of Education.", "id": "H84D2D9F7AD854B77A0D097F3ED86BD0", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 9501", "legal-doc": "usc", "parsable-cite": "usc/20/9501" }, { "text": "20 U.S.C. 9501", "legal-doc": "usc", "parsable-cite": "usc/20/9501" } ] }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2005 through 2008.", "id": "H2A5ABD876BF0495AA2D9594E8C6EDB19", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee" ]

[ { "text": "1. Permanent resident status for Malik Jarno \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Malik Jarno 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 Malik Jarno enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Malik Jarno, 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 Malik Jarno shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HB63BFEC524D4418B9FDAC45095C6D879", "header": "Permanent resident status for Malik Jarno", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Malik Jarno 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.", "id": "HA0BC35BF4B044C94BED0B4B8846DAA2F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Malik Jarno enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H151BC515752B4AEC9D4E0800596CD0AF", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(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.", "id": "H96F33F31BA094E939FF5449D1AD75CE", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Malik Jarno, 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.", "id": "HEDAB90A2FD174064A0CD4DA06208B900", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Malik Jarno shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H950FF82760294BFF8B78473300A620A6", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Spousal obligations \nChapter 11A of title 18, United States Code, is amended by adding at the end the following: 228A. Failure to pay legal spousal obligations \n(a) Offense \nAny person who— (1) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a court ordered obligation with respect to a spouse or former spouse, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) Presumption \nThe existence of an obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the obligation for that time period. (c) Punishment \nThe punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. (d) Mandatory restitution \nUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid obligation as it exists at the time of sentencing. (e) Venue \nWith respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the spouse or former spouse who is the subject of the obligation resided during a period during which the person who is alleged to have failed to pay the obligation or traveled with the intent to evade the obligation, allegedly failed to meet that obligation; (2) the district in which the alleged offender resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. (f) Definitions \nAs used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); (2) the term State includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term court ordered obligation to a spouse or former spouse means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a spouse or former spouse, or as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce..", "id": "H8B7B2E0677E24B2487E605328DB95113", "header": "Spousal obligations", "nested": [], "links": [ { "text": "Chapter 11A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11A" }, { "text": "25 U.S.C. 479a", "legal-doc": "usc", "parsable-cite": "usc/25/479a" } ] }, { "text": "228A. Failure to pay legal spousal obligations \n(a) Offense \nAny person who— (1) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a court ordered obligation with respect to a spouse or former spouse, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). (b) Presumption \nThe existence of an obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the obligation for that time period. (c) Punishment \nThe punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. (d) Mandatory restitution \nUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid obligation as it exists at the time of sentencing. (e) Venue \nWith respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the spouse or former spouse who is the subject of the obligation resided during a period during which the person who is alleged to have failed to pay the obligation or traveled with the intent to evade the obligation, allegedly failed to meet that obligation; (2) the district in which the alleged offender resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. (f) Definitions \nAs used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); (2) the term State includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term court ordered obligation to a spouse or former spouse means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a spouse or former spouse, or as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce.", "id": "H8AE4E991C03F4ABEB66DD100D76F11B", "header": "Failure to pay legal spousal obligations", "nested": [ { "text": "(a) Offense \nAny person who— (1) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a court ordered obligation with respect to a spouse or former spouse, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a court ordered obligation with respect to a spouse or former spouse who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c).", "id": "HD2A0466A918B4239B67374B8DCB6C36", "header": "Offense", "nested": [], "links": [] }, { "text": "(b) Presumption \nThe existence of an obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the obligation for that time period.", "id": "HB443C611AF0C4ABB979BD552A91813E8", "header": "Presumption", "nested": [], "links": [] }, { "text": "(c) Punishment \nThe punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.", "id": "H4276E2B5E70043BC8DD07E00AE08A74F", "header": "Punishment", "nested": [], "links": [] }, { "text": "(d) Mandatory restitution \nUpon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid obligation as it exists at the time of sentencing.", "id": "H4E75B3869113409BB409AF42CAE7E84E", "header": "Mandatory restitution", "nested": [], "links": [] }, { "text": "(e) Venue \nWith respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the spouse or former spouse who is the subject of the obligation resided during a period during which the person who is alleged to have failed to pay the obligation or traveled with the intent to evade the obligation, allegedly failed to meet that obligation; (2) the district in which the alleged offender resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law.", "id": "HD41E6D482C5D4C91987D62A3BB001C5D", "header": "Venue", "nested": [], "links": [] }, { "text": "(f) Definitions \nAs used in this section— (1) the term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ); (2) the term State includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term court ordered obligation to a spouse or former spouse means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a spouse or former spouse, or as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce.", "id": "H2DFF9139B62743779B588F3525E04317", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 479a", "legal-doc": "usc", "parsable-cite": "usc/25/479a" } ] } ], "links": [ { "text": "25 U.S.C. 479a", "legal-doc": "usc", "parsable-cite": "usc/25/479a" } ] }, { "text": "2. Conforming amendment to table of sections \nThe table of sections at the beginning of chapter 11A of title 18, United States Code, is amended by adding at the end the following new item: 228A. Failure to pay legal spousal obligations.", "id": "H20F07DF1130E4404A0DAEBE2B3FA4ECC", "header": "Conforming amendment to table of sections", "nested": [], "links": [ { "text": "chapter 11A", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11A" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4FF18AB2F1674DD399C5D1122FEAA1B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nSection 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Special firearms event \nThe term special firearms event — (A) means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; (B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923 or 932; and (C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events conducted and attended by permanent or annual dues paying members, and their immediate family, of private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities. (37) Special firearms event licensee \nThe term special firearms event licensee means any person who has obtained and holds a valid license in compliance with section 932(d) and who is authorized to contact the national instant criminal background check system on behalf of another individual, who is not licensed under this chapter, for the purpose of conducting a background check for a potential firearms transfer at a special firearms event in accordance with section 932(c). (38) Special firearms event vendor \nThe term special firearms event vendor means any person who is not required to be licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a special firearms event, regardless of whether or not the person arranges with the special firearms event promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms..", "id": "HBB9A4D5B77924D20B77F52D12B678747", "header": "Definitions", "nested": [], "links": [ { "text": "Section 921(a)", "legal-doc": "usc", "parsable-cite": "usc/18/921" } ] }, { "text": "3. Regulation of firearms transfers at special firearms events \n(a) In general \nChapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Regulation of firearms transfers at special firearms events \n(a) Special firearms events operators \n(1) Notification to Attorney General of special firearms event operators \n(A) In general \nIt shall be unlawful for any person to operate a special firearms event unless that person notifies the Attorney General in accordance with regulations promulgated by the Attorney General. (B) Fees \nThe Attorney General shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the notification requirement in subparagraph (A). (2) Responsibilities of special firearms events operators \nIt shall be unlawful for a special firearms events operator to organize, plan, promote, or operate a special firearms event unless that operator— (A) not later than 30 days before the commencement of the special firearms event, notifies the Attorney General, in writing, of the date, time, duration, and location of the special firearms event, and the special firearms event vendors planning to participate; (B) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, verifies the identity of each special firearms event vendor participating in the special firearms event by examining a valid identification document (as defined in section 1028(d)(2)) of the vendor containing a photograph of the vendor; (C) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, requires each special firearms event vendor to sign— (i) a ledger with identifying information concerning the vendor; and (ii) a notice advising the vendor of the obligations of the vendor under this chapter; (D) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; (E) not later than 5 days after the last day of the special firearms event, submits to the Attorney General a copy of the ledger and notice described in subparagraph (C)(i); and (F) maintains a copy of the records described in subparagraphs (B) and (C) at the permanent place of business of the operator for such period of time and in such form as the Attorney General shall require by regulation. (b) Responsibilities of transferors other than licensees \n(1) In general \nIf any part of a firearm transaction takes place at a special firearms event, or on the curtilage of the event, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee in accordance with subsection (c). (2) Criminal background checks \nA person who is subject to the requirement of paragraph (1) shall not— (A) transfer the firearm to the transferee until the licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee through which the transfer is made makes the notification described in subsection (c)(2)(A); or (B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or State law. (3) Absence of recordkeeping requirements \nNothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed special firearms event vendor. (c) Responsibilities of licensees \nA licensed importer, licensed manufacturer, licensed dealer, or special firearms event licensee who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (b) with respect to the transfer of a firearm shall— (1) except as provided in paragraph (2), comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor); (2) not later than 3 business days (meaning days on which State offices are open) after the date of the agreement to purchase, or if the event is held in a State that has been certified by the Attorney General under section 4 of the , not later than 24 hours after such date (or 3 business days after such date if additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General), notify the nonlicensed transferor and the nonlicensed transferee— (A) of any response from the national criminal background check system, or if the licensee has had no response from the national criminal background check system within the applicable time period under this paragraph, notify the nonlicensed transferor that no response has been received and that the transfer may proceed; and (B) of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; (3) in the case of a transfer at one time or during any 5 consecutive business days, of 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the record keeping requirements described in paragraph (4), prepare a report of the multiple transfers, which report shall be— (A) on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the multiple transfer occurs, forwarded to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (4) comply with all record keeping requirements under this chapter. (d) Special firearms event license \n(1) In general \nThe Attorney General shall issue a special firearms event license to a person who submits an application for a special firearms event license in accordance with this subsection. (2) Application \nThe application required by paragraph (1) shall be approved if— (A) the applicant is 21 years of age or over; (B) the application includes a photograph and the fingerprints of the applicant; (C) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under subsection (g) or (n) of section 922; (D) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder; (E) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (F) the applicant certifies that— (i) the applicant meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (ii) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located; and (iii) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met. (3) Application and approval \n(A) In general \nUpon the approval of an application under this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of a valid registration and payment of a fee of $90 for 3 years, the Attorney General shall issue to the applicant an instant check registration, and advise the Attorney General of that registration. (B) NICS \nA special firearms event licensee may contact the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) for information about any individual desiring to obtain a firearm at a special firearms event from any special firearms event vendor who has requested the assistance of the registrant in complying with subsection (c) with respect to the transfer of the firearm, during the 3-year period that begins on the date on which the registration is issued. (4) Requirements \nThe requirements for a special firearms event licensee shall not exceed the requirements for a licensed dealer and the record keeping requirements shall be the same. (5) Restrictions \n(A) Background checks \nA special firearms event licensee may have access to the national instant criminal background check system to conduct a background check only at a special firearms event and only on behalf of another person. (B) Transfer of firearms \nA special firearms event licensee shall not transfer a firearm at a special firearms event. (e) Firearm transaction defined \nIn this section, the term firearm transaction — (1) includes the sale, offer for sale, transfer, or exchange of a firearm; and (2) does not include— (A) the mere exhibition of a firearm; or (B) the sale, transfer, or exchange of firearms between immediate family members, including parents, children, siblings, grandparents, and grandchildren.. (b) Penalties \nSection 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) (A) Whoever knowingly violates section 932(a)(1) or 932(b)— (i) shall be fined under this title, imprisoned not more than 2 years, or both; and (ii) in the case of a second or subsequent conviction, shall be fined under this title, imprisoned not more than 5 years, or both. (B) Whoever knowingly violates section 932(a)(2) or 932(c) shall be fined under this title, imprisoned not more than 5 years, or both. (C) Whoever knowingly violates section 932(a)(3) shall be fined under this title, imprisoned not more than 2 years, or both. (D) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who violates any provision of section 932— (i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and (ii) impose a civil fine in an amount equal to not more than $10,000.. (c) Unlawful acts \nSection 922(b) of title 18, United States Code, is amended in the matter preceding paragraph (1), by striking or licensed collector and inserting licensed collector, or special firearms event licensee. (d) Technical and conforming amendments \nChapter 44 of title 18, United States Code, is amended in the chapter analysis, by adding at the end the following: 932. Regulation of firearms transfers at special firearms events.", "id": "H657448BA270445C4991502F08E14DB7", "header": "Regulation of firearms transfers at special firearms events", "nested": [ { "text": "(a) In general \nChapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Regulation of firearms transfers at special firearms events \n(a) Special firearms events operators \n(1) Notification to Attorney General of special firearms event operators \n(A) In general \nIt shall be unlawful for any person to operate a special firearms event unless that person notifies the Attorney General in accordance with regulations promulgated by the Attorney General. (B) Fees \nThe Attorney General shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the notification requirement in subparagraph (A). (2) Responsibilities of special firearms events operators \nIt shall be unlawful for a special firearms events operator to organize, plan, promote, or operate a special firearms event unless that operator— (A) not later than 30 days before the commencement of the special firearms event, notifies the Attorney General, in writing, of the date, time, duration, and location of the special firearms event, and the special firearms event vendors planning to participate; (B) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, verifies the identity of each special firearms event vendor participating in the special firearms event by examining a valid identification document (as defined in section 1028(d)(2)) of the vendor containing a photograph of the vendor; (C) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, requires each special firearms event vendor to sign— (i) a ledger with identifying information concerning the vendor; and (ii) a notice advising the vendor of the obligations of the vendor under this chapter; (D) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; (E) not later than 5 days after the last day of the special firearms event, submits to the Attorney General a copy of the ledger and notice described in subparagraph (C)(i); and (F) maintains a copy of the records described in subparagraphs (B) and (C) at the permanent place of business of the operator for such period of time and in such form as the Attorney General shall require by regulation. (b) Responsibilities of transferors other than licensees \n(1) In general \nIf any part of a firearm transaction takes place at a special firearms event, or on the curtilage of the event, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee in accordance with subsection (c). (2) Criminal background checks \nA person who is subject to the requirement of paragraph (1) shall not— (A) transfer the firearm to the transferee until the licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee through which the transfer is made makes the notification described in subsection (c)(2)(A); or (B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or State law. (3) Absence of recordkeeping requirements \nNothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed special firearms event vendor. (c) Responsibilities of licensees \nA licensed importer, licensed manufacturer, licensed dealer, or special firearms event licensee who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (b) with respect to the transfer of a firearm shall— (1) except as provided in paragraph (2), comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor); (2) not later than 3 business days (meaning days on which State offices are open) after the date of the agreement to purchase, or if the event is held in a State that has been certified by the Attorney General under section 4 of the , not later than 24 hours after such date (or 3 business days after such date if additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General), notify the nonlicensed transferor and the nonlicensed transferee— (A) of any response from the national criminal background check system, or if the licensee has had no response from the national criminal background check system within the applicable time period under this paragraph, notify the nonlicensed transferor that no response has been received and that the transfer may proceed; and (B) of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; (3) in the case of a transfer at one time or during any 5 consecutive business days, of 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the record keeping requirements described in paragraph (4), prepare a report of the multiple transfers, which report shall be— (A) on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the multiple transfer occurs, forwarded to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (4) comply with all record keeping requirements under this chapter. (d) Special firearms event license \n(1) In general \nThe Attorney General shall issue a special firearms event license to a person who submits an application for a special firearms event license in accordance with this subsection. (2) Application \nThe application required by paragraph (1) shall be approved if— (A) the applicant is 21 years of age or over; (B) the application includes a photograph and the fingerprints of the applicant; (C) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under subsection (g) or (n) of section 922; (D) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder; (E) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (F) the applicant certifies that— (i) the applicant meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (ii) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located; and (iii) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met. (3) Application and approval \n(A) In general \nUpon the approval of an application under this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of a valid registration and payment of a fee of $90 for 3 years, the Attorney General shall issue to the applicant an instant check registration, and advise the Attorney General of that registration. (B) NICS \nA special firearms event licensee may contact the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) for information about any individual desiring to obtain a firearm at a special firearms event from any special firearms event vendor who has requested the assistance of the registrant in complying with subsection (c) with respect to the transfer of the firearm, during the 3-year period that begins on the date on which the registration is issued. (4) Requirements \nThe requirements for a special firearms event licensee shall not exceed the requirements for a licensed dealer and the record keeping requirements shall be the same. (5) Restrictions \n(A) Background checks \nA special firearms event licensee may have access to the national instant criminal background check system to conduct a background check only at a special firearms event and only on behalf of another person. (B) Transfer of firearms \nA special firearms event licensee shall not transfer a firearm at a special firearms event. (e) Firearm transaction defined \nIn this section, the term firearm transaction — (1) includes the sale, offer for sale, transfer, or exchange of a firearm; and (2) does not include— (A) the mere exhibition of a firearm; or (B) the sale, transfer, or exchange of firearms between immediate family members, including parents, children, siblings, grandparents, and grandchildren..", "id": "HD13395B948474E718EB231D344FA49DE", "header": "In general", "nested": [], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(b) Penalties \nSection 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) (A) Whoever knowingly violates section 932(a)(1) or 932(b)— (i) shall be fined under this title, imprisoned not more than 2 years, or both; and (ii) in the case of a second or subsequent conviction, shall be fined under this title, imprisoned not more than 5 years, or both. (B) Whoever knowingly violates section 932(a)(2) or 932(c) shall be fined under this title, imprisoned not more than 5 years, or both. (C) Whoever knowingly violates section 932(a)(3) shall be fined under this title, imprisoned not more than 2 years, or both. (D) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who violates any provision of section 932— (i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and (ii) impose a civil fine in an amount equal to not more than $10,000..", "id": "H269C1F34F7C94D8FBAC78B2780A05600", "header": "Penalties", "nested": [], "links": [ { "text": "Section 924(a)", "legal-doc": "usc", "parsable-cite": "usc/18/924" } ] }, { "text": "(c) Unlawful acts \nSection 922(b) of title 18, United States Code, is amended in the matter preceding paragraph (1), by striking or licensed collector and inserting licensed collector, or special firearms event licensee.", "id": "H8A84FE771C4745149CC41B9FDCA509BD", "header": "Unlawful acts", "nested": [], "links": [ { "text": "Section 922(b)", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(d) Technical and conforming amendments \nChapter 44 of title 18, United States Code, is amended in the chapter analysis, by adding at the end the following: 932. Regulation of firearms transfers at special firearms events.", "id": "H22A0728F6CCD4D8BA4CE44AE5E346BC", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] } ], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "Section 924(a)", "legal-doc": "usc", "parsable-cite": "usc/18/924" }, { "text": "Section 922(b)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] }, { "text": "932. Regulation of firearms transfers at special firearms events \n(a) Special firearms events operators \n(1) Notification to Attorney General of special firearms event operators \n(A) In general \nIt shall be unlawful for any person to operate a special firearms event unless that person notifies the Attorney General in accordance with regulations promulgated by the Attorney General. (B) Fees \nThe Attorney General shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the notification requirement in subparagraph (A). (2) Responsibilities of special firearms events operators \nIt shall be unlawful for a special firearms events operator to organize, plan, promote, or operate a special firearms event unless that operator— (A) not later than 30 days before the commencement of the special firearms event, notifies the Attorney General, in writing, of the date, time, duration, and location of the special firearms event, and the special firearms event vendors planning to participate; (B) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, verifies the identity of each special firearms event vendor participating in the special firearms event by examining a valid identification document (as defined in section 1028(d)(2)) of the vendor containing a photograph of the vendor; (C) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, requires each special firearms event vendor to sign— (i) a ledger with identifying information concerning the vendor; and (ii) a notice advising the vendor of the obligations of the vendor under this chapter; (D) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; (E) not later than 5 days after the last day of the special firearms event, submits to the Attorney General a copy of the ledger and notice described in subparagraph (C)(i); and (F) maintains a copy of the records described in subparagraphs (B) and (C) at the permanent place of business of the operator for such period of time and in such form as the Attorney General shall require by regulation. (b) Responsibilities of transferors other than licensees \n(1) In general \nIf any part of a firearm transaction takes place at a special firearms event, or on the curtilage of the event, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee in accordance with subsection (c). (2) Criminal background checks \nA person who is subject to the requirement of paragraph (1) shall not— (A) transfer the firearm to the transferee until the licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee through which the transfer is made makes the notification described in subsection (c)(2)(A); or (B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or State law. (3) Absence of recordkeeping requirements \nNothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed special firearms event vendor. (c) Responsibilities of licensees \nA licensed importer, licensed manufacturer, licensed dealer, or special firearms event licensee who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (b) with respect to the transfer of a firearm shall— (1) except as provided in paragraph (2), comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor); (2) not later than 3 business days (meaning days on which State offices are open) after the date of the agreement to purchase, or if the event is held in a State that has been certified by the Attorney General under section 4 of the , not later than 24 hours after such date (or 3 business days after such date if additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General), notify the nonlicensed transferor and the nonlicensed transferee— (A) of any response from the national criminal background check system, or if the licensee has had no response from the national criminal background check system within the applicable time period under this paragraph, notify the nonlicensed transferor that no response has been received and that the transfer may proceed; and (B) of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; (3) in the case of a transfer at one time or during any 5 consecutive business days, of 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the record keeping requirements described in paragraph (4), prepare a report of the multiple transfers, which report shall be— (A) on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the multiple transfer occurs, forwarded to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (4) comply with all record keeping requirements under this chapter. (d) Special firearms event license \n(1) In general \nThe Attorney General shall issue a special firearms event license to a person who submits an application for a special firearms event license in accordance with this subsection. (2) Application \nThe application required by paragraph (1) shall be approved if— (A) the applicant is 21 years of age or over; (B) the application includes a photograph and the fingerprints of the applicant; (C) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under subsection (g) or (n) of section 922; (D) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder; (E) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (F) the applicant certifies that— (i) the applicant meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (ii) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located; and (iii) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met. (3) Application and approval \n(A) In general \nUpon the approval of an application under this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of a valid registration and payment of a fee of $90 for 3 years, the Attorney General shall issue to the applicant an instant check registration, and advise the Attorney General of that registration. (B) NICS \nA special firearms event licensee may contact the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) for information about any individual desiring to obtain a firearm at a special firearms event from any special firearms event vendor who has requested the assistance of the registrant in complying with subsection (c) with respect to the transfer of the firearm, during the 3-year period that begins on the date on which the registration is issued. (4) Requirements \nThe requirements for a special firearms event licensee shall not exceed the requirements for a licensed dealer and the record keeping requirements shall be the same. (5) Restrictions \n(A) Background checks \nA special firearms event licensee may have access to the national instant criminal background check system to conduct a background check only at a special firearms event and only on behalf of another person. (B) Transfer of firearms \nA special firearms event licensee shall not transfer a firearm at a special firearms event. (e) Firearm transaction defined \nIn this section, the term firearm transaction — (1) includes the sale, offer for sale, transfer, or exchange of a firearm; and (2) does not include— (A) the mere exhibition of a firearm; or (B) the sale, transfer, or exchange of firearms between immediate family members, including parents, children, siblings, grandparents, and grandchildren.", "id": "HD59C539A979B44B80068B3441D36ADBD", "header": "Regulation of firearms transfers at special firearms events", "nested": [ { "text": "(a) Special firearms events operators \n(1) Notification to Attorney General of special firearms event operators \n(A) In general \nIt shall be unlawful for any person to operate a special firearms event unless that person notifies the Attorney General in accordance with regulations promulgated by the Attorney General. (B) Fees \nThe Attorney General shall be prohibited from imposing or collecting any fee from special firearms event operators in connection with the notification requirement in subparagraph (A). (2) Responsibilities of special firearms events operators \nIt shall be unlawful for a special firearms events operator to organize, plan, promote, or operate a special firearms event unless that operator— (A) not later than 30 days before the commencement of the special firearms event, notifies the Attorney General, in writing, of the date, time, duration, and location of the special firearms event, and the special firearms event vendors planning to participate; (B) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, verifies the identity of each special firearms event vendor participating in the special firearms event by examining a valid identification document (as defined in section 1028(d)(2)) of the vendor containing a photograph of the vendor; (C) before the commencement of the special firearms event, or in the case of a vendor who arrives after the commencement of the event, upon the arrival of the vendor, requires each special firearms event vendor to sign— (i) a ledger with identifying information concerning the vendor; and (ii) a notice advising the vendor of the obligations of the vendor under this chapter; (D) notifies each person who attends the special firearms event of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; (E) not later than 5 days after the last day of the special firearms event, submits to the Attorney General a copy of the ledger and notice described in subparagraph (C)(i); and (F) maintains a copy of the records described in subparagraphs (B) and (C) at the permanent place of business of the operator for such period of time and in such form as the Attorney General shall require by regulation.", "id": "H75894DBA5C2A42AEA38CE61BDEE59894", "header": "Special firearms events operators", "nested": [], "links": [] }, { "text": "(b) Responsibilities of transferors other than licensees \n(1) In general \nIf any part of a firearm transaction takes place at a special firearms event, or on the curtilage of the event, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee in accordance with subsection (c). (2) Criminal background checks \nA person who is subject to the requirement of paragraph (1) shall not— (A) transfer the firearm to the transferee until the licensed importer, licensed manufacturer, licensed dealer, or a special firearms event licensee through which the transfer is made makes the notification described in subsection (c)(2)(A); or (B) transfer the firearm to the transferee if the person has been notified under subsection (c)(2)(B) that the transfer would violate section 922 or State law. (3) Absence of recordkeeping requirements \nNothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed special firearms event vendor.", "id": "HD76F8F4BD75B4B6B8962F6B302C30DF", "header": "Responsibilities of transferors other than licensees", "nested": [], "links": [] }, { "text": "(c) Responsibilities of licensees \nA licensed importer, licensed manufacturer, licensed dealer, or special firearms event licensee who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (b) with respect to the transfer of a firearm shall— (1) except as provided in paragraph (2), comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor); (2) not later than 3 business days (meaning days on which State offices are open) after the date of the agreement to purchase, or if the event is held in a State that has been certified by the Attorney General under section 4 of the , not later than 24 hours after such date (or 3 business days after such date if additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General), notify the nonlicensed transferor and the nonlicensed transferee— (A) of any response from the national criminal background check system, or if the licensee has had no response from the national criminal background check system within the applicable time period under this paragraph, notify the nonlicensed transferor that no response has been received and that the transfer may proceed; and (B) of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; (3) in the case of a transfer at one time or during any 5 consecutive business days, of 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the record keeping requirements described in paragraph (4), prepare a report of the multiple transfers, which report shall be— (A) on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the multiple transfer occurs, forwarded to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (4) comply with all record keeping requirements under this chapter.", "id": "H0FDCC78FB1B741B6A1F3AB28D8CE2ED9", "header": "Responsibilities of licensees", "nested": [], "links": [] }, { "text": "(d) Special firearms event license \n(1) In general \nThe Attorney General shall issue a special firearms event license to a person who submits an application for a special firearms event license in accordance with this subsection. (2) Application \nThe application required by paragraph (1) shall be approved if— (A) the applicant is 21 years of age or over; (B) the application includes a photograph and the fingerprints of the applicant; (C) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under subsection (g) or (n) of section 922; (D) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder; (E) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (F) the applicant certifies that— (i) the applicant meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (ii) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located; and (iii) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met. (3) Application and approval \n(A) In general \nUpon the approval of an application under this subsection and payment by the applicant of a fee of $200 for 3 years, and upon renewal of a valid registration and payment of a fee of $90 for 3 years, the Attorney General shall issue to the applicant an instant check registration, and advise the Attorney General of that registration. (B) NICS \nA special firearms event licensee may contact the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) for information about any individual desiring to obtain a firearm at a special firearms event from any special firearms event vendor who has requested the assistance of the registrant in complying with subsection (c) with respect to the transfer of the firearm, during the 3-year period that begins on the date on which the registration is issued. (4) Requirements \nThe requirements for a special firearms event licensee shall not exceed the requirements for a licensed dealer and the record keeping requirements shall be the same. (5) Restrictions \n(A) Background checks \nA special firearms event licensee may have access to the national instant criminal background check system to conduct a background check only at a special firearms event and only on behalf of another person. (B) Transfer of firearms \nA special firearms event licensee shall not transfer a firearm at a special firearms event.", "id": "H13B2DD1ED1CA4739B78DBF7DFDA42BC4", "header": "Special firearms event license", "nested": [], "links": [ { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(e) Firearm transaction defined \nIn this section, the term firearm transaction — (1) includes the sale, offer for sale, transfer, or exchange of a firearm; and (2) does not include— (A) the mere exhibition of a firearm; or (B) the sale, transfer, or exchange of firearms between immediate family members, including parents, children, siblings, grandparents, and grandchildren.", "id": "HC1075E74EFFC495C89FA314F001F16AD", "header": "Firearm transaction defined", "nested": [], "links": [] } ], "links": [ { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "4. State option for 24–hour background checks at special firearms events for States with computerized disqualifying records \n(a) In general \nEffective 3 years after the date of enactment of this Act, a State may apply to the Attorney General for certification of the 24-hour verification authority of that State. (b) Certification \nThe Attorney General shall certify a State for 24-hour verification authority only upon a clear showing by the State, and certification by the Bureau of Justice Statistics, that— (1) not less than 95 percent of all records containing information that would disqualify an individual under subsections (g) and (n) of section 922 of title 18, United States Code, or under State law, is available on computer records in the State, and is searchable under the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note); (2) not less than 95 percent of all records containing information that would disqualify an individual under paragraphs (8) and (9) of sub section 922(g) of title 18, United States Code, or under State law, is available on computer records in the State, and is searchable under the national instant criminal background check system established under section 103 of the Brady Handgun Violence Protection Act ( 18 U.S.C. 922 note); and (3) the chief judicial officer of the State requires the courts of the State to use the toll-free telephone number described in subsection (d)(1) to immediately notify the National Instant Criminal Background Check System each time a restraining order (as described in section 922(g)(8) of title 18, United States Code) is issued, lifted, or otherwise removed by order of the court. (c) Clarifications \n(1) Disqualifying information \nDisqualifying information for each State under subsection (b) shall include the disqualifying records for that State generated during the 30 years preceding the date of application to the Attorney General for certification. (2) Toll-free telephone number \nUpon a showing by the State that a court of the State has developed computer systems which permit the court to immediately electronically notify the National Instant Criminal Background Check System with respect to the issuance or lifting of restraining orders, the use of the toll-free telephone number described in subsection (d)(1) shall no longer be required under subsection (b)(3). (d) Notification infrastructure \nBefore certifying any State under subsection (b), the Attorney General shall— (1) create a toll-free telephone number through which State and local courts may immediately notify the National Instant Background Check System whenever a restraining order (as described in section 922(g)(8) of title 18, United States Code) is issued, lifted, or otherwise removed by order of the court; and (2) encourage States to develop computer systems that permit courts to immediately electronically notify the National Instant Criminal Background Check System whenever a restraining order (as described in section 922(g)(8) of title 18, United States Code) has been issued, lifted, or otherwise removed by order of the court. (e) 24–Hour provision \nUpon certification by the Attorney General, the 24-hour provision in section 932(c)(2) of title 18, United States Code, shall apply to the verification process (for transfers between unlicensed persons) in that State unless additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General, in which case the 3 business day limit shall apply. (f) Annual review \nThe Director of the Bureau of Justice Statistics shall annually review the certifications under this section. (g) Revocation \nThe Attorney General shall revoke the certification required under this section for any State that is not in compliance with subsection (b).", "id": "H5B773D0BDD2E42B1AA6E11BAF62EBA89", "header": "State option for 24–hour background checks at special firearms events for States with computerized disqualifying records", "nested": [ { "text": "(a) In general \nEffective 3 years after the date of enactment of this Act, a State may apply to the Attorney General for certification of the 24-hour verification authority of that State.", "id": "H6A028C0F18BD467B9D14D3F57E6DCAB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification \nThe Attorney General shall certify a State for 24-hour verification authority only upon a clear showing by the State, and certification by the Bureau of Justice Statistics, that— (1) not less than 95 percent of all records containing information that would disqualify an individual under subsections (g) and (n) of section 922 of title 18, United States Code, or under State law, is available on computer records in the State, and is searchable under the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note); (2) not less than 95 percent of all records containing information that would disqualify an individual under paragraphs (8) and (9) of sub section 922(g) of title 18, United States Code, or under State law, is available on computer records in the State, and is searchable under the national instant criminal background check system established under section 103 of the Brady Handgun Violence Protection Act ( 18 U.S.C. 922 note); and (3) the chief judicial officer of the State requires the courts of the State to use the toll-free telephone number described in subsection (d)(1) to immediately notify the National Instant Criminal Background Check System each time a restraining order (as described in section 922(g)(8) of title 18, United States Code) is issued, lifted, or otherwise removed by order of the court.", "id": "H0F0B75F4048F422496A43F8CEC34CE1", "header": "Certification", "nested": [], "links": [ { "text": "section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(c) Clarifications \n(1) Disqualifying information \nDisqualifying information for each State under subsection (b) shall include the disqualifying records for that State generated during the 30 years preceding the date of application to the Attorney General for certification. (2) Toll-free telephone number \nUpon a showing by the State that a court of the State has developed computer systems which permit the court to immediately electronically notify the National Instant Criminal Background Check System with respect to the issuance or lifting of restraining orders, the use of the toll-free telephone number described in subsection (d)(1) shall no longer be required under subsection (b)(3).", "id": "HDB54338AF25842CA812FE8B1A7D7DBAA", "header": "Clarifications", "nested": [], "links": [] }, { "text": "(d) Notification infrastructure \nBefore certifying any State under subsection (b), the Attorney General shall— (1) create a toll-free telephone number through which State and local courts may immediately notify the National Instant Background Check System whenever a restraining order (as described in section 922(g)(8) of title 18, United States Code) is issued, lifted, or otherwise removed by order of the court; and (2) encourage States to develop computer systems that permit courts to immediately electronically notify the National Instant Criminal Background Check System whenever a restraining order (as described in section 922(g)(8) of title 18, United States Code) has been issued, lifted, or otherwise removed by order of the court.", "id": "HB193F25F036C4E52A4E4F2C9398E2E00", "header": "Notification infrastructure", "nested": [], "links": [ { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" } ] }, { "text": "(e) 24–Hour provision \nUpon certification by the Attorney General, the 24-hour provision in section 932(c)(2) of title 18, United States Code, shall apply to the verification process (for transfers between unlicensed persons) in that State unless additional information is required in order to verify disqualifying information from a State that has not been certified by the Attorney General, in which case the 3 business day limit shall apply.", "id": "H10BD618CBC944D40ADD444A036EFDCDF", "header": "24–Hour provision", "nested": [], "links": [ { "text": "section 932(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/932" } ] }, { "text": "(f) Annual review \nThe Director of the Bureau of Justice Statistics shall annually review the certifications under this section.", "id": "HE7582EBCAA0542C383668CC23D5CD9B8", "header": "Annual review", "nested": [], "links": [] }, { "text": "(g) Revocation \nThe Attorney General shall revoke the certification required under this section for any State that is not in compliance with subsection (b).", "id": "H9EE15218CB334BD4A15B004BCBF03D17", "header": "Revocation", "nested": [], "links": [] } ], "links": [ { "text": "section 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "18 U.S.C. 922", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 922(g)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/922" }, { "text": "section 932(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/932" } ] }, { "text": "5. Inspection authority \nSection 923(g)(1)(B), of title 18, United States Code, is amended by striking or licensed dealer and inserting licensed dealer, or special firearms event operator.", "id": "H6475BD00B71549CAB0E5B63415F66BFE", "header": "Inspection authority", "nested": [], "links": [ { "text": "Section 923(g)(1)(B),", "legal-doc": "usc", "parsable-cite": "usc/18/923" } ] }, { "text": "6. Increased penalties for serious recordkeeping violations by licensees \nSection 924(a)(3) of title 18, United States Code, is amended to read as follows: (3) (A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, licensed collector, or special firearms event licensee who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. (B) If the violation described in subparagraph (A) is in relation to an offense— (i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or (ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both..", "id": "HC4DEDCC34EA4455884A79805CF64CCBA", "header": "Increased penalties for serious recordkeeping violations by licensees", "nested": [], "links": [ { "text": "Section 924(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/18/924" } ] }, { "text": "7. Increased penalties for violations of criminal background check requirements \nSection 924(a) of title 18, United States Code, as amended by section 3(b), is further amended— (1) in paragraph (5), by striking subsection (s) or (t) of section 922 and inserting section 922(s) ; and (2) by adding at the end the following: (9) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both..", "id": "H6E83671E1E4E4AD1B4C779D93BB059F", "header": "Increased penalties for violations of criminal background check requirements", "nested": [], "links": [ { "text": "Section 924(a)", "legal-doc": "usc", "parsable-cite": "usc/18/924" } ] }, { "text": "8. Rule of interpretation \nA provision of State law is not inconsistent with this Act or an amendment made by this Act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than any prohibition or penalty imposed by this Act or an amendment made by this Act.", "id": "H52B60C0DAB3A4B9FBDFFABC8CC070107", "header": "Rule of interpretation", "nested": [], "links": [] }, { "text": "9. Effective date \nThis Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.", "id": "H643521B8726D48AA89572E30859BA6D3", "header": "Effective date", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Permanent resident status for Gabriella Dee \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Gabriella Dee shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Gabriella Dee may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Gabriella Dee by reason of any ground described in paragraph (1). (c) Adjustment of status \nIf Gabriella Dee enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Gabriella Dee, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Gabriella Dee shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HAA1B02A3ED9141879D7457467FB59D9", "header": "Permanent resident status for Gabriella Dee", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Gabriella Dee 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.", "id": "H0947E80096C44CA5AEBCA66DA937D3F1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Waiver of grounds for removal or denial of admission \n(1) In general \nNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Gabriella Dee may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States, by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State, on the date of the enactment of this Act. (2) Rescission of outstanding order of removal \nThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Gabriella Dee by reason of any ground described in paragraph (1).", "id": "H36372F60F5614CCE89E35F68803031F2", "header": "Waiver of grounds for removal or denial of admission", "nested": [], "links": [] }, { "text": "(c) Adjustment of status \nIf Gabriella Dee enters, or is admitted or paroled into, the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H9AFF7542630949118073B4C2A33237B", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(d) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "HEE08A1567DB34B9EA3EC8CBE4CDF4C6F", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(e) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Gabriella Dee, 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.", "id": "H98FAAECADE084204A9509CE6EAF5412D", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(f) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Gabriella Dee shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HF085955E3E2D465BB9BE30FCEB43E97E", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "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", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Nursing Home Fire Safety Act of 2004.", "id": "HC8B175EBF7A642F5AC43B75C1C006734", "header": "Short title", "nested": [], "links": [] }, { "text": "(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": "H3F6889773EF34CB784A4515B64463998", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "H78209530108548E8A5138C3591D6A188", "header": "Requirement for medicare skilled nursing facilities", "nested": [], "links": [ { "text": "42 U.S.C. 1395i–3(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395yy(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395yy" } ] }, { "text": "(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)..", "id": "H0F3FFF8164DE48449750C378A37EF74C", "header": "Requirement for medicaid nursing facilities", "nested": [], "links": [ { "text": "42 U.S.C. 1396r(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r" }, { "text": "42 U.S.C. 1396a(a)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1308", "legal-doc": "usc", "parsable-cite": "usc/42/1308" } ] }, { "text": "(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..", "id": "H3EBFCA649F684DB5A65312AE2185CA8F", "header": "Reduction in tax basis", "nested": [], "links": [ { "text": "Section 1016(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1016" } ] }, { "text": "(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": "HA87B00AE1DA64D219851E07632A6ECEC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395i–3(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395i-3" }, { "text": "42 U.S.C. 1395yy(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395yy" }, { "text": "42 U.S.C. 1396r(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r" }, { "text": "42 U.S.C. 1396a(a)(13)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1308", "legal-doc": "usc", "parsable-cite": "usc/42/1308" }, { "text": "Section 1016(a)", "legal-doc": "usc", "parsable-cite": "usc/26/1016" } ] } ]

[ "Ways and Means Committee", "Energy and Commerce Committee" ]

[ { "text": "1. Establishment of national marketing quota for 2005 crop of Flue-cured and Burley tobacco at 2004 level \nNotwithstanding any other provision of law, for the 2005 crop year, the Secretary of Agriculture shall establish and maintain the national marketing quota for Flue-cured and Burley tobacco at the 2004 level.", "id": "H9971CCE6B4694404A4E5C397AE057989", "header": "Establishment of national marketing quota for 2005 crop of Flue-cured and Burley tobacco at 2004 level", "nested": [], "links": [] }, { "text": "2. Forfeitures of Flue-cured and Burley tobacco \n(a) In general \nThis section shall apply notwithstanding sections 106 through 106B of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445–2). (b) Loan forfeiture \nA producer-owned cooperative marketing association may fully settle, without further cost to the association, a loan made for the 2005 crop of Flue-cured and Burley tobacco by forfeiting to the Commodity Credit Corporation the Flue-cured or Burley tobacco covered by the loan regardless of the condition of the tobacco. (c) Treatment of CCC losses \nAny losses to the Commodity Credit Corporation as a result of the forfeiture of tobacco under subsection (b)— (1) shall not be charged to the No Net Cost Tobacco Account; and (2) shall not affect the amount of any assessment imposed against Flue-cured or Burley tobacco under sections 106 through 106B of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445–2). (d) Treatment of forfeited tobacco \nTobacco forfeited under subsection (b) shall not be— (1) counted for the purpose of determining the Flue-cured or Burley tobacco quota for any year pursuant to section 319 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1314e ); or (2) sold for use in the United States, except that, notwithstanding any other provision of law, the Commodity Credit Corporation, directly or through the use of United States leaf dealers, may market the forfeited tobacco outside the United States.", "id": "H3DDDFCC3ADC642CAAFB020C600AA2100", "header": "Forfeitures of Flue-cured and Burley tobacco", "nested": [ { "text": "(a) In general \nThis section shall apply notwithstanding sections 106 through 106B of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445–2).", "id": "H6ECA586CBC4A45F1B68E9B9B2CD5EE00", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Loan forfeiture \nA producer-owned cooperative marketing association may fully settle, without further cost to the association, a loan made for the 2005 crop of Flue-cured and Burley tobacco by forfeiting to the Commodity Credit Corporation the Flue-cured or Burley tobacco covered by the loan regardless of the condition of the tobacco.", "id": "H7ED62DE87BF24053B2554E001037CACE", "header": "Loan forfeiture", "nested": [], "links": [] }, { "text": "(c) Treatment of CCC losses \nAny losses to the Commodity Credit Corporation as a result of the forfeiture of tobacco under subsection (b)— (1) shall not be charged to the No Net Cost Tobacco Account; and (2) shall not affect the amount of any assessment imposed against Flue-cured or Burley tobacco under sections 106 through 106B of the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445–2).", "id": "HCBDC67CC2E5743DFB884C1738B63E285", "header": "Treatment of CCC losses", "nested": [], "links": [] }, { "text": "(d) Treatment of forfeited tobacco \nTobacco forfeited under subsection (b) shall not be— (1) counted for the purpose of determining the Flue-cured or Burley tobacco quota for any year pursuant to section 319 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1314e ); or (2) sold for use in the United States, except that, notwithstanding any other provision of law, the Commodity Credit Corporation, directly or through the use of United States leaf dealers, may market the forfeited tobacco outside the United States.", "id": "HF5A6FE3A19194995BA7542F3DE050002", "header": "Treatment of forfeited tobacco", "nested": [], "links": [ { "text": "7 U.S.C. 1314e", "legal-doc": "usc", "parsable-cite": "usc/7/1314e" } ] } ], "links": [ { "text": "7 U.S.C. 1314e", "legal-doc": "usc", "parsable-cite": "usc/7/1314e" } ] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE8963C78723E4DD7BD3BF605F52B08", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Since their inception in 1986, au pair exchange visitor programs have become some of the most successful cultural exchange programs in the history of the United States. (2) Au pair exchange visitor programs welcome approximately 12,000 au pairs into the United States per year. (3) Permanently authorized in 1997, au pair exchange visitor programs historically only included a child care component for participants. (4) The success of au pair exchange visitor programs in helping to meet the child care needs of families in the United States demonstrates the programs’ capacity to fulfill a demand for in-home assistance while also providing a valuable cultural experience for au pair participants. (5) Currently, there is a critical shortage of providers of in-home independent living services for adults with low or moderate levels of disability. Although these adults only require moderate levels of assistance with basic activities of daily living, the shortage of providers forces many of these adults to rely unnecessarily on expensive skilled care services or to live in an institutional setting at great cost. (6) The expansion of au pair exchange visitor programs to include the provision of in-home independent living services for adults with disabilities would not only improve the quality of life for such adults but would expand opportunities for foreign students to participate in such programs. (7) Due to the complexities of such an expansion, a pilot program using sponsors that are already designated by the Department of State to conduct an au pair exchange program is the appropriate way to gauge the merits of undertaking such expansion on a permanent basis.", "id": "H214EF9AB48414E7BA200319DF627D052", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Pilot program expanding au pair program to include in-home assistance programs for adults with disabilities \n(a) Establishment of Pilot Program; Termination \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a pilot program under which sponsors designated by the Department of State to conduct an au pair exchange visitor program may place foreign nationals participating in such program in positions that require the foreign national to provide in-home independent living services to an adult with disabilities rather than child care services. Only sponsors designated by the Department of State to conduct an au pair exchange visitor program on the date of the enactment of this Act may participate in such pilot program. Such pilot program shall terminate not earlier than 5 years after the date on which it is commenced. (b) Regulations \nIn promulgating regulations under subsection (a), the Secretary of State— (1) shall define in-home independent living services to include only home support services such as— (A) personal care (such as walking, bathing, dressing, and assistance with eating); (B) homemaker services (shopping, meal preparation, and light housekeeping); and (C) performance of routine household chores (cleaning and yard work) and to exclude the provision of medical care or other services that are required to be delivered by licensed health professionals or under the direction of a physical or occupational therapist; (2) shall ensure that all cultural exchange and educational aspects of the existing au pair exchange visitor programs are unimpaired; (3) may include provisions expanding the age range of au pair candidates desiring to provide in-home independent living services to adults with disabilities; and (4) shall establish standards to ensure that foreign nationals placed pursuant to the pilot program receive appropriate training to prepare them for their work with adults with disabilities.", "id": "HA73080563BF442F5B985801032C0A4F2", "header": "Pilot program expanding au pair program to include in-home assistance programs for adults with disabilities", "nested": [ { "text": "(a) Establishment of Pilot Program; Termination \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a pilot program under which sponsors designated by the Department of State to conduct an au pair exchange visitor program may place foreign nationals participating in such program in positions that require the foreign national to provide in-home independent living services to an adult with disabilities rather than child care services. Only sponsors designated by the Department of State to conduct an au pair exchange visitor program on the date of the enactment of this Act may participate in such pilot program. Such pilot program shall terminate not earlier than 5 years after the date on which it is commenced.", "id": "H655DBE0AC3284C84ADD973EDF0B937AB", "header": "Establishment of Pilot Program; Termination", "nested": [], "links": [] }, { "text": "(b) Regulations \nIn promulgating regulations under subsection (a), the Secretary of State— (1) shall define in-home independent living services to include only home support services such as— (A) personal care (such as walking, bathing, dressing, and assistance with eating); (B) homemaker services (shopping, meal preparation, and light housekeeping); and (C) performance of routine household chores (cleaning and yard work) and to exclude the provision of medical care or other services that are required to be delivered by licensed health professionals or under the direction of a physical or occupational therapist; (2) shall ensure that all cultural exchange and educational aspects of the existing au pair exchange visitor programs are unimpaired; (3) may include provisions expanding the age range of au pair candidates desiring to provide in-home independent living services to adults with disabilities; and (4) shall establish standards to ensure that foreign nationals placed pursuant to the pilot program receive appropriate training to prepare them for their work with adults with disabilities.", "id": "HC952FD60EBB449B7A29C17E079712325", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Reinstatement of repealed criminal provisions relating to assault weapons and large capacity ammunition feeding devices \n(a) Reinstatement of provisions wholly repealed \nParagraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law. (b) Reinstatement of provisions partially repealed \nSection 924 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking subparagraph (B) and inserting the following: (B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922; ; and (2) in subsection (c)(1)(B), by striking clause (i) and inserting the following: (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or.", "id": "HBFCE0D67D0634B15BFD0A19018FBCC72", "header": "Reinstatement of repealed criminal provisions relating to assault weapons and large capacity ammunition feeding devices", "nested": [ { "text": "(a) Reinstatement of provisions wholly repealed \nParagraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law.", "id": "HCFCE75C6375C43538F65C3E890E1A6D7", "header": "Reinstatement of provisions wholly repealed", "nested": [], "links": [ { "text": "section 923(i)", "legal-doc": "usc", "parsable-cite": "usc/18/923" } ] }, { "text": "(b) Reinstatement of provisions partially repealed \nSection 924 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking subparagraph (B) and inserting the following: (B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922; ; and (2) in subsection (c)(1)(B), by striking clause (i) and inserting the following: (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or.", "id": "H23BC4F66CDD0463C84244E3E8EA5EA87", "header": "Reinstatement of provisions partially repealed", "nested": [], "links": [ { "text": "Section 924", "legal-doc": "usc", "parsable-cite": "usc/18/924" } ] } ], "links": [ { "text": "section 923(i)", "legal-doc": "usc", "parsable-cite": "usc/18/923" }, { "text": "Section 924", "legal-doc": "usc", "parsable-cite": "usc/18/924" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Reauthorization of the historic preservation fund \nSection 108 of the National Historic Preservation Act ( 16 U.S.C. 470h ) is amended by striking 2005 and inserting 2010.", "id": "HF5761B939883415FBAF7F48BE8987358", "header": "Reauthorization of the historic preservation fund", "nested": [], "links": [ { "text": "16 U.S.C. 470h", "legal-doc": "usc", "parsable-cite": "usc/16/470h" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H239F3F1C06904B32B7B5177EEB9FD893", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of personal holding company tax \n(a) In general \nPart II of subchapter G of chapter 1 of the Internal Revenue Code of 1986 (relating to personal holding companies) is hereby repealed. (b) Conforming amendments \n(1) Section 12(2) of such Code is amended to read as follows: (2) For accumulated earnings tax, see part I of subchapter G (sec. 531 and following).. (2) Section 26(b)(2) of such Code is amended by striking subparagraph (G) and by redesignating the succeeding subparagraphs accordingly. (3) Section 30A(c) of such Code is amended by striking paragraph (3), by inserting or at the end of paragraph (2), and by redesignating paragraph (4) as paragraph (3). (4) Section 41(e)(7)(E) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (5) Section 56(b)(2) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (6) Section 170(e)(4)(D) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (7) Section 111(d) of such Code is amended to read as follows: (d) Special rules for accumulated earnings tax \nIn applying subsection (a) for the purpose of determining the accumulated earnings tax under section 531— (1) any excluded amount under subsection (a) allowed for purposes of this subtitle (other than section 531) shall be allowed whether or not such amount resulted in a reduction of the tax under section 531 for the prior taxable year, and (2) where any excluded amount under subsection (a) was not allowed as a deduction for the prior taxable year for purposes of this subtitle other than section 531 but was allowable for the same taxable year under section 531, then such excluded amount shall be allowable if it did not result in a reduction of the tax under section 531.. (8) (A) Section 316(b) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (B) Section 331(b) of such Code is amended by striking (other than a distribution referred to in paragraph (2)(B) of section 316(b)). (9) Section 341(d) of such Code is amended— (A) by striking section 544(a) and inserting section 465(f) , and (B) by inserting before the period at the end of the next to the last sentence and such paragraph (2) shall be applied by inserting by or for his partner after his family. (10) Section 381(c) of such Code is amended by striking paragraphs (14) and (17). (11) Section 443(e) of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (12) Section 447(g)(4)(A) of such Code is amended by striking other than— and all that follows and inserting other than an S corporation. (13) (A) Section 465(a)(1)(B) of such Code is amended to read as follows: (B) a C corporation which is closely held,. (B) Section 465(a)(3) of such Code is amended to read as follows: (3) Closely held determination \nFor purposes of paragraph (1), a corporation is closely held if, at any time during the last half of the taxable year, more than 50 percent in value of its outstanding stock is owned, directly or indirectly, by or for not more than 5 individuals. For purposes of this paragraph, an organization described in section 401(a), 501(c)(17), or 509(a) or a portion of a trust permanently set aside or to be used exclusively for the purposes described in section 642(c) shall be considered an individual. (C) Section 465 of such Code is amended by adding at the end the following new subsection: (f) Constructive ownership rules \nFor purposes of subsection (a)(3)— (1) Stock not owned by individual \nStock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. (2) Family ownership \nAn individual shall be considered as owning the stock owned, directly or indirectly, by or for his family. For purposes of this paragraph, the family of an individual includes only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (3) Options \nIf any person has an option to acquire stock, such stock shall be considered as owned by such person. For purposes of this paragraph, an option to acquire such an option, and each one of a series of such options, shall be considered as an option to acquire such stock. (4) Application of family and option rules \nParagraphs (2) and (3) shall be applied if, but only if, the effect is to make the corporation closely held under subsection (a)(3). (5) Constructive ownership as actual ownership \nStock constructively owned by a person by reason of the application of paragraph (1) or (3), shall, for purposes of applying paragraph (1) or (2), be treated as actually owned by such person; but stock constructively owned by an individual by reason of the application of paragraph (2) shall not be treated as owned by him for purposes of again applying such paragraph in order to make another the constructive owner of such stock. (6) Option rule in lieu of family rule \nIf stock may be considered as owned by an individual under either paragraph (2) or (3) it shall be considered as owned by him under paragraph (3). (7) Convertible securities \nOutstanding securities convertible into stock (whether or not convertible during the taxable year) shall be considered as outstanding stock if the effect of the inclusion of all such securities is to make the corporation closely held under subsection (a)(3). The requirement under the preceding sentence that all convertible securities must be included if any are to be included shall be subject to the exception that, where some of the outstanding securities are convertible only after a later date than in the case of others, the class having the earlier conversion date may be included although the others are not included, but no convertible securities shall be included unless all outstanding securities having a prior conversion date are also included. (D) Section 465(c)(7)(B) of such Code is amended by striking clause (i) and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (E) Section 465(c)(7)(G) of such Code is amended to read as follows: (G) Loss of 1 member of affiliated group may not offset income of personal service corporation \nNothing in this paragraph shall permit any loss of a member of an affiliated group to be used as an offset against the income of any other member of such group which is a personal service corporation (as defined in section 269A(b) but determined by substituting 5 percent for 10 percent in section 269A(b)(2)). (14) Sections 508(d), 4947, and 4948(c)(4) of such Code are each amended by striking 545(b)(2), each place it appears. (15) Section 532(b) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (16) Sections 535(b)(1) and 556(b)(1) of such Code are each amended by striking section 541 and inserting section 541 (as in effect before its repeal). (17) (A) Section 553(a)(1) of such Code is amended by striking section 543(d) and inserting subsection (c). (B) Section 553 of such Code is amended by adding at the end the following new subsection: (c) Active business computer software royalties \n(1) In general \nFor purposes of subsection (a), the term active business computer software royalties means any royalties— (A) received by any corporation during the taxable year in connection with the licensing of computer software, and (B) with respect to which the requirements of paragraphs (2), (3), (4), and (5) are met. (2) Royalties must be received by corporation actively engaged in computer software business \nThe requirements of this paragraph are met if the royalties described in paragraph (1)— (A) are received by a corporation engaged in the active conduct of the trade or business of developing, manufacturing, or producing computer software, and (B) are attributable to computer software which— (i) is developed, manufactured, or produced by such corporation (or its predecessor) in connection with the trade or business described in subparagraph (A), or (ii) is directly related to such trade or business. (3) Royalties must constitute at least 50 percent of income \nThe requirements of this paragraph are met if the royalties described in paragraph (1) constitute at least 50 percent of the ordinary gross income of the corporation for the taxable year. (4) Deductions under sections 162 and 174 relating to royalties must equal or exceed 25 percent of ordinary gross income \n(A) In general \nThe requirements of this paragraph are met if— (i) the sum of the deductions allowable to the corporation under sections 162, 174, and 195 for the taxable year which are properly allocable to the trade or business described in paragraph (2) equals or exceeds 25 percent of the ordinary gross income of such corporation for such taxable year, or (ii) the average of such deductions for the 5-taxable year period ending with such taxable year equals or exceeds 25 percent of the average ordinary gross income of such corporation for such period. If a corporation has not been in existence during the 5-taxable year period described in clause (ii), then the period of existence of such corporation shall be substituted for such 5-taxable year period. (B) Deductions allowable under Section 162 \nFor purposes of subparagraph (A), a deduction shall not be treated as allowable under section 162 if it is specifically allowable under another section. (C) Limitation on allowable deductions \nFor purposes of subparagraph (A), no deduction shall be taken into account with respect to compensation for personal services rendered by the 5 individual shareholders holding the largest percentage (by value) of the outstanding stock of the corporation. For purposes of the preceding sentence individuals holding less than 5 percent (by value) of the stock of such corporation shall not be taken into account. (18) Section 561(a) of such Code is amended by striking paragraph (3), by inserting “and” at the end of paragraph (1), and by striking ”, and” at the end of paragraph (2) and inserting a period. (19) Section 562(b) of such Code is amended to read as follows: (b) Distributions in liquidation \nExcept in the case of a foreign personal holding company described in section 552— (1) in the case of amounts distributed in liquidation, the part of such distribution which is properly chargeable to earnings and profits accumulated after February 28, 1913, shall be treated as a dividend for purposes of computing the dividends paid deduction, and (2) in the case of a complete liquidation occurring within 24 months after the adoption of a plan of liquidation, any distribution within such period pursuant to such plan shall, to the extent of the earnings and profits (computed without regard to capital losses) of the corporation for the taxable year in which such distribution is made, be treated as a dividend for purposes of computing the dividends paid deduction. For purposes of paragraph (1), a liquidation includes a redemption of stock to which section 302 applies. Except to the extent provided in regulations, the preceding sentence shall not apply in the case of any mere holding or investment company which is not a regulated investment company. (20) Section 563 of such Code is amended by striking subsection (b). (21) Section 564 of such Code is hereby repealed. (22) Section 631(c) of such Code is amended by striking or section 545(b)(5). (23) Section 852(b)(1) of such Code is amended by striking which is a personal holding company (as defined in section 542) or. (24) (A) Section 856(h)(1) of such Code is amended to read as follows: (1) In general \nFor purposes of subsection (a)(6), a corporation, trust, or association is closely held if the stock ownership requirement of section 465(a)(3) is met. (B) Section 856(h)(3)(A)(i) of such Code is amended by striking section 542(a)(2) and inserting section 465(a)(3). (C) Paragraph (3) of section 856(h) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (D) Subparagraph (C) of section 856(h)(3) of such Code, as redesignating by the preceding subparagraph, is amended by striking subparagraph (C) and inserting subparagraph (B). (25) The last sentence of section 882(c)(2) of such Code is amended to read as follows: The preceding sentence shall not be construed to deny the credit provided by section 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline.. (26) Section 936(a)(3) of such Code is amended by striking subparagraph (C), by inserting or at the end of subparagraph (B), and by redesignating subparagraph (D) as subparagraph (C). (27) Section 992(d) of such Code is amended by striking paragraph (2) and by redesignating succeeding paragraphs accordingly. (28) Section 992(e) of such Code is amended by striking and section 541 (relating to personal holding company tax). (29) Section 1202(e)(8) of such Code is amended by striking section 543(d)(1) and inserting section 553(c)(1). (30) Section 1362(d)(3)(C)(iii) of such Code is amended by adding at the end the following new sentence: References to section 542 in the preceding sentence shall be treated as references to such section as in effect on the day before its repeal. (31) Section 1504(c)(2)(B) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (32) Section 2057(e)(2)(C) of such Code is amended by adding at the end the following new sentence: References to sections 542 and 543 in the preceding sentence shall be treated as references to such sections as in effect on the day before their repeal. (33) Sections 6422 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (12) and paragraphs (3) through (11), respectively. (34) Section 6501 of such Code is amended by striking subsection (f). (35) Section 6503(k) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (36) Section 6515 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (37) Subsections (d)(1)(B) and (e)(2) of section 6662 of such Code are each amended by striking or a personal holding company (as defined in section 542). (38) Section 6683 of such Code is hereby repealed. (c) Clerical amendments \n(1) The table of parts for subchapter G of chapter 1 of such Code is amended by striking the item relating to part II. (2) The table of sections for part IV of such subchapter G of such Code is amended by striking the item relating to section 564. (3) The table of sections for part I of subchapter B of chapter 68 of such Code is amended by striking the item relating to section 6683. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HB423E64E96A94F4397CAB1D2240328AE", "header": "Repeal of personal holding company tax", "nested": [ { "text": "(a) In general \nPart II of subchapter G of chapter 1 of the Internal Revenue Code of 1986 (relating to personal holding companies) is hereby repealed.", "id": "H04D4EDE021504ADDB22515A11E0081DE", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendments \n(1) Section 12(2) of such Code is amended to read as follows: (2) For accumulated earnings tax, see part I of subchapter G (sec. 531 and following).. (2) Section 26(b)(2) of such Code is amended by striking subparagraph (G) and by redesignating the succeeding subparagraphs accordingly. (3) Section 30A(c) of such Code is amended by striking paragraph (3), by inserting or at the end of paragraph (2), and by redesignating paragraph (4) as paragraph (3). (4) Section 41(e)(7)(E) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (5) Section 56(b)(2) of such Code is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (6) Section 170(e)(4)(D) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (7) Section 111(d) of such Code is amended to read as follows: (d) Special rules for accumulated earnings tax \nIn applying subsection (a) for the purpose of determining the accumulated earnings tax under section 531— (1) any excluded amount under subsection (a) allowed for purposes of this subtitle (other than section 531) shall be allowed whether or not such amount resulted in a reduction of the tax under section 531 for the prior taxable year, and (2) where any excluded amount under subsection (a) was not allowed as a deduction for the prior taxable year for purposes of this subtitle other than section 531 but was allowable for the same taxable year under section 531, then such excluded amount shall be allowable if it did not result in a reduction of the tax under section 531.. (8) (A) Section 316(b) of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (B) Section 331(b) of such Code is amended by striking (other than a distribution referred to in paragraph (2)(B) of section 316(b)). (9) Section 341(d) of such Code is amended— (A) by striking section 544(a) and inserting section 465(f) , and (B) by inserting before the period at the end of the next to the last sentence and such paragraph (2) shall be applied by inserting by or for his partner after his family. (10) Section 381(c) of such Code is amended by striking paragraphs (14) and (17). (11) Section 443(e) of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (12) Section 447(g)(4)(A) of such Code is amended by striking other than— and all that follows and inserting other than an S corporation. (13) (A) Section 465(a)(1)(B) of such Code is amended to read as follows: (B) a C corporation which is closely held,. (B) Section 465(a)(3) of such Code is amended to read as follows: (3) Closely held determination \nFor purposes of paragraph (1), a corporation is closely held if, at any time during the last half of the taxable year, more than 50 percent in value of its outstanding stock is owned, directly or indirectly, by or for not more than 5 individuals. For purposes of this paragraph, an organization described in section 401(a), 501(c)(17), or 509(a) or a portion of a trust permanently set aside or to be used exclusively for the purposes described in section 642(c) shall be considered an individual. (C) Section 465 of such Code is amended by adding at the end the following new subsection: (f) Constructive ownership rules \nFor purposes of subsection (a)(3)— (1) Stock not owned by individual \nStock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. (2) Family ownership \nAn individual shall be considered as owning the stock owned, directly or indirectly, by or for his family. For purposes of this paragraph, the family of an individual includes only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (3) Options \nIf any person has an option to acquire stock, such stock shall be considered as owned by such person. For purposes of this paragraph, an option to acquire such an option, and each one of a series of such options, shall be considered as an option to acquire such stock. (4) Application of family and option rules \nParagraphs (2) and (3) shall be applied if, but only if, the effect is to make the corporation closely held under subsection (a)(3). (5) Constructive ownership as actual ownership \nStock constructively owned by a person by reason of the application of paragraph (1) or (3), shall, for purposes of applying paragraph (1) or (2), be treated as actually owned by such person; but stock constructively owned by an individual by reason of the application of paragraph (2) shall not be treated as owned by him for purposes of again applying such paragraph in order to make another the constructive owner of such stock. (6) Option rule in lieu of family rule \nIf stock may be considered as owned by an individual under either paragraph (2) or (3) it shall be considered as owned by him under paragraph (3). (7) Convertible securities \nOutstanding securities convertible into stock (whether or not convertible during the taxable year) shall be considered as outstanding stock if the effect of the inclusion of all such securities is to make the corporation closely held under subsection (a)(3). The requirement under the preceding sentence that all convertible securities must be included if any are to be included shall be subject to the exception that, where some of the outstanding securities are convertible only after a later date than in the case of others, the class having the earlier conversion date may be included although the others are not included, but no convertible securities shall be included unless all outstanding securities having a prior conversion date are also included. (D) Section 465(c)(7)(B) of such Code is amended by striking clause (i) and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (E) Section 465(c)(7)(G) of such Code is amended to read as follows: (G) Loss of 1 member of affiliated group may not offset income of personal service corporation \nNothing in this paragraph shall permit any loss of a member of an affiliated group to be used as an offset against the income of any other member of such group which is a personal service corporation (as defined in section 269A(b) but determined by substituting 5 percent for 10 percent in section 269A(b)(2)). (14) Sections 508(d), 4947, and 4948(c)(4) of such Code are each amended by striking 545(b)(2), each place it appears. (15) Section 532(b) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (16) Sections 535(b)(1) and 556(b)(1) of such Code are each amended by striking section 541 and inserting section 541 (as in effect before its repeal). (17) (A) Section 553(a)(1) of such Code is amended by striking section 543(d) and inserting subsection (c). (B) Section 553 of such Code is amended by adding at the end the following new subsection: (c) Active business computer software royalties \n(1) In general \nFor purposes of subsection (a), the term active business computer software royalties means any royalties— (A) received by any corporation during the taxable year in connection with the licensing of computer software, and (B) with respect to which the requirements of paragraphs (2), (3), (4), and (5) are met. (2) Royalties must be received by corporation actively engaged in computer software business \nThe requirements of this paragraph are met if the royalties described in paragraph (1)— (A) are received by a corporation engaged in the active conduct of the trade or business of developing, manufacturing, or producing computer software, and (B) are attributable to computer software which— (i) is developed, manufactured, or produced by such corporation (or its predecessor) in connection with the trade or business described in subparagraph (A), or (ii) is directly related to such trade or business. (3) Royalties must constitute at least 50 percent of income \nThe requirements of this paragraph are met if the royalties described in paragraph (1) constitute at least 50 percent of the ordinary gross income of the corporation for the taxable year. (4) Deductions under sections 162 and 174 relating to royalties must equal or exceed 25 percent of ordinary gross income \n(A) In general \nThe requirements of this paragraph are met if— (i) the sum of the deductions allowable to the corporation under sections 162, 174, and 195 for the taxable year which are properly allocable to the trade or business described in paragraph (2) equals or exceeds 25 percent of the ordinary gross income of such corporation for such taxable year, or (ii) the average of such deductions for the 5-taxable year period ending with such taxable year equals or exceeds 25 percent of the average ordinary gross income of such corporation for such period. If a corporation has not been in existence during the 5-taxable year period described in clause (ii), then the period of existence of such corporation shall be substituted for such 5-taxable year period. (B) Deductions allowable under Section 162 \nFor purposes of subparagraph (A), a deduction shall not be treated as allowable under section 162 if it is specifically allowable under another section. (C) Limitation on allowable deductions \nFor purposes of subparagraph (A), no deduction shall be taken into account with respect to compensation for personal services rendered by the 5 individual shareholders holding the largest percentage (by value) of the outstanding stock of the corporation. For purposes of the preceding sentence individuals holding less than 5 percent (by value) of the stock of such corporation shall not be taken into account. (18) Section 561(a) of such Code is amended by striking paragraph (3), by inserting “and” at the end of paragraph (1), and by striking ”, and” at the end of paragraph (2) and inserting a period. (19) Section 562(b) of such Code is amended to read as follows: (b) Distributions in liquidation \nExcept in the case of a foreign personal holding company described in section 552— (1) in the case of amounts distributed in liquidation, the part of such distribution which is properly chargeable to earnings and profits accumulated after February 28, 1913, shall be treated as a dividend for purposes of computing the dividends paid deduction, and (2) in the case of a complete liquidation occurring within 24 months after the adoption of a plan of liquidation, any distribution within such period pursuant to such plan shall, to the extent of the earnings and profits (computed without regard to capital losses) of the corporation for the taxable year in which such distribution is made, be treated as a dividend for purposes of computing the dividends paid deduction. For purposes of paragraph (1), a liquidation includes a redemption of stock to which section 302 applies. Except to the extent provided in regulations, the preceding sentence shall not apply in the case of any mere holding or investment company which is not a regulated investment company. (20) Section 563 of such Code is amended by striking subsection (b). (21) Section 564 of such Code is hereby repealed. (22) Section 631(c) of such Code is amended by striking or section 545(b)(5). (23) Section 852(b)(1) of such Code is amended by striking which is a personal holding company (as defined in section 542) or. (24) (A) Section 856(h)(1) of such Code is amended to read as follows: (1) In general \nFor purposes of subsection (a)(6), a corporation, trust, or association is closely held if the stock ownership requirement of section 465(a)(3) is met. (B) Section 856(h)(3)(A)(i) of such Code is amended by striking section 542(a)(2) and inserting section 465(a)(3). (C) Paragraph (3) of section 856(h) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (D) Subparagraph (C) of section 856(h)(3) of such Code, as redesignating by the preceding subparagraph, is amended by striking subparagraph (C) and inserting subparagraph (B). (25) The last sentence of section 882(c)(2) of such Code is amended to read as follows: The preceding sentence shall not be construed to deny the credit provided by section 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline.. (26) Section 936(a)(3) of such Code is amended by striking subparagraph (C), by inserting or at the end of subparagraph (B), and by redesignating subparagraph (D) as subparagraph (C). (27) Section 992(d) of such Code is amended by striking paragraph (2) and by redesignating succeeding paragraphs accordingly. (28) Section 992(e) of such Code is amended by striking and section 541 (relating to personal holding company tax). (29) Section 1202(e)(8) of such Code is amended by striking section 543(d)(1) and inserting section 553(c)(1). (30) Section 1362(d)(3)(C)(iii) of such Code is amended by adding at the end the following new sentence: References to section 542 in the preceding sentence shall be treated as references to such section as in effect on the day before its repeal. (31) Section 1504(c)(2)(B) of such Code is amended by adding and at the end of clause (i), by striking clause (ii), and by redesignating clause (iii) as clause (ii). (32) Section 2057(e)(2)(C) of such Code is amended by adding at the end the following new sentence: References to sections 542 and 543 in the preceding sentence shall be treated as references to such sections as in effect on the day before their repeal. (33) Sections 6422 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (12) and paragraphs (3) through (11), respectively. (34) Section 6501 of such Code is amended by striking subsection (f). (35) Section 6503(k) of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (36) Section 6515 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (37) Subsections (d)(1)(B) and (e)(2) of section 6662 of such Code are each amended by striking or a personal holding company (as defined in section 542). (38) Section 6683 of such Code is hereby repealed.", "id": "H5CB5F99DA3A34C44BBE2EF66DB40AEE3", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Clerical amendments \n(1) The table of parts for subchapter G of chapter 1 of such Code is amended by striking the item relating to part II. (2) The table of sections for part IV of such subchapter G of such Code is amended by striking the item relating to section 564. (3) The table of sections for part I of subchapter B of chapter 68 of such Code is amended by striking the item relating to section 6683.", "id": "H38214B7F947742E586ED44766D29BDE1", "header": "Clerical amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HC76432C14F6D4EDBA630EDF377838908", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the of 2004.", "id": "HAB16880FEF3C4A819F6E2B486017E927", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic, and community influences from an interdisciplinary, family-centered, and community-based approach.", "id": "H5E94ECA5DDEC460BAD1EB3AB00A600AD", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Establishment of National Center for Social Work Research \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: R National Center for Social Work Research \n399AA. Establishment \n(a) Establishment \nThe Secretary shall establish the National Center for Social Work Research (in this part referred to as the Center ) for the purpose of conducting, supporting, and disseminating targeted research on social work methods and outcomes related to problems of significant social concern. (b) Director \nThe Secretary shall appoint the Director of the Center. 399BB. Specific authorities \n(a) In general \nTo carry out the purpose described in section 399AA(a), the Director of the Center— (1) shall promote research and training designed to inform social work practice, thus increasing the knowledge base and promoting a healthier America; (2) shall provide policymakers with empirically-based research information to enable them to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency; and (3) may establish in the Center and other nonprofit institutions, and make grants for, research traineeships and fellowships to address problems of significant social concern, especially in underserved populations and underserved geographical areas, through the study and investigation of— (A) the prevention of disease; (B) health promotion; (C) the association of socioeconomic status, gender, ethnicity, age, and geographical location with health; (D) the social work care of individuals and families affected by acute and chronic illnesses, child abuse, neglect, or youth violence; and (E) child and family care. (b) Stipends and allowances \nThe Director of the Center may provide individuals receiving training, instruction, traineeships, or fellowships under this section with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. 399CC. Advisory council \n(a) Duties \n(1) In general \nThe Secretary shall establish an advisory council for the Center (in this part referred to as the advisory council ) that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. (2) Gifts \nThe advisory council may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. (3) Other duties and functions \nThe advisory council— (A) (i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; (ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; (B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and (C) may appoint subcommittees and convene workshops and conferences. (b) Membership \n(1) In general \nThe voting members of the advisory council shall be the ex officio members described in paragraph (2) and not more than 18 individuals appointed by the Secretary under paragraph (3). (2) Ex officio members \nThe ex officio members of the advisory council shall consist of the following officers and employees (or their designees): (A) The Secretary of Health and Human Services, the Director of the Center, the Director of the Centers for Disease Control and Prevention, the Director of the Institute of Education Sciences, the Assistant Attorney General for the Office of Justice Programs, the Director of the National Institutes of Health, the Associate Director for Prevention of the National Institute of Mental Health, and the Associate Director for Prevention of the National Institute on Drug Abuse. (B) An official of the Department of Health and Human Services with principal responsibility for health programs relating to children and families, designated by the Secretary of Health and Human Services. (C) An official of the Department of Defense with principal responsibility for health affairs, designated by the Secretary of Defense. (D) An official of the National Institute of Mental Health with principal responsibility for services research and clinical epidemiology, designated by the Director of the National Institute of Mental Health. (E) An official of the Department of Housing and Urban Development with principal responsibility for community planning and development, designated by the Secretary of Housing and Urban Development. (F) An official of the Veterans Health Administration with principal responsibility for social work programs, designated by the Under Secretary for Health of the Veterans Health Administration. (G) Any other officer or employee of the United States who, at the request of the Secretary, agrees to serve on the advisory council. (3) Appointed members \nThe Secretary shall appoint not to exceed 18 individuals to the advisory council, of which— (A) not more than two-thirds of such 18 individuals shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, of which at least 7 individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and (B) not more than one-third of such 18 individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. (4) Compensation \nMembers of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS–18 of the General Schedule. (c) Terms \n(1) In general \nThe term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member’s term until a successor has been appointed. (2) Reappointments \nA member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. (3) Vacancy \nIf a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. (4) Expiration of terms \nThe Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. (d) Chairperson \n(1) Selection \nThe Secretary shall select the chairperson of the advisory council from among the members appointed under subsection (b)(3) and the Director of the Center. (2) Term \nThe term of office of the chairperson shall be 2 years, except that such term shall not apply if the chairperson is the Director of the Center. (e) Meetings \nThe advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. (f) Administrative provisions \nThe Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. (g) Comments and recommendations \nThe advisory council— (1) may prepare for inclusion in the biennial report under section 399DD— (A) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; (B) comments on the progress of the Center in meeting its objectives; and (C) recommendations with respect to the future direction and program and policy emphasis of the Center; and (2) such additional reports as the advisory council determines to be appropriate. 399DD. Biennial reports \n(a) In general \nThe Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of the Center, after consultation with the advisory council, and which shall consist of— (1) a description of the activities of the Center and the program policies of the Director of the Center in the fiscal years for which the report is prepared; and (2) such additional information as the Director determines appropriate. (b) Comments by advisory council \nThe Director of the Center shall provide the advisory council an opportunity to submit written comments described in section 399CC(g). 400. Authorization of appropriations \nFor the purpose of carrying out this part, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009..", "id": "H56A1EE018863486BB15885BC6C048939", "header": "Establishment of National Center for Social Work Research", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "399AA. Establishment \n(a) Establishment \nThe Secretary shall establish the National Center for Social Work Research (in this part referred to as the Center ) for the purpose of conducting, supporting, and disseminating targeted research on social work methods and outcomes related to problems of significant social concern. (b) Director \nThe Secretary shall appoint the Director of the Center.", "id": "HBB1F4656BE834D9F92A0C6E773BF800", "header": "Establishment", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish the National Center for Social Work Research (in this part referred to as the Center ) for the purpose of conducting, supporting, and disseminating targeted research on social work methods and outcomes related to problems of significant social concern.", "id": "H3BEAB7F7AF08407CB417339900D2C6C6", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \nThe Secretary shall appoint the Director of the Center.", "id": "H20BA71CE1466430986E00012C70088F0", "header": "Director", "nested": [], "links": [] } ], "links": [] }, { "text": "399BB. Specific authorities \n(a) In general \nTo carry out the purpose described in section 399AA(a), the Director of the Center— (1) shall promote research and training designed to inform social work practice, thus increasing the knowledge base and promoting a healthier America; (2) shall provide policymakers with empirically-based research information to enable them to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency; and (3) may establish in the Center and other nonprofit institutions, and make grants for, research traineeships and fellowships to address problems of significant social concern, especially in underserved populations and underserved geographical areas, through the study and investigation of— (A) the prevention of disease; (B) health promotion; (C) the association of socioeconomic status, gender, ethnicity, age, and geographical location with health; (D) the social work care of individuals and families affected by acute and chronic illnesses, child abuse, neglect, or youth violence; and (E) child and family care. (b) Stipends and allowances \nThe Director of the Center may provide individuals receiving training, instruction, traineeships, or fellowships under this section with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary.", "id": "HFFE245B4021F4AAC959863E3779EAB26", "header": "Specific authorities", "nested": [ { "text": "(a) In general \nTo carry out the purpose described in section 399AA(a), the Director of the Center— (1) shall promote research and training designed to inform social work practice, thus increasing the knowledge base and promoting a healthier America; (2) shall provide policymakers with empirically-based research information to enable them to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency; and (3) may establish in the Center and other nonprofit institutions, and make grants for, research traineeships and fellowships to address problems of significant social concern, especially in underserved populations and underserved geographical areas, through the study and investigation of— (A) the prevention of disease; (B) health promotion; (C) the association of socioeconomic status, gender, ethnicity, age, and geographical location with health; (D) the social work care of individuals and families affected by acute and chronic illnesses, child abuse, neglect, or youth violence; and (E) child and family care.", "id": "H6E1D69038D29426AB46424B83D3915D5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Stipends and allowances \nThe Director of the Center may provide individuals receiving training, instruction, traineeships, or fellowships under this section with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary.", "id": "HF47CC52A9F59492DAAE03E3FF167E74E", "header": "Stipends and allowances", "nested": [], "links": [] } ], "links": [] }, { "text": "399CC. Advisory council \n(a) Duties \n(1) In general \nThe Secretary shall establish an advisory council for the Center (in this part referred to as the advisory council ) that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. (2) Gifts \nThe advisory council may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. (3) Other duties and functions \nThe advisory council— (A) (i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; (ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; (B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and (C) may appoint subcommittees and convene workshops and conferences. (b) Membership \n(1) In general \nThe voting members of the advisory council shall be the ex officio members described in paragraph (2) and not more than 18 individuals appointed by the Secretary under paragraph (3). (2) Ex officio members \nThe ex officio members of the advisory council shall consist of the following officers and employees (or their designees): (A) The Secretary of Health and Human Services, the Director of the Center, the Director of the Centers for Disease Control and Prevention, the Director of the Institute of Education Sciences, the Assistant Attorney General for the Office of Justice Programs, the Director of the National Institutes of Health, the Associate Director for Prevention of the National Institute of Mental Health, and the Associate Director for Prevention of the National Institute on Drug Abuse. (B) An official of the Department of Health and Human Services with principal responsibility for health programs relating to children and families, designated by the Secretary of Health and Human Services. (C) An official of the Department of Defense with principal responsibility for health affairs, designated by the Secretary of Defense. (D) An official of the National Institute of Mental Health with principal responsibility for services research and clinical epidemiology, designated by the Director of the National Institute of Mental Health. (E) An official of the Department of Housing and Urban Development with principal responsibility for community planning and development, designated by the Secretary of Housing and Urban Development. (F) An official of the Veterans Health Administration with principal responsibility for social work programs, designated by the Under Secretary for Health of the Veterans Health Administration. (G) Any other officer or employee of the United States who, at the request of the Secretary, agrees to serve on the advisory council. (3) Appointed members \nThe Secretary shall appoint not to exceed 18 individuals to the advisory council, of which— (A) not more than two-thirds of such 18 individuals shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, of which at least 7 individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and (B) not more than one-third of such 18 individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. (4) Compensation \nMembers of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS–18 of the General Schedule. (c) Terms \n(1) In general \nThe term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member’s term until a successor has been appointed. (2) Reappointments \nA member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. (3) Vacancy \nIf a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. (4) Expiration of terms \nThe Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. (d) Chairperson \n(1) Selection \nThe Secretary shall select the chairperson of the advisory council from among the members appointed under subsection (b)(3) and the Director of the Center. (2) Term \nThe term of office of the chairperson shall be 2 years, except that such term shall not apply if the chairperson is the Director of the Center. (e) Meetings \nThe advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. (f) Administrative provisions \nThe Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. (g) Comments and recommendations \nThe advisory council— (1) may prepare for inclusion in the biennial report under section 399DD— (A) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; (B) comments on the progress of the Center in meeting its objectives; and (C) recommendations with respect to the future direction and program and policy emphasis of the Center; and (2) such additional reports as the advisory council determines to be appropriate.", "id": "H5D047AE849E143099924F6BAC2EAD73D", "header": "Advisory council", "nested": [ { "text": "(a) Duties \n(1) In general \nThe Secretary shall establish an advisory council for the Center (in this part referred to as the advisory council ) that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. (2) Gifts \nThe advisory council may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. (3) Other duties and functions \nThe advisory council— (A) (i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; (ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; (B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and (C) may appoint subcommittees and convene workshops and conferences.", "id": "H04DF2876FE99484DBD15002786EFA722", "header": "Duties", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe voting members of the advisory council shall be the ex officio members described in paragraph (2) and not more than 18 individuals appointed by the Secretary under paragraph (3). (2) Ex officio members \nThe ex officio members of the advisory council shall consist of the following officers and employees (or their designees): (A) The Secretary of Health and Human Services, the Director of the Center, the Director of the Centers for Disease Control and Prevention, the Director of the Institute of Education Sciences, the Assistant Attorney General for the Office of Justice Programs, the Director of the National Institutes of Health, the Associate Director for Prevention of the National Institute of Mental Health, and the Associate Director for Prevention of the National Institute on Drug Abuse. (B) An official of the Department of Health and Human Services with principal responsibility for health programs relating to children and families, designated by the Secretary of Health and Human Services. (C) An official of the Department of Defense with principal responsibility for health affairs, designated by the Secretary of Defense. (D) An official of the National Institute of Mental Health with principal responsibility for services research and clinical epidemiology, designated by the Director of the National Institute of Mental Health. (E) An official of the Department of Housing and Urban Development with principal responsibility for community planning and development, designated by the Secretary of Housing and Urban Development. (F) An official of the Veterans Health Administration with principal responsibility for social work programs, designated by the Under Secretary for Health of the Veterans Health Administration. (G) Any other officer or employee of the United States who, at the request of the Secretary, agrees to serve on the advisory council. (3) Appointed members \nThe Secretary shall appoint not to exceed 18 individuals to the advisory council, of which— (A) not more than two-thirds of such 18 individuals shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, of which at least 7 individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and (B) not more than one-third of such 18 individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. (4) Compensation \nMembers of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS–18 of the General Schedule.", "id": "HC24DB2449C4048AFAF38F7467CAD46CA", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Terms \n(1) In general \nThe term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member’s term until a successor has been appointed. (2) Reappointments \nA member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. (3) Vacancy \nIf a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. (4) Expiration of terms \nThe Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year.", "id": "H3D83D93E33A34BAC99002FE1B03CBB17", "header": "Terms", "nested": [], "links": [] }, { "text": "(d) Chairperson \n(1) Selection \nThe Secretary shall select the chairperson of the advisory council from among the members appointed under subsection (b)(3) and the Director of the Center. (2) Term \nThe term of office of the chairperson shall be 2 years, except that such term shall not apply if the chairperson is the Director of the Center.", "id": "H86D310AB7BCA4707B8D0F1CCA382BBC", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(e) Meetings \nThe advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center.", "id": "HF200A7A803DF42E0B700FF90DC3090B6", "header": "Meetings", "nested": [], "links": [] }, { "text": "(f) Administrative provisions \nThe Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council.", "id": "HB860F94142704619B5751254B94B67", "header": "Administrative provisions", "nested": [], "links": [] }, { "text": "(g) Comments and recommendations \nThe advisory council— (1) may prepare for inclusion in the biennial report under section 399DD— (A) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; (B) comments on the progress of the Center in meeting its objectives; and (C) recommendations with respect to the future direction and program and policy emphasis of the Center; and (2) such additional reports as the advisory council determines to be appropriate.", "id": "HE2D79F989D944BAC9100E0FD5412743D", "header": "Comments and recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "399DD. Biennial reports \n(a) In general \nThe Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of the Center, after consultation with the advisory council, and which shall consist of— (1) a description of the activities of the Center and the program policies of the Director of the Center in the fiscal years for which the report is prepared; and (2) such additional information as the Director determines appropriate. (b) Comments by advisory council \nThe Director of the Center shall provide the advisory council an opportunity to submit written comments described in section 399CC(g).", "id": "H0A383A7387704450994BCE8BC1043949", "header": "Biennial reports", "nested": [ { "text": "(a) In general \nThe Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of the Center, after consultation with the advisory council, and which shall consist of— (1) a description of the activities of the Center and the program policies of the Director of the Center in the fiscal years for which the report is prepared; and (2) such additional information as the Director determines appropriate.", "id": "HFF5224B5F88E4F24950386B6D235B4D0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Comments by advisory council \nThe Director of the Center shall provide the advisory council an opportunity to submit written comments described in section 399CC(g).", "id": "H87DDDAA9A9094369856DE57F9FB72DA", "header": "Comments by advisory council", "nested": [], "links": [] } ], "links": [] }, { "text": "400. Authorization of appropriations \nFor the purpose of carrying out this part, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009.", "id": "H7021F85AC1894F8A832DA1EC85457333", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Servicemembers Anti-Predatory Lending Protection Act.", "id": "HEBE1BA3DBFB242C0B084102DD0084B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Terms of consumer credit extended to servicemember or servicemember’s dependent \n(a) Terms of consumer credit \nTitle II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: 208. Terms of consumer credit \n(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. (b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. (e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. (f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. (g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.. (b) Clerical amendment \nThe table of contents of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 501 ) is amended by inserting after the item relating to section 207 the following new item: Sec. 208. Terms of consumer credit.", "id": "H31DD4C3E83B74B1590611F521D30E013", "header": "Terms of consumer credit extended to servicemember or servicemember’s dependent", "nested": [ { "text": "(a) Terms of consumer credit \nTitle II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: 208. Terms of consumer credit \n(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. (b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. (e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. (f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. (g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit..", "id": "H4A5B5A4E48B1439DB0A4E02E67ADA528", "header": "Terms of consumer credit", "nested": [], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" }, { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 501 ) is amended by inserting after the item relating to section 207 the following new item: Sec. 208. Terms of consumer credit.", "id": "HB50F9E705E8348A3A8FA832177456542", "header": "Clerical amendment", "nested": [], "links": [ { "text": "50 U.S.C. App. 501", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/501" } ] } ], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" }, { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" }, { "text": "50 U.S.C. App. 501", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/501" } ] }, { "text": "208. Terms of consumer credit \n(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. (b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. (e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. (f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. (g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.", "id": "HAEFD094D76D846EC88F29673C3585216", "header": "Terms of consumer credit", "nested": [ { "text": "(a) Interest \nA creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section.", "id": "H757B3CBD5D374E249C691B8400158BC4", "header": "Interest", "nested": [], "links": [] }, { "text": "(b) Annual percentage rate \nA creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent.", "id": "HAD46EA04C1CF4451B34FD79D006DE101", "header": "Annual percentage rate", "nested": [], "links": [] }, { "text": "(c) Mandatory loan disclosures \n(1) Information required \nWith respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms \nSuch disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ).", "id": "H84C2552439414A39B2D7137B4F272601", "header": "Mandatory loan disclosures", "nested": [], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" }, { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" } ] }, { "text": "(d) Limitation \nA creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent.", "id": "H0B926C3038AD49089C00BA2815CBEC34", "header": "Limitation", "nested": [], "links": [] }, { "text": "(e) Preemption \nExcept as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent.", "id": "HB68601A985514487A28CDE08C2AEC971", "header": "Preemption", "nested": [], "links": [] }, { "text": "(f) Penalties \n(1) Misdemeanor \nAny creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies \nThe remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages.", "id": "HA8C34F9D6F2C45E297F14DE3A36DE262", "header": "Penalties", "nested": [], "links": [] }, { "text": "(g) Definition \nFor purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.", "id": "HDDACE24DBD664461A9317F5792BFC282", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" }, { "text": "15 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1601" } ] } ]

[ "Veterans' Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Bleeding Kansas National Heritage Area Act.", "id": "H3965575925F94E1BB6BCBA584829D948", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) The Bleeding Kansas National Heritage Area is a cohesive assemblage of natural, historic, cultural, and recreational resources that— (A) together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (B) are best managed through partnerships between private and public entities; (C) will build upon the Kansas rural development policy and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (2) The Bleeding Kansas National Heritage Area reflects traditions, customs, beliefs, folk life, or some combination thereof, that are a valuable part of the heritage of the United States. (3) The Bleeding Kansas National Heritage Area provides outstanding opportunities to conserve natural, cultural, or historic features, or some combination thereof. (4) The Bleeding Kansas National Heritage Area provides outstanding recreational and interpretive opportunities. (5) The Bleeding Kansas National Heritage Area has an identifiable theme, and resources important to the theme retain integrity capable of supporting interpretation. (6) Residents, nonprofit organizations, other private entities, and units of local government throughout the Bleeding Kansas National Heritage Area demonstrate support for designation of the Bleeding Kansas National Heritage Area as a national heritage area and for management of the Bleeding Kansas National Heritage Area as appropriate for such designation. (7) Capturing these interconnected stories through partnerships with National Park Service sites, Kansas State Historical Society sites, local organizations, and citizens will augment the story opportunities within the prospective boundary for the educational and recreational benefit of this and future generations of Americans. (8) Communities throughout this region know the value of their Bleeding Kansas legacy, but require expansion of the existing cooperative framework to achieve key preservation, education, and other significant goals by working more closely together. (9) The State of Kansas officially recognized the national significance of the Bleeding Kansas story when it designated the heritage area development as a significant strategic goal within the statewide economic development plan. (10) Territorial Kansas Heritage Alliance is a nonprofit corporation created for the purposes of preserving, interpreting, developing, promoting and, making available to the public the story and resources related to the story of Bleeding Kansas and the Enduring Struggle for Freedom. (11) Territorial Kansas Heritage Alliance has completed a study that— (A) describes in detail the role, operation, financing, and functions of Territorial Kansas Heritage Alliance, the management entity; and (B) provides adequate assurances that Territorial Kansas Heritage Alliance, the management entity, is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants. (12) There are at least 7 National Historic Landmarks, 32 National Register properties, 3 Kansas Register properties, and 7 properties listed on the National Underground Railroad Network to Freedom that contribute to the Heritage Area as well as other significant properties that have not been designated at this time. (13) There is an interest in interpreting all sides of the Bleeding Kansas story that requires further work with several counties in Missouri interested in joining the area. (14) In 2004, the State of Kansas is commemorating the Sesquicentennial of the signing of the Kansas-Nebraska Act, opening the territory to settlement. (b) Purposes \nThe purposes of this Act are as follows: (1) To designate a region in eastern Kansas and western Missouri containing nationally important natural, historic, and cultural resources and recreational and educational opportunities that are geographically assembled and thematically related as areas that provide unique frameworks for understanding the great and diverse character of the United States and the development of communities and their surroundings as the Bleeding Kansas National Heritage Area. (2) To strengthen, complement, and support the Fort Scott, Brown v. Board of Education, Nicodemus and Tallgrass Prairie sites through the interpretation and conservation of the associated living landscapes outside of the boundaries of these units of the National Park System. (3) To describe the extent of Federal responsibilities and duties in regard to the Heritage Area. (4) To further collaboration and partnerships among Federal, State, and local governments, nonprofit organizations, and the private sector, or combinations thereof, to conserve and manage the resources and opportunities in the Heritage Area through grants, technical assistance, training and other means. (5) To authorize Federal financial and technical assistance to management entity to assist in the conservation and interpretation of the Heritage Area. (6) To empower communities and organizations in Kansas to preserve the special historic identity of Bleeding Kansas and with it the identity of the Nation. (7) To provide for the management, preservation, protection, and interpretation of the natural, historical, and cultural resources within the region for the educational and inspirational benefit of current and future generations. (8) To provide greater community capacity through inter-local cooperation. (9) To provide a vehicle, particularly in the four counties with high out-migration of population, to recognize that self-reliance and resilience will be the keys to their economic future. (10) To build upon the Kansas rural development policy, the Kansas agritourism initiative and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (11) To educate and cultivate among its citizens, particularly its youth, the stories and cultural resources of the region’s legacy that— (A) reflect the popular phrase Bleeding Kansas describing the conflict over slavery that became nationally prominent in Kansas just before and during the American Civil War; (B) reflect the commitment of American settlers who first fought and killed to uphold their different and irreconcilable principles of freedom and equality during the years of the Kansas Conflict; (C) reflect the struggle for freedom, experienced during the Bleeding Kansas era, that continues to be a vital and pressing issue associated with the real problem of democratic nation building; and (D) recreate the physical environment revealing its impact on agriculture, transportation, trade and business, and social and cultural patterns in urban and rural settings. (12) To interpret the effect of the era’s democratic ethos on the development of America’s distinctive political culture.", "id": "H151249FC3B56494E8E14E4E78F19CFB", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) The Bleeding Kansas National Heritage Area is a cohesive assemblage of natural, historic, cultural, and recreational resources that— (A) together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (B) are best managed through partnerships between private and public entities; (C) will build upon the Kansas rural development policy and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (2) The Bleeding Kansas National Heritage Area reflects traditions, customs, beliefs, folk life, or some combination thereof, that are a valuable part of the heritage of the United States. (3) The Bleeding Kansas National Heritage Area provides outstanding opportunities to conserve natural, cultural, or historic features, or some combination thereof. (4) The Bleeding Kansas National Heritage Area provides outstanding recreational and interpretive opportunities. (5) The Bleeding Kansas National Heritage Area has an identifiable theme, and resources important to the theme retain integrity capable of supporting interpretation. (6) Residents, nonprofit organizations, other private entities, and units of local government throughout the Bleeding Kansas National Heritage Area demonstrate support for designation of the Bleeding Kansas National Heritage Area as a national heritage area and for management of the Bleeding Kansas National Heritage Area as appropriate for such designation. (7) Capturing these interconnected stories through partnerships with National Park Service sites, Kansas State Historical Society sites, local organizations, and citizens will augment the story opportunities within the prospective boundary for the educational and recreational benefit of this and future generations of Americans. (8) Communities throughout this region know the value of their Bleeding Kansas legacy, but require expansion of the existing cooperative framework to achieve key preservation, education, and other significant goals by working more closely together. (9) The State of Kansas officially recognized the national significance of the Bleeding Kansas story when it designated the heritage area development as a significant strategic goal within the statewide economic development plan. (10) Territorial Kansas Heritage Alliance is a nonprofit corporation created for the purposes of preserving, interpreting, developing, promoting and, making available to the public the story and resources related to the story of Bleeding Kansas and the Enduring Struggle for Freedom. (11) Territorial Kansas Heritage Alliance has completed a study that— (A) describes in detail the role, operation, financing, and functions of Territorial Kansas Heritage Alliance, the management entity; and (B) provides adequate assurances that Territorial Kansas Heritage Alliance, the management entity, is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants. (12) There are at least 7 National Historic Landmarks, 32 National Register properties, 3 Kansas Register properties, and 7 properties listed on the National Underground Railroad Network to Freedom that contribute to the Heritage Area as well as other significant properties that have not been designated at this time. (13) There is an interest in interpreting all sides of the Bleeding Kansas story that requires further work with several counties in Missouri interested in joining the area. (14) In 2004, the State of Kansas is commemorating the Sesquicentennial of the signing of the Kansas-Nebraska Act, opening the territory to settlement.", "id": "H632E364A60B246858C04FEA590C8483", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of this Act are as follows: (1) To designate a region in eastern Kansas and western Missouri containing nationally important natural, historic, and cultural resources and recreational and educational opportunities that are geographically assembled and thematically related as areas that provide unique frameworks for understanding the great and diverse character of the United States and the development of communities and their surroundings as the Bleeding Kansas National Heritage Area. (2) To strengthen, complement, and support the Fort Scott, Brown v. Board of Education, Nicodemus and Tallgrass Prairie sites through the interpretation and conservation of the associated living landscapes outside of the boundaries of these units of the National Park System. (3) To describe the extent of Federal responsibilities and duties in regard to the Heritage Area. (4) To further collaboration and partnerships among Federal, State, and local governments, nonprofit organizations, and the private sector, or combinations thereof, to conserve and manage the resources and opportunities in the Heritage Area through grants, technical assistance, training and other means. (5) To authorize Federal financial and technical assistance to management entity to assist in the conservation and interpretation of the Heritage Area. (6) To empower communities and organizations in Kansas to preserve the special historic identity of Bleeding Kansas and with it the identity of the Nation. (7) To provide for the management, preservation, protection, and interpretation of the natural, historical, and cultural resources within the region for the educational and inspirational benefit of current and future generations. (8) To provide greater community capacity through inter-local cooperation. (9) To provide a vehicle, particularly in the four counties with high out-migration of population, to recognize that self-reliance and resilience will be the keys to their economic future. (10) To build upon the Kansas rural development policy, the Kansas agritourism initiative and the new homestead act to recognize inherent strengths of small towns and rural communities—close-knit communities, strong local business networks, and a tradition of entrepreneurial creativity. (11) To educate and cultivate among its citizens, particularly its youth, the stories and cultural resources of the region’s legacy that— (A) reflect the popular phrase Bleeding Kansas describing the conflict over slavery that became nationally prominent in Kansas just before and during the American Civil War; (B) reflect the commitment of American settlers who first fought and killed to uphold their different and irreconcilable principles of freedom and equality during the years of the Kansas Conflict; (C) reflect the struggle for freedom, experienced during the Bleeding Kansas era, that continues to be a vital and pressing issue associated with the real problem of democratic nation building; and (D) recreate the physical environment revealing its impact on agriculture, transportation, trade and business, and social and cultural patterns in urban and rural settings. (12) To interpret the effect of the era’s democratic ethos on the development of America’s distinctive political culture.", "id": "H24E776B76A1D444A9955F7040025D512", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nFor the purposes of this Act: (1) Management entity \nThe term management entity means Territorial Kansas Heritage Alliance, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a local coordinating entity under this Act. (2) Heritage area \nThe term Heritage Area means the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area in eastern Kansas and western Missouri. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Unit of local government \nThe term unit of local government means the government of a State, a political subdivision of a State, or an Indian tribe.", "id": "H49D07071755C422CAA4889A82136F39E", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area \n(a) Establishment \nThere is established in the State of Kansas the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area. (b) Boundaries \nThe Heritage Area shall include the following: (1) An area located in eastern Kansas and western Missouri, consisting currently of Allen, Anderson, Bourbon, Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte Counties in Kansas and tentatively including additional counties in Kansas and western Missouri to be included in the development of the management plan. (2) Contributing sites, buildings, and districts within the area will be recommended by the management plan. (c) Map \nFinal boundary will be defined during the management plan development. A map of the Heritage Area shall be included in the management plan. The map shall be on file in the appropriate offices of the National Park Service, Department of the Interior. (d) Management entity \nThe management entity for the Heritage Area shall be Territorial Kansas Heritage Alliance, a nonprofit organization established in the State of Kansas, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a local coordinating entity under this Act.", "id": "H432AC4F9D75C4E389EEB6B68842100AE", "header": "Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area", "nested": [ { "text": "(a) Establishment \nThere is established in the State of Kansas the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area.", "id": "H4F11628BE3A94521B3E00034CA1C0808", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Boundaries \nThe Heritage Area shall include the following: (1) An area located in eastern Kansas and western Missouri, consisting currently of Allen, Anderson, Bourbon, Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte Counties in Kansas and tentatively including additional counties in Kansas and western Missouri to be included in the development of the management plan. (2) Contributing sites, buildings, and districts within the area will be recommended by the management plan.", "id": "HEA74390396E843BBB7E049AC33B8AF00", "header": "Boundaries", "nested": [], "links": [] }, { "text": "(c) Map \nFinal boundary will be defined during the management plan development. A map of the Heritage Area shall be included in the management plan. The map shall be on file in the appropriate offices of the National Park Service, Department of the Interior.", "id": "H33B89C1C7B124842A769B8447326CFCE", "header": "Map", "nested": [], "links": [] }, { "text": "(d) Management entity \nThe management entity for the Heritage Area shall be Territorial Kansas Heritage Alliance, a nonprofit organization established in the State of Kansas, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a local coordinating entity under this Act.", "id": "HBEF0F3E7D8E6460ABB626D7535D6FBDB", "header": "Management entity", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Authorities, duties, and prohibitions of the management entity \n(a) Authorities \nThe management entity may, for purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) prepare a management plan for the Heritage Area; (2) prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (3) pay for operational expenses of the management entity incurred within the first 10 fiscal years beginning after the date of the enactment of this Act designating the Heritage Area; (4) make grants or loans to entities defined in the management plan; (5) enter into cooperative agreements with the State of Kansas, its political subdivisions, nonprofit organizations, and other organizations; (6) hire and compensate staff; (7) obtain money from any source under any program or law to be used for a regrant program requiring the recipient of such money to make a contribution in order to receive it; (8) contract for goods and services; and (9) offer a competitive grants program to contributing partners requiring a dollar-for-dollar match of Federal funds. (b) Duties of the management entity \nIn addition to developing the management plan, the management entity shall— (1) give priority to the implementation of actions, goals, strategies, and standards set forth in the management plan, including assisting units of government and other persons in— (A) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (B) establishing interpretive exhibits in the Heritage Area; (C) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area; (D) supporting the restoration of historic buildings that are— (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; (E) the conservation of contributing landscapes and natural resources; and (F) the installation throughout the Heritage Area of signs identifying public access points and sites of interest; (2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area; (3) conduct public meetings in conjunction with training and skill building workshops regarding the development and implementation of the management plan; and (4) for any fiscal year for which Federal funds are received under this Act— (A) submit to the Secretary a report that describes, for the year— (i) accomplishments of the management entity; (ii) expenses and income of the management entity; (iii) each entity to which a grant was made; and (iv) an accounting of matching funds obtained to meet grant guidelines; (B) conduct an annual audit with a neutral auditing firm and make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and (C) require, for all agreements authorizing expenditure of Federal funds by any entity, that the receiving entity make available for audit all records pertaining to the expenditure of their funds. (c) Prohibition of acquisition of real property \nThe management entity shall not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Other sources \nNothing in this Act precludes the management entity from using Federal funds from other sources for authorized purposes.", "id": "HEEF631CC0B87449BA8BCF925578AFBF", "header": "Authorities, duties, and prohibitions of the management entity", "nested": [ { "text": "(a) Authorities \nThe management entity may, for purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) prepare a management plan for the Heritage Area; (2) prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (3) pay for operational expenses of the management entity incurred within the first 10 fiscal years beginning after the date of the enactment of this Act designating the Heritage Area; (4) make grants or loans to entities defined in the management plan; (5) enter into cooperative agreements with the State of Kansas, its political subdivisions, nonprofit organizations, and other organizations; (6) hire and compensate staff; (7) obtain money from any source under any program or law to be used for a regrant program requiring the recipient of such money to make a contribution in order to receive it; (8) contract for goods and services; and (9) offer a competitive grants program to contributing partners requiring a dollar-for-dollar match of Federal funds.", "id": "HC9ADB0086E124DC0879FAF00D6678D99", "header": "Authorities", "nested": [], "links": [] }, { "text": "(b) Duties of the management entity \nIn addition to developing the management plan, the management entity shall— (1) give priority to the implementation of actions, goals, strategies, and standards set forth in the management plan, including assisting units of government and other persons in— (A) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (B) establishing interpretive exhibits in the Heritage Area; (C) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area; (D) supporting the restoration of historic buildings that are— (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; (E) the conservation of contributing landscapes and natural resources; and (F) the installation throughout the Heritage Area of signs identifying public access points and sites of interest; (2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area; (3) conduct public meetings in conjunction with training and skill building workshops regarding the development and implementation of the management plan; and (4) for any fiscal year for which Federal funds are received under this Act— (A) submit to the Secretary a report that describes, for the year— (i) accomplishments of the management entity; (ii) expenses and income of the management entity; (iii) each entity to which a grant was made; and (iv) an accounting of matching funds obtained to meet grant guidelines; (B) conduct an annual audit with a neutral auditing firm and make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and (C) require, for all agreements authorizing expenditure of Federal funds by any entity, that the receiving entity make available for audit all records pertaining to the expenditure of their funds.", "id": "HC5D0FF936D354E31BA074EBC82A3D57E", "header": "Duties of the management entity", "nested": [], "links": [] }, { "text": "(c) Prohibition of acquisition of real property \nThe management entity shall not use Federal funds received under this Act to acquire real property or an interest in real property.", "id": "HB9125C8FDF524611941DEE00038D7BD5", "header": "Prohibition of acquisition of real property", "nested": [], "links": [] }, { "text": "(d) Other sources \nNothing in this Act precludes the management entity from using Federal funds from other sources for authorized purposes.", "id": "H26B1252E596740908349C15F9ED34EE7", "header": "Other sources", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Management plan \n(a) Requirements \nThe management entity shall: (1) Management plan \nNot later than 3 years after the date funds are made available for this purpose, prepare and submit a management plan reviewed by participating units of local government within the boundaries of the proposed Heritage Area. (2) Collaboration \nCollaborate with and consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the geographic area of the Heritage Area in developing and implementing such a management plan. (3) Public involvement \nEnsure regular public involvement, including public meetings at least annually, regarding the implementation of the management plan. (b) Contents of management plan \nThe management plan prepared for the Heritage Area shall— (1) present a comprehensive program for the conservation, interpretation, funding, management, and development of the Heritage Area, in a manner consistent with the existing local, State, and Federal land use laws and compatible economic viability of the Heritage Area; (2) establish criteria or standards to measure what is selected for conservation, interpretation, funding, management, and development; (3) involve residents, public agencies, and private organizations working in the Heritage Area; (4) specify and coordinate, as of the date of the management plan, existing and potential sources of technical and financial assistance under this and other Federal laws to protect, manage, and develop the Heritage Area; and (5) include— (A) actions to be undertaken by units of government and private organizations to protect, conserve, and interpret the resources of the Heritage Area; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that meets the establishing criteria (such as, but not exclusive to, visitor readiness) to merit preservation, restoration, management, development, or maintenance because of its natural, cultural, historical, or recreational significance; (C) policies for resource management including the development of intergovernmental cooperative agreements, private sector agreements, or any combination thereof, to protect the historical, cultural, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan by the designated management entity, in cooperation with its partners and units of local government; (E) evidence that relevant State, county, and local plans applicable to the Heritage Area have been taken into consideration; (F) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act; and (G) a business plan that— (i) describes in detail the role, operation, financing, and functions of the management entity for each activity included in the recommendations contained in the management plan; and (ii) provides, to the satisfaction of the Secretary, adequate assurances that the management entity is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants awarded under this Act. (c) Public notice \nThe management entity shall place a notice of each of its public meetings in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. (d) Disqualification from funding \nIf a proposed management plan is not submitted to the Secretary within 4 years of the date of the enactment of this Act, the management entity shall be ineligible to receive additional funding under this title until the date on which the Secretary receives the proposed management plan. (e) Approval and disapproval of management plan \nThe Secretary shall approve or disapprove the proposed management plan submitted under this title not later than 90 days after receiving such proposed management plan. (f) Action following disapproval \nIf the Secretary disapproves a proposed management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (g) Approval of amendments \nThe Secretary shall review and approve substantial amendments to the management plan. Funds appropriated under this title may not be expended to implement any changes made by such amendment until the Secretary approves the amendment.", "id": "HFAB2399CB1C64E0CA9D0BACAA1A09600", "header": "Management plan", "nested": [ { "text": "(a) Requirements \nThe management entity shall: (1) Management plan \nNot later than 3 years after the date funds are made available for this purpose, prepare and submit a management plan reviewed by participating units of local government within the boundaries of the proposed Heritage Area. (2) Collaboration \nCollaborate with and consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the geographic area of the Heritage Area in developing and implementing such a management plan. (3) Public involvement \nEnsure regular public involvement, including public meetings at least annually, regarding the implementation of the management plan.", "id": "HB1203529074147EEA502914E2013D4F4", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Contents of management plan \nThe management plan prepared for the Heritage Area shall— (1) present a comprehensive program for the conservation, interpretation, funding, management, and development of the Heritage Area, in a manner consistent with the existing local, State, and Federal land use laws and compatible economic viability of the Heritage Area; (2) establish criteria or standards to measure what is selected for conservation, interpretation, funding, management, and development; (3) involve residents, public agencies, and private organizations working in the Heritage Area; (4) specify and coordinate, as of the date of the management plan, existing and potential sources of technical and financial assistance under this and other Federal laws to protect, manage, and develop the Heritage Area; and (5) include— (A) actions to be undertaken by units of government and private organizations to protect, conserve, and interpret the resources of the Heritage Area; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that meets the establishing criteria (such as, but not exclusive to, visitor readiness) to merit preservation, restoration, management, development, or maintenance because of its natural, cultural, historical, or recreational significance; (C) policies for resource management including the development of intergovernmental cooperative agreements, private sector agreements, or any combination thereof, to protect the historical, cultural, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan by the designated management entity, in cooperation with its partners and units of local government; (E) evidence that relevant State, county, and local plans applicable to the Heritage Area have been taken into consideration; (F) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act; and (G) a business plan that— (i) describes in detail the role, operation, financing, and functions of the management entity for each activity included in the recommendations contained in the management plan; and (ii) provides, to the satisfaction of the Secretary, adequate assurances that the management entity is likely to have the financial resources necessary to implement the management plan for the Heritage Area, including resources to meet matching requirement for grants awarded under this Act.", "id": "H3F9802BB2EE443A0872605DAF21CDA6E", "header": "Contents of management plan", "nested": [], "links": [] }, { "text": "(c) Public notice \nThe management entity shall place a notice of each of its public meetings in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public.", "id": "H09A759C0A71C4212A9ED47FCF0F536B0", "header": "Public notice", "nested": [], "links": [] }, { "text": "(d) Disqualification from funding \nIf a proposed management plan is not submitted to the Secretary within 4 years of the date of the enactment of this Act, the management entity shall be ineligible to receive additional funding under this title until the date on which the Secretary receives the proposed management plan.", "id": "H8ECA39AA2BDB4CC5947593918EC3B276", "header": "Disqualification from funding", "nested": [], "links": [] }, { "text": "(e) Approval and disapproval of management plan \nThe Secretary shall approve or disapprove the proposed management plan submitted under this title not later than 90 days after receiving such proposed management plan.", "id": "H8B96BDAA700A4875939100546752B75D", "header": "Approval and disapproval of management plan", "nested": [], "links": [] }, { "text": "(f) Action following disapproval \nIf the Secretary disapproves a proposed management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted.", "id": "H55738CCC0B364DAC00BBF3C884B04584", "header": "Action following disapproval", "nested": [], "links": [] }, { "text": "(g) Approval of amendments \nThe Secretary shall review and approve substantial amendments to the management plan. Funds appropriated under this title may not be expended to implement any changes made by such amendment until the Secretary approves the amendment.", "id": "H26F6E708E15A485ABE5249481E7EB2B", "header": "Approval of amendments", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Technical and financial assistance; other Federal agencies \n(a) Technical and financial assistance \n(1) In general \nOn the request of the management entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historic, and natural resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (3) Spending for non-Federal property \nThe management entity may expend Federal funds made available under this Act on non-Federal property that— (A) meets the criteria in the approved management plan; or (B) is listed or eligible for listing on the National Register of Historic Places. (4) Other assistance \nThe Secretary may enter into cooperative agreements with public and private organizations to carry out this subsection. (b) Other Federal agencies \nAny Federal entity conducting or supporting an activity that directly affects the Heritage Area shall— (1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan; (2) consult with the management entity regarding the activity; and (3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area. (c) Other assistance not affected \nThis Act does not affect the authority of any Federal official to provide technical or financial assistance under any other law. (d) Notification of other Federal activities \nThe head of each Federal agency shall provide to the Secretary and the management entity, to the extent practicable, advance notice of all activities that may have an impact on the Heritage Area.", "id": "HDDBF4BB64BDF4A3AA7218E6195253302", "header": "Technical and financial assistance; other Federal agencies", "nested": [ { "text": "(a) Technical and financial assistance \n(1) In general \nOn the request of the management entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historic, and natural resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (3) Spending for non-Federal property \nThe management entity may expend Federal funds made available under this Act on non-Federal property that— (A) meets the criteria in the approved management plan; or (B) is listed or eligible for listing on the National Register of Historic Places. (4) Other assistance \nThe Secretary may enter into cooperative agreements with public and private organizations to carry out this subsection.", "id": "H27C79111A9A44768850804A661E62EFB", "header": "Technical and financial assistance", "nested": [], "links": [] }, { "text": "(b) Other Federal agencies \nAny Federal entity conducting or supporting an activity that directly affects the Heritage Area shall— (1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan; (2) consult with the management entity regarding the activity; and (3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area.", "id": "HE1301196696D4E01A1B2BFC5D226F07F", "header": "Other Federal agencies", "nested": [], "links": [] }, { "text": "(c) Other assistance not affected \nThis Act does not affect the authority of any Federal official to provide technical or financial assistance under any other law.", "id": "H197AEBE82665419F00ADB336138780DC", "header": "Other assistance not affected", "nested": [], "links": [] }, { "text": "(d) Notification of other Federal activities \nThe head of each Federal agency shall provide to the Secretary and the management entity, to the extent practicable, advance notice of all activities that may have an impact on the Heritage Area.", "id": "HE1147F0B007C4EE583ED5B1C9381C85", "header": "Notification of other Federal activities", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Private property protection \n(a) Access to private property \nNothing in this Act shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this Act shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands. (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 such private property. (c) Recognition of authority to control land use \nNothing in this Act shall be construed to modify any authority of Federal, State, or local governments to regulate land use. (d) Participation of private property owners in heritage areas \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. (e) Land use regulation \n(1) In general \nThe management entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area. (2) Effect \nNothing in this Act— (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the management entity. (f) Private property \n(1) In general \nThe management entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) Effect \nNothing in this Act— (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner.", "id": "H1F06AA6B9FE6498788F187BFA32C3EAF", "header": "Private property protection", "nested": [ { "text": "(a) Access to private property \nNothing in this Act shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this Act shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands.", "id": "HA0C8A657C0F94B4DB3B1D25B4CFC5EFE", "header": "Access to private property", "nested": [], "links": [] }, { "text": "(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 such private property.", "id": "H8F756849B41D44F0A0F751E7F61929F0", "header": "Liability", "nested": [], "links": [] }, { "text": "(c) Recognition of authority to control land use \nNothing in this Act shall be construed to modify any authority of Federal, State, or local governments to regulate land use.", "id": "H2BE10A6EB97640FC928EF12246012E33", "header": "Recognition of authority to control land use", "nested": [], "links": [] }, { "text": "(d) Participation of private property owners in heritage areas \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": "H0BBD22EA0FBB4386B69EEAAFD306493C", "header": "Participation of private property owners in heritage areas", "nested": [], "links": [] }, { "text": "(e) Land use regulation \n(1) In general \nThe management entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area. (2) Effect \nNothing in this Act— (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the management entity.", "id": "H0087F1EA63B4483BB92D6C10A6BD7C20", "header": "Land use regulation", "nested": [], "links": [] }, { "text": "(f) Private property \n(1) In general \nThe management entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) Effect \nNothing in this Act— (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner.", "id": "H29C335B6961347F8B0905F5700AB00E2", "header": "Private property", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Requirements for inclusion of private property \n(a) Notification and consent of property owners required \nNo privately owned property shall be governed 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 for such inclusion to the management entity. (b) Landowner withdraw \nAny owner of private property included within the boundary of the Heritage Area, and not notified under subsection (a), shall have their property immediately removed from the boundary by submitting a written request to the management entity.", "id": "HDC89A438F3A24C498719D630D3D08EF3", "header": "Requirements for inclusion of private property", "nested": [ { "text": "(a) Notification and consent of property owners required \nNo privately owned property shall be governed 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 for such inclusion to the management entity.", "id": "HACC8AAA45CFE4457B252A38E84997D4F", "header": "Notification and consent of property owners required", "nested": [], "links": [] }, { "text": "(b) Landowner withdraw \nAny owner of private property included within the boundary of the Heritage Area, and not notified under subsection (a), shall have their property immediately removed from the boundary by submitting a written request to the management entity.", "id": "H1B6B8A7E0A224F67925060E816395B97", "header": "Landowner withdraw", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Savings provisions \n(a) Rules, regulations, standards, and permit processes \nNothing in this Act shall be construed to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process in the Heritage Area that is different from those that would be applicable if the Heritage Area had not been established. (b) Water and water rights \nNothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights. (c) No diminishment of state authority \nNothing in this Act shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area. (d) Existing national heritage areas \nNothing in this Act shall affect any national heritage area so designated before the date of the enactment of this Act.", "id": "HC884EAF6B2CF43DDB1CBD364B881882F", "header": "Savings provisions", "nested": [ { "text": "(a) Rules, regulations, standards, and permit processes \nNothing in this Act shall be construed to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process in the Heritage Area that is different from those that would be applicable if the Heritage Area had not been established.", "id": "HFE1196B2B51A4400A62F80231344A730", "header": "Rules, regulations, standards, and permit processes", "nested": [], "links": [] }, { "text": "(b) Water and water rights \nNothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights.", "id": "HF874C70BE52C4888B16D70E855A9F46", "header": "Water and water rights", "nested": [], "links": [] }, { "text": "(c) No diminishment of state authority \nNothing in this Act shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area.", "id": "HA654C16184874E7FA96900D108104E40", "header": "No diminishment of state authority", "nested": [], "links": [] }, { "text": "(d) Existing national heritage areas \nNothing in this Act shall affect any national heritage area so designated before the date of the enactment of this Act.", "id": "HEED54B55D8CB4D0A802B25ECFAA5904", "header": "Existing national heritage areas", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Authorization of Appropriations \n(a) In general \nThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-sharing requirement \nThe Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.", "id": "H189E9A380A4648B1AE1C38A16D6CE962", "header": "Authorization of Appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year.", "id": "H0A28F10377724478B0E71BEA818B1D9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Cost-sharing requirement \nThe Federal share of the total cost of any activity assisted under this Act shall be not more than 50 percent.", "id": "HDCA79218B10345828592DDCB05BE39C4", "header": "Cost-sharing requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Termination of authority \nThe authority of the Secretary to provide assistance under this Act terminates on the date that is 10 years after the date of the enactment of this Act.", "id": "H28A1FC27EAA94795A61548743F455C00", "header": "Termination of authority", "nested": [], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Certain modifications permitted to qualified mortgages held by a REMIC or a grantor trust \n(a) Qualified mortgages held by a REMIC \n(1) In general \nParagraph (3) of section 860G(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Qualified modifications \n(i) In general \nAn obligation shall not fail to be treated as a qualified mortgage solely because of a qualified modification of such obligation. (ii) Qualified modification \nFor purposes of this section, the term qualified modification means, with respect to any obligation, any amendment, waiver, or other modification which is treated as a disposition of such obligation under section 1001 if such amendment, waiver or other modification does not— (I) extend the final maturity date of the obligation, (II) increase the outstanding principal balance under the obligation (other than the capitalization of accrued, unpaid interest), (III) result in a release of an interest in real property securing the obligation such that the obligation is not principally secured by an interest in real property (determined after giving effect to the release), or (IV) result in an instrument or property right which is not debt for Federal income tax purposes. (iii) Defaults \nUnder regulations prescribed by the Secretary, any amendment, waiver, or other modification of an obligation which is in default or with respect to which default is reasonably foreseeable may be treated as a qualified modification for purposes of this section. (iv) Defeasance with government securities \nThe requirements of clause (ii)(III) shall be treated as satisfied if, after the release described in such clause, the obligation is principally secured by Government securities and the amendment, waiver, or other modification to such obligation satisfies such requirements as the Secretary may prescribe.. (2) Exception from prohibited transaction rules \nSubparagraph (A) of section 860F(a)(2) of such Code is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) a qualified modification (as defined in section 860G(a)(3)(C)).. (3) Conforming amendments \n(A) Section 860G(a)(3) of such Code is amended— (i) by redesignating clauses (i) and (ii) of subparagraph (A) as subclauses (I) and (II), respectively, (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, (iii) by striking The term and inserting the following: (A) In general \nThe term , and (iv) by striking For purposes of subparagraph (A) and inserting the following: (B) Tenant-stockholders of cooperative housing corporations \nFor purposes of subparagraph (A)(i). (B) Section 860G(a)(3)(A)(iv) of such Code (as redesignated by subparagraph (A)) is amended— (i) by striking clauses (i) and (ii) of subparagraph (A) and inserting subclauses (I) and (II) of clause (i) , and (ii) by striking subparagraph (A) (without regard to such clauses) and inserting clause (i) (without regard to such subclauses). (b) Qualified mortgages held by a grantor trust \nSection 672 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Special rule for certain investment trusts \nA grantor shall not fail to be treated as the owner of any portion of a trust under this subpart solely because such portion includes one or more obligations with respect to which a qualified modification (within the meaning of section 860G(a)(3)(C)) has been, or may be, made under the terms of such trust.. (c) Effective Date \nThe amendments made by this section shall apply to amendments, waivers, and other modifications made after the date of the enactment of this Act.", "id": "H07DC3FBDA7F447F4B380D0EB2426A05B", "header": "Certain modifications permitted to qualified mortgages held by a REMIC or a grantor trust", "nested": [ { "text": "(a) Qualified mortgages held by a REMIC \n(1) In general \nParagraph (3) of section 860G(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Qualified modifications \n(i) In general \nAn obligation shall not fail to be treated as a qualified mortgage solely because of a qualified modification of such obligation. (ii) Qualified modification \nFor purposes of this section, the term qualified modification means, with respect to any obligation, any amendment, waiver, or other modification which is treated as a disposition of such obligation under section 1001 if such amendment, waiver or other modification does not— (I) extend the final maturity date of the obligation, (II) increase the outstanding principal balance under the obligation (other than the capitalization of accrued, unpaid interest), (III) result in a release of an interest in real property securing the obligation such that the obligation is not principally secured by an interest in real property (determined after giving effect to the release), or (IV) result in an instrument or property right which is not debt for Federal income tax purposes. (iii) Defaults \nUnder regulations prescribed by the Secretary, any amendment, waiver, or other modification of an obligation which is in default or with respect to which default is reasonably foreseeable may be treated as a qualified modification for purposes of this section. (iv) Defeasance with government securities \nThe requirements of clause (ii)(III) shall be treated as satisfied if, after the release described in such clause, the obligation is principally secured by Government securities and the amendment, waiver, or other modification to such obligation satisfies such requirements as the Secretary may prescribe.. (2) Exception from prohibited transaction rules \nSubparagraph (A) of section 860F(a)(2) of such Code is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) a qualified modification (as defined in section 860G(a)(3)(C)).. (3) Conforming amendments \n(A) Section 860G(a)(3) of such Code is amended— (i) by redesignating clauses (i) and (ii) of subparagraph (A) as subclauses (I) and (II), respectively, (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, (iii) by striking The term and inserting the following: (A) In general \nThe term , and (iv) by striking For purposes of subparagraph (A) and inserting the following: (B) Tenant-stockholders of cooperative housing corporations \nFor purposes of subparagraph (A)(i). (B) Section 860G(a)(3)(A)(iv) of such Code (as redesignated by subparagraph (A)) is amended— (i) by striking clauses (i) and (ii) of subparagraph (A) and inserting subclauses (I) and (II) of clause (i) , and (ii) by striking subparagraph (A) (without regard to such clauses) and inserting clause (i) (without regard to such subclauses).", "id": "HAC3D5E966BCE4800A19E470086B4F3C7", "header": "Qualified mortgages held by a REMIC", "nested": [], "links": [ { "text": "section 860G(a)", "legal-doc": "usc", "parsable-cite": "usc/26/860G" } ] }, { "text": "(b) Qualified mortgages held by a grantor trust \nSection 672 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Special rule for certain investment trusts \nA grantor shall not fail to be treated as the owner of any portion of a trust under this subpart solely because such portion includes one or more obligations with respect to which a qualified modification (within the meaning of section 860G(a)(3)(C)) has been, or may be, made under the terms of such trust..", "id": "H95F918BA3E644F04A6E9A158002D8751", "header": "Qualified mortgages held by a grantor trust", "nested": [], "links": [ { "text": "Section 672", "legal-doc": "usc", "parsable-cite": "usc/26/672" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply to amendments, waivers, and other modifications made after the date of the enactment of this Act.", "id": "H8BEA1C1870C2490DB64DE058D20524F9", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "section 860G(a)", "legal-doc": "usc", "parsable-cite": "usc/26/860G" }, { "text": "Section 672", "legal-doc": "usc", "parsable-cite": "usc/26/672" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H1125B55BC4564E5AB0ED1779D600BAC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) MANPADS constitute a threat to military and civilian aircraft. (2) The threat posed by MANPADS requires the development of both short-term and long-term plans. (3) The threat posed by MANPADS requires an international as well as domestic response. (4) There should be an international effort to address the issues of MANPADS proliferation and defense. (5) The Government is pursuing and should continue to pursue diplomatic efforts to prevent the proliferation of MANPADS.", "id": "H99F64F07F4DD4644B5F5CB69876F404F", "header": "Findings", "nested": [], "links": [] }, { "text": "3. International cooperative efforts \n(a) To limit availability and transfer of MANPADS \nThe President is encouraged to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADS worldwide. (b) To achieve destruction of MANPADS \nThe President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADS worldwide. (c) Reporting and briefing requirements \nNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under subsections (a) and (b). Annually thereafter until completion of such diplomatic efforts, the Secretary of State shall brief the appropriate congressional committees on the status of such diplomatic efforts.", "id": "H3704ED4EE4304C6CA2F6434F15540022", "header": "International cooperative efforts", "nested": [ { "text": "(a) To limit availability and transfer of MANPADS \nThe President is encouraged to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADS worldwide.", "id": "HE8A0118581E14CE68E247BD061632892", "header": "To limit availability and transfer of MANPADS", "nested": [], "links": [] }, { "text": "(b) To achieve destruction of MANPADS \nThe President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADS worldwide.", "id": "HBC7F769A38FF418F9E4790186DA39E59", "header": "To achieve destruction of MANPADS", "nested": [], "links": [] }, { "text": "(c) Reporting and briefing requirements \nNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under subsections (a) and (b). Annually thereafter until completion of such diplomatic efforts, the Secretary of State shall brief the appropriate congressional committees on the status of such diplomatic efforts.", "id": "H6E94CE0D1A8F422583A693AD209B567B", "header": "Reporting and briefing requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "4. FAA airworthiness certification of missile defense systems for commercial aircraft \n(a) In general \nNot later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft. (b) Certification acceptance \nUnder the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and does not pose a danger when used to defend commercial aircraft against MANPADS. (c) Expeditious certification \nUnder the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft. (d) Reports \nNot later than 180 days after the initiation of certification procedures for missile defense systems for commercial aircraft, and every 6 months thereafter until complete, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of the status of airworthiness and safety certification.", "id": "HBE89E35AEF554D4C99EFF0AB19712861", "header": "FAA airworthiness certification of missile defense systems for commercial aircraft", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft.", "id": "HAD631C76A6104B1A9091FED1F4220070", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification acceptance \nUnder the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and does not pose a danger when used to defend commercial aircraft against MANPADS.", "id": "H0E167B2D797F4A9ABCCB8B386500BDAA", "header": "Certification acceptance", "nested": [], "links": [] }, { "text": "(c) Expeditious certification \nUnder the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft.", "id": "H12AD3CF215524E06A02DDDB9E6703F9", "header": "Expeditious certification", "nested": [], "links": [] }, { "text": "(d) Reports \nNot later than 180 days after the initiation of certification procedures for missile defense systems for commercial aircraft, and every 6 months thereafter until complete, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of the status of airworthiness and safety certification.", "id": "H0144E4CE0D6947B1854FD8348BCF19C4", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Programs to reduce MANPADS \n(a) In general \nThe President is encouraged to pursue strong programs to reduce the number of MANPADS worldwide so that fewer MANPADS will be available for trade, proliferation, and sale. (b) Reporting and briefing requirements \nNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs. (c) Funding \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H39AEB30C3AB4436FB0A6AF1819E262AF", "header": "Programs to reduce MANPADS", "nested": [ { "text": "(a) In general \nThe President is encouraged to pursue strong programs to reduce the number of MANPADS worldwide so that fewer MANPADS will be available for trade, proliferation, and sale.", "id": "H8DCF76088BC5464EBDD480046936F6A4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reporting and briefing requirements \nNot later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs.", "id": "HAA3B51033320414BB04F5900493F1451", "header": "Reporting and briefing requirements", "nested": [], "links": [] }, { "text": "(c) Funding \nThere is authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "HF45B40D0D2CB4AE6B44F3B21E18DE686", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "6. MANPADS Vulnerability Assessments Report \n(a) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADS attacks. (b) Matters to be addressed \nThe Secretary’s report shall address, at a minimum, the following: (1) The status of the Department’s efforts to conduct MANPADS vulnerability assessments at United States airports at which the Department is conducting assessments. (2) How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. (3) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of MANPADS attack on aircraft at or near United States airports. (4) The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft. (5) Any other issues that the Secretary deems relevant. (c) Format \nThe report required by this section may be submitted in a classified format.", "id": "HA3635F9FB6C54A39939CBD47D4B499D7", "header": "MANPADS Vulnerability Assessments Report", "nested": [ { "text": "(a) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADS attacks.", "id": "H3229BA68ED494505A200D324EA1D616B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters to be addressed \nThe Secretary’s report shall address, at a minimum, the following: (1) The status of the Department’s efforts to conduct MANPADS vulnerability assessments at United States airports at which the Department is conducting assessments. (2) How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. (3) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of MANPADS attack on aircraft at or near United States airports. (4) The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft. (5) Any other issues that the Secretary deems relevant.", "id": "H3CAE2B7F035745B282719784A658DA40", "header": "Matters to be addressed", "nested": [], "links": [] }, { "text": "(c) Format \nThe report required by this section may be submitted in a classified format.", "id": "HCD2C06EE3F164B9D8143D135ABD956A1", "header": "Format", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Definitions \nIn this Act, the following definitions apply: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on International Relations, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate. (2) MANPADS \nThe term MANPADS means man-portable air defense systems, which are shoulder-fired, surface-to-air missile systems that can be carried and transported by a person.", "id": "H1B31EC5731DA4F5B9CCA57E6327D7E12", "header": "Definitions", "nested": [], "links": [] } ]

[ "Commerce, Science, and Transportation Committee", "Foreign Affairs Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Alcohol Without Liquid Machine Safety Act of 2004.", "id": "H3462B5C3219145BDAE699E816FFDA706", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Alcohol without liquid machines \n(a) Prohibition \nIt shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any alcohol without liquid machine, unless an approval of an application submitted pursuant to subsection (b) is in effect with respect to such machine. (b) Application \nAny person may file with the Commissioner an application for premarket approval of an alcohol without liquid machine. Such an application shall be submitted in such manner, and containing such information, as the Commissioner may require. (c) Approval \nUpon receipt of an application submitted pursuant to subsection (b), the Commissioner shall— (1) issue an order approving the application if the person submitting the application demonstrates to the Commissioner’s satisfaction that the alcohol without liquid machine is safe; or (2) deny approval of the application if the person submitting the application fails to demonstrate to the Commissioner’s satisfaction that the alcohol without liquid machine is safe. (d) Withdrawal of approval \nThe Secretary may issue an order withdrawing approval of an application submitted pursuant to subsection (b) if the Secretary finds that the alcohol without liquid machine is unsafe. (e) Penalty \nThe provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) shall apply to a violation of subsection (a) in the same manner and to the same extent as such provisions apply to a violation of section 515 of such Act ( 21 U.S.C. 360e ; regarding premarket approval of class III devices). (f) Definitions \nFor purposes of this Act: (1) The term alcohol without liquid machine means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes. (2) The term Commissioner means the Commissioner of Food and Drugs.", "id": "H4930F6E31CA44EFAB44CF83FC08C5D4", "header": "Alcohol without liquid machines", "nested": [ { "text": "(a) Prohibition \nIt shall be unlawful for any person to introduce or deliver for introduction into interstate commerce any alcohol without liquid machine, unless an approval of an application submitted pursuant to subsection (b) is in effect with respect to such machine.", "id": "HA9C325346D1E4A4900A13BE4E8B5BD7F", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Application \nAny person may file with the Commissioner an application for premarket approval of an alcohol without liquid machine. Such an application shall be submitted in such manner, and containing such information, as the Commissioner may require.", "id": "HF8ED1ACDBD4A42DE9566A1FAEA62BE7B", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Approval \nUpon receipt of an application submitted pursuant to subsection (b), the Commissioner shall— (1) issue an order approving the application if the person submitting the application demonstrates to the Commissioner’s satisfaction that the alcohol without liquid machine is safe; or (2) deny approval of the application if the person submitting the application fails to demonstrate to the Commissioner’s satisfaction that the alcohol without liquid machine is safe.", "id": "H03BEF31C0E6945AB9B9D69AC4CEBC7CE", "header": "Approval", "nested": [], "links": [] }, { "text": "(d) Withdrawal of approval \nThe Secretary may issue an order withdrawing approval of an application submitted pursuant to subsection (b) if the Secretary finds that the alcohol without liquid machine is unsafe.", "id": "H8783945E3B7C4F3981EB36DC8CEB2D2", "header": "Withdrawal of approval", "nested": [], "links": [] }, { "text": "(e) Penalty \nThe provisions of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) shall apply to a violation of subsection (a) in the same manner and to the same extent as such provisions apply to a violation of section 515 of such Act ( 21 U.S.C. 360e ; regarding premarket approval of class III devices).", "id": "H5E4B96E3EFAD470D0032371C40B0E214", "header": "Penalty", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 360e", "legal-doc": "usc", "parsable-cite": "usc/21/360e" } ] }, { "text": "(f) Definitions \nFor purposes of this Act: (1) The term alcohol without liquid machine means a device designed or marketed for the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes. (2) The term Commissioner means the Commissioner of Food and Drugs.", "id": "H7F87E87091FF4C699D38D321905CB505", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "21 U.S.C. 360e", "legal-doc": "usc", "parsable-cite": "usc/21/360e" } ] } ]

[ "Energy and Commerce Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Iran Freedom Support Act.", "id": "HAAB38B3BEBDA41D6AB86A0153D1C418D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nSec. 1. Short title Sec. 2. Table of contents Title I—Codification of sanctions against Iran Sec. 101. Codification of sanctions Title II—Amendments to the Iran and Libya Sanctions Act of 1996 Sec. 201. Multilateral regime Sec. 202. Imposition of sanctions Sec. 203. Termination of sanctions Sec. 204. Sunset Sec. 205. Clarification and expansion of definitions Title III—Democracy in Iran Sec. 301. Declaration of Congress regarding United States policy toward Iran Sec. 302. Assistance to support democracy in Iran Sec. 303. Sense of Congress regarding designation of democratic opposition organizations", "id": "H32F1647D45634094A37418E3FBFE8184", "header": "Table of contents", "nested": [], "links": [] }, { "text": "101. Codification of sanctions \n(a) Codification of sanctions related to weapons of mass destruction \nUnited States sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran, as in effect on the date of enactment of this Act, shall remain in effect, until the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating the proliferation of such weapons. (b) No effect on other sanctions relating to support for acts of international terrorism \nNotwithstanding a certification by the President under subsection (a), United States sanctions, controls, and regulations relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1)(A) ), section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) relating to support for acts of international terrorism by the Government of Iran, as in effect on the date of the enactment of this Act, shall remain in effect.", "id": "H24D3CE0956884A128257A4BCE29317B3", "header": "Codification of sanctions", "nested": [ { "text": "(a) Codification of sanctions related to weapons of mass destruction \nUnited States sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran, as in effect on the date of enactment of this Act, shall remain in effect, until the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating the proliferation of such weapons.", "id": "H09CB8CF8F0724A9CA0693472F03B0019", "header": "Codification of sanctions related to weapons of mass destruction", "nested": [], "links": [] }, { "text": "(b) No effect on other sanctions relating to support for acts of international terrorism \nNotwithstanding a certification by the President under subsection (a), United States sanctions, controls, and regulations relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1)(A) ), section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ) relating to support for acts of international terrorism by the Government of Iran, as in effect on the date of the enactment of this Act, shall remain in effect.", "id": "H003966663A624D2D98C21038303F5CC1", "header": "No effect on other sanctions relating to support for acts of international terrorism", "nested": [], "links": [ { "text": "50 U.S.C. App. 2405(j)(1)(A)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] } ], "links": [ { "text": "50 U.S.C. App. 2405(j)(1)(A)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2780" } ] }, { "text": "201. Multilateral regime \n(a) Reports to Congress \nSection 4(b) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Reports to Congress \nNot later than six months after the date of the enactment of the Iran Freedom Support Act and every six months thereafter, the President shall submit to the appropriate congressional committees a report regarding specific diplomatic efforts undertaken pursuant to subsection (a), the results of those efforts, and a description of proposed diplomatic efforts pursuant to such subsection. Each report shall include— (1) a list of the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran; (2) a description of those measures, including— (A) government actions with respect to public or private entities (or their subsidiaries) located in their territories, that are engaged in Iran; (B) any decisions by the governments of these countries to rescind or continue the provision of credits, guarantees, or other governmental assistance to these entities; and (C) actions taken in international fora to further the objectives of section 3; (3) a list of the countries that have not agreed to undertake measures to further the objectives of section 3 with respect to Iran, and the reasons therefor; and (4) a description of any memorandums of understanding, political understandings, or international agreements to which the United States has acceded which affect implementation of this section or section 5(a).. (b) Waiver \nSection 4(c) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (c) Waiver \n(1) In general \nThe President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that— (A) such waiver is vital to the national security of the United States; and (B) the country of the national has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran. (2) Subsequent renewal of waiver \nIf the President determines that such is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for a subsequent period of not more than six months.. (c) Investigations \nSection 4 of such Act ( 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: (f) Investigations \n(1) In general \nUpon public or private disclosure of activity related to investment in Iran by a person as described in this Act, the President shall direct the Secretary of the Treasury to initiate an investigation into the possible imposition of sanctions against such person as a result of such activity, to notify such person of such investigation, and to provide a recommendation to the President for such purposes. (2) Determination and notification \nNot later than 90 days after the date of the disclosure of the activity described in paragraph (1), the President shall determine whether or not to impose sanctions against such person as a result of such activity and shall notify the appropriate congressional committees of the basis for such determination. (3) Publication \nNot later than 10 days after the President notifies the appropriate congressional committees under paragraph (2), the President shall ensure publication in the Federal Register of— (A) the identification of the persons against which the President has made a determination that the imposition of sanctions is appropriate, together with an explanation for such determination; and (B) the identification of the persons against which the President has made a determination that the imposition of sanctions is not appropriate, together with an explanation for such determination..", "id": "H9D3E8E6BB427433F9006596EFFA1A810", "header": "Multilateral regime", "nested": [ { "text": "(a) Reports to Congress \nSection 4(b) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Reports to Congress \nNot later than six months after the date of the enactment of the Iran Freedom Support Act and every six months thereafter, the President shall submit to the appropriate congressional committees a report regarding specific diplomatic efforts undertaken pursuant to subsection (a), the results of those efforts, and a description of proposed diplomatic efforts pursuant to such subsection. Each report shall include— (1) a list of the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran; (2) a description of those measures, including— (A) government actions with respect to public or private entities (or their subsidiaries) located in their territories, that are engaged in Iran; (B) any decisions by the governments of these countries to rescind or continue the provision of credits, guarantees, or other governmental assistance to these entities; and (C) actions taken in international fora to further the objectives of section 3; (3) a list of the countries that have not agreed to undertake measures to further the objectives of section 3 with respect to Iran, and the reasons therefor; and (4) a description of any memorandums of understanding, political understandings, or international agreements to which the United States has acceded which affect implementation of this section or section 5(a)..", "id": "H01952BA246FD482EBD16C8D64DE20BA", "header": "Reports to Congress", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Waiver \nSection 4(c) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (c) Waiver \n(1) In general \nThe President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that— (A) such waiver is vital to the national security of the United States; and (B) the country of the national has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran. (2) Subsequent renewal of waiver \nIf the President determines that such is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for a subsequent period of not more than six months..", "id": "H596D1555F4AC42869E3045E771BBA8E0", "header": "Waiver", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(c) Investigations \nSection 4 of such Act ( 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: (f) Investigations \n(1) In general \nUpon public or private disclosure of activity related to investment in Iran by a person as described in this Act, the President shall direct the Secretary of the Treasury to initiate an investigation into the possible imposition of sanctions against such person as a result of such activity, to notify such person of such investigation, and to provide a recommendation to the President for such purposes. (2) Determination and notification \nNot later than 90 days after the date of the disclosure of the activity described in paragraph (1), the President shall determine whether or not to impose sanctions against such person as a result of such activity and shall notify the appropriate congressional committees of the basis for such determination. (3) Publication \nNot later than 10 days after the President notifies the appropriate congressional committees under paragraph (2), the President shall ensure publication in the Federal Register of— (A) the identification of the persons against which the President has made a determination that the imposition of sanctions is appropriate, together with an explanation for such determination; and (B) the identification of the persons against which the President has made a determination that the imposition of sanctions is not appropriate, together with an explanation for such determination..", "id": "H8C1845E468474EB38411B1618793C096", "header": "Investigations", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] } ], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "202. Imposition of sanctions \n(a) Sanctions with respect to development of petroleum resources \nSection 5(a) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) in the heading, by striking to Iran and inserting to the development of petroleum resources of Iran ; (2) by striking (6) and inserting (5) ; and (3) by striking with actual knowledge,. (b) Sanctions with respect to development of weapons of mass destruction or other military capabilities \nSection 5(b) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilities \nNotwithstanding any other provision of law, the President shall impose two or more of the sanctions described in paragraphs (1) through (5) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items the provision of which has contributed to the ability of Iran to— (1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or (2) acquire or develop destabilizing numbers and types of advanced conventional weapons.. (c) Persons against which the sanctions are to be imposed \nSection 5(c)(2) of such Act ( 50 U.S.C. 1701 note) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) is a private or government lender, insurer, underwriter, re-insurer, or guarantor of the person referred to in paragraph (1) if that private or government lender, insurer, underwriter, re-insurer, or guarantor, with actual knowledge, engaged in the activities referred to in paragraph (1).. (d) Effective date \nSanctions imposed pursuant to the amendments made by this section shall apply with respect to investments made in Iran on or after the date of the enactment of this Act.", "id": "H4DBE4850FD164652BAF242F8C72932F5", "header": "Imposition of sanctions", "nested": [ { "text": "(a) Sanctions with respect to development of petroleum resources \nSection 5(a) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) in the heading, by striking to Iran and inserting to the development of petroleum resources of Iran ; (2) by striking (6) and inserting (5) ; and (3) by striking with actual knowledge,.", "id": "H68173ECAF9E14471895B91FB21750435", "header": "Sanctions with respect to development of petroleum resources", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Sanctions with respect to development of weapons of mass destruction or other military capabilities \nSection 5(b) of such Act ( 50 U.S.C. 1701 note) is amended to read as follows: (b) Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilities \nNotwithstanding any other provision of law, the President shall impose two or more of the sanctions described in paragraphs (1) through (5) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items the provision of which has contributed to the ability of Iran to— (1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or (2) acquire or develop destabilizing numbers and types of advanced conventional weapons..", "id": "H55AE149FE12B4A24B2BB4159ADFE222E", "header": "Sanctions with respect to development of weapons of mass destruction or other military capabilities", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(c) Persons against which the sanctions are to be imposed \nSection 5(c)(2) of such Act ( 50 U.S.C. 1701 note) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (D) is a private or government lender, insurer, underwriter, re-insurer, or guarantor of the person referred to in paragraph (1) if that private or government lender, insurer, underwriter, re-insurer, or guarantor, with actual knowledge, engaged in the activities referred to in paragraph (1)..", "id": "HB25259AFE7AC4F31B7A081EB186EF66", "header": "Persons against which the sanctions are to be imposed", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(d) Effective date \nSanctions imposed pursuant to the amendments made by this section shall apply with respect to investments made in Iran on or after the date of the enactment of this Act.", "id": "H05E400998E9F49CFB347A834F488AAFF", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "203. Termination of sanctions \n(a) Removal of Libya \nSection 8 of the Iran and Libya Sanctions Act 1996 ( 50 U.S.C. 1701 note) is amended— (1) in subsection (a), by striking the subsection designation and heading; and (2) by striking subsection (b). (b) No threat posed \nSuch section, as amended by subsection (a), is further amended— (1) in paragraph (1)(C), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) poses no threat to United States national security, interests, or allies..", "id": "H97E3FCCC75394E3599F92530588F5E9", "header": "Termination of sanctions", "nested": [ { "text": "(a) Removal of Libya \nSection 8 of the Iran and Libya Sanctions Act 1996 ( 50 U.S.C. 1701 note) is amended— (1) in subsection (a), by striking the subsection designation and heading; and (2) by striking subsection (b).", "id": "HAB650DD15D7A4D998F49CDA31864E36E", "header": "Removal of Libya", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) No threat posed \nSuch section, as amended by subsection (a), is further amended— (1) in paragraph (1)(C), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) poses no threat to United States national security, interests, or allies..", "id": "H27640EA34F734DD6BFBFDAC5CCCAB13E", "header": "No threat posed", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "204. Sunset \nSection 13 of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) in the section heading, by striking ; Sunset ; (2) in subsection (a), by striking the subsection designation and heading; and (3) by striking subsection (b).", "id": "H8923B2548AF1422B885EF1CA6789C3B4", "header": "Sunset", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "205. Clarification and expansion of definitions \n(a) Person \nSection 14(14)(B) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) by inserting after trust the following: , financial institution, insurer, underwriter, re-insurer, guarantor ; and (2) by striking operating as a business enterprise. (b) Petroleum resources \nSection 14(15) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended by inserting after petroleum the following: , petroleum by-products,.", "id": "HF8B9372F656F4400B4BCCB309DF7FC8", "header": "Clarification and expansion of definitions", "nested": [ { "text": "(a) Person \nSection 14(14)(B) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended— (1) by inserting after trust the following: , financial institution, insurer, underwriter, re-insurer, guarantor ; and (2) by striking operating as a business enterprise.", "id": "H0C23F8E9E1E64CB79035892BF8552212", "header": "Person", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Petroleum resources \nSection 14(15) of the Iran and Libya Sanctions Act of 1996 ( 50 U.S.C. 1701 note) is amended by inserting after petroleum the following: , petroleum by-products,.", "id": "H053B72DCA39C4C99B3C83E31DA784825", "header": "Petroleum resources", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] } ], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "301. Declaration of Congress regarding United States policy toward Iran \nCongress declares that it should be the policy of the United States to support independent human rights and pro-democracy forces in Iran.", "id": "H10D2ECA5717A415A93C9BAE78AF4CC6", "header": "Declaration of Congress regarding United States policy toward Iran", "nested": [], "links": [] }, { "text": "302. Assistance to support democracy in Iran \n(a) Authorization \nThe President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities that support democracy and the promotion of democracy in Iran and that are opposed to the non-democratic Government of Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran. (b) Eligibility for assistance \nFinancial and political assistance under this section may be provided to an individual, organization, or entity that— (1) officially opposes the use of terrorism; (2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; (4) is dedicated to respect for human rights, including the fundamental equality of women; (5) works to establish equality of opportunity for people; and (6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion. (c) Funding \nThe President may provide assistance under this section using— (1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the National Endowment for Democracy (NED); and (2) amounts made available pursuant to the authorization of appropriations under subsection (g). (d) Notification \nNot later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (e) Sense of Congress regarding coordination of policy and appointment \nIt is the sense of Congress that in order to ensure maximum coordination among Federal agencies, if the President provides the assistance under this section, the President should appoint an individual who shall— (1) serve as special assistant to the President on matters relating to Iran; and (2) coordinate among the appropriate directors of the National Security Council on issues regarding such matters. (f) Sense of Congress regarding diplomatic assistance \nIt is the sense of Congress that— (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) representatives of the Government of Iran should be denied access to all United States Government buildings; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation regarding such program— (A) between the Government of Iran and the Government of the Russian Federation; and (B) between the Government of Iran and individuals from China, Malaysia, and Pakistan, including the network of Dr. Abdul Qadeer (A. Q.) Khan; and (5) officials and representatives of the United States should— (A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and (B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Department of State such sums as may be necessary to carry out this section.", "id": "H55C206917E484152B95CCED600DE673E", "header": "Assistance to support democracy in Iran", "nested": [ { "text": "(a) Authorization \nThe President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities that support democracy and the promotion of democracy in Iran and that are opposed to the non-democratic Government of Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran.", "id": "HD477905F6BDC4601B54E14D566D6E36E", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Eligibility for assistance \nFinancial and political assistance under this section may be provided to an individual, organization, or entity that— (1) officially opposes the use of terrorism; (2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; (4) is dedicated to respect for human rights, including the fundamental equality of women; (5) works to establish equality of opportunity for people; and (6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.", "id": "HA5E5693C93284C0493C58564A7D1C9F4", "header": "Eligibility for assistance", "nested": [], "links": [] }, { "text": "(c) Funding \nThe President may provide assistance under this section using— (1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the National Endowment for Democracy (NED); and (2) amounts made available pursuant to the authorization of appropriations under subsection (g).", "id": "H9A2DBAD2D4004B38883DC7A0A6E6625C", "header": "Funding", "nested": [], "links": [] }, { "text": "(d) Notification \nNot later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.", "id": "H8FE4AAD9880548FEA75B3161CEB523E0", "header": "Notification", "nested": [], "links": [] }, { "text": "(e) Sense of Congress regarding coordination of policy and appointment \nIt is the sense of Congress that in order to ensure maximum coordination among Federal agencies, if the President provides the assistance under this section, the President should appoint an individual who shall— (1) serve as special assistant to the President on matters relating to Iran; and (2) coordinate among the appropriate directors of the National Security Council on issues regarding such matters.", "id": "HC8A9332AA122411896F251F2E1009786", "header": "Sense of Congress regarding coordination of policy and appointment", "nested": [], "links": [] }, { "text": "(f) Sense of Congress regarding diplomatic assistance \nIt is the sense of Congress that— (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) representatives of the Government of Iran should be denied access to all United States Government buildings; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation regarding such program— (A) between the Government of Iran and the Government of the Russian Federation; and (B) between the Government of Iran and individuals from China, Malaysia, and Pakistan, including the network of Dr. Abdul Qadeer (A. Q.) Khan; and (5) officials and representatives of the United States should— (A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and (B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press.", "id": "HBF0286345FDA4F0E9D11AE922D3C5EF3", "header": "Sense of Congress regarding diplomatic assistance", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated to the Department of State such sums as may be necessary to carry out this section.", "id": "H0A7C9AD4CA084D85AEE2A5C7360AE2C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "303. Sense of Congress regarding designation of democratic opposition organizations \n(a) Initial designation \nIt is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 302. (b) Notification requirement \nNot later than 15 days before designating a democratic opposition organization as eligible to receive assistance under section 302, the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of the proposed designation. If the President determines that such is appropriate, such notification may be in classified form.", "id": "H048B7CBD06F54669A5FB460232FB7C25", "header": "Sense of Congress regarding designation of democratic opposition organizations", "nested": [ { "text": "(a) Initial designation \nIt is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 302.", "id": "H878244C2CAEE4E6ABE73B4685B5D4DEB", "header": "Initial designation", "nested": [], "links": [] }, { "text": "(b) Notification requirement \nNot later than 15 days before designating a democratic opposition organization as eligible to receive assistance under section 302, the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of the proposed designation. If the President determines that such is appropriate, such notification may be in classified form.", "id": "H88359E1910134619B0B154008BCB00F7", "header": "Notification requirement", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Save Our Waters From Sewage Act of 2004.", "id": "H6DD71E9A1AEE4D8AB8076109676800B1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on sewage dumping \nIn administering the National Pollutant Discharge Elimination System permit program under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator of the Environmental Protection Agency shall not promulgate any regulations or issue any guidance documents that would authorize a publicly-owned treatment works to divert flows to bypass a portion of its treatment facility unless the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage.", "id": "HE8C79E3C93C74ABF83FBE9A7C8C004D", "header": "Prohibition on sewage dumping", "nested": [], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" } ] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H9BB57F6884884183853DAEE19CF249F4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) One of the legacies of the horrific attacks of September 11, 2001, is the greatly enhanced need for security of the homeland. Meeting this need has imposed serious stresses on government agencies at all levels and entities whose primary task is protection of the Nation’s key assets and the life, health, and property of its populace. (2) President Bush stated, in a February 2003 report titled The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets (in this section referred to as the Report ), that there is an increased need to assess the Nation’s vulnerabilities and to provide additional security for its key assets. Providing such security will require increased cooperation between Government and the private sector. (3) The Report also recognized that terrorists, in the pursuit of their long-term, strategic objectives, will likely continue to attack critical infrastructures and key assets, the vast majority of which are owned and operated by the private sector. (4) Because of enhanced security needs, the use of private security companies in guarding the Nation’s key assets and the life, health, and property of its populace has increased significantly since September 11, 2001, and will continue to do so. (5) Also because of the enhanced security needs, businesses generally have increased their security efforts and the number of internal employees dedicated to securing their facilities. (6) As reliance on private security companies to guard the Nation’s key assets and to protect the life, health, and property of its populace continues to grow, the hiring and placement decisions of these companies—which employ more than 500,000 private security officers nationwide—have become critical, as they determine which individuals will protect the Nation and have access to its key assets. Similarly, businesses providing their own internal security services have experienced a heightened need to improve their internal security measures and to obtain more information about the individuals who provide their internal security. It has, therefore, become imperative that companies employing or hiring security personnel have access to and be permitted to use a criminal background checking system that is efficient, inclusive, nationwide in scope, dependable, and technologically advanced, so as to minimize the occurrence of dangerous if not disastrous placement and hiring decisions. (7) Companies cannot properly and effectively evaluate their prospective and current employees providing private security services without access to the criminal history records available through the National Crime Information Center (in this section referred to as NCIC ). Access to the NCIC for the purpose of reviewing the background of current and prospective employees is currently enjoyed by the banking industry, the nuclear power industry, public housing authorities, and others and should be made available to private security companies and to businesses providing their own security so that they can safely and effectively partner with Federal, State, and local governments in the effort to protect the homeland. (8) Given its critical role in the security of the homeland, the Department of Homeland Security, working in conjunction with the Department of Justice, is best suited to act as the clearinghouse for obtaining and disseminating NCIC criminal history records for the purposes set forth in this section.", "id": "H5DE93EF571B64A5CBCA021D4AEBAC970", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act, the following definitions shall apply: (1) Covered employee \nThe term covered employee means any individual, other than an active law enforcement officer for any governmental unit, who is— (A) employed by, or seeking employment with, a nongovernmental company that provides security guard services; or (B) employed as an internal security employee by, or seeking employment as an internal security employee with, a nongovernmental company that has more than 50 employees, of which 3 or more are internal security employees. (2) Covered employer \nThe term covered employer means— (A) any nongovernmental company that— (i) provides security guard services; (ii) for each jurisdiction in which it provides such services, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and (iii) provides such services— (I) in interstate or foreign commerce; (II) at any site where there is located any element of the Federal Government; or (III) for any person engaged in interstate or foreign commerce; or (B) any nongovernmental company that— (i) has more than 50 employees, of which 3 or more are internal security employees; (ii) for each jurisdiction in which it provides internal security services with respect to itself, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and (iii) is either engaged in interstate or foreign commerce or provides any product or service to any element of the Federal Government. (3) Internal security employee \nThe term internal security employee means an employee whose primary responsibility is to provide internal security with respect to the company employing such employee. (4) Ncic \nThe term NCIC means the National Crime Information Center of the Department of Justice. (5) Secretary \nThe term Secretary means the Secretary of Homeland Security. (6) State \nThe term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.", "id": "H43EA9D8E8AB94A4981635E92CE1155D8", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Authority to receive NCIC information \n(a) In General \nSubject to the other provisions of this section, the Secretary shall, upon receipt of a request by a covered employer with respect to a covered employee, provide for an NCIC criminal history records check with respect to that covered employee and provide the results of that check to that covered employer. (b) Fingerprints \nA request under subsection (a) shall include the fingerprints of the covered employee, which shall be submitted electronically to the Secretary. The Secretary shall transmit those fingerprints to the Attorney General. To assist the Secretary in complying with subsection (a), the Attorney General shall, notwithstanding any other provision of law, provide for— (1) an NCIC criminal history records check to be carried out with respect to that covered employee; and (2) the results of that check to be transmitted to the Secretary. (c) Fee \nThe Secretary may, by regulation, establish and collect a reasonable fee for responding to a request under subsection (a).", "id": "H5CE68BB8F1C84CF400037FA7A70083C4", "header": "Authority to receive NCIC information", "nested": [ { "text": "(a) In General \nSubject to the other provisions of this section, the Secretary shall, upon receipt of a request by a covered employer with respect to a covered employee, provide for an NCIC criminal history records check with respect to that covered employee and provide the results of that check to that covered employer.", "id": "HDA366C402C42483A84F453A73F58DD00", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Fingerprints \nA request under subsection (a) shall include the fingerprints of the covered employee, which shall be submitted electronically to the Secretary. The Secretary shall transmit those fingerprints to the Attorney General. To assist the Secretary in complying with subsection (a), the Attorney General shall, notwithstanding any other provision of law, provide for— (1) an NCIC criminal history records check to be carried out with respect to that covered employee; and (2) the results of that check to be transmitted to the Secretary.", "id": "HEE0109FAD30D4D978121EB957888314F", "header": "Fingerprints", "nested": [], "links": [] }, { "text": "(c) Fee \nThe Secretary may, by regulation, establish and collect a reasonable fee for responding to a request under subsection (a).", "id": "H9DC8CD184FD94DE3A679E7001038BDC", "header": "Fee", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Use of NCIC information by covered employers \n(a) Prohibition \nA covered employer may not employ a covered employee to provide any security service or function unless— (1) the covered employer first obtains the results of an NCIC criminal history records check with respect to that covered employee; and (2) neither the results of that check, nor any other information made available to the covered employer, indicate that the covered employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses: (A) Illegally using, carrying, or possessing any firearm or other dangerous weapon. (B) Making or possessing any burglar’s instrument. (C) Buying or receiving stolen property. (D) Unlawful entry of a building. (E) Aiding escape from prison. (F) Unlawfully possessing or distributing any illegal narcotic drug. (G) Picking a pocket or attempting to do so. (H) Recklessly endangering another person. (I) Making any terroristic threat. (J) Assaulting another person. (b) Limitation \nNothing in this section prevents a covered employer from making any use in its employment decisions of any such check or any other information, except to the extent that section 7 or 8 of this Act prohibit such use. (c) Delayed applicability for current employees \nIn the case of a covered employee who is, on the date of the enactment of this Act, employed by a covered employer to provide a security service or function, the prohibition in subsection (a) shall not apply until— (1) the date that is 6 months after the date of the enactment of this Act; or (2) a later date specified by the Secretary, for any case in which the Secretary certifies that the results of the records check could not be obtained within 6 months after the date of the enactment of this Act despite the exercise of reasonable diligence on the part of both the employee and the employer.", "id": "HA0CC3F168F944EB6A18FD01089C69EFF", "header": "Use of NCIC information by covered employers", "nested": [ { "text": "(a) Prohibition \nA covered employer may not employ a covered employee to provide any security service or function unless— (1) the covered employer first obtains the results of an NCIC criminal history records check with respect to that covered employee; and (2) neither the results of that check, nor any other information made available to the covered employer, indicate that the covered employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses: (A) Illegally using, carrying, or possessing any firearm or other dangerous weapon. (B) Making or possessing any burglar’s instrument. (C) Buying or receiving stolen property. (D) Unlawful entry of a building. (E) Aiding escape from prison. (F) Unlawfully possessing or distributing any illegal narcotic drug. (G) Picking a pocket or attempting to do so. (H) Recklessly endangering another person. (I) Making any terroristic threat. (J) Assaulting another person.", "id": "H4654F0D41DC440C58495B5574CBC174F", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Limitation \nNothing in this section prevents a covered employer from making any use in its employment decisions of any such check or any other information, except to the extent that section 7 or 8 of this Act prohibit such use.", "id": "H4D3F309388FE4F8890D7D673F4725CA", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Delayed applicability for current employees \nIn the case of a covered employee who is, on the date of the enactment of this Act, employed by a covered employer to provide a security service or function, the prohibition in subsection (a) shall not apply until— (1) the date that is 6 months after the date of the enactment of this Act; or (2) a later date specified by the Secretary, for any case in which the Secretary certifies that the results of the records check could not be obtained within 6 months after the date of the enactment of this Act despite the exercise of reasonable diligence on the part of both the employee and the employer.", "id": "H4DB0C04B63D945049BBA3897EA8D2CBE", "header": "Delayed applicability for current employees", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Employee rights \n(a) Written Consent \nA covered employer may not make a request under section 4(a) with respect to a covered employee, or obtain the fingerprints under section 4(b) of a covered employee, without the written consent of that employee. (b) Frequency of Requests \nA covered employer that makes a request under section 4(a) with respect to a covered employee and thereafter employs that employee for a continuous period may not make another such request with respect to such employee unless— (1) such request is made at least 12 months after the previous request; or (2) good cause exists. (c) Accuracy and Completeness \nThe Secretary shall provide each covered employee subject to a request under section 4(a) with the opportunity to provide to the NCIC information concerning the accuracy or completeness of the results of the check.", "id": "H444B14D1D6AE4F52ADB07D94C0DE42E", "header": "Employee rights", "nested": [ { "text": "(a) Written Consent \nA covered employer may not make a request under section 4(a) with respect to a covered employee, or obtain the fingerprints under section 4(b) of a covered employee, without the written consent of that employee.", "id": "HD17A6BCDA06E426CB9660095FA8D1F69", "header": "Written Consent", "nested": [], "links": [] }, { "text": "(b) Frequency of Requests \nA covered employer that makes a request under section 4(a) with respect to a covered employee and thereafter employs that employee for a continuous period may not make another such request with respect to such employee unless— (1) such request is made at least 12 months after the previous request; or (2) good cause exists.", "id": "H0A1F6B709C80414CA755EE5F2FE6C500", "header": "Frequency of Requests", "nested": [], "links": [] }, { "text": "(c) Accuracy and Completeness \nThe Secretary shall provide each covered employee subject to a request under section 4(a) with the opportunity to provide to the NCIC information concerning the accuracy or completeness of the results of the check.", "id": "HA52C7548339244E9B403718FCF036A", "header": "Accuracy and Completeness", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Records management \nA covered employer receiving any information under section 4 shall ensure that such information is— (1) maintained confidentially; (2) not misused or disseminated to any person not involved in the employment decision with respect to the covered employee; and (3) destroyed, upon deciding whether to employ or continue to employ the covered employee or upon the passage of 180 days after the receipt of such information, whichever occurs first.", "id": "H0F8E4A9CD8A24658A5B0EEBA4B647456", "header": "Records management", "nested": [], "links": [] }, { "text": "8. Use of information by Department of Homeland Security \nIn carrying out this Act, the Secretary shall establish procedures to ensure that the Department of Homeland Security uses the results of checks carried out under section 4 in a manner that— (1) limits the dissemination of such results outside the Department only to the covered employer; (2) ensures that such results are used only for the purpose of determining the suitability of a covered employee for employment in the private security field; and (3) protects covered employees from misuse of such results.", "id": "H62CC2CA5856B41E09C95915CFF650812", "header": "Use of information by Department of Homeland Security", "nested": [], "links": [] }, { "text": "9. Regulations \nThe Secretary shall prescribe regulations to carry out this Act.", "id": "H7112B17152A54CD1892F0032C44BF820", "header": "Regulations", "nested": [], "links": [] }, { "text": "10. Criminal penalties \nAny person who knowingly and intentionally uses any information obtained pursuant to this Act for a purpose other than the purpose of determining the suitability of a covered employee for employment in the private security field shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.", "id": "HCF0C5B4F40104DDE84A2000F53796C3", "header": "Criminal penalties", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee", "Judiciary Committee" ]

[ { "text": "1. Suspension of duty on Diresul Brown GN Liquid Crude \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.35.04 Diresul Brown GN Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50) Free No change No change On or before 12/31/2008 (b) Effective Date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H678F5C0216F34649989721CC75151177", "header": "Suspension of duty on Diresul Brown GN Liquid Crude", "nested": [ { "text": "(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: 9902.35.04 Diresul Brown GN Liquid Crude (leuco sulfur dye) (provided for in subheading 3204.19.50) Free No change No change On or before 12/31/2008", "id": "H3FF9F37C835A4E73B95300853B4158A", "header": "In General", "nested": [], "links": [] }, { "text": "(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": "HD156B1B49A864EC9A57CC981C40316D5", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "That the Congress disapproves the rule submitted by the Comptroller of the Currency relating to bank activities and regulations, published at 69 Fed. Reg. 1895 (2004), and such rule shall have no force or effect.", "id": "HE34B9D1E422547F5AC787454609026A", "header": null, "nested": [], "links": [] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Florida \n(a) In general \nSection 1860C–1(b) of the Social Security Act , as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No cca areas within Florida \nA CCA area shall not include an MSA any portion of which is within the State of Florida.. (b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "H0550451F60814AF9931984FB3342DEE", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Florida", "nested": [ { "text": "(a) In general \nSection 1860C–1(b) of the Social Security Act , as added by section 241 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following: (3) No cca areas within Florida \nA CCA area shall not include an MSA any portion of which is within the State of Florida..", "id": "H6595CCDC452D49E5A2D3AE984FAC78E2", "header": "In general", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ).", "id": "H23A23DC0399546EF9622BE427D7535B4", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "Energy and Commerce Committee", "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Justice and Understanding By IMF Loan Elimination and Equity Act of 2004 or the JUBILEE Act of 2004.", "id": "H9C865C85ADD44BCBA413DD0314235D1B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Many poor countries have been struggling under the burden of international debts for many years. (2) Many poor countries have debts that are odious because they were incurred by dictatorships that did not use the funds in ways that benefitted the population of the country. (3) The international Jubilee coalitions have been working to raise awareness of the needs of these impoverished countries for full debt cancellation. (4) The International Monetary Fund (IMF) has imposed onerous structural adjustment requirements on many poor countries as a condition of past loans and of participation in debt relief programs. (5) Justice requires that debts owed by these countries to the IMF be cancelled.", "id": "H8A558D0911FD4C6284BF9F274FA161E5", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Cancellation of debt owed to the IMF by eligible poor countries \nTitle XVI of the International Financial Institutions Act (22 U.S.C. 262p–262p–8) is amended by adding at the end the following: 1626. Cancellation of debt owed to the IMF by eligible poor countries \n(a) In general \n(1) Cancellation of debt \nIn order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: (A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF ). (B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country’s application for debt cancellation. (C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. (2) Prohibition of privilege for imf credit \nIn order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. (3) Establishment of framework for creditor transparency \nIn order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))— (A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and (B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. (4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors \nThe Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. (5) Report from the comptroller general \nWithin 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. (6) Annual reports from the President \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. (b) Promotion of equitable burden sharing \nIn order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. (c) Eligible poor country defined \nIn this section, the term eligible poor country means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if— (1) the government of the country has an excessive level of military expenditures; (2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) the government of the country is failing to cooperate on international narcotics control matters; (4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or (5) in the case of Haiti, the government of the country has not been elected through free and fair elections..", "id": "HC36922689194495A80B1F1ABCECDCC00", "header": "Cancellation of debt owed to the IMF by eligible poor countries", "nested": [], "links": [ { "text": "50 U.S.C. App. 2405(j)(1)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] }, { "text": "1626. Cancellation of debt owed to the IMF by eligible poor countries \n(a) In general \n(1) Cancellation of debt \nIn order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: (A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF ). (B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country’s application for debt cancellation. (C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. (2) Prohibition of privilege for imf credit \nIn order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. (3) Establishment of framework for creditor transparency \nIn order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))— (A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and (B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. (4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors \nThe Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. (5) Report from the comptroller general \nWithin 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. (6) Annual reports from the President \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration. (b) Promotion of equitable burden sharing \nIn order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs. (c) Eligible poor country defined \nIn this section, the term eligible poor country means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if— (1) the government of the country has an excessive level of military expenditures; (2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) the government of the country is failing to cooperate on international narcotics control matters; (4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or (5) in the case of Haiti, the government of the country has not been elected through free and fair elections.", "id": "H57C9739502D041189D13CA5EC3873E57", "header": "Cancellation of debt owed to the IMF by eligible poor countries", "nested": [ { "text": "(a) In general \n(1) Cancellation of debt \nIn order to achieve multilateral debt cancellation and promote human and economic development and poverty alleviation in eligible poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish the following: (A) The IMF shall cancel all debts owed to the IMF by eligible poor countries, and finance the debt cancellation from ongoing operations, procedures, and accounts of the IMF established as of the end of the most recent fiscal year, including the Poverty Reduction and Growth Facility (formerly known as the Enhanced Structural Adjustment Facility or ESAF ). (B) Any waiting period before receiving debt cancellation shall not exceed 1 month from the date of an eligible poor country’s application for debt cancellation. (C) The government of each eligible poor country shall be encouraged to allocate at least 20 percent of its national budget, including the savings from the cancellation of debt owed by the country to the IMF, for the provision of basic health care services, education services, and clean water services to individuals in the country. In providing such services, the government should seek input from a broad cross-section of members of civil society. (2) Prohibition of privilege for imf credit \nIn order to ensure that the interests of the United States are fully protected and that the IMF does not have undue influence over the policies and finances of poor countries, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the IMF, and other appropriate multilateral development institutions, to ensure that the IMF does not require any country receiving new concessional loans to privilege the IMF as a creditor over the United States. (3) Establishment of framework for creditor transparency \nIn order to ensure that creditor activity is known and assessed by all stakeholders, the Secretary of the Treasury shall commence immediate efforts, within the Paris Club of Official Creditors, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that each international financial institution (as defined in section 1701(c)(2))— (A) continues to make efforts to promote greater transparency regarding the activities of the institution, including project design, project monitoring and evaluation, project implementation, resource allocation, and decisionmaking; and (B) supports continued efforts to allow informed participation and input by affected communities, including translation of information on proposed projects, provision of information through information technology application, oral briefings, and outreach to and dialogue with community organizations and institutions in affected areas. (4) Availability on treasury department website of remarks of united states executive directors at meetings of international financial institutions boards of directors \nThe Secretary of the Treasury shall make available on the website of the Department of the Treasury the full record of the remarks of the United States Executive Director at meetings of the Board of Directors of each international financial institution and the International Monetary Fund, about cancellation or reduction of debts owed to the institution involved, with redaction by the Secretary of the Treasury of material deemed too sensitive for public distribution, but showing the topic, amount of material redacted, and reason for the redaction. (5) Report from the comptroller general \nWithin 90 days after the date of the enactment of this section, the Comptroller General of the United States shall prepare and submit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the availability of the ongoing operations, procedures, and accounts of the IMF for canceling the debt of eligible poor countries. (6) Annual reports from the President \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services, and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year. The report shall include a list of the countries that have received debt cancellation, a list of the countries whose request for such debt cancellation has been denied and the reasons therefor, and a list of the countries whose requests for such debt cancellation are under consideration.", "id": "H3B236FC29EA045F6962B1824B56F5CE2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Promotion of equitable burden sharing \nIn order to promote equitable burden sharing by bilateral, multilateral, and private creditors, the Secretary of the Treasury shall commence immediate efforts to ensure that such creditors draw upon their own resources to finance debt reduction to the extent possible without diverting funds from other high-priority poverty alleviation programs.", "id": "H324BF3999D9447CE85B3F1F921582800", "header": "Promotion of equitable burden sharing", "nested": [], "links": [] }, { "text": "(c) Eligible poor country defined \nIn this section, the term eligible poor country means Angola, Bangladesh, Benin, Bolivia, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic Republic of Congo, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Jamaica, Kenya, Lao PDR, Liberia, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Peru, Philippines, Republic of Congo, Rwanda, Sao Tome and Principe, Senegal, Sierra Leone, South Africa, Tanzania, Togo, Uganda, Vietnam, Yemen, and Zambia, but not if— (1) the government of the country has an excessive level of military expenditures; (2) the government of the country has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j)(1) ), or section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (3) the government of the country is failing to cooperate on international narcotics control matters; (4) the government of the country (including its military or other security forces) engages in a consistent pattern of gross violations of internationally recognized human rights; or (5) in the case of Haiti, the government of the country has not been elected through free and fair elections.", "id": "H0FDC337D0FDE47D2A5879150193400E8", "header": "Eligible poor country defined", "nested": [], "links": [ { "text": "50 U.S.C. App. 2405(j)(1)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] } ], "links": [ { "text": "50 U.S.C. App. 2405(j)(1)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] }, { "text": "4. Prohibition of structural adjustment programs \nTitle XVI of the International Financial Institutions Act (22 U.S.C. 262p–262p–8) is further amended by adding at the end the following: 1627. Prohibition of structural adjustment programs \n(a) Prohibition of structural adjustment conditions \nIn order to promote human and economic development and poverty alleviation in eligible poor countries (as defined in section 1626(c)), the Secretary of the Treasury shall commence immediate efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to ensure that the provision of debt cancellation to the countries is not conditioned on any agreement by such a country to implement or comply with policies that deepen poverty or degrade the environment, including any policy that— (1) implements or extends user fees on primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, tuberculosis, malaria, and infant, child, and maternal well-being; (2) provides for increased cost recovery from poor people to finance basic public services such as education, health care, or sanitation; (3) would have the effect of increasing the cost to consumers with incomes of less than $2 per day for access to clean drinking water through— (A) decreased public subsidy for water supply, treatment, disposal, distribution, or management; (B) reduced intrasectoral or intersectoral subsidization of residential water consumers with incomes of less than $2 per day; (C) reduced government ability to regulate; or (D) mandated privatization of water; or (4) undermines workers’ ability to exercise effectively their internationally recognized worker rights, as defined under section 526(e) of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1995 ( 22 U.S.C. 262p–4p ). (b) Annual reports to the Congress \nNot later than December 31 of each year, the President shall submit to the Committees on Banking and Financial Services and on International Relations of the House of Representatives and the Committees on Foreign Relations and on Banking, Housing, and Urban Affairs of the Senate a report, which shall be made available to the public, on the activities undertaken under this section, and other progress made in accomplishing the purposes of this section, for the prior fiscal year..", "id": "H3EBE84B400234D5AB920902138E231B1", "header": "Prohibition of structural adjustment programs", "nested": [], "links": [ { "text": "22 U.S.C. 262p–4p", "legal-doc": "usc", "parsable-cite": "usc/22/262p-4p" } ] }, { "text": "1627. Prohibition of structural adjustment programs", "id": "HD1C4A4E3BB834354B7355EFC22339865", "header": "Prohibition of structural adjustment programs", "nested": [], "links": [] }, { "text": "5. Conditional ban on providing funds to the IMF \n(a) In General \nNone of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund (IMF) unless— (1) the IMF has cancelled all debts owed to it by eligible poor countries as described in section 1626(a)(1) of the International Financial Institutions Act; (2) the IMF has terminated its involvement in the Poverty Reduction and Growth Facility and any other program to condition debt relief on implementation of structural adjustment; and (3) the Secretary of the Treasury has certified to the Congress that the conditions referred to in paragraphs (1) and (2) of this subsection have been met. (b) Limitation \nSubsection (a) shall not apply to any funds appropriated to provide debt relief to poor countries.", "id": "H5F832F4B1F734B17BFC448DFA0B62277", "header": "Conditional ban on providing funds to the IMF", "nested": [ { "text": "(a) In General \nNone of the funds appropriated in any Act may be obligated or made available to the International Monetary Fund (IMF) unless— (1) the IMF has cancelled all debts owed to it by eligible poor countries as described in section 1626(a)(1) of the International Financial Institutions Act; (2) the IMF has terminated its involvement in the Poverty Reduction and Growth Facility and any other program to condition debt relief on implementation of structural adjustment; and (3) the Secretary of the Treasury has certified to the Congress that the conditions referred to in paragraphs (1) and (2) of this subsection have been met.", "id": "H6070C9C46BF640659660D6000941E3E6", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Limitation \nSubsection (a) shall not apply to any funds appropriated to provide debt relief to poor countries.", "id": "HC0DDDA38EE6840A3A15925806032E918", "header": "Limitation", "nested": [], "links": [] } ], "links": [] } ]

[ "Financial Services Committee" ]

[ { "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", "nested": [], "links": [ { "text": "Public Law 96–192", "legal-doc": "public-law", "parsable-cite": "pl/96/192" } ] } ]

[ "Transportation and Infrastructure Committee" ]

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

[ "Judiciary Committee" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Presidential Succession Act of 2004.", "id": "HDEDADCAF769D4644A03141C05109E073", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Presidential Succession \nSection 19 of title 3, United States Code, is amended to read as follows: 19. Vacancy in offices of both President and Vice President; officers eligible to Act \n(a) In General \n(1) Use of succession list \nExcept as provided in paragraph (2), if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the highest individual on the succession list who is eligible to the office of President under the Constitution, not under disability to discharge the powers and duties of the office of President, and not disqualified under subsection (e), shall act as President. (2) Special rule if no president or vice president is elected prior to beginning of term \n(A) In general \nIf, at the time fixed for the beginning of the term of the President, a President has not been chosen or the President elect has failed to qualify, and a Vice President has not been chosen or the Vice President elect has failed to qualify— (i) the Speaker of the House of Representatives shall act as President; or (ii) if the Speaker of the House of Representatives does not qualify, the majority leader of the Senate shall act as President. (B) No nomination of vice president \nAn individual acting as President under this paragraph may not nominate any individual to serve as Vice President. (3) Determination of inability to serve \nFor purposes of this subsection, an individual may not be considered to be unable to serve as President or Vice President unless— (A) the individual or an individual legally authorized to act on the individual’s behalf files a statement with the Supreme Court of the United States that the individual is unable to carry out the powers and duties of the office; and (B) the Supreme Court certifies that the statement is correct. (b) Termination of Service \nAn individual acting as President under this section shall continue to so act until the expiration of the then current Presidential term except that— (1) if the individual’s service as President under this section results in whole or in part from the failure of both the President-elect and the Vice-President-elect to qualify, the individual shall act only until a President or Vice President qualifies; (2) if the individual’s service as President under this section results in whole or in part from the inability of the President or Vice President, the individual shall act only until the removal of the disability of one of such individuals; and (3) if the individual’s service as President under this section results from the application of subsection (a)(2), the individual shall act only until a President or Vice President has been chosen or qualifies (as the case may be). (c) Succession List Described \n(1) In general \nSubject to paragraph (2), for purposes of this section, the term succession list means the following list: (A) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, the Secretary of Veterans Affairs, and the Secretary of Homeland Security. (B) The United States Ambassadors to the following (in the following order): (i) The United Nations. (ii) The United Kingdom of Great Britain and Northern Ireland. (iii) The French Republic. (iv) The Russian Federation. (v) The People’s Republic of China. (2) Requiring appointment by president \n(A) In general \nFor purposes of paragraph (1) and except as provided in subparagraphs (B) and (C), an individual shall not be considered to hold any office referred to in such paragraph unless the individual was appointed to the office by the President whom the individual would succeed pursuant to this section. (B) Special rule for individuals appointed by former President succeeded by Vice President \nFor purposes of subparagraph (A), if the President who appointed an individual to an office referred to in paragraph (1) no longer serves as President by reason of death, resignation, removal from office, inability, or failure to qualify, the individual shall be deemed to have been appointed to the office by the individual succeeding that President if the successor President served as the Vice President of that President. (C) Special rule for individuals suggested or approved by President-elect \nFor purposes of subparagraph (A), if an individual who holds an office referred to in paragraph (1) was appointed by a sitting President, the individual shall be deemed to have been appointed by the President-elect if— (i) the individual was appointed pursuant to a suggestion by the President-elect so that the individual may begin serving in the office immediately upon the inauguration of the President-elect (as described in paragraph (3)); or (ii) if the President-elect notifies the Clerk of the House of Representatives and the Secretary of the Senate that the President-elect approves the appointment of the individual to the office for purposes of paragraph (1). (3) Sense of congress regarding submission of nominees suggested by President-elect \nIt is the sense of Congress that, prior to the inauguration of a President-elect— (A) the President-elect should submit to the sitting President suggestions for nominees to the offices referred to in the succession list; (B) the sitting President should submit to the Senate the nominations of the individuals suggested by the President-elect; and (C) the Senate should confirm the appointment of the nominees submitted by the sitting President so that such individuals may begin serving in the offices involved immediately upon the inauguration of the President-elect. (d) Special Rule if no Individual is on Succession List \n(1) In general \nIf, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, and if there is no individual on the succession list— (A) the Speaker of the House of Representatives or the minority leader of the House of Representatives, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President; or (B) if the Speaker or minority leader does not qualify, the majority leader of the Senate or the minority leader of the Senate, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President. (2) Designation by President-elect \nPrior to taking office, the President-elect shall file with the Clerk of the House of Representatives and the Secretary of the Senate a notice designating whether the Speaker or the minority leader of the House of Representatives, and whether the majority leader or minority leader of the Senate, should act as President pursuant to this subsection, and may file a revised version of the notice at any time, including after taking office. (e) Resignation From Current Office \nAn individual is disqualified to discharge the powers and duties of the office of President for purposes of this section unless such individual, at the time that such powers and duties devolve upon the individual, meets the following requirements: (1) In the case of the Speaker of the House of Representatives under subsection (a)(2)(A) or subsection (d)(1), the individual resigns the office of Speaker and (in the case of an individual who is a Member of the House of Representatives) the office of Member of the House of Representatives. (2) In the case of the minority leader of the House of Representatives under subsection (d)(1), the individual resigns the office of Member of the House of Representatives. (3) In the case of the majority leader of the Senate under subsection (a)(2)(B) or subsection (d)(2), or the minority leader of the Senate under subsection (d)(2), the individual resigns the office of Senator. (4) In the case of an individual described in subsection (c), the individual resigns the office by virtue of the holding of which the individual qualifies to act as President. (f) Application of Procedures to Individuals Acting as President Under This Section \nThe rule of subsection (a) shall also apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no Vice President to discharge the powers and duties of the office of President. (g) Nomination of Vice President \nExcept as provided in subsection (a)(2)(B), an individual acting as President under this section shall promptly nominate a Vice President upon any vacancy in the office of Vice President. (h) Compensation \nDuring the period that any individual acts as President under this section, the individual’s compensation shall be at the rate then provided by law in the case of the President..", "id": "HFD58186C68CE4A1786A0E4D898688815", "header": "Presidential Succession", "nested": [], "links": [ { "text": "Section 19", "legal-doc": "usc", "parsable-cite": "usc/3/19" } ] }, { "text": "19. Vacancy in offices of both President and Vice President; officers eligible to Act \n(a) In General \n(1) Use of succession list \nExcept as provided in paragraph (2), if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the highest individual on the succession list who is eligible to the office of President under the Constitution, not under disability to discharge the powers and duties of the office of President, and not disqualified under subsection (e), shall act as President. (2) Special rule if no president or vice president is elected prior to beginning of term \n(A) In general \nIf, at the time fixed for the beginning of the term of the President, a President has not been chosen or the President elect has failed to qualify, and a Vice President has not been chosen or the Vice President elect has failed to qualify— (i) the Speaker of the House of Representatives shall act as President; or (ii) if the Speaker of the House of Representatives does not qualify, the majority leader of the Senate shall act as President. (B) No nomination of vice president \nAn individual acting as President under this paragraph may not nominate any individual to serve as Vice President. (3) Determination of inability to serve \nFor purposes of this subsection, an individual may not be considered to be unable to serve as President or Vice President unless— (A) the individual or an individual legally authorized to act on the individual’s behalf files a statement with the Supreme Court of the United States that the individual is unable to carry out the powers and duties of the office; and (B) the Supreme Court certifies that the statement is correct. (b) Termination of Service \nAn individual acting as President under this section shall continue to so act until the expiration of the then current Presidential term except that— (1) if the individual’s service as President under this section results in whole or in part from the failure of both the President-elect and the Vice-President-elect to qualify, the individual shall act only until a President or Vice President qualifies; (2) if the individual’s service as President under this section results in whole or in part from the inability of the President or Vice President, the individual shall act only until the removal of the disability of one of such individuals; and (3) if the individual’s service as President under this section results from the application of subsection (a)(2), the individual shall act only until a President or Vice President has been chosen or qualifies (as the case may be). (c) Succession List Described \n(1) In general \nSubject to paragraph (2), for purposes of this section, the term succession list means the following list: (A) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, the Secretary of Veterans Affairs, and the Secretary of Homeland Security. (B) The United States Ambassadors to the following (in the following order): (i) The United Nations. (ii) The United Kingdom of Great Britain and Northern Ireland. (iii) The French Republic. (iv) The Russian Federation. (v) The People’s Republic of China. (2) Requiring appointment by president \n(A) In general \nFor purposes of paragraph (1) and except as provided in subparagraphs (B) and (C), an individual shall not be considered to hold any office referred to in such paragraph unless the individual was appointed to the office by the President whom the individual would succeed pursuant to this section. (B) Special rule for individuals appointed by former President succeeded by Vice President \nFor purposes of subparagraph (A), if the President who appointed an individual to an office referred to in paragraph (1) no longer serves as President by reason of death, resignation, removal from office, inability, or failure to qualify, the individual shall be deemed to have been appointed to the office by the individual succeeding that President if the successor President served as the Vice President of that President. (C) Special rule for individuals suggested or approved by President-elect \nFor purposes of subparagraph (A), if an individual who holds an office referred to in paragraph (1) was appointed by a sitting President, the individual shall be deemed to have been appointed by the President-elect if— (i) the individual was appointed pursuant to a suggestion by the President-elect so that the individual may begin serving in the office immediately upon the inauguration of the President-elect (as described in paragraph (3)); or (ii) if the President-elect notifies the Clerk of the House of Representatives and the Secretary of the Senate that the President-elect approves the appointment of the individual to the office for purposes of paragraph (1). (3) Sense of congress regarding submission of nominees suggested by President-elect \nIt is the sense of Congress that, prior to the inauguration of a President-elect— (A) the President-elect should submit to the sitting President suggestions for nominees to the offices referred to in the succession list; (B) the sitting President should submit to the Senate the nominations of the individuals suggested by the President-elect; and (C) the Senate should confirm the appointment of the nominees submitted by the sitting President so that such individuals may begin serving in the offices involved immediately upon the inauguration of the President-elect. (d) Special Rule if no Individual is on Succession List \n(1) In general \nIf, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, and if there is no individual on the succession list— (A) the Speaker of the House of Representatives or the minority leader of the House of Representatives, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President; or (B) if the Speaker or minority leader does not qualify, the majority leader of the Senate or the minority leader of the Senate, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President. (2) Designation by President-elect \nPrior to taking office, the President-elect shall file with the Clerk of the House of Representatives and the Secretary of the Senate a notice designating whether the Speaker or the minority leader of the House of Representatives, and whether the majority leader or minority leader of the Senate, should act as President pursuant to this subsection, and may file a revised version of the notice at any time, including after taking office. (e) Resignation From Current Office \nAn individual is disqualified to discharge the powers and duties of the office of President for purposes of this section unless such individual, at the time that such powers and duties devolve upon the individual, meets the following requirements: (1) In the case of the Speaker of the House of Representatives under subsection (a)(2)(A) or subsection (d)(1), the individual resigns the office of Speaker and (in the case of an individual who is a Member of the House of Representatives) the office of Member of the House of Representatives. (2) In the case of the minority leader of the House of Representatives under subsection (d)(1), the individual resigns the office of Member of the House of Representatives. (3) In the case of the majority leader of the Senate under subsection (a)(2)(B) or subsection (d)(2), or the minority leader of the Senate under subsection (d)(2), the individual resigns the office of Senator. (4) In the case of an individual described in subsection (c), the individual resigns the office by virtue of the holding of which the individual qualifies to act as President. (f) Application of Procedures to Individuals Acting as President Under This Section \nThe rule of subsection (a) shall also apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no Vice President to discharge the powers and duties of the office of President. (g) Nomination of Vice President \nExcept as provided in subsection (a)(2)(B), an individual acting as President under this section shall promptly nominate a Vice President upon any vacancy in the office of Vice President. (h) Compensation \nDuring the period that any individual acts as President under this section, the individual’s compensation shall be at the rate then provided by law in the case of the President.", "id": "H4828F4B86C0C4933918700EDD4547737", "header": "Vacancy in offices of both President and Vice President; officers eligible to Act", "nested": [ { "text": "(a) In General \n(1) Use of succession list \nExcept as provided in paragraph (2), if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the highest individual on the succession list who is eligible to the office of President under the Constitution, not under disability to discharge the powers and duties of the office of President, and not disqualified under subsection (e), shall act as President. (2) Special rule if no president or vice president is elected prior to beginning of term \n(A) In general \nIf, at the time fixed for the beginning of the term of the President, a President has not been chosen or the President elect has failed to qualify, and a Vice President has not been chosen or the Vice President elect has failed to qualify— (i) the Speaker of the House of Representatives shall act as President; or (ii) if the Speaker of the House of Representatives does not qualify, the majority leader of the Senate shall act as President. (B) No nomination of vice president \nAn individual acting as President under this paragraph may not nominate any individual to serve as Vice President. (3) Determination of inability to serve \nFor purposes of this subsection, an individual may not be considered to be unable to serve as President or Vice President unless— (A) the individual or an individual legally authorized to act on the individual’s behalf files a statement with the Supreme Court of the United States that the individual is unable to carry out the powers and duties of the office; and (B) the Supreme Court certifies that the statement is correct.", "id": "HF186D0B412234DCD87F460232EB38050", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Termination of Service \nAn individual acting as President under this section shall continue to so act until the expiration of the then current Presidential term except that— (1) if the individual’s service as President under this section results in whole or in part from the failure of both the President-elect and the Vice-President-elect to qualify, the individual shall act only until a President or Vice President qualifies; (2) if the individual’s service as President under this section results in whole or in part from the inability of the President or Vice President, the individual shall act only until the removal of the disability of one of such individuals; and (3) if the individual’s service as President under this section results from the application of subsection (a)(2), the individual shall act only until a President or Vice President has been chosen or qualifies (as the case may be).", "id": "HB8F085E9207948C580903165B973EFC4", "header": "Termination of Service", "nested": [], "links": [] }, { "text": "(c) Succession List Described \n(1) In general \nSubject to paragraph (2), for purposes of this section, the term succession list means the following list: (A) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, the Secretary of Veterans Affairs, and the Secretary of Homeland Security. (B) The United States Ambassadors to the following (in the following order): (i) The United Nations. (ii) The United Kingdom of Great Britain and Northern Ireland. (iii) The French Republic. (iv) The Russian Federation. (v) The People’s Republic of China. (2) Requiring appointment by president \n(A) In general \nFor purposes of paragraph (1) and except as provided in subparagraphs (B) and (C), an individual shall not be considered to hold any office referred to in such paragraph unless the individual was appointed to the office by the President whom the individual would succeed pursuant to this section. (B) Special rule for individuals appointed by former President succeeded by Vice President \nFor purposes of subparagraph (A), if the President who appointed an individual to an office referred to in paragraph (1) no longer serves as President by reason of death, resignation, removal from office, inability, or failure to qualify, the individual shall be deemed to have been appointed to the office by the individual succeeding that President if the successor President served as the Vice President of that President. (C) Special rule for individuals suggested or approved by President-elect \nFor purposes of subparagraph (A), if an individual who holds an office referred to in paragraph (1) was appointed by a sitting President, the individual shall be deemed to have been appointed by the President-elect if— (i) the individual was appointed pursuant to a suggestion by the President-elect so that the individual may begin serving in the office immediately upon the inauguration of the President-elect (as described in paragraph (3)); or (ii) if the President-elect notifies the Clerk of the House of Representatives and the Secretary of the Senate that the President-elect approves the appointment of the individual to the office for purposes of paragraph (1). (3) Sense of congress regarding submission of nominees suggested by President-elect \nIt is the sense of Congress that, prior to the inauguration of a President-elect— (A) the President-elect should submit to the sitting President suggestions for nominees to the offices referred to in the succession list; (B) the sitting President should submit to the Senate the nominations of the individuals suggested by the President-elect; and (C) the Senate should confirm the appointment of the nominees submitted by the sitting President so that such individuals may begin serving in the offices involved immediately upon the inauguration of the President-elect.", "id": "H787D12B8844F4E868DA44103E5191439", "header": "Succession List Described", "nested": [], "links": [] }, { "text": "(d) Special Rule if no Individual is on Succession List \n(1) In general \nIf, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, and if there is no individual on the succession list— (A) the Speaker of the House of Representatives or the minority leader of the House of Representatives, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President; or (B) if the Speaker or minority leader does not qualify, the majority leader of the Senate or the minority leader of the Senate, as designated by the President-elect in the most recent notice filed under paragraph (2), shall act as President. (2) Designation by President-elect \nPrior to taking office, the President-elect shall file with the Clerk of the House of Representatives and the Secretary of the Senate a notice designating whether the Speaker or the minority leader of the House of Representatives, and whether the majority leader or minority leader of the Senate, should act as President pursuant to this subsection, and may file a revised version of the notice at any time, including after taking office.", "id": "H95DD695FB9E54E7798B5133729000084", "header": "Special Rule if no Individual is on Succession List", "nested": [], "links": [] }, { "text": "(e) Resignation From Current Office \nAn individual is disqualified to discharge the powers and duties of the office of President for purposes of this section unless such individual, at the time that such powers and duties devolve upon the individual, meets the following requirements: (1) In the case of the Speaker of the House of Representatives under subsection (a)(2)(A) or subsection (d)(1), the individual resigns the office of Speaker and (in the case of an individual who is a Member of the House of Representatives) the office of Member of the House of Representatives. (2) In the case of the minority leader of the House of Representatives under subsection (d)(1), the individual resigns the office of Member of the House of Representatives. (3) In the case of the majority leader of the Senate under subsection (a)(2)(B) or subsection (d)(2), or the minority leader of the Senate under subsection (d)(2), the individual resigns the office of Senator. (4) In the case of an individual described in subsection (c), the individual resigns the office by virtue of the holding of which the individual qualifies to act as President.", "id": "H3635C566622E427F00BECE3B928CEAC", "header": "Resignation From Current Office", "nested": [], "links": [] }, { "text": "(f) Application of Procedures to Individuals Acting as President Under This Section \nThe rule of subsection (a) shall also apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this section if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no Vice President to discharge the powers and duties of the office of President.", "id": "H4F95537B2041476A844B89DC019EEF58", "header": "Application of Procedures to Individuals Acting as President Under This Section", "nested": [], "links": [] }, { "text": "(g) Nomination of Vice President \nExcept as provided in subsection (a)(2)(B), an individual acting as President under this section shall promptly nominate a Vice President upon any vacancy in the office of Vice President.", "id": "H357955D31B4A417EBB1EE622CF066558", "header": "Nomination of Vice President", "nested": [], "links": [] }, { "text": "(h) Compensation \nDuring the period that any individual acts as President under this section, the individual’s compensation shall be at the rate then provided by law in the case of the President.", "id": "H5AE837DA5E5D40E683EB2B64DA7F7C3E", "header": "Compensation", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Sense of Congress Regarding Votes by Electors After Death or Incapacity of Nominees \nIt is the sense of Congress that— (1) during a Presidential election year, the 2 nominees of each political party for the office of President and Vice President should jointly announce and designate on or before the first Monday in September the individuals for whom the electors of President and Vice President who are pledged to vote for such nominees should give their votes for such offices in the event that such nominees are deceased or permanently incapacitated prior to the date of the meeting of the electors of each State under section 7 of title 3, United States Code; (2) in the event a nominee for President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for Vice President of the same political party is not deceased or permanently incapacitated), the electors of President who are pledged to vote for the nominee should give their votes to the nominee of the same political party for the office of Vice President, and the electors of Vice President who are pledged to vote for the nominee for Vice President should give their votes to the individual designated for such office by the nominees under paragraph (1); (3) in the event a nominee for Vice President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for President of the same political party is not deceased or permanently incapacitated), the electors of Vice President who are pledged to vote for such nominee should give their votes to the individual designated for such office by the nominees under paragraph (1); (4) in the event that both the nominee for President and the nominee for Vice President of the same political party are deceased or permanently incapacitated prior to the date referred to in paragraph (1), the electors of President and Vice President who are pledged to vote for such nominees should vote for the individuals designated for each such office by the nominees under paragraph (1); and (5) political parties should establish rules and procedures consistent with the procedures described in the preceding paragraphs, including procedures to obtain written pledges from electors to vote in the manner described in such paragraphs.", "id": "H5D0F25BF2ABD4D74819117A0BCE7265C", "header": "Sense of Congress Regarding Votes by Electors After Death or Incapacity of Nominees", "nested": [], "links": [ { "text": "section 7", "legal-doc": "usc", "parsable-cite": "usc/3/7" } ] }, { "text": "4. Sense of Congress Regarding Status of President-Elect \nIt is the sense of Congress that, for purposes of the twentieth amendment to the Constitution, the President-elect is the individual receiving the requisite number of votes cast by the electors at the meeting of the electors held pursuant to clause 3 of section 1 of article II of the Constitution.", "id": "H0360FCC41D1C4E54BE9354002F348B17", "header": "Sense of Congress Regarding Status of President-Elect", "nested": [], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Withdrawal of Los Padres National Forest, California, from mining laws \n(a) Short title \nThis Act may be cited as the Los Padres National Forest Conservation Act. (b) Withdrawal \nSubject to valid existing rights, the Los Padres National Forest in California is hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "HECF86E80849443BC82B000FAEA50856C", "header": "Withdrawal of Los Padres National Forest, California, from mining laws", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Los Padres National Forest Conservation Act.", "id": "H24A514F1683C42E6A0EAC71B92CD8F4", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Withdrawal \nSubject to valid existing rights, the Los Padres National Forest in California is hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "H8CEC9378CC214BD589B9A97CB7843009", "header": "Withdrawal", "nested": [], "links": [] } ], "links": [] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958 \nThe authorization for any program, authority, or provision, including any pilot program, that was extended through June 4, 2004, by section 1 of Public Law 108–217 is further extended through July 23, 2004, under the same terms and conditions.", "id": "H11EB5A6481D54B2D942595DCC369CBF", "header": "Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958", "nested": [], "links": [ { "text": "Public Law 108–217", "legal-doc": "public-law", "parsable-cite": "pl/108/217" } ] }, { "text": "2. Technical Amendment \nSection 2 of Public Law 108–205 is amended by striking October 1, 2003 and inserting March 15, 2004. The amendment made by the preceding sentence shall take effect as if included in the enactment of the section to which it relates.", "id": "H8271A3804F194417A2229608D5F2F4E", "header": "Technical Amendment", "nested": [], "links": [ { "text": "Public Law 108–205", "legal-doc": "public-law", "parsable-cite": "pl/108/205" } ] } ]

[ "Small Business and Entrepreneurship Committee", "Small Business Committee" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Secure Borders Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Securing our borders Subtitle A—Infrastructure enhancements Sec. 101. Establishment of Land Border Infrastructure Improvement Fund Sec. 102. Requiring a vulnerability assessment of land ports of entry Sec. 103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs Subtitle B—Enhancing border monitoring technology Sec. 111. Deployment of surveillance systems along the U.S.-Mexico border Sec. 112. Deployment of surveillance systems along the US–Canadian border Sec. 113. Level of K–9 units Sec. 114. Deployment of radiation portal monitors on the southern border Subtitle C—Ensuring sufficient well-trained personnel at our borders Sec. 121. Double the number of CBP personnel Sec. 122. Assessing staffing needs at our borders Sec. 123. Additional and continuous training for inspectors Sec. 124. Requiring report on the One Face at the Border Initiative Subtitle D—Establishing a comprehensive border security strategy Sec. 131. Land border security strategy Sec. 132. Improved Information Sharing Sec. 133. Creation of northern and southern border coordinators Sec. 134. Smart Border Accord implementation Sec. 135. Sense of Congress on the period of admission for border crossing card holders Subtitle E—Enhancing border security programs Sec. 141. Creating a more effective entry-exit system Sec. 142. Transportation worker identification card Sec. 143. Standards and verification procedures for the security of intermodal cargo containers Sec. 144. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico Subtitle F—Securing our tribal and Federal lands and territories Sec. 151. Office of Tribal Security Sec. 152. Transfer of Shadow Wolves from CPB to ICE Sec. 153. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds Title II—Securing identification documents Sec. 201. State identification document standards Sec. 202. Training in fraud detection and prevention for officers in divisions of motor vehicles Title III—Securing the interior; tools for border security Subtitle A—Increase in staff for ICE Sec. 301. Personnel increase Sec. 302. ICE strategy and staffing assessment Subtitle B—Increase in detention space Sec. 311. Increase in detention space Sec. 312. Sense of Congress regarding processing of criminal aliens while incarcerated Sec. 313. Sense of Congress regarding increase in prosecutors and immigration judges Subtitle D—Enhancing Law Enforcement Access to Informants Sec. 351. New class of nonimmigrant aliens Sec. 352. Adjustment of status of nonimmigrant to that of person admitted for permanent residence Subtitle E—Increased penalties for smuggling Sec. 361. Combating aggravated alien smuggling Sec. 362. Increased criminal sentences and fines for alien smuggling Sec. 363. Increased penalty for smuggling Title IV—Beyond our borders (international) Subtitle A—Coordinating DHS mission overseas Sec. 401. Office of International Affairs; effective and efficient management and coordination of international assignments Sec. 402. Creation of an Office of Overseas Service Subtitle B—Implementing a more effective visa security program Sec. 411. Implementing a more effective visa security program Subtitle C—Securing the visa waiver program Sec. 421. Visa waiver program passenger screening; biographical checks Sec. 422. Defining security responsibilities of the Visa Waiver Program Office Sec. 423. Additional and continuous training for inspectors in fraud and imposter detection Sec. 424. Authorization of funds Title V—Securing the immigration benefits process Sec. 501. Immigration ombudsman Sec. 502. CIS workflow, technology, and staffing assessment Sec. 503. Study on biometrics Sec. 504. Digitizing immigration functions Sec. 505. Study on digitizing immigration benefit applications", "id": "H1772173805B242549CE3795066D3BBEF", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Secure Borders Act.", "id": "HD965B717EE0E4524B8236F002BCBFC81", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Securing our borders Subtitle A—Infrastructure enhancements Sec. 101. Establishment of Land Border Infrastructure Improvement Fund Sec. 102. Requiring a vulnerability assessment of land ports of entry Sec. 103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs Subtitle B—Enhancing border monitoring technology Sec. 111. Deployment of surveillance systems along the U.S.-Mexico border Sec. 112. Deployment of surveillance systems along the US–Canadian border Sec. 113. Level of K–9 units Sec. 114. Deployment of radiation portal monitors on the southern border Subtitle C—Ensuring sufficient well-trained personnel at our borders Sec. 121. Double the number of CBP personnel Sec. 122. Assessing staffing needs at our borders Sec. 123. Additional and continuous training for inspectors Sec. 124. Requiring report on the One Face at the Border Initiative Subtitle D—Establishing a comprehensive border security strategy Sec. 131. Land border security strategy Sec. 132. Improved Information Sharing Sec. 133. Creation of northern and southern border coordinators Sec. 134. Smart Border Accord implementation Sec. 135. Sense of Congress on the period of admission for border crossing card holders Subtitle E—Enhancing border security programs Sec. 141. Creating a more effective entry-exit system Sec. 142. Transportation worker identification card Sec. 143. Standards and verification procedures for the security of intermodal cargo containers Sec. 144. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico Subtitle F—Securing our tribal and Federal lands and territories Sec. 151. Office of Tribal Security Sec. 152. Transfer of Shadow Wolves from CPB to ICE Sec. 153. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds Title II—Securing identification documents Sec. 201. State identification document standards Sec. 202. Training in fraud detection and prevention for officers in divisions of motor vehicles Title III—Securing the interior; tools for border security Subtitle A—Increase in staff for ICE Sec. 301. Personnel increase Sec. 302. ICE strategy and staffing assessment Subtitle B—Increase in detention space Sec. 311. Increase in detention space Sec. 312. Sense of Congress regarding processing of criminal aliens while incarcerated Sec. 313. Sense of Congress regarding increase in prosecutors and immigration judges Subtitle D—Enhancing Law Enforcement Access to Informants Sec. 351. New class of nonimmigrant aliens Sec. 352. Adjustment of status of nonimmigrant to that of person admitted for permanent residence Subtitle E—Increased penalties for smuggling Sec. 361. Combating aggravated alien smuggling Sec. 362. Increased criminal sentences and fines for alien smuggling Sec. 363. Increased penalty for smuggling Title IV—Beyond our borders (international) Subtitle A—Coordinating DHS mission overseas Sec. 401. Office of International Affairs; effective and efficient management and coordination of international assignments Sec. 402. Creation of an Office of Overseas Service Subtitle B—Implementing a more effective visa security program Sec. 411. Implementing a more effective visa security program Subtitle C—Securing the visa waiver program Sec. 421. Visa waiver program passenger screening; biographical checks Sec. 422. Defining security responsibilities of the Visa Waiver Program Office Sec. 423. Additional and continuous training for inspectors in fraud and imposter detection Sec. 424. Authorization of funds Title V—Securing the immigration benefits process Sec. 501. Immigration ombudsman Sec. 502. CIS workflow, technology, and staffing assessment Sec. 503. Study on biometrics Sec. 504. Digitizing immigration functions Sec. 505. Study on digitizing immigration benefit applications", "id": "HCF456603CBCC47949BEBF4BF47D850FA", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. Establishment of Land Border Infrastructure Improvement Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account which shall be known as the Land Border Infrastructure Improvement Fund. Amounts deposited in such fund shall remain available to the Secretary of Homeland Security until expended, subject to the provisions of appropriations Acts, to carry out infrastructure and technology improvement projects at our nation’s ports of entry, as assessed in section 102, to reduce and prevent the nation’s land border vulnerability to terrorist attack, and penetration by terrorists and criminals, while effectively facilitating the movement of goods, services, and legitimate travelers. (b) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out the projects described in subsection (c). (c) Projects described \nThe Secretary of Homeland Security may carry out infrastructure and technology improvement projects recommended in the report submitted under section 102 in order to reduce the vulnerability of ports of entry.", "id": "HEC425A710F944E75908D4856B2DFC228", "header": "Establishment of Land Border Infrastructure Improvement Fund", "nested": [ { "text": "(a) In general \nThere is established in the general fund of the Treasury a separate account which shall be known as the Land Border Infrastructure Improvement Fund. Amounts deposited in such fund shall remain available to the Secretary of Homeland Security until expended, subject to the provisions of appropriations Acts, to carry out infrastructure and technology improvement projects at our nation’s ports of entry, as assessed in section 102, to reduce and prevent the nation’s land border vulnerability to terrorist attack, and penetration by terrorists and criminals, while effectively facilitating the movement of goods, services, and legitimate travelers.", "id": "HB8238589EF164CC0B5672288B1E4D516", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out the projects described in subsection (c).", "id": "HD44409F9B07342FEB45E6C1330518452", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) Projects described \nThe Secretary of Homeland Security may carry out infrastructure and technology improvement projects recommended in the report submitted under section 102 in order to reduce the vulnerability of ports of entry.", "id": "HE46CE088809B4F19A6ABA6A6BC8F2E98", "header": "Projects described", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Requiring a vulnerability assessment of land ports of entry \n(a) Initial assessment \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the vulnerability of each United States land port of entry to penetration by terrorists and criminals or terrorist attack. In carrying out assessments under this paragraph, the Secretary shall categorize the vulnerability of each port of entry as high , medium , or low and shall prioritize the vulnerability of each port of entry within each such category. In conducting the assessment, the Secretary of Homeland Security shall consult with appropriate State, local, and private sector representatives. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains— (A) the results of the assessment conducted under paragraph (1); (B) with respect to each port of entry categorized under paragraph (1) as either a high or medium vulnerability port of entry, descriptions of— (i) infrastructure and technology improvement projects required for the port of entry in order to reduce its vulnerability; and (ii) the resources required to make such improvements; and (C) a description of how the funds will be used to implement technology and infrastructure improvement projects. (b) Follow-up assessments \nThe Secretary of Homeland Security shall conduct follow-up assessments of land border ports of entry every 2 years and shall submit such reports to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H18C35AD70C7C46B8AF943998F6DD0900", "header": "Requiring a vulnerability assessment of land ports of entry", "nested": [ { "text": "(a) Initial assessment \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the vulnerability of each United States land port of entry to penetration by terrorists and criminals or terrorist attack. In carrying out assessments under this paragraph, the Secretary shall categorize the vulnerability of each port of entry as high , medium , or low and shall prioritize the vulnerability of each port of entry within each such category. In conducting the assessment, the Secretary of Homeland Security shall consult with appropriate State, local, and private sector representatives. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains— (A) the results of the assessment conducted under paragraph (1); (B) with respect to each port of entry categorized under paragraph (1) as either a high or medium vulnerability port of entry, descriptions of— (i) infrastructure and technology improvement projects required for the port of entry in order to reduce its vulnerability; and (ii) the resources required to make such improvements; and (C) a description of how the funds will be used to implement technology and infrastructure improvement projects.", "id": "H633AB2F4698C4A80B3643BFF5C25A191", "header": "Initial assessment", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(b) Follow-up assessments \nThe Secretary of Homeland Security shall conduct follow-up assessments of land border ports of entry every 2 years and shall submit such reports to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HE27C0808BCC4472EB32C08AFA871392", "header": "Follow-up assessments", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "103. Enhancing SENTRI, FAST, and NEXUS preenrollment programs \n(a) Sense of Congress \nIt is the sense of the Congress that preenrollment programs should be expanded to all major ports of entry because these programs assist our frontline officers in the fight against terrorism. These programs allow inspectors to focus more closely on unknown travelers by subjecting participants to in depth background and watch list checks. (b) Permanent authorization \n(1) In general \nThe Secretary of Homeland Security shall make permanent pre-enrollment programs that subject participants who are aliens, and citizens of the United States, to criminal and watch list screenings and fingerprint checks prior to enrolling in order to gain expedited inspections at ports of entry. (2) Specific programs \nThe programs described in paragraph (1) shall include, at a minimum, the following: (A) The Free and Secure Trade, or FAST , program authorized under subpart B of title IV of the Tariff Act of 1930 (19 U.S.C 1411 et seq). (B) The Secure Electronic Network for Travelers Rapid Inspection, or SENTRI , program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (C) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (D) Successor programs to the programs described in subparagraphs (A) through (C). (c) Authorization of funds necessary to build adequate infrastructure to render programs effective \nThere are authorized to be appropriated such funds as may be necessary to improve infrastructure to enhance access to pre-enrollment lanes, and to accomplish all the other purposes outlined in this section, in order to facilitate inspections and expedite the flow of travel and commerce. (d) Reduction of program fees \nThe Secretary of Homeland Security may reduce the enrollment fees for the programs described in subsection (a) if necessary to encourage participation. (e) Creation of remote enrollment centers \nThe Secretary shall create a minimum of 4 remote enrollment centers, away from the borders of the United States, for such programs in major population centers where there is a demand for such a service. (f) Creation of appeals process \nThe Secretary of Homeland Security must establish a process to review actions that terminate the participation of travelers in pre-enrollment programs. (g) Report on budget, program use, and enforcement \nThe Secretary of Homeland Security annually shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on the programs described in subsection (a). The report should include a review of costs associated with the programs, including— (1) areas of program expansion within a port-of-entry, to other ports-of-entry and to other modes of travel including air, mass transit, bicycle and pedestrians; (2) the cost of upgrade and maintenance needs; (3) update on status and expansion of enrollment centers; (4) infrastructure needs on the US, Canadian, and Mexican sides of the border to enhance the programs; (5) universal access through ports; (6) technology and database enhancements to link watch lists to the programs; (7) the feasibility of incorporating radio frequency enabled travel documents into the programs, such as passports, alien registration cards, and other documents; (8) the cost of enabling all inspection lanes with pre-enrollment technology; (9) public information campaign and relevant associated costs; and (10) for each pre-enrollment location— (A) total vehicles processed per month; (B) total pre-enrolled vehicles processed per month; (C) total pre-enrolled vehicles processed per day; (D) total nonenrolled vehicles processed per month; (E) total nonenrolled vehicles processed per day; (F) completed compliance checks performed per month; (G) duration of inspections; (H) number of passengers per vehicle; (I) basis for apprehension of violator; (J) types of violation; and (K) enforcement actions.", "id": "H6179E114273048B38CC7BA722C36C00", "header": "Enhancing SENTRI, FAST, and NEXUS preenrollment programs", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of the Congress that preenrollment programs should be expanded to all major ports of entry because these programs assist our frontline officers in the fight against terrorism. These programs allow inspectors to focus more closely on unknown travelers by subjecting participants to in depth background and watch list checks.", "id": "H60F5737B05A44924B9B884AA27FEAC46", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Permanent authorization \n(1) In general \nThe Secretary of Homeland Security shall make permanent pre-enrollment programs that subject participants who are aliens, and citizens of the United States, to criminal and watch list screenings and fingerprint checks prior to enrolling in order to gain expedited inspections at ports of entry. (2) Specific programs \nThe programs described in paragraph (1) shall include, at a minimum, the following: (A) The Free and Secure Trade, or FAST , program authorized under subpart B of title IV of the Tariff Act of 1930 (19 U.S.C 1411 et seq). (B) The Secure Electronic Network for Travelers Rapid Inspection, or SENTRI , program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (C) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (D) Successor programs to the programs described in subparagraphs (A) through (C).", "id": "H366FFB77C58441E88DC5BBC4D8B3ED21", "header": "Permanent authorization", "nested": [], "links": [ { "text": "8 U.S.C. 1356(q)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" }, { "text": "8 U.S.C. 1356(q)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" } ] }, { "text": "(c) Authorization of funds necessary to build adequate infrastructure to render programs effective \nThere are authorized to be appropriated such funds as may be necessary to improve infrastructure to enhance access to pre-enrollment lanes, and to accomplish all the other purposes outlined in this section, in order to facilitate inspections and expedite the flow of travel and commerce.", "id": "HD9C96C6FF54E45A7941552AA5000D0F8", "header": "Authorization of funds necessary to build adequate infrastructure to render programs effective", "nested": [], "links": [] }, { "text": "(d) Reduction of program fees \nThe Secretary of Homeland Security may reduce the enrollment fees for the programs described in subsection (a) if necessary to encourage participation.", "id": "H848FCF30DDBE40D486CA50D4005F008E", "header": "Reduction of program fees", "nested": [], "links": [] }, { "text": "(e) Creation of remote enrollment centers \nThe Secretary shall create a minimum of 4 remote enrollment centers, away from the borders of the United States, for such programs in major population centers where there is a demand for such a service.", "id": "H61849DE996BE40A493A72CD200F4C75", "header": "Creation of remote enrollment centers", "nested": [], "links": [] }, { "text": "(f) Creation of appeals process \nThe Secretary of Homeland Security must establish a process to review actions that terminate the participation of travelers in pre-enrollment programs.", "id": "HE9881678A9F44D099457A15F74656017", "header": "Creation of appeals process", "nested": [], "links": [] }, { "text": "(g) Report on budget, program use, and enforcement \nThe Secretary of Homeland Security annually shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on the programs described in subsection (a). The report should include a review of costs associated with the programs, including— (1) areas of program expansion within a port-of-entry, to other ports-of-entry and to other modes of travel including air, mass transit, bicycle and pedestrians; (2) the cost of upgrade and maintenance needs; (3) update on status and expansion of enrollment centers; (4) infrastructure needs on the US, Canadian, and Mexican sides of the border to enhance the programs; (5) universal access through ports; (6) technology and database enhancements to link watch lists to the programs; (7) the feasibility of incorporating radio frequency enabled travel documents into the programs, such as passports, alien registration cards, and other documents; (8) the cost of enabling all inspection lanes with pre-enrollment technology; (9) public information campaign and relevant associated costs; and (10) for each pre-enrollment location— (A) total vehicles processed per month; (B) total pre-enrolled vehicles processed per month; (C) total pre-enrolled vehicles processed per day; (D) total nonenrolled vehicles processed per month; (E) total nonenrolled vehicles processed per day; (F) completed compliance checks performed per month; (G) duration of inspections; (H) number of passengers per vehicle; (I) basis for apprehension of violator; (J) types of violation; and (K) enforcement actions.", "id": "H5D45354444824B45A7D7F24D6657D6E", "header": "Report on budget, program use, and enforcement", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "8 U.S.C. 1356(q)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" }, { "text": "8 U.S.C. 1356(q)", "legal-doc": "usc", "parsable-cite": "usc/8/1356" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "111. Deployment of surveillance systems along the U.S.-Mexico border \n(a) Plan \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a comprehensive plan to fully deploy technological surveillance systems along the U.S.-Mexico border. Surveillance systems included in the deployment plan must— (1) ensure continuous monitoring of every mile of the U.S.-Mexico border; and (2) to the extent practicable, be fully interoperable with existing surveillance systems, such as the Integrated Surveillance Intelligence Systems already in use by the Department of Homeland Security. Additionally, the deployment plan should include, but not be limited to, the following elements: (3) A description of the specific technology to be deployed. (4) An assessment of the success of existing technologies to determine if one technology is better than another, or whether there is a way to combine the capabilities of various detection devices into a single device. (5) A description of the technological features of surveillance systems allowing for compatibility, if practicable, with existing surveillance technologies. (6) A description of how the U.S. Border Patrol is working, or will work, with the Directorate of Science and Technology to analyze high altitude monitoring technologies (such as unmanned aerial vehicles and tethered aerostat radar systems) for use with land-based monitoring technologies. (7) A description of how radiation portal monitors will be deployed to ports of entry along the U.S.-Mexico border, and other border locations, consistent with section 114. (8) A description of how K–9 detection units will be increased along the U.S.-Mexico border, consistent with section 113. (9) A description of how surveillance technology will provide for continuous monitoring of the border. (10) The identification of any obstacles that may impede full implementation of the deployment plan. (11) A detailed estimate of all costs associated with the implementation of the deployment plan. (b) Deployment \nNot later than September 30, 2006, the Secretary of Homeland Security shall fully implement the plan described in subsection (a). (c) Report \nNot later than September 30, 2005, the Secretary of Homeland Security shall submit the plan described in subsection (a) to the appropriate congressional committee (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2005 and 2006, and such sums as may be necessary for each succeeding fiscal year.", "id": "H45D42CB2608441B2B1BB641820A98845", "header": "Deployment of surveillance systems along the U.S.-Mexico border", "nested": [ { "text": "(a) Plan \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a comprehensive plan to fully deploy technological surveillance systems along the U.S.-Mexico border. Surveillance systems included in the deployment plan must— (1) ensure continuous monitoring of every mile of the U.S.-Mexico border; and (2) to the extent practicable, be fully interoperable with existing surveillance systems, such as the Integrated Surveillance Intelligence Systems already in use by the Department of Homeland Security. Additionally, the deployment plan should include, but not be limited to, the following elements: (3) A description of the specific technology to be deployed. (4) An assessment of the success of existing technologies to determine if one technology is better than another, or whether there is a way to combine the capabilities of various detection devices into a single device. (5) A description of the technological features of surveillance systems allowing for compatibility, if practicable, with existing surveillance technologies. (6) A description of how the U.S. Border Patrol is working, or will work, with the Directorate of Science and Technology to analyze high altitude monitoring technologies (such as unmanned aerial vehicles and tethered aerostat radar systems) for use with land-based monitoring technologies. (7) A description of how radiation portal monitors will be deployed to ports of entry along the U.S.-Mexico border, and other border locations, consistent with section 114. (8) A description of how K–9 detection units will be increased along the U.S.-Mexico border, consistent with section 113. (9) A description of how surveillance technology will provide for continuous monitoring of the border. (10) The identification of any obstacles that may impede full implementation of the deployment plan. (11) A detailed estimate of all costs associated with the implementation of the deployment plan.", "id": "H79CA17C745574DA9B9885436A757BB51", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Deployment \nNot later than September 30, 2006, the Secretary of Homeland Security shall fully implement the plan described in subsection (a).", "id": "HB948A55D159F4097B0757C0458452057", "header": "Deployment", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than September 30, 2005, the Secretary of Homeland Security shall submit the plan described in subsection (a) to the appropriate congressional committee (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HEB57A9DB53374D95A9526BB66E84806B", "header": "Report", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2005 and 2006, and such sums as may be necessary for each succeeding fiscal year.", "id": "H3903C1FCBD29469291A51168FECBA51B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "112. Deployment of surveillance systems along the US–Canadian border \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a plan to install surveillance systems along the U.S.-Canadian border and provide the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) with a cost estimate and deployment schedule designed to implement such plan.", "id": "H331DEC29DF5B466A866B1C00341F5190", "header": "Deployment of surveillance systems along the US–Canadian border", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "113. Level of K–9 units \n(a) In general \nThe Secretary of Homeland Security shall increase the number of K–9 units working within U.S. Customs and Border Protection, including adding infrastructure, officers ,and support staff necessary for each unit, by 20 percent above levels in existence at the end of fiscal year 2004. (b) Use of new units \nThe K–9 units added under subsection (a) shall be distributed proportionately to both the U.S.-Mexico border and the U.S.-Canadian border, and be used only for bomb, passenger, and currency detection purposes. (c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H7EFDE72B855449A4A2FE7FBD7C7D1D13", "header": "Level of K–9 units", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall increase the number of K–9 units working within U.S. Customs and Border Protection, including adding infrastructure, officers ,and support staff necessary for each unit, by 20 percent above levels in existence at the end of fiscal year 2004.", "id": "HDF729E1F60B846B98E658C663D33BD01", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of new units \nThe K–9 units added under subsection (a) shall be distributed proportionately to both the U.S.-Mexico border and the U.S.-Canadian border, and be used only for bomb, passenger, and currency detection purposes.", "id": "HB0DB088FC8A0498DB8FBB22100048E4", "header": "Use of new units", "nested": [], "links": [] }, { "text": "(c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H7FAAA49C19F9447DBB9B38137FB175AA", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "114. Deployment of radiation portal monitors on the southern border \n(a) In general \nThe Secretary of Homeland Security shall ensure radiation portal monitors are installed at all southern border ports of entry not later than September 30, 2005. (b) Authorization of appropriations \nThere are authorized to be appropriated $49,000,000 to carry out this section.", "id": "HFF85C929D35F43A5A557BCE967E473C", "header": "Deployment of radiation portal monitors on the southern border ", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall ensure radiation portal monitors are installed at all southern border ports of entry not later than September 30, 2005.", "id": "H0E5807D8229B400E8506B3B37C41B1B5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated $49,000,000 to carry out this section.", "id": "H12CB09A17C67489B86E47F36C0DAB300", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "121. Double the number of CBP personnel \n(a) Temporary increase in personnel \nPending congressional consideration of the study described in section 122, there are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary— (1) to double, as compared to the number of such positions which existed at the end of fiscal year 2004, the number of positions for U.S. Customs and Border Protection personnel (including support personnel) at and between our nation's ports of entry; (2) to establish, not later than September 30, 2005, at least one Border Patrol unit for the Virgin Islands of the United States; and (3) to establish facilities in which the additional personnel described in paragraph (1) may work. (b) Waiver of limitation \nThe Secreta ry of Homeland Security is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of subsection (a).", "id": "HC793338F2F1D485B9EF806CB47B4C800", "header": "Double the number of CBP personnel", "nested": [ { "text": "(a) Temporary increase in personnel \nPending congressional consideration of the study described in section 122, there are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary— (1) to double, as compared to the number of such positions which existed at the end of fiscal year 2004, the number of positions for U.S. Customs and Border Protection personnel (including support personnel) at and between our nation's ports of entry; (2) to establish, not later than September 30, 2005, at least one Border Patrol unit for the Virgin Islands of the United States; and (3) to establish facilities in which the additional personnel described in paragraph (1) may work.", "id": "H093EE6D345124C4CA9DBC031736D8B89", "header": "Temporary increase in personnel", "nested": [], "links": [] }, { "text": "(b) Waiver of limitation \nThe Secreta ry of Homeland Security is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of subsection (a).", "id": "HA7EEBA799B2E4D5197377C40438DAD22", "header": "Waiver of limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "122. Assessing staffing needs at our borders \nThe Secretary of Homeland Security shall contract with an independent entity to undertake a study to determine the necessary level and allocation of personnel, including support staff, at United States ports of entry and border patrol sectors. The study shall take into account, at a minimum, the overall mission of U.S. Customs and Border Protection, threat and vulnerability information pertaining to the nation’s borders and ports of entry, the impact of new border security programs, policies and technologies, and an analysis of traffic volumes and wait times at ports of entry. The study is to be provided to the appropriate congressional committees, as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ), not later than 1 year after the date of the enactment of this Act.", "id": "H5326EE6AD45C42D69FE66ED4C371C13", "header": "Assessing staffing needs at our borders", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "123. Additional and continuous training for inspectors \n(a) In general \nThe Secretary of Homeland Security shall provide appropriate training for inspectors, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. (b) Language training \nThe Secretary of Homeland Security ensure that inspectors assigned to the southern border are proficient in Spanish language, and shall provide training to inspectors in Spanish and other languages determined to be necessary in carrying out anti-terrorism and law enforcement functions. The Secretary of Homeland Security shall provide, where necessary, appropriate language training to inspectors and border patrol agents on the northern border. (c) Retention and development of experts \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall make recommendations to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on how the current Department of Homeland Security personnel system should be modified to allow for the retention and development of immigration and customs experts, to include the creation of new positions.", "id": "H6ED78F39C2CF4A1EA04D61F9FF50B4F1", "header": "Additional and continuous training for inspectors", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall provide appropriate training for inspectors, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States.", "id": "H43F44067B5AB40FC9CE65DE0ED0963E7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Language training \nThe Secretary of Homeland Security ensure that inspectors assigned to the southern border are proficient in Spanish language, and shall provide training to inspectors in Spanish and other languages determined to be necessary in carrying out anti-terrorism and law enforcement functions. The Secretary of Homeland Security shall provide, where necessary, appropriate language training to inspectors and border patrol agents on the northern border.", "id": "HB27C252D88B043440061642451164B70", "header": "Language training", "nested": [], "links": [] }, { "text": "(c) Retention and development of experts \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall make recommendations to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on how the current Department of Homeland Security personnel system should be modified to allow for the retention and development of immigration and customs experts, to include the creation of new positions.", "id": "H7969A69B8F5D465C81EF045109FC0451", "header": "Retention and development of experts", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "124. Requiring report on the One Face at the Border Initiative \n(a) In general \nNot later than September 30 of each of the calendar years 2005 and 2006, the Commissioner of Customs shall prepare and submit to Congress a report— (1) describing and analyzing the goals, success, and shortfalls of the One Face at the Border Initiative at enhancing security and facilitating travel; (2) providing a breakdown of the number of personnel of U.S. Customs and Border Protection that were personnel of the United States Customs Service prior to the establishment of the Department of Homeland Security, that were personnel of the Immigration and Naturalization Service prior to the establishment of the Department of Homeland Security, and that were hired after the establishment of the Department of Homeland Security; (3) describing the training time provided to each employee on an annual basis for the various training components of the One Face at the Border Initiative; (4) outlining the steps taken by U.S. Customs and Border Protection to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative; and (5) reviewing whether the missions of customs, agriculture, and immigration are equally emphasized. (b) Assessment of report \nThe Comptroller General of the United States shall the review the reports submitted under subsection (a) and shall provide an assessment to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) regarding the effectiveness of the One Face at the Border Initiative.", "id": "H15FF680D7F6D43AC8CBFDC81E35B2BAD", "header": "Requiring report on the One Face at the Border Initiative", "nested": [ { "text": "(a) In general \nNot later than September 30 of each of the calendar years 2005 and 2006, the Commissioner of Customs shall prepare and submit to Congress a report— (1) describing and analyzing the goals, success, and shortfalls of the One Face at the Border Initiative at enhancing security and facilitating travel; (2) providing a breakdown of the number of personnel of U.S. Customs and Border Protection that were personnel of the United States Customs Service prior to the establishment of the Department of Homeland Security, that were personnel of the Immigration and Naturalization Service prior to the establishment of the Department of Homeland Security, and that were hired after the establishment of the Department of Homeland Security; (3) describing the training time provided to each employee on an annual basis for the various training components of the One Face at the Border Initiative; (4) outlining the steps taken by U.S. Customs and Border Protection to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative; and (5) reviewing whether the missions of customs, agriculture, and immigration are equally emphasized.", "id": "HB85C354CE5DF455CBB33ECEB3F4CE96C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Assessment of report \nThe Comptroller General of the United States shall the review the reports submitted under subsection (a) and shall provide an assessment to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) regarding the effectiveness of the One Face at the Border Initiative.", "id": "H9587D6ADB30E46A596C8B42B9734173F", "header": "Assessment of report", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "131. Land border security strategy \n(a) In general \nThe Secretary of Homeland Security, in consultation with the heads of all other Federal agencies with border-related functions or with facilities or lands on or along the border, shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) unclassified and classified versions of a unified, comprehensive strategy to secure the land borders of the United States not later than 6 months after the date of the enactment of this Act. The submission should include a description of the actions already taken to implement the strategy. (b) Contents \nThe report shall cover the following areas: (1) Personnel. (2) Infrastructure. (3) Technology. (4) Coordination of intelligence among agencies. (5) Legal responsibilities. (6) Criminal statutes. (7) Apprehension goals. (8) Prosecutorial guidelines. (9) Economic impact. (10) Flow of commerce. (c) Consultation \nIn creating the strategy described in subsection (a), the Federal agencies described in such subsection shall consult private sector organizations and nongovernmental organizations with national security, privacy, agriculture, immigration, customs, transportation, technology, legal, and business expertise. (d) Implementation \nThe Secretary shall implement the strategy not later than 12 months after the date of the enactment of this Act. (e) Evaluation \nThe Comptroller General of the United States shall track, monitor, and evaluate such strategy to secure our borders to determine its efficacy. (f) Report \nNot later than 15 months after the date of the enactment of this Act, and every year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Congress on the results of the activities undertaken under subsection (a) during the previous year. Each such report shall include an analysis of the degree to which the border security strategy has been effective in securing our borders. Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to improve and increase border security.", "id": "HEC96B8C4B2C8418D82B3D5E728D72231", "header": "Land border security strategy", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security, in consultation with the heads of all other Federal agencies with border-related functions or with facilities or lands on or along the border, shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) unclassified and classified versions of a unified, comprehensive strategy to secure the land borders of the United States not later than 6 months after the date of the enactment of this Act. The submission should include a description of the actions already taken to implement the strategy.", "id": "HFA89D31B113D4C42B4B892A0207B49B7", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(b) Contents \nThe report shall cover the following areas: (1) Personnel. (2) Infrastructure. (3) Technology. (4) Coordination of intelligence among agencies. (5) Legal responsibilities. (6) Criminal statutes. (7) Apprehension goals. (8) Prosecutorial guidelines. (9) Economic impact. (10) Flow of commerce.", "id": "HB826ADB3C1934810939785EF98869145", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn creating the strategy described in subsection (a), the Federal agencies described in such subsection shall consult private sector organizations and nongovernmental organizations with national security, privacy, agriculture, immigration, customs, transportation, technology, legal, and business expertise.", "id": "HBAFC25E5DCAF4D62B6DF83B34E00D8CF", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Implementation \nThe Secretary shall implement the strategy not later than 12 months after the date of the enactment of this Act.", "id": "H79C74BFE5D55449C9FD36E707868A8D7", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Evaluation \nThe Comptroller General of the United States shall track, monitor, and evaluate such strategy to secure our borders to determine its efficacy.", "id": "H61A15F075AF6422EA5E36FD608BFCA64", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(f) Report \nNot later than 15 months after the date of the enactment of this Act, and every year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Congress on the results of the activities undertaken under subsection (a) during the previous year. Each such report shall include an analysis of the degree to which the border security strategy has been effective in securing our borders. Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to improve and increase border security.", "id": "H9B62213FEACE4DD6862F25076B4129EE", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "132. Improved Information Sharing \nThe Secretary of Homeland Security shall, not later than October 1, 2005— (1) integrate the IDENT and IAFIS databases; and (2) make interoperable databases used by inspectors in secondary inspections.", "id": "H0BF9F213E7474E27B1F4004E004ED28F", "header": "Improved Information Sharing", "nested": [], "links": [] }, { "text": "133. Creation of northern and southern border coordinators \n(a) In general \nTitle IV of the Homeland Security Act of 2002 (6 U.S.C. 201 seq.) is amended— (1) in section 402, by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: (8) Increasing the security of the United States at the ports of entry located along the northern and southern borders, and improving the coordination among the agencies responsible for maintaining that security. ; and (2) in subtitle C, by adding at the end the following: 431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.. (b) Clerical amendment \nSection 1(b) of such Act is amended in the table of contents by inserting after the item relating to section 430 the following: Sec. 431. Border coordinators.", "id": "H401A725340B44F988D6EE2E484E129AA", "header": "Creation of northern and southern border coordinators", "nested": [ { "text": "(a) In general \nTitle IV of the Homeland Security Act of 2002 (6 U.S.C. 201 seq.) is amended— (1) in section 402, by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: (8) Increasing the security of the United States at the ports of entry located along the northern and southern borders, and improving the coordination among the agencies responsible for maintaining that security. ; and (2) in subtitle C, by adding at the end the following: 431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States..", "id": "HA484D8AF4BEF403AA3EFC61D08A6ADC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nSection 1(b) of such Act is amended in the table of contents by inserting after the item relating to section 430 the following: Sec. 431. Border coordinators.", "id": "HCC8CE469D57C495E91AE78AE907F9543", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.", "id": "H8A7D0846FD4B470C83FF67BA5C45B4B", "header": "Border coordinators", "nested": [ { "text": "(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security.", "id": "H9C48AB774ACC4AD58843011BC5C0036", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.", "id": "H976AFBFD949945EFBE07716B2F705E47", "header": "Responsibilities", "nested": [], "links": [] } ], "links": [] }, { "text": "134. Smart Border Accord implementation \nThe President shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) information about the ongoing progress on implementation of the Smart Border Accords through quarterly updates on meetings of the Smart Border Working Group.", "id": "H945052DFF10A4EAA8BF0CDC0011B53E0", "header": "Smart Border Accord implementation", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "135. Sense of Congress on the period of admission for border crossing card holders \n(a) Sense of Congress \nIt is the sense of the Congress that citizens and nationals of Mexico should be treated with parity in relation to citizens and nationals of Canada in establishing the periods of time they are lawfully permitted to remain in the United States. (b) Modification to documentary requirements \nNotwithstanding any other provision of law, once section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note) is fully implemented, the period of admission for an alien entering the United States under a border crossing card shall be 6 months.", "id": "H6728CF42977F48BEA61FADA92C83BC88", "header": "Sense of Congress on the period of admission for border crossing card holders", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of the Congress that citizens and nationals of Mexico should be treated with parity in relation to citizens and nationals of Canada in establishing the periods of time they are lawfully permitted to remain in the United States.", "id": "HF90E4D366D3449ACA9B53CA1A605CA98", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Modification to documentary requirements \nNotwithstanding any other provision of law, once section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note) is fully implemented, the period of admission for an alien entering the United States under a border crossing card shall be 6 months.", "id": "H9BE23A42C14E48B782EEB1C133CCA6FD", "header": "Modification to documentary requirements", "nested": [], "links": [ { "text": "8 U.S.C. 1221", "legal-doc": "usc", "parsable-cite": "usc/8/1221" } ] } ], "links": [ { "text": "8 U.S.C. 1221", "legal-doc": "usc", "parsable-cite": "usc/8/1221" } ] }, { "text": "141. Creating a more effective entry-exit system \n(a) Creation of a US–VISIT outreach office \n(1) In general \nThe Secretary of Homeland Security shall create an “Office of US–VISIT Outreach” that will inform on a regular basis local border officials, residents, and businesses about developments in the US–VISIT program. Specifically, this office shall provide information to local border officials, residents, and businesses, and seek guidance from such persons and entities about, the practical effects to border communities of the implementation of US–VISIT. (2) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Task force on integrated entry and exit system \n(1) Sense of Congress \nIt is the sense of the Congress that the work of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note)was prematurely terminated, robbing the Department of Homeland Security of the very expertise needed to properly set the requirements for, and validate the work of, contractors on information technology programs, particularly the US–VISIT program. (2) Termination \nSection 3(i) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note) is amended to read as follows: (i) Termination \nThe Task Force shall terminate on a date designated by the Secretary of Homeland Security as the date on which the work of the Task Force has been completed, except that such designated date may not be earlier than December 21, 2008.. (c) Electronic arrival/departure records \n(1) Not later than December 31, 2005, the Secretary of Homeland Security— (A) shall ensure that the functions served by Department of Homeland Security paper Form Number I–94 (Arrival/Departure Record) and Form Number I–94W (NIV Waiver Arrival/Departure Record) are being carried out by electronic means; and (B) shall eliminate such forms. (2) Implementation plan \nNot later than December 31, 2004, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan describing the measures the Secretary is taking to carry out subsection (c) before the deadline described in such subsection.", "id": "HF8038131161A4359B11CA6BA95C005E", "header": "Creating a more effective entry-exit system", "nested": [ { "text": "(a) Creation of a US–VISIT outreach office \n(1) In general \nThe Secretary of Homeland Security shall create an “Office of US–VISIT Outreach” that will inform on a regular basis local border officials, residents, and businesses about developments in the US–VISIT program. Specifically, this office shall provide information to local border officials, residents, and businesses, and seek guidance from such persons and entities about, the practical effects to border communities of the implementation of US–VISIT. (2) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection.", "id": "H4EF2528D895B43B7A79CF48098BE1F40", "header": "Creation of a US–VISIT outreach office", "nested": [], "links": [] }, { "text": "(b) Task force on integrated entry and exit system \n(1) Sense of Congress \nIt is the sense of the Congress that the work of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note)was prematurely terminated, robbing the Department of Homeland Security of the very expertise needed to properly set the requirements for, and validate the work of, contractors on information technology programs, particularly the US–VISIT program. (2) Termination \nSection 3(i) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note) is amended to read as follows: (i) Termination \nThe Task Force shall terminate on a date designated by the Secretary of Homeland Security as the date on which the work of the Task Force has been completed, except that such designated date may not be earlier than December 21, 2008..", "id": "H559F1D81C56A4F56865C86C5ADA2DA7", "header": "Task force on integrated entry and exit system", "nested": [], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" } ] }, { "text": "(c) Electronic arrival/departure records \n(1) Not later than December 31, 2005, the Secretary of Homeland Security— (A) shall ensure that the functions served by Department of Homeland Security paper Form Number I–94 (Arrival/Departure Record) and Form Number I–94W (NIV Waiver Arrival/Departure Record) are being carried out by electronic means; and (B) shall eliminate such forms. (2) Implementation plan \nNot later than December 31, 2004, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan describing the measures the Secretary is taking to carry out subsection (c) before the deadline described in such subsection.", "id": "HBB718A3C21C940198254A9701B2CAB60", "header": "Electronic arrival/departure records", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" } ] }, { "text": "142. Transportation worker identification card \n(a) In general \nThe Secretary of Homeland Security shall submit a report to the Congress not later than December 31, 2004, regarding the development and distribution of a transportation worker identification card. (b) Contents \nThe report described in subsection (a) shall include information on— (1) the plan for distribution of the card; (2) the eligibility of Canadian and Mexican truck drivers who are certified under the Free and Secure Trade ( FAST ) initiative; (3) selected biometric feature and other security features of the card; and (4) the cost of, and deployment schedule for, card-reading equipment.", "id": "HD717A07B50174A75853F030085004F32", "header": "Transportation worker identification card", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall submit a report to the Congress not later than December 31, 2004, regarding the development and distribution of a transportation worker identification card.", "id": "H38516B27DE70432585477B019266BE00", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report described in subsection (a) shall include information on— (1) the plan for distribution of the card; (2) the eligibility of Canadian and Mexican truck drivers who are certified under the Free and Secure Trade ( FAST ) initiative; (3) selected biometric feature and other security features of the card; and (4) the cost of, and deployment schedule for, card-reading equipment.", "id": "H6367413EA6D9490F98EE814123068E99", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "143. Standards and verification procedures for the security of intermodal cargo containers \n(a) Standards and verification procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of intermodal cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading. (b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of the Interagency Container Working Group and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nIntermodal cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing intermodal cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies to security seals.", "id": "H6D76CD3B10324906930857E61167823", "header": "Standards and verification procedures for the security of intermodal cargo containers", "nested": [ { "text": "(a) Standards and verification procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of intermodal cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading.", "id": "HA235B2B3EE484196B86C5792DE9CEF7C", "header": "Standards and verification procedures", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of the Interagency Container Working Group and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nIntermodal cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing intermodal cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies to security seals.", "id": "H02CFAB89A53C496DB0DE85500A4DCF5", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "144. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico \nIt is the sense of the Congress that— (1) the United States Mission to Mexico plays an important part in ensuring the security of our southern border; (2) this mission must have sufficient staff in order to adequately fulfill their consular responsibilities, an important part of a comprehensive strategy to secure our border; (3) the level of staffing has not kept pace with rising consular workloads; and (4) therefore, appropriations should be authorized for a 25 percent staff increase for the United States mission to Mexico.", "id": "H056ED6CFD6C74FD4B715AD724560D071", "header": "Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico", "nested": [], "links": [] }, { "text": "151. Office of Tribal Security \n(a) Establishment \nThere is established within the Department of Homeland Security the Office of Tribal Security. (b) Director \nThe Office of Tribal Security shall be administered by a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall report directly to the Secretary of Homeland Security. (c) Duties \nThe Director shall be responsible for coordinating relations between the Federal Government and federally recognized Indian tribes on issues relating to homeland security, which shall include the following duties: (1) Providing a point of contact within Department of Homeland Security which shall be responsible for— (A) meeting the broad and complex Federal responsibilities owed to federally recognized Indian tribes by the Department of Homeland Security; and (B) soliciting and, where appropriate, addressing the homeland security concerns of federally recognized Indian tribes and other parties interested in Indian affairs. (2) Communicating relevant policies of the Department of Homeland Security to federally recognized Indian tribes and the public. (3) Promoting internal uniformity of Department of Homeland Security policies relating to Indian country (as defined in section 1151 of title 18, United States Code). (4) Coordinating with the Directorate of Border and Transportation Security and tribal governments to develop a comprehensive border security policy that addresses law enforcement, personnel, and funding issues in Indian country (as defined in section 1151 of title 18, United States Code) on the United States borders with Canada and with Mexico. (5) Coordinating with the Directorate for Information Analysis and Infrastructure Protection and tribal governments to develop appropriate policies for infrastructure protection on Indian lands, as well as information sharing mechanisms with tribal governments. (6) Coordinating with the Directorate of Emergency Preparedness and Response and the Office of State and Local Government Coordination and Preparedness to help ensure that tribal governments are fully informed of, have access to, and may apply for all Department of Homeland Security grant opportunities for emergency response providers, and to develop and achieve preparedness goals for tribal governments that are consistent with national goals for terrorism preparedness, as determined by the Department. (7) Coordinating with the Director of Science and Technology to identify opportunities to conduct research and development of homeland security technologies or scientific understanding for tribal universities or private sector entities. (8) Coordinating with the Office of Citizenship and Immigration Services and other relevant offices within the Department of Homeland Security with immigration service and enforcement related functions to develop policies on issues related to citizenship and the movement of members of federally recognized Indian tribes across the United States border, taking into consideration the unique characteristics of certain federally recognized Indian tribes with jurisdiction over lands adjacent to the Canadian and Mexican borders. (9) Coordinating with other offices within the Department of Homeland Security to develop and implement sound policies regarding Indian country (as defined in section 1151 of title 18, United States Code) and tribal governments.", "id": "H220789C70E0D4EA8BACB30EBDB37B484", "header": "Office of Tribal Security", "nested": [ { "text": "(a) Establishment \nThere is established within the Department of Homeland Security the Office of Tribal Security.", "id": "H2DD0BBDAABA044A4A8004EA1A7779723", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \nThe Office of Tribal Security shall be administered by a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall report directly to the Secretary of Homeland Security.", "id": "HA047287F29D04A8FA2005EEBBB620100", "header": "Director", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Director shall be responsible for coordinating relations between the Federal Government and federally recognized Indian tribes on issues relating to homeland security, which shall include the following duties: (1) Providing a point of contact within Department of Homeland Security which shall be responsible for— (A) meeting the broad and complex Federal responsibilities owed to federally recognized Indian tribes by the Department of Homeland Security; and (B) soliciting and, where appropriate, addressing the homeland security concerns of federally recognized Indian tribes and other parties interested in Indian affairs. (2) Communicating relevant policies of the Department of Homeland Security to federally recognized Indian tribes and the public. (3) Promoting internal uniformity of Department of Homeland Security policies relating to Indian country (as defined in section 1151 of title 18, United States Code). (4) Coordinating with the Directorate of Border and Transportation Security and tribal governments to develop a comprehensive border security policy that addresses law enforcement, personnel, and funding issues in Indian country (as defined in section 1151 of title 18, United States Code) on the United States borders with Canada and with Mexico. (5) Coordinating with the Directorate for Information Analysis and Infrastructure Protection and tribal governments to develop appropriate policies for infrastructure protection on Indian lands, as well as information sharing mechanisms with tribal governments. (6) Coordinating with the Directorate of Emergency Preparedness and Response and the Office of State and Local Government Coordination and Preparedness to help ensure that tribal governments are fully informed of, have access to, and may apply for all Department of Homeland Security grant opportunities for emergency response providers, and to develop and achieve preparedness goals for tribal governments that are consistent with national goals for terrorism preparedness, as determined by the Department. (7) Coordinating with the Director of Science and Technology to identify opportunities to conduct research and development of homeland security technologies or scientific understanding for tribal universities or private sector entities. (8) Coordinating with the Office of Citizenship and Immigration Services and other relevant offices within the Department of Homeland Security with immigration service and enforcement related functions to develop policies on issues related to citizenship and the movement of members of federally recognized Indian tribes across the United States border, taking into consideration the unique characteristics of certain federally recognized Indian tribes with jurisdiction over lands adjacent to the Canadian and Mexican borders. (9) Coordinating with other offices within the Department of Homeland Security to develop and implement sound policies regarding Indian country (as defined in section 1151 of title 18, United States Code) and tribal governments.", "id": "H5FB66669D6324FE3A4BFAC816AD6687", "header": "Duties", "nested": [], "links": [ { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" }, { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" }, { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" } ] } ], "links": [ { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" }, { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" }, { "text": "section 1151", "legal-doc": "usc", "parsable-cite": "usc/18/1151" } ] }, { "text": "152. Transfer of Shadow Wolves from CPB to ICE \n(a) Transfer of Existing Unit \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of U.S. Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit). (b) Establishment of New Units \nThe Secretary is authorized to establish within U.S. Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section. (c) Duties \nThe Customs Patrol Officer unit transferred pursuant to subsection (a) and the additional units established pursuant to subsection (b) shall enforce the customs laws of the United States on Indian lands by preventing the smuggling of narcotics, weapons of mass destruction, and other contraband. (d) Basic Pay for Journeyman Officers \nThe rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not greater than the rate of basic pay for GS–13 of the General Schedule.", "id": "H727CE71E43134970A460AB1BE7ADD50", "header": "Transfer of Shadow Wolves from CPB to ICE", "nested": [ { "text": "(a) Transfer of Existing Unit \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of U.S. Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit).", "id": "HFF4CEB06BFE34AB899CBAA7DA9A01455", "header": "Transfer of Existing Unit", "nested": [], "links": [] }, { "text": "(b) Establishment of New Units \nThe Secretary is authorized to establish within U.S. Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section.", "id": "H2B7F120C3A6E489CA325924F43A8899D", "header": "Establishment of New Units", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Customs Patrol Officer unit transferred pursuant to subsection (a) and the additional units established pursuant to subsection (b) shall enforce the customs laws of the United States on Indian lands by preventing the smuggling of narcotics, weapons of mass destruction, and other contraband.", "id": "HB30A7D2F5DCE4CA9B99BE38805139B2B", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Basic Pay for Journeyman Officers \nThe rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not greater than the rate of basic pay for GS–13 of the General Schedule.", "id": "H41BDD17088CB408C87F635C93656FBF9", "header": "Basic Pay for Journeyman Officers", "nested": [], "links": [] } ], "links": [] }, { "text": "153. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds \n(a) In general \nUntil the completion and implementation of the border security strategy described in section 131 of this Act, the Secretary of Homeland Security is authorized to transfer appropriated funds to the Secretary of Interior in accordance with the memorandum of understanding described in subsection (b) to support the security needs of the Department of the Interior, its bureaus, and tribal entities, including, the protection of border lands, critical infrastructure, and key resources. (b) Memorandum \nThe Secretary of Homeland Security and the Secretary of Interior shall enter into a memorandum of understanding regarding the funds described in subsection (a). This memorandum shall— (1) establish criteria for Department of Interior projects to receive such funding; (2) establish priorities among such projects; and (3) include a description of the scope of activities for such projects, including equipment, recurring maintenance, construction of facilities, recapitalization of facilities, and operations. (c) Report \nThe appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) shall be notified 15 days prior to any transfer of funds. Not later than September 30, 2005, the Secretary of Interior shall submit to the appropriate congressional committees (as so defined) a copy of the memorandum of understanding described in subsection (b).", "id": "H6E22BDEEA5284CCEBD00D7C09882093D", "header": "DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds", "nested": [ { "text": "(a) In general \nUntil the completion and implementation of the border security strategy described in section 131 of this Act, the Secretary of Homeland Security is authorized to transfer appropriated funds to the Secretary of Interior in accordance with the memorandum of understanding described in subsection (b) to support the security needs of the Department of the Interior, its bureaus, and tribal entities, including, the protection of border lands, critical infrastructure, and key resources.", "id": "H75FBC3349FDC495588DDD6CF7783EE0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Memorandum \nThe Secretary of Homeland Security and the Secretary of Interior shall enter into a memorandum of understanding regarding the funds described in subsection (a). This memorandum shall— (1) establish criteria for Department of Interior projects to receive such funding; (2) establish priorities among such projects; and (3) include a description of the scope of activities for such projects, including equipment, recurring maintenance, construction of facilities, recapitalization of facilities, and operations.", "id": "H2DE7CA77817C497E9FA6EEE2C495B872", "header": "Memorandum", "nested": [], "links": [] }, { "text": "(c) Report \nThe appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) shall be notified 15 days prior to any transfer of funds. Not later than September 30, 2005, the Secretary of Interior shall submit to the appropriate congressional committees (as so defined) a copy of the memorandum of understanding described in subsection (b).", "id": "H8FDF76D3AB1B413BBDCCB3815B51B0A7", "header": "Report", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "201. State identification document standards \n(a) Standards for acceptance by Federal agencies \n(1) In general \nA Federal agency may not accept for any identification-related purpose a driver’s license or other comparable identification document issued by a State or subdivision thereof, including a birth certificate, unless the license or document is in a form that is consistent with requirements set forth in regulations promulgated by the Secretary of Homeland Security after consultation with the Department of Transportation, the chief drivers’ license officials of each State, and any other organization determined appropriate by the Secretary that represents the States. The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating the license or document for fraudulent purposes and to limit use of the license or document by impostors. States or subdivisions thereof may use a biometric identifier in addition to these standards if they already do so, or choose to do so. (2) No national identification card \nNothing in this section shall be construed to authorize, directly or indirectly, the establishment, issuance, or use of a national identification card. (3) Deadline \nThe Secretary of Homeland Security shall promulgate the regulations referred to in paragraph (1) not later than 6 months after the date of the enactment of this Act. (b) Grants to State and local governments \n(1) Grants to states \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under that subsection. (2) Grants to local governments \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to local governments to assist them in issuing birth certificates and other comparable identification documents that satisfy the requirements under that subsection. (3) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Effective dates and application \n(1) In general \nExcept as otherwise provided in this subsection, this section shall take effect on the date of the enactment of this Act. (2) Prohibition on Federal agencies \nSubsection (b)(1)— (A) shall take effect beginning on October 1, 2006; and (B) shall apply only to— (i) a license or document issued to an individual for the first time; and (ii) a replacement or renewal license or document issued according to State or local law.", "id": "HC0FE7A06ECA1442C0010E23849B75F70", "header": "State identification document standards", "nested": [ { "text": "(a) Standards for acceptance by Federal agencies \n(1) In general \nA Federal agency may not accept for any identification-related purpose a driver’s license or other comparable identification document issued by a State or subdivision thereof, including a birth certificate, unless the license or document is in a form that is consistent with requirements set forth in regulations promulgated by the Secretary of Homeland Security after consultation with the Department of Transportation, the chief drivers’ license officials of each State, and any other organization determined appropriate by the Secretary that represents the States. The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating the license or document for fraudulent purposes and to limit use of the license or document by impostors. States or subdivisions thereof may use a biometric identifier in addition to these standards if they already do so, or choose to do so. (2) No national identification card \nNothing in this section shall be construed to authorize, directly or indirectly, the establishment, issuance, or use of a national identification card. (3) Deadline \nThe Secretary of Homeland Security shall promulgate the regulations referred to in paragraph (1) not later than 6 months after the date of the enactment of this Act.", "id": "H580095FDB5984B019DB2CA0158EF2D3", "header": "Standards for acceptance by Federal agencies", "nested": [], "links": [] }, { "text": "(b) Grants to State and local governments \n(1) Grants to states \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under that subsection. (2) Grants to local governments \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to local governments to assist them in issuing birth certificates and other comparable identification documents that satisfy the requirements under that subsection. (3) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection.", "id": "H532322482735450FAC6750F465A8E300", "header": "Grants to State and local governments", "nested": [], "links": [] }, { "text": "(c) Effective dates and application \n(1) In general \nExcept as otherwise provided in this subsection, this section shall take effect on the date of the enactment of this Act. (2) Prohibition on Federal agencies \nSubsection (b)(1)— (A) shall take effect beginning on October 1, 2006; and (B) shall apply only to— (i) a license or document issued to an individual for the first time; and (ii) a replacement or renewal license or document issued according to State or local law.", "id": "H34B551E46DA949758C16C14238F262E8", "header": "Effective dates and application", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Training in fraud detection and prevention for officers in divisions of motor vehicles \nThe Federal Law Enforcement Training Center shall create a program to train employees of U.S. Immigration and Customs Enforcement to provide, in the States, training in fraud detection and prevention to State and local law enforcement officers stationed, or intended to be stationed, in divisions of motor vehicles.", "id": "H4F6E386C34424505871BD95305B76C96", "header": "Training in fraud detection and prevention for officers in divisions of motor vehicles", "nested": [], "links": [] }, { "text": "301. Personnel increase \n(a) Authorization \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 225 the number of positions for full-time special agents of U.S. Immigration and Customs Enforcement carrying out duties related to border security above the number of such positions which existed at the end of fiscal year 2004. (b) Sense of Congress \nIt is the sense of the Congress that— (1) since U.S. Immigration and Customs Enforcement plays a key role in the fight against terrorism and in securing the borders, the Secretary of Homeland Security should work expeditiously to ensure all special agents and national security analytical support staff receive a Top Secret security clearance; and (2) maintenance of Top Secret security clearance must be a requirement of continued employment as a special agent.", "id": "H7AC1ADCBC8E847309604E9AE68AFD3F4", "header": "Personnel increase", "nested": [ { "text": "(a) Authorization \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 225 the number of positions for full-time special agents of U.S. Immigration and Customs Enforcement carrying out duties related to border security above the number of such positions which existed at the end of fiscal year 2004.", "id": "H54FFE8C1AEB4456F80B7F8E6BFD9FD8", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of the Congress that— (1) since U.S. Immigration and Customs Enforcement plays a key role in the fight against terrorism and in securing the borders, the Secretary of Homeland Security should work expeditiously to ensure all special agents and national security analytical support staff receive a Top Secret security clearance; and (2) maintenance of Top Secret security clearance must be a requirement of continued employment as a special agent.", "id": "HA7286B640D224FA3AE3495256446A4BF", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "302. ICE strategy and staffing assessment \n(a) In general \nNot later than December 31 of each year, the Secretary of Homeland Security shall submit to the Government Accountability Office and the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written report describing its strategy for deploying human resources (including investigators and support personnel) to accomplish its border security mission. (b) Review \nNot later than 90 days after receiving any report under subsection (a), the Government Accountability Office shall submit to each appropriate congressional committee (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written evaluation of such report, including recommendations pertaining to how U.S. Immigration and Customs Enforcement could better deploy human resources to achieve its border security mission through legislative or administrative action.", "id": "H295F517A0CEE465EB0288C5F2C6CB499", "header": "ICE strategy and staffing assessment", "nested": [ { "text": "(a) In general \nNot later than December 31 of each year, the Secretary of Homeland Security shall submit to the Government Accountability Office and the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written report describing its strategy for deploying human resources (including investigators and support personnel) to accomplish its border security mission.", "id": "H92F59D493D1C4B2898A13A73DE2B72E", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(b) Review \nNot later than 90 days after receiving any report under subsection (a), the Government Accountability Office shall submit to each appropriate congressional committee (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written evaluation of such report, including recommendations pertaining to how U.S. Immigration and Customs Enforcement could better deploy human resources to achieve its border security mission through legislative or administrative action.", "id": "HFB3C9CDEC96A4130B8EF35017C3E7B2", "header": "Review", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "311. Increase in detention space \n(a) Funding increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to ensure an average daily bed occupancy rate of 22,500 for detention and removal operations of U.S. Immigration and Customs Enforcement. (b) Personnel increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 541 the number of positions for full-time employees of U.S. Immigration and Customs Enforcement carrying out duties in detention and removal operations above the number of such positions which existed at the end of fiscal year 2004. (c) Sense of Congress \nIt is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. The Secretary of Homeland Security is directed to move the Office of Detention and Removal Operations from U.S. Immigration and Customs Enforcement to U.S. Customs and Border Protection. (d) Report on homeland security detention needs \nThe Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. This report shall include information on alternatives to detention including electronic monitoring, telephone and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners release from Federal, State, and local prisons. Additionally the report should provide information on countries to which removal is problematic.", "id": "H3C26A459B712420F9D3987CFA7A81F26", "header": "Increase in detention space", "nested": [ { "text": "(a) Funding increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to ensure an average daily bed occupancy rate of 22,500 for detention and removal operations of U.S. Immigration and Customs Enforcement.", "id": "H8AD66E4A51864AB1B2698FA725808D3F", "header": "Funding increase", "nested": [], "links": [] }, { "text": "(b) Personnel increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 541 the number of positions for full-time employees of U.S. Immigration and Customs Enforcement carrying out duties in detention and removal operations above the number of such positions which existed at the end of fiscal year 2004.", "id": "H6B207452860C45AEB66F5F17FCFD58FB", "header": "Personnel increase", "nested": [], "links": [] }, { "text": "(c) Sense of Congress \nIt is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. The Secretary of Homeland Security is directed to move the Office of Detention and Removal Operations from U.S. Immigration and Customs Enforcement to U.S. Customs and Border Protection.", "id": "HE645D660509640E1A79011D4248DA48", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(d) Report on homeland security detention needs \nThe Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. This report shall include information on alternatives to detention including electronic monitoring, telephone and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners release from Federal, State, and local prisons. Additionally the report should provide information on countries to which removal is problematic.", "id": "HB223E3CCA9B04FE897E034A340D379C1", "header": "Report on homeland security detention needs", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "312. Sense of Congress regarding processing of criminal aliens while incarcerated \nIt is the sense of the Congress that immigration cases involving incarcerated criminal aliens should be processed while the criminal alien is in prison. In order to maximize the use of existing detention space, the Department of Homeland Security should work with prisons in which criminal aliens are incarcerated to complete their removal or deportation proceeding before such aliens are released from prison and sent to Federal detention.", "id": "H38DB827B04C743A6A0865040AFEF02E3", "header": "Sense of Congress regarding processing of criminal aliens while incarcerated", "nested": [], "links": [] }, { "text": "313. Sense of Congress regarding increase in prosecutors and immigration judges \nIt is the sense of the Congress that— (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of our immigration laws, and are an important part of a comprehensive strategy; (2) an insufficient number of prosecutors and immigration judges currently exists to enforce the immigration laws of the United States; and (3) therefore, appropriations should be authorized for appropriate staff increases for judicial and prosecutorial offices, commensurate with other personnel increases directed in this Act.", "id": "HC1FDF865A830489EB4608DCA9DCAB2E2", "header": "Sense of Congress regarding increase in prosecutors and immigration judges", "nested": [], "links": [] }, { "text": "351. New class of nonimmigrant aliens \n(a) In general \nSection 101(a)(15)(S) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(S) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the comma at the end and inserting ; or ; (3) by inserting after clause (ii) the following: (iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines— (I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise; (II) is willing to supply or has supplied such information to a Federal or State court; and (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise, ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General after jointly ; and (5) by striking (i) or (ii) and inserting (i), (ii), or (iii). (b) Admission of nonimmigrants \nSection 214(k) of the Immigration and Nationality Act ( 8 U.S.C. 1184(k) ) is amended— (1) by adding at the end of paragraph (1) the following: The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ; and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H8912572E33244905AD0058D442AE32A6", "header": "New class of nonimmigrant aliens", "nested": [ { "text": "(a) In general \nSection 101(a)(15)(S) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(S) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the comma at the end and inserting ; or ; (3) by inserting after clause (ii) the following: (iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines— (I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise; (II) is willing to supply or has supplied such information to a Federal or State court; and (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise, ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General after jointly ; and (5) by striking (i) or (ii) and inserting (i), (ii), or (iii).", "id": "H52E7CB3252DF48E5BD519DA0F7C362D6", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(S)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Admission of nonimmigrants \nSection 214(k) of the Immigration and Nationality Act ( 8 U.S.C. 1184(k) ) is amended— (1) by adding at the end of paragraph (1) the following: The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ; and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H3902A4E9B312481DB6307D9CB617A067", "header": "Admission of nonimmigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1184(k)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(S)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(k)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "352. Adjustment of status of nonimmigrant to that of person admitted for permanent residence \nSection 245(j) of the Immigration and Nationality Act ( 8 U.S.C. 1255(j) ) is amended— (1) in paragraph (3), by striking (1) or (2), and inserting (1), (2), (3), or (4), ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) If, in the opinion of the Secretary of Homeland Security, the Secretary of State, or the Attorney General— (A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and (B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation, the disruption of a commercial alien smuggling operation, or the prosecution of an individual described in subclause (III) of that section, the Secretary of Homeland Security may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). (4) The Secretary of Homeland Security may adjust the status of a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and daughters, and parents of the nonimmigrant if admitted under that section) to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the Secretary of State or the Attorney General. ; and (4) by adding at the end the following: (6) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a person whose status is adjusted under this subsection must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H62CFF23D04E044F4874D7FD44114667B", "header": "Adjustment of status of nonimmigrant to that of person admitted for permanent residence", "nested": [], "links": [ { "text": "8 U.S.C. 1255(j)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "361. Combating aggravated alien smuggling \n(a) Criminal penalties \nSection 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended by adding at the end the following: (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; (C) aliens were transported in a manner that endangered their lives or the aliens presented a life-threatening health risk to people in the United States; or (D) aliens were transported for purposes of prostitution or involuntary servitude.. (b) Rewards program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (e) Rewards program \n(1) Purpose \nThe rewards program shall be designed to assist in the elimination of aggravated alien smuggling. (2) Definition \nFor purposes of this subsection, the term aggravated alien smuggling means a violation for which increased penalties are provided under subsection (a)(4). (3) Administration \nThe rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized \nIn the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to commit an act of aggravated alien smuggling; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an aggravated alien smuggling organization in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an aggravated alien smuggling operation. (5) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility \nAn officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures \nIf the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of an individual who furnishes information or testimony described in paragraph (4), or the identity of any spouse, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification \n(A) Maximum amount \nNo reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a aggravated alien smuggling operation. (B) Approval \nAny reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment \nAny reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.. (c) Outreach program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), as amended by subsection (b), is further amended by adding at the end the following: (f) Outreach program \nThe Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for bringing in and harboring aliens in violation of this section; and (2) the financial rewards and other incentives available under subsection (e) for assisting in the investigation, disruption, or prosecution of an aggravated alien smuggling operation..", "id": "H3F02F5E7DE534562AF3CD4353B20F5ED", "header": "Combating aggravated alien smuggling", "nested": [ { "text": "(a) Criminal penalties \nSection 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended by adding at the end the following: (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; (C) aliens were transported in a manner that endangered their lives or the aliens presented a life-threatening health risk to people in the United States; or (D) aliens were transported for purposes of prostitution or involuntary servitude..", "id": "HDC2B0440A6B84E219F7D053E458785D8", "header": "Criminal penalties", "nested": [], "links": [ { "text": "8 U.S.C. 1324(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] }, { "text": "(b) Rewards program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (e) Rewards program \n(1) Purpose \nThe rewards program shall be designed to assist in the elimination of aggravated alien smuggling. (2) Definition \nFor purposes of this subsection, the term aggravated alien smuggling means a violation for which increased penalties are provided under subsection (a)(4). (3) Administration \nThe rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized \nIn the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to commit an act of aggravated alien smuggling; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an aggravated alien smuggling organization in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an aggravated alien smuggling operation. (5) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility \nAn officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures \nIf the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of an individual who furnishes information or testimony described in paragraph (4), or the identity of any spouse, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification \n(A) Maximum amount \nNo reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a aggravated alien smuggling operation. (B) Approval \nAny reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment \nAny reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security..", "id": "H1918A640DCA6417CAB712E00E88EF7B", "header": "Rewards program", "nested": [], "links": [ { "text": "8 U.S.C. 1324", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] }, { "text": "(c) Outreach program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), as amended by subsection (b), is further amended by adding at the end the following: (f) Outreach program \nThe Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for bringing in and harboring aliens in violation of this section; and (2) the financial rewards and other incentives available under subsection (e) for assisting in the investigation, disruption, or prosecution of an aggravated alien smuggling operation..", "id": "HC7D61B16F13844F6A6DCBA006B2C72B2", "header": "Outreach program", "nested": [], "links": [ { "text": "8 U.S.C. 1324", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] } ], "links": [ { "text": "8 U.S.C. 1324(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "8 U.S.C. 1324", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "8 U.S.C. 1324", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] }, { "text": "362. Increased criminal sentences and fines for alien smuggling \n(a) In general \nSubject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) so as to— (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of— (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 aliens or more from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 18, United States Code; and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity. (b) Exception \nSubsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child). (c) Deadline \nThe United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act.", "id": "H799717E2145445F590622317F5D315C9", "header": "Increased criminal sentences and fines for alien smuggling", "nested": [ { "text": "(a) In general \nSubject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) so as to— (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of— (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 aliens or more from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 18, United States Code; and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity.", "id": "HB36468F7401F47B1B132CFBF6016AA04", "header": "In general", "nested": [], "links": [ { "text": "section 994(p)", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "8 U.S.C. 1324(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "section 1112", "legal-doc": "usc", "parsable-cite": "usc/18/1112" } ] }, { "text": "(b) Exception \nSubsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child).", "id": "HC30A51D664024D3F910000E935E8ABFA", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Deadline \nThe United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act.", "id": "H5D44FD35194E47C4B5B6F3C62C2258CA", "header": "Deadline", "nested": [], "links": [] } ], "links": [ { "text": "section 994(p)", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "8 U.S.C. 1324(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" }, { "text": "section 1112", "legal-doc": "usc", "parsable-cite": "usc/18/1112" } ] }, { "text": "363. Increased penalty for smuggling \n(a) In general \nThe third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘20 years’’. (b) Enhanced penalty for causing death \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide sentencing enhancements for an offense under section 545 of title 18, United States Code, as amended by subsection (a), that results in the death of a person. (c) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission— (1) shall ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) shall avoid duplicative punishments for substantially the same offense.", "id": "H05DC553F024F4D92BA663058AE01B434", "header": "Increased penalty for smuggling", "nested": [ { "text": "(a) In general \nThe third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘20 years’’.", "id": "H00E1AC2966C544CA8B8FF545AA00AACA", "header": "In general", "nested": [], "links": [ { "text": "section 545", "legal-doc": "usc", "parsable-cite": "usc/18/545" } ] }, { "text": "(b) Enhanced penalty for causing death \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide sentencing enhancements for an offense under section 545 of title 18, United States Code, as amended by subsection (a), that results in the death of a person.", "id": "HD3AB513FFF9E4321840025860002EC35", "header": "Enhanced penalty for causing death", "nested": [], "links": [ { "text": "section 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "section 545", "legal-doc": "usc", "parsable-cite": "usc/18/545" } ] }, { "text": "(c) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission— (1) shall ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) shall avoid duplicative punishments for substantially the same offense.", "id": "HD43873A971C74DF3990066D2D3F2226E", "header": "Consistency with other guidelines", "nested": [], "links": [] } ], "links": [ { "text": "section 545", "legal-doc": "usc", "parsable-cite": "usc/18/545" }, { "text": "section 994", "legal-doc": "usc", "parsable-cite": "usc/28/994" }, { "text": "section 545", "legal-doc": "usc", "parsable-cite": "usc/18/545" } ] }, { "text": "401. Office of International Affairs; effective and efficient management and coordination of international assignments \nSection 879(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 459(b) ) is amended by adding at the end the following: (5) To manage all overseas assignments of personnel of the Department, including by coordinating with the Department of State with respect to such assignments and related support matters..", "id": "H3480A04CFC1049CC8513535475BFC8D1", "header": "Office of International Affairs; effective and efficient management and coordination of international assignments", "nested": [], "links": [ { "text": "6 U.S.C. 459(b)", "legal-doc": "usc", "parsable-cite": "usc/6/459" } ] }, { "text": "402. Creation of an Office of Overseas Service \nSection 879 of the Homeland Security Act of 2002 ( 6 U.S.C. 459 ) is amended by adding at the end the following: (c) Office of overseas service \n(1) In general \nThe Secretary shall create an Office of Overseas Service within the Office of International Affairs similar to the Foreign Agricultural Service of the Department of Agriculture and the United States and Foreign Commercial Service of the Department of Commerce. The Director of the Office of International Affairs shall be responsible for administering the Office of Overseas Service. (2) Functions \nThe Office of Overseas Service shall be responsible for the following functions: (A) Serving as the contact for the Department of Homeland Security with the State Department to coordinate overseas assignments. (B) Recruitment of personnel for overseas service. (C) Retention of personnel for overseas service. (D) Oversight of training of personnel for overseas service. (3) Study and report \n(A) Study \nPrior to creating the Office of Overseas Service, the Secretary shall direct the Director of the Office of International Affairs to conduct a study on how best to create a foreign service component for the Department for the purpose of adequately recruiting and retaining personnel who are willing and able to serve in the Department in an overseas capacity. (B) Report \nNot later than January 1, 2005, the Director of the Office of International Affairs shall prepare and submit to the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains the results of the study on creating an Office of Overseas Service conducted pursuant to subparagraph (A) and an implementation plan for carrying out such study’s recommendations..", "id": "HAB2097A1C0B54B778F00BF2FFCC92514", "header": "Creation of an Office of Overseas Service", "nested": [], "links": [ { "text": "6 U.S.C. 459", "legal-doc": "usc", "parsable-cite": "usc/6/459" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "411. Implementing a more effective visa security program \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report— (1) outlining how the Department of Homeland Security will implement the recommendations of the report issued in August 2004 by the Office of the Inspector General of the Department of Homeland Security entitled An Evaluation of DHS Activities to Implement Section 428 of the Homeland Security Act of 2002 ; (2) detailing such department’s progress in implementing each of the recommendations described in paragraph (1); and (3) examining the visa security program’s effectiveness as a counter-terrorism program. (b) Consultation \nIn preparing the report described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of State. (c) Contents \nThe report shall also include the following: (1) Overseas placement of visa security officers \nThe report shall assess the criteria used in deciding where to station or not to station visa security officers (2) Qualifications of visa security officers \nThe report shall assess the skills required of a visa security officer, including required foreign language skills. (3) Duties \nThe report shall contain both the model visa security officer position description and the current duties of the visa security officers stationed overseas. (4) Placement within Department \nThe report shall contain a recommendation on the proper location of the program within Department of Homeland Security to maximize its value as a counter-terrorism program.", "id": "HD719DC35956C41B600D73163B863B587", "header": "Implementing a more effective visa security program", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report— (1) outlining how the Department of Homeland Security will implement the recommendations of the report issued in August 2004 by the Office of the Inspector General of the Department of Homeland Security entitled An Evaluation of DHS Activities to Implement Section 428 of the Homeland Security Act of 2002 ; (2) detailing such department’s progress in implementing each of the recommendations described in paragraph (1); and (3) examining the visa security program’s effectiveness as a counter-terrorism program.", "id": "HA3FD32CA5FEB4086BDE245C9007C8605", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn preparing the report described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of State.", "id": "HC117646399724303B33DE08248C14797", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Contents \nThe report shall also include the following: (1) Overseas placement of visa security officers \nThe report shall assess the criteria used in deciding where to station or not to station visa security officers (2) Qualifications of visa security officers \nThe report shall assess the skills required of a visa security officer, including required foreign language skills. (3) Duties \nThe report shall contain both the model visa security officer position description and the current duties of the visa security officers stationed overseas. (4) Placement within Department \nThe report shall contain a recommendation on the proper location of the program within Department of Homeland Security to maximize its value as a counter-terrorism program.", "id": "H635612E07E874942BAA5BDBFD2B32BE0", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "421. Visa waiver program passenger screening; biographical checks \n(a) In general \nThe Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is required to submit biographical information prior to embarkation. (b) Elements \nThe electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility \nThe system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ). (2) Carrier obligations \nThe system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act ( 8 U.S.C. 1187(a)(5) ) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment \nThe system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee \nThe Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation \nIn developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in immigration, travel, tourism, privacy, national security, or computer security issues.", "id": "H0D33866943704A87A548D4B7C1E6B591", "header": "Visa waiver program passenger screening; biographical checks", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is required to submit biographical information prior to embarkation.", "id": "H274E67AE933C45DA90887FDC5F08B42E", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] }, { "text": "(b) Elements \nThe electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility \nThe system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ). (2) Carrier obligations \nThe system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act ( 8 U.S.C. 1187(a)(5) ) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment \nThe system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee \nThe Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system.", "id": "H8D38F2FE359E4A5989B3A33049A4CA3", "header": "Elements", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1187(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] }, { "text": "(c) Consultation \nIn developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in immigration, travel, tourism, privacy, national security, or computer security issues.", "id": "HFDBD64ACC38547A19B94F2693182884", "header": "Consultation", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" }, { "text": "8 U.S.C. 1101(a)(15)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1187(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] }, { "text": "422. Defining security responsibilities of the Visa Waiver Program Office \n(a) In general \nThe Secretary of Homeland Security shall create a Visa Waiver Program Office. (b) Functions \nThe functions of the head of the Visa Waiver Program Office shall include the following: (1) Developing a plan to submit the annual report required under section 110(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note). (2) Developing protocols and a plan to conduct biennial country reviews. (3) Determining funding levels necessary to support the conduct of country reviews and to carry out the other responsibilities of the office. (4) Developing a process to comprehensively check all lost and stolen passport data provided countries designated as visa waiver program countries under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) against entry and exit data in information systems of the United States. (5) Developing procedures to collect and analyze data concerning the fraudulent use of visa waiver program passports. (6) Including in the country review protocols provisions to review document manufacturing and issuing security practices. (7) Coordinating with the Department of State to establish standard operating procedure for systemic and proactive collection of lost and stolen passport information. (8) Requiring that inventory control numbers and passport numbers be queried in lookout systems. (9) Reviewing policies that allow the return of fraudulent travel documents to those who presented them when they are sent back to their countries of origin.", "id": "HA521B63322FC4B2482FB3EE102D6E10", "header": "Defining security responsibilities of the Visa Waiver Program Office", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall create a Visa Waiver Program Office.", "id": "H40D946F58F9F4078A417E0EB009780A0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Functions \nThe functions of the head of the Visa Waiver Program Office shall include the following: (1) Developing a plan to submit the annual report required under section 110(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note). (2) Developing protocols and a plan to conduct biennial country reviews. (3) Determining funding levels necessary to support the conduct of country reviews and to carry out the other responsibilities of the office. (4) Developing a process to comprehensively check all lost and stolen passport data provided countries designated as visa waiver program countries under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) against entry and exit data in information systems of the United States. (5) Developing procedures to collect and analyze data concerning the fraudulent use of visa waiver program passports. (6) Including in the country review protocols provisions to review document manufacturing and issuing security practices. (7) Coordinating with the Department of State to establish standard operating procedure for systemic and proactive collection of lost and stolen passport information. (8) Requiring that inventory control numbers and passport numbers be queried in lookout systems. (9) Reviewing policies that allow the return of fraudulent travel documents to those who presented them when they are sent back to their countries of origin.", "id": "H6E29A01895A4423A97C2BF300FFF257", "header": "Functions", "nested": [], "links": [ { "text": "8 U.S.C. 1221", "legal-doc": "usc", "parsable-cite": "usc/8/1221" }, { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] } ], "links": [ { "text": "8 U.S.C. 1221", "legal-doc": "usc", "parsable-cite": "usc/8/1221" }, { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] }, { "text": "423. Additional and continuous training for inspectors in fraud and imposter detection \n(a) Fraud detection \nThe Secretary of Homeland Security shall provide inspectors conducting inspections of aliens entering the United States pursuant to the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) with enhanced and continuous training in detecting imposters and in passport and document fraud detection. Additional training should be provided when any program country designated under such section makes changes in its passports. The Secretary shall report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on the amount and the type of training received such inspectors on detecting and handling fraudulent documents. (b) Foreign languages \nThe Secretary of Homeland Security shall provide inspectors described in subsection (a) with foreign language training in languages determined to be necessary to carrying out the anti-terrorism and law enforcement functions of such inspectors. (c) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to develop the capability to scan fraudulent documents and to transmit a high quality color image to the forensic document laboratory. The Secretary of Homeland Security shall ensure that staff is available in the Forensic Document Laboratory on a 24-hour basis to assist in determining the validity of the scanned document.", "id": "HF871F2BE40EA445EB0ECF2E8B9A254C7", "header": "Additional and continuous training for inspectors in fraud and imposter detection", "nested": [ { "text": "(a) Fraud detection \nThe Secretary of Homeland Security shall provide inspectors conducting inspections of aliens entering the United States pursuant to the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) with enhanced and continuous training in detecting imposters and in passport and document fraud detection. Additional training should be provided when any program country designated under such section makes changes in its passports. The Secretary shall report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on the amount and the type of training received such inspectors on detecting and handling fraudulent documents.", "id": "H30434C7930964EEDAA261567EFD3E5E", "header": "Fraud detection", "nested": [], "links": [ { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(b) Foreign languages \nThe Secretary of Homeland Security shall provide inspectors described in subsection (a) with foreign language training in languages determined to be necessary to carrying out the anti-terrorism and law enforcement functions of such inspectors.", "id": "H5CFF2D8DC30640C5BDB5C1DBF292699", "header": "Foreign languages", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to develop the capability to scan fraudulent documents and to transmit a high quality color image to the forensic document laboratory. The Secretary of Homeland Security shall ensure that staff is available in the Forensic Document Laboratory on a 24-hour basis to assist in determining the validity of the scanned document.", "id": "H3AE05D927B5C4713ADCAC1277838E600", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1187", "legal-doc": "usc", "parsable-cite": "usc/8/1187" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "424. Authorization of funds \nThere are authorized to be appropriated such sums as may be necessary to carry out the functions described in this subtitle.", "id": "H13D8C1DE30094D9CAF942300B27804C4", "header": "Authorization of funds", "nested": [], "links": [] }, { "text": "501. Immigration ombudsman \n(a) Extension of authority to all immigration functions \nSection 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended— (1) in subsection (a), by striking Citizenship and Immigration Services and inserting Immigration ; (2) in subsection (b)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection ; and (B) in each of paragraphs (2) and (3), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting such entities ; (3) in subsection (c)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b) ; and (B) in paragraph (2), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection Commissioner ; (4) in subsection (d)— (A) in paragraph (2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; and (B) in paragraph (4), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection Commissioner ; (5) in subsection (e)(2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; (6) in subsection (f)— (A) by amending the subsection heading to read as follows: Responsibilities.— ; (B) by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and the U.S. Customs and Border Protection Commissioner ; and (C) by striking director each place such term appears and inserting person ; and (7) in subsection (g), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b). (b) Public information campaign; private sector input \n(1) In general \nSection 452(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(d) ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) shall launch a public information campaign; and (6) shall establish a group, which shall consist of private individuals, and Federal, State, and local government officials, with expertise in migration, travel, trade, or national security issues, to provide the Ombudsman with private sector input.. (2) Authorization of appropriations \nThere are authorized to be appropriated for such sums as may be necessary to carry out the amendments made by paragraph (1). (c) Additional reporting requirements \nSection 452(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(c) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) shall state the percentage of complaints that can be traced to delays in benefits processing; and (H) shall describe the extent to which delays in benefits processing are attributable to entities outside of the Department, particularly government agencies conducting background checks..", "id": "H8EAE9B3443D94799BD21C4C5EF97FC9E", "header": "Immigration ombudsman", "nested": [ { "text": "(a) Extension of authority to all immigration functions \nSection 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended— (1) in subsection (a), by striking Citizenship and Immigration Services and inserting Immigration ; (2) in subsection (b)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection ; and (B) in each of paragraphs (2) and (3), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting such entities ; (3) in subsection (c)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b) ; and (B) in paragraph (2), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection Commissioner ; (4) in subsection (d)— (A) in paragraph (2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; and (B) in paragraph (4), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection Commissioner ; (5) in subsection (e)(2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; (6) in subsection (f)— (A) by amending the subsection heading to read as follows: Responsibilities.— ; (B) by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and the U.S. Customs and Border Protection Commissioner ; and (C) by striking director each place such term appears and inserting person ; and (7) in subsection (g), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b).", "id": "HD3397FCB16B24C05BA6C009B7CC0D0C", "header": "Extension of authority to all immigration functions", "nested": [], "links": [ { "text": "6 U.S.C. 272", "legal-doc": "usc", "parsable-cite": "usc/6/272" } ] }, { "text": "(b) Public information campaign; private sector input \n(1) In general \nSection 452(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(d) ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) shall launch a public information campaign; and (6) shall establish a group, which shall consist of private individuals, and Federal, State, and local government officials, with expertise in migration, travel, trade, or national security issues, to provide the Ombudsman with private sector input.. (2) Authorization of appropriations \nThere are authorized to be appropriated for such sums as may be necessary to carry out the amendments made by paragraph (1).", "id": "H18E6DDB0F9A5432C85DD1018F5712733", "header": "Public information campaign; private sector input", "nested": [], "links": [ { "text": "6 U.S.C. 272(d)", "legal-doc": "usc", "parsable-cite": "usc/6/272" } ] }, { "text": "(c) Additional reporting requirements \nSection 452(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(c) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) shall state the percentage of complaints that can be traced to delays in benefits processing; and (H) shall describe the extent to which delays in benefits processing are attributable to entities outside of the Department, particularly government agencies conducting background checks..", "id": "H00E0BF5C028C43759E05691600B5B1E2", "header": "Additional reporting requirements", "nested": [], "links": [ { "text": "6 U.S.C. 272(c)", "legal-doc": "usc", "parsable-cite": "usc/6/272" } ] } ], "links": [ { "text": "6 U.S.C. 272", "legal-doc": "usc", "parsable-cite": "usc/6/272" }, { "text": "6 U.S.C. 272(d)", "legal-doc": "usc", "parsable-cite": "usc/6/272" }, { "text": "6 U.S.C. 272(c)", "legal-doc": "usc", "parsable-cite": "usc/6/272" } ] }, { "text": "502. CIS workflow, technology, and staffing assessment \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive assessment of U.S. Citizenship and Immigration Services within the Department of Homeland Security. Such assessment shall include study of personnel, administrative and technical support positions, technology, training, and facilities. (b) Workflow \nAs part of the study, the Comptroller General shall examine all elements of such unit’s workflow, in order to determine the most efficient way to handle its work without compromising security. Any obstacles associated with security matters should be identified and recommendations should be made on ways to minimize such obstacles without compromising security. The Comptroller General should assess the division of work, adequacy of infrastructure (particularly information technology), as well as personnel needs. (c) Interactions with other organizations \nAs part of the study, the Comptroller General shall examine the unit's interactions with other government organizations. Specifically, the Comptroller General shall determine whether existing memoranda of understanding and divisions of responsibility, especially any which pre-date the establishment of the Department of Homeland Security, need to be revised in order to improve the bureau’s service delivery. (d) Backlog cost \nAs part of the study, the Comptroller General shall assess the current cost of maintaining the backlog (as defined in section 203 of the Immigration Services and Infrastructure Improvements Act of 2000 ( 8 U.S.C. 1572 )). (e) Interviews \nThe Comptroller General may interview any front-line personnel, without supervisors present, to determine priorities and needs. (f) Information technology \nAspects of this study related to information technology should be coordinated with the Chief Information Officer for the Department of Homeland Security and should build on the findings of the task force established by section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–215 ). (g) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). It shall include recommendations for resource allocation.", "id": "H6F995D74DAA34299A885ED22D00C346", "header": "CIS workflow, technology, and staffing assessment", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive assessment of U.S. Citizenship and Immigration Services within the Department of Homeland Security. Such assessment shall include study of personnel, administrative and technical support positions, technology, training, and facilities.", "id": "H3EE2058789824C72AD34EFC67E3987C7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Workflow \nAs part of the study, the Comptroller General shall examine all elements of such unit’s workflow, in order to determine the most efficient way to handle its work without compromising security. Any obstacles associated with security matters should be identified and recommendations should be made on ways to minimize such obstacles without compromising security. The Comptroller General should assess the division of work, adequacy of infrastructure (particularly information technology), as well as personnel needs.", "id": "H78AF21670D5A445092CD48FB6E554E87", "header": "Workflow", "nested": [], "links": [] }, { "text": "(c) Interactions with other organizations \nAs part of the study, the Comptroller General shall examine the unit's interactions with other government organizations. Specifically, the Comptroller General shall determine whether existing memoranda of understanding and divisions of responsibility, especially any which pre-date the establishment of the Department of Homeland Security, need to be revised in order to improve the bureau’s service delivery.", "id": "HEB6DB6E1A7044350B3D95E3FC35317CF", "header": "Interactions with other organizations", "nested": [], "links": [] }, { "text": "(d) Backlog cost \nAs part of the study, the Comptroller General shall assess the current cost of maintaining the backlog (as defined in section 203 of the Immigration Services and Infrastructure Improvements Act of 2000 ( 8 U.S.C. 1572 )).", "id": "H6040295674A94FD3A82B11CFA1CA2B8E", "header": "Backlog cost", "nested": [], "links": [ { "text": "8 U.S.C. 1572", "legal-doc": "usc", "parsable-cite": "usc/8/1572" } ] }, { "text": "(e) Interviews \nThe Comptroller General may interview any front-line personnel, without supervisors present, to determine priorities and needs.", "id": "H4B808DD2CE864E1FACDB8F6600E3EAA1", "header": "Interviews", "nested": [], "links": [] }, { "text": "(f) Information technology \nAspects of this study related to information technology should be coordinated with the Chief Information Officer for the Department of Homeland Security and should build on the findings of the task force established by section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–215 ).", "id": "H79D2DF75AC8042CCB100A0F850506E7F", "header": "Information technology", "nested": [], "links": [ { "text": "Public Law 106–215", "legal-doc": "public-law", "parsable-cite": "pl/106/215" } ] }, { "text": "(g) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). It shall include recommendations for resource allocation.", "id": "HECEA4EEBB5B046B68E293F7872BAB9AC", "header": "Submission", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "8 U.S.C. 1572", "legal-doc": "usc", "parsable-cite": "usc/8/1572" }, { "text": "Public Law 106–215", "legal-doc": "public-law", "parsable-cite": "pl/106/215" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "503. Study on biometrics \n(a) In general \nThe Secretary of Homeland Security, in consultation with the Director of the National Institute of Standards and Technology, shall conduct a study of all biometric identifiers that might be collected for purposes of processing and adjudicating applications and petitions for immigration benefits, and shall determine which among these identifiers would be most appropriate for the purposes described in subsection (b). The Secretary shall provide the resources necessary properly to conduct the study. (b) Uses \nIn carrying out subsection (a), the Secretary shall consider the use of a biometric identifier— (1) to register or catalogue a petition or application for an immigration benefit upon submission to the appropriate Federal agency; (2) to check the petitioner or applicant against watch lists; (3) as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ); and (4) to conduct background checks with Federal intelligence agencies. (c) Factors \nThe Secretary shall consider the following factors in making the determination under subsection (a): (1) Accuracy (2) The technology available. (3) Economic considerations. (4) Storage. (5) Efficiency. (d) Submission \nThe study should be completed within one year of enactment, and shall be submitted to the Secretary of State and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H9B92E82F207D481A90357BE686EF4C64", "header": "Study on biometrics", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security, in consultation with the Director of the National Institute of Standards and Technology, shall conduct a study of all biometric identifiers that might be collected for purposes of processing and adjudicating applications and petitions for immigration benefits, and shall determine which among these identifiers would be most appropriate for the purposes described in subsection (b). The Secretary shall provide the resources necessary properly to conduct the study.", "id": "H10435265904F46ED9CE78345EBCD90F6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Uses \nIn carrying out subsection (a), the Secretary shall consider the use of a biometric identifier— (1) to register or catalogue a petition or application for an immigration benefit upon submission to the appropriate Federal agency; (2) to check the petitioner or applicant against watch lists; (3) as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ); and (4) to conduct background checks with Federal intelligence agencies.", "id": "HCDA1AFE36C6D424FB9324D6F2B35008E", "header": "Uses", "nested": [], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" } ] }, { "text": "(c) Factors \nThe Secretary shall consider the following factors in making the determination under subsection (a): (1) Accuracy (2) The technology available. (3) Economic considerations. (4) Storage. (5) Efficiency.", "id": "H25C43610446741B5BB5342400941CB2E", "header": "Factors", "nested": [], "links": [] }, { "text": "(d) Submission \nThe study should be completed within one year of enactment, and shall be submitted to the Secretary of State and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H42EF66CD78C241DCB8E25EFFEBBB6D12", "header": "Submission", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "504. Digitizing immigration functions \n(a) Digitized fingerprints \nNot later than January 1, 2005, all fingerprints taken for purposes of adjudicating an application or petition for an immigration benefit shall be digitized. (b) Registering applications by biometric \nNot later than January 1, 2005, all applications and petitions for an immigration benefit shall be registered or catalogued by the receiving agency using a biometric identifier. Initially, such biometric identifier shall be a fingerprint. Subsequently, the Secretary of Homeland Security may select one or more alternative biometric identifiers to be used for such purposes, taking into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements.", "id": "HD7FA239DDD984BE98455F4B14D6F08E6", "header": "Digitizing immigration functions", "nested": [ { "text": "(a) Digitized fingerprints \nNot later than January 1, 2005, all fingerprints taken for purposes of adjudicating an application or petition for an immigration benefit shall be digitized.", "id": "H29CBB58E4FE34BD68E9204B878FD6C49", "header": "Digitized fingerprints", "nested": [], "links": [] }, { "text": "(b) Registering applications by biometric \nNot later than January 1, 2005, all applications and petitions for an immigration benefit shall be registered or catalogued by the receiving agency using a biometric identifier. Initially, such biometric identifier shall be a fingerprint. Subsequently, the Secretary of Homeland Security may select one or more alternative biometric identifiers to be used for such purposes, taking into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements.", "id": "H854B6DFAF97F44BEBAAD156F61302014", "header": "Registering applications by biometric", "nested": [], "links": [] } ], "links": [] }, { "text": "505. Study on digitizing immigration benefit applications \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive study on digitizing all applications and petitions for an immigration benefit, including digital storage, cataloguing, and the ability to apply for all types of immigration benefits through digital means. The study should consider costs for both the Federal Government and the applicant or petitioner, as well as the feasibility for all types of persons to apply by digital means. (b) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HD90CDAE9D1D949D3BF783220EEBB968", "header": "Study on digitizing immigration benefit applications", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive study on digitizing all applications and petitions for an immigration benefit, including digital storage, cataloguing, and the ability to apply for all types of immigration benefits through digital means. The study should consider costs for both the Federal Government and the applicant or petitioner, as well as the feasibility for all types of persons to apply by digital means.", "id": "H2C708F7658F74CA59D3E0073D109C605", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HE87AE440F4504D2DA5FB23BDE493144D", "header": "Submission", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ]

[ "Judiciary Committee", "Ways and Means Committee", "Homeland Security Committee", "Transportation and Infrastructure Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Taxpayer Abuse Prevention Act.", "id": "H79408BB5DCA7456AADD4ADE505309CE0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prevention of diversion of earned income tax credit benefits \n(a) In general \nSection 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) is amended by adding at the end the following new subsection: (n) Prevention of diversion of credit benefits \nThe right of any individual to any future payment of the credit under this section shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or right shall be subject to any execution, levy, attachment, garnishment, offset, or other legal process except for any outstanding Federal obligation. Any waiver of the protections of this subsection shall be deemed null, void, and of no effect.. (b) Effective date \nThe amendment made by this section shall take effect on the date of the enactment of this Act.", "id": "H96F964D747904A4EBDEC2BAB2211624B", "header": "Prevention of diversion of earned income tax credit benefits", "nested": [ { "text": "(a) In general \nSection 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) is amended by adding at the end the following new subsection: (n) Prevention of diversion of credit benefits \nThe right of any individual to any future payment of the credit under this section shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or right shall be subject to any execution, levy, attachment, garnishment, offset, or other legal process except for any outstanding Federal obligation. Any waiver of the protections of this subsection shall be deemed null, void, and of no effect..", "id": "H8C6663D8F6DF4451A74C4257DE74E8A4", "header": "In general", "nested": [], "links": [ { "text": "Section 32", "legal-doc": "usc", "parsable-cite": "usc/26/32" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect on the date of the enactment of this Act.", "id": "HA9F998F167CB423B9BC3707A073E305", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 32", "legal-doc": "usc", "parsable-cite": "usc/26/32" } ] }, { "text": "3. Prohibition on debt collection offset \n(a) In general \nNo person shall, directly or indirectly, individually or in conjunction or in cooperation with another person, engage in the collection of an outstanding or delinquent debt for any creditor or assignee by means of soliciting the execution of, processing, receiving, or accepting an application or agreement for a refund anticipation loan or refund anticipation check that contains a provision permitting the creditor to repay, by offset or other means, an outstanding or delinquent debt for that creditor from the proceeds of the debtor’s Federal tax refund. (b) Refund anticipation loan \nFor purposes of subsection (a), the term refund anticipation loan means a loan of money or of any other thing of value to a taxpayer because of the taxpayer’s anticipated receipt of a Federal tax refund. (c) Effective date \nThis section shall take effect on the date of the enactment of this Act.", "id": "H427FBE6007D9493E8B36DE2B2BD418BF", "header": "Prohibition on debt collection offset", "nested": [ { "text": "(a) In general \nNo person shall, directly or indirectly, individually or in conjunction or in cooperation with another person, engage in the collection of an outstanding or delinquent debt for any creditor or assignee by means of soliciting the execution of, processing, receiving, or accepting an application or agreement for a refund anticipation loan or refund anticipation check that contains a provision permitting the creditor to repay, by offset or other means, an outstanding or delinquent debt for that creditor from the proceeds of the debtor’s Federal tax refund.", "id": "H8E17E47B889045B398172269C4A1332", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Refund anticipation loan \nFor purposes of subsection (a), the term refund anticipation loan means a loan of money or of any other thing of value to a taxpayer because of the taxpayer’s anticipated receipt of a Federal tax refund.", "id": "H80DA6D8C47734FD8B549B68682CB0040", "header": "Refund anticipation loan", "nested": [], "links": [] }, { "text": "(c) Effective date \nThis section shall take effect on the date of the enactment of this Act.", "id": "H0E522963C9AA419C99B2FEB0F8C04507", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Prohibition of mandatory arbitration \n(a) In general \nAny person that provides a loan to a taxpayer that is linked to or in anticipation of a Federal tax refund for the taxpayer may not include mandatory arbitration of disputes as a condition for providing such a loan. (b) Effective date \nThis section shall apply to loans made after the date of the enactment of this Act.", "id": "HBDA9AD5D6AEA45B0B6AB002684BA44A0", "header": "Prohibition of mandatory arbitration", "nested": [ { "text": "(a) In general \nAny person that provides a loan to a taxpayer that is linked to or in anticipation of a Federal tax refund for the taxpayer may not include mandatory arbitration of disputes as a condition for providing such a loan.", "id": "H06780C403B65443F007DB0E78BA85EC6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThis section shall apply to loans made after the date of the enactment of this Act.", "id": "H226C6D10B9E34157A247E2F8797FF895", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Termination of Debt Indicator program \nThe Secretary of the Treasury shall terminate the Debt Indicator program announced in Internal Revenue Service Notice 99–58.", "id": "H05BF701EF98B4BBA987900AB0BA3461", "header": "Termination of Debt Indicator program", "nested": [], "links": [] }, { "text": "6. Determination of electronic filing goals \n(a) In general \nAny electronically filed Federal tax returns, that result in Federal tax refunds that are distributed by refund anticipation loans, shall not be taken into account in determining if the goals required under section 2001(a)(2) of the Restructuring and Reform Act of 1998 that the Internal Revenue Service have at least 80 percent of all such returns filed electronically by 2007 are achieved. (b) Refund anticipation loan \nFor purposes of subsection (a), the term refund anticipation loan means a loan of money or of any other thing of value to a taxpayer because of the taxpayer’s anticipated receipt of a Federal tax refund.", "id": "H6BF870B7DA284FED910393E777264930", "header": "Determination of electronic filing goals", "nested": [ { "text": "(a) In general \nAny electronically filed Federal tax returns, that result in Federal tax refunds that are distributed by refund anticipation loans, shall not be taken into account in determining if the goals required under section 2001(a)(2) of the Restructuring and Reform Act of 1998 that the Internal Revenue Service have at least 80 percent of all such returns filed electronically by 2007 are achieved.", "id": "H1A7167310AC8438A87A2B4AB343B9702", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Refund anticipation loan \nFor purposes of subsection (a), the term refund anticipation loan means a loan of money or of any other thing of value to a taxpayer because of the taxpayer’s anticipated receipt of a Federal tax refund.", "id": "H6725D32E29814FF900F4277CF3EEF218", "header": "Refund anticipation loan", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Expansion of eligibility for electronic transfer accounts \n(a) In general \nThe last sentence of section 3332(j) of title 31, United States Code, is amended by inserting other than any payment under section 32 of such Code after 1986. (b) Effective date \nThe amendment made by this section shall apply to payments made after the date of the enactment of this Act.", "id": "HEE400EE449DF4622ADE2A96893646B60", "header": "Expansion of eligibility for electronic transfer accounts", "nested": [ { "text": "(a) In general \nThe last sentence of section 3332(j) of title 31, United States Code, is amended by inserting other than any payment under section 32 of such Code after 1986.", "id": "HEE345E71F4694B418682AEBF192D2DA1", "header": "In general", "nested": [], "links": [ { "text": "section 3332(j)", "legal-doc": "usc", "parsable-cite": "usc/31/3332" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to payments made after the date of the enactment of this Act.", "id": "H706A00D32E6940ED9502BA3DFE1F5EB6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 3332(j)", "legal-doc": "usc", "parsable-cite": "usc/31/3332" } ] }, { "text": "8. Program to encourage the use of the advance earned income tax credit \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with such private, nonprofit, and governmental entities as the Secretary determines appropriate, develop and implement a program to encourage the greater utilization of the advance earned income tax credit. (b) Reports \nNot later than the date of the implementation of the program described in subsection (a), and annually thereafter, the Secretary of the Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the elements of such program and progress achieved under such program. (c) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended.", "id": "HEB67C057FA34421EB16654B89DA200AC", "header": "Program to encourage the use of the advance earned income tax credit", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with such private, nonprofit, and governmental entities as the Secretary determines appropriate, develop and implement a program to encourage the greater utilization of the advance earned income tax credit.", "id": "H14188CC4B96C447D86FADA0D921C906", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \nNot later than the date of the implementation of the program described in subsection (a), and annually thereafter, the Secretary of the Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the elements of such program and progress achieved under such program.", "id": "H103206A881594FF1AE2935B3ADF4D025", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended.", "id": "H7FFDADFB75844324B708FA57E2908185", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Program to link taxpayers with direct deposit accounts at federally insured depository institutions \n(a) Establishment of program \nNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall enter into cooperative agreements with federally insured depository institutions to provide low- and moderate-income taxpayers with the option of establishing low-cost direct deposit accounts through the use of appropriate tax forms. (b) Federally insured depository institution \nFor purposes of this section, the term federally insured depository institution means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) and any insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )). (c) Operation of program \nIn providing for the operation of the program described in subsection (a), the Secretary of the Treasury is authorized— (1) to consult with such private and nonprofit organizations and Federal, State, and local agencies as determined appropriate by the Secretary, and (2) to promulgate such regulations as necessary to administer such program. (d) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended.", "id": "H6F1B64CCF0AA4E8997DD46890058C9E1", "header": "Program to link taxpayers with direct deposit accounts at federally insured depository institutions", "nested": [ { "text": "(a) Establishment of program \nNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall enter into cooperative agreements with federally insured depository institutions to provide low- and moderate-income taxpayers with the option of establishing low-cost direct deposit accounts through the use of appropriate tax forms.", "id": "H7908EDBA6B9D4F63B29C23BF27742123", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "(b) Federally insured depository institution \nFor purposes of this section, the term federally insured depository institution means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) and any insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )).", "id": "HDB64B86B9C1A42F8822B0086E05305EE", "header": "Federally insured depository institution", "nested": [], "links": [ { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1752", "legal-doc": "usc", "parsable-cite": "usc/12/1752" } ] }, { "text": "(c) Operation of program \nIn providing for the operation of the program described in subsection (a), the Secretary of the Treasury is authorized— (1) to consult with such private and nonprofit organizations and Federal, State, and local agencies as determined appropriate by the Secretary, and (2) to promulgate such regulations as necessary to administer such program.", "id": "HE0D87B805CB646719E5CA3868C00BC8", "header": "Operation of program", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended.", "id": "HFD10BAA7502D42E78D6DA6DAA0263510", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "12 U.S.C. 1752", "legal-doc": "usc", "parsable-cite": "usc/12/1752" } ] } ]

[ "Financial Services Committee", "Ways and Means Committee" ]

[ { "text": "1. Modification of treatment of adopted children \n(a) In general \nSection 101(b)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(i), by striking a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: and inserting a child adopted while under the age of 18 years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years: ; and (2) in subparagraph (F)— (A) in clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; (ii) by inserting while under the age of 18 years after who has been adopted abroad ; and (iii) by striking the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: and inserting the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 16 years: ; and (B) in clause (ii), by striking except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b). and inserting except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 18 years.. (b) Provisions effective upon entry into force of convention \n(1) In general \nSection 101(b)(1)(G ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(G) ) is amended— (A) in the matter preceding clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; and (ii) by inserting while under the age of 18 years after who has been adopted ; and (B) in clause (i)— (i) in subclause (IV), by striking and at the end; and (ii) by adding at the end the following: (VI) in the case of a child who— (aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or (bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age of 16 years; and. (2) Effective date \nThe amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 ( Public Law 106–279 ). (c) Naturalization purposes \nSection 101(c)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(1) ) is amended to read as follows: (1) The term child means an unmarried person under 21 years of age and includes— (A) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and (B) except as otherwise provided in sections 320 and 321, a child adopted in the United States, if such adoption is officially initiated before the child reaches the age of 16 years and the child is in the legal custody of the adopting parent or parents at the time of such adoption..", "id": "H0433071D092848CE88E5EFA2299FFD6C", "header": "Modification of treatment of adopted children", "nested": [ { "text": "(a) In general \nSection 101(b)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(i), by striking a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: and inserting a child adopted while under the age of 18 years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years and the adoption was officially initiated while the child was under the age of 16 years: ; and (2) in subparagraph (F)— (A) in clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; (ii) by inserting while under the age of 18 years after who has been adopted abroad ; and (iii) by striking the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: and inserting the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States and that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 16 years: ; and (B) in clause (ii), by striking except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 201(b). and inserting except that the Secretary of Homeland Security shall be satisfied that the adoption abroad, or the compliance with domestic preadoption requirements, was officially initiated while the child was under the age of 18 years..", "id": "HAFB6910A01D645F7828C2D7812BD67A2", "header": "In general", "nested": [], "links": [ { "text": "Section 101(b)(1", "legal-doc": "act", "parsable-cite": "INA/101(b)(1" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(b)(1)" } ] }, { "text": "(b) Provisions effective upon entry into force of convention \n(1) In general \nSection 101(b)(1)(G ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(G) ) is amended— (A) in the matter preceding clause (i)— (i) by striking child, under the age of sixteen at the time a petition is filed on the child’s behalf to accord a classification as an immediate relative under section 201(b), who and inserting child who ; and (ii) by inserting while under the age of 18 years after who has been adopted ; and (B) in clause (i)— (i) in subclause (IV), by striking and at the end; and (ii) by adding at the end the following: (VI) in the case of a child who— (aa) has been adopted, the adoption was officially initiated while the child was under the age of 16 years; or (bb) has not been adopted, the approval described in subparagraph (V)(aa) was officially sought while the child was under the age of 16 years; and. (2) Effective date \nThe amendments made by paragraph (1) shall take effect as if included in the enactment of section 302(a) of the Intercountry Adoption Act of 2000 ( Public Law 106–279 ).", "id": "H6E939C04CA6C426D94024D5DA66DDA39", "header": "Provisions effective upon entry into force of convention", "nested": [], "links": [ { "text": "Section 101(b)(1)(G", "legal-doc": "act", "parsable-cite": "INA/101(b)(1)(G" }, { "text": "8 U.S.C. 1101(b)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(b)(1)(G)" }, { "text": "Public Law 106–279", "legal-doc": "public-law", "parsable-cite": "pl/106–279" } ] }, { "text": "(c) Naturalization purposes \nSection 101(c)(1 ) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c)(1) ) is amended to read as follows: (1) The term child means an unmarried person under 21 years of age and includes— (A) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in the United States or elsewhere, if such legitimation takes place before the child reaches the age of 16 years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation; and (B) except as otherwise provided in sections 320 and 321, a child adopted in the United States, if such adoption is officially initiated before the child reaches the age of 16 years and the child is in the legal custody of the adopting parent or parents at the time of such adoption..", "id": "H84CE803DF45B41889393D8A5276ECF97", "header": "Naturalization purposes", "nested": [], "links": [ { "text": "Section 101(c)(1", "legal-doc": "act", "parsable-cite": "INA/101(c)(1" }, { "text": "8 U.S.C. 1101(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(c)(1)" } ] } ], "links": [ { "text": "Section 101(b)(1", "legal-doc": "act", "parsable-cite": "INA/101(b)(1" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(b)(1)" }, { "text": "Section 101(b)(1)(G", "legal-doc": "act", "parsable-cite": "INA/101(b)(1)(G" }, { "text": "8 U.S.C. 1101(b)(1)(G)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(b)(1)(G)" }, { "text": "Public Law 106–279", "legal-doc": "public-law", "parsable-cite": "pl/106–279" }, { "text": "Section 101(c)(1", "legal-doc": "act", "parsable-cite": "INA/101(c)(1" }, { "text": "8 U.S.C. 1101(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101(c)(1)" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Display of Flag of the United States at Half-Staff on National Workers Memorial Day \nSection 6(d) of title 4, United States Code, is amended by inserting before Mother’s Day the following: National Workers Memorial Day (half-staff), April 28;.", "id": "HD03E812183524560A52B1690E6963D97", "header": "Display of Flag of the United States at Half-Staff on National Workers Memorial Day", "nested": [], "links": [ { "text": "Section 6(d)", "legal-doc": "usc", "parsable-cite": "usc/4/6" } ] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCB25F17318DA4958A881C4D2006D4C03", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local agencies, is conducting a study of the eligibility and suitability of the Musconetcong River in the State of New Jersey for inclusion in the Wild and Scenic Rivers System. (2) The Musconetcong Wild and Scenic River Study Task Force has prepared, with assistance from the National Park Service, a river management plan for the study area entitled Musconetcong River Management Plan and dated April 2002, which establishes goals and actions that will ensure long-term protection of the outstanding values of the river and compatible management of land and water resources associated with the river. (3) Thirteen municipalities and three counties along segments of the Musconetcong River eligible for designation have passed resolutions supporting the Musconetcong River Management Plan, agreeing to take action to implement the goals of the plan, and endorsing designation of the river.", "id": "H342EE1A9E70E4FD6BDDBFBC166919DF6", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Designation of portions of Musconetcong River, New Jersey, as scenic and recreational rivers \n(a) Designation \nSection 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Musconetcong River, New Jersey \n(A) The 24.2 miles of river segments in New Jersey, to be administered by the Secretary of the Interior, consisting of— (i) the segment from Saxton Falls to the Route 46 bridge (approximately 3.5 miles), as a scenic river; and (ii) the segment from the Kings Highway bridge to the railroad tunnels at Musconetcong Gorge (approximately 20.7 miles), as a recreational river. (B) Notwithstanding section 10(c), the river segments referred to in subparagraph (A) shall not be administered as part of the National Park System.. (b) Management of segments \n(1) Compliance with management plan \nThe Secretary of the Interior shall manage the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the river management plan entitled Musconetcong River Management Plan and dated April 2002, prepared by the Musconetcong River Management Committee, the National Park Service, the Heritage Conservancy, and the Musconetcong Watershed Association, which establishes goals and actions that will ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with the river segments. (2) Cooperation \nThe Secretary shall manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies, including— (A) the Musconetcong River Management Committee; (B) the Musconetcong Watershed Association; (C) the Heritage Conservancy; (D) the National Park Service; and (E) the New Jersey Department of Environmental Protection. (c) Satisfaction of requirements for plan \nThe management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river segments under subsection 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ). (d) Federal role \n(1) Restrictions on water resource projects \nIn determining under section 7(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278(a) ) whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, the Secretary shall consider the extent to which the project is consistent with the management plan. (2) Cooperative agreements \nAny cooperative agreements entered into under section 10(e) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(e) ) relating to a river segment— (A) shall be consistent with the management plan; and (B) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment. (3) Support for implementation \nThe Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the management plan. (e) Land management \n(1) In general \nThe Secretary may provide planning, financial, and technical assistance to local municipalities and non-profit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. (2) Plan requirements \nAfter adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) ). (f) Designation of additional river segment \n(1) Finding \nCongress finds that the Musconetcong River segment C as described in the management plan is suitable for designation as a recreational river under this subsection if there is adequate local support for the designation as determined by the Secretary. (2) Designation and Administration \nIf the Secretary determines that there is adequate local support for designating the additional river segment as a recreational river— (A) the Secretary shall publish in the Federal Register a notice of the designation of the segment; (B) the segment shall thereby be designated as a recreational river in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); and (C) the Secretary shall administer the additional river segment as a recreational river. (3) Criteria for local support \nIn determining whether there is adequate local support for the designation of the additional river segment, the Secretary shall consider, among other things, the preferences of local governments expressed in resolutions concerning designation of the segment. (g) Authorization of Appropriations \nThere are authorized to be appropriated such funds as are necessary to carry out this section, including the amendment to the Wild and Scenic River Act made by this section. (h) Definitions \nIn this section: (1) Additional River Segment \nThe term additional river segment means Musconetcong River segment C , as described in the management plan, from Hughesville Mill to the Delaware River Confluence (approximately 4.3 miles). (2) Management Plan \nThe term management plan means the river management plan entitled Musconetcong River Management Plan and dated April 2002. (3) River Segments \nThe term river segments means the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the management plan. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HFD977C093AED4D8E0001D8C350F041B7", "header": "Designation of portions of Musconetcong River, New Jersey, as scenic and recreational rivers", "nested": [ { "text": "(a) Designation \nSection 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Musconetcong River, New Jersey \n(A) The 24.2 miles of river segments in New Jersey, to be administered by the Secretary of the Interior, consisting of— (i) the segment from Saxton Falls to the Route 46 bridge (approximately 3.5 miles), as a scenic river; and (ii) the segment from the Kings Highway bridge to the railroad tunnels at Musconetcong Gorge (approximately 20.7 miles), as a recreational river. (B) Notwithstanding section 10(c), the river segments referred to in subparagraph (A) shall not be administered as part of the National Park System..", "id": "HC17E288518B24D9F94EDECC7BEF3E63", "header": "Designation", "nested": [], "links": [ { "text": "16 U.S.C. 1274(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1274" } ] }, { "text": "(b) Management of segments \n(1) Compliance with management plan \nThe Secretary of the Interior shall manage the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the river management plan entitled Musconetcong River Management Plan and dated April 2002, prepared by the Musconetcong River Management Committee, the National Park Service, the Heritage Conservancy, and the Musconetcong Watershed Association, which establishes goals and actions that will ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with the river segments. (2) Cooperation \nThe Secretary shall manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies, including— (A) the Musconetcong River Management Committee; (B) the Musconetcong Watershed Association; (C) the Heritage Conservancy; (D) the National Park Service; and (E) the New Jersey Department of Environmental Protection.", "id": "H1B078716A0D541D2B1B7B92DCEF4A8E7", "header": "Management of segments", "nested": [], "links": [] }, { "text": "(c) Satisfaction of requirements for plan \nThe management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river segments under subsection 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ).", "id": "HFE9D681B0F0B423E99A28377C5A6B291", "header": "Satisfaction of requirements for plan", "nested": [], "links": [ { "text": "16 U.S.C. 1274(d)", "legal-doc": "usc", "parsable-cite": "usc/16/1274" } ] }, { "text": "(d) Federal role \n(1) Restrictions on water resource projects \nIn determining under section 7(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278(a) ) whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, the Secretary shall consider the extent to which the project is consistent with the management plan. (2) Cooperative agreements \nAny cooperative agreements entered into under section 10(e) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(e) ) relating to a river segment— (A) shall be consistent with the management plan; and (B) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment. (3) Support for implementation \nThe Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the management plan.", "id": "H9FD807A8CFC441F686046C0400EBC900", "header": "Federal role", "nested": [], "links": [ { "text": "16 U.S.C. 1278(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1278" }, { "text": "16 U.S.C. 1281(e)", "legal-doc": "usc", "parsable-cite": "usc/16/1281" } ] }, { "text": "(e) Land management \n(1) In general \nThe Secretary may provide planning, financial, and technical assistance to local municipalities and non-profit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. (2) Plan requirements \nAfter adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) ).", "id": "HFDE37104EDF84DB19524FD743ED578F1", "header": "Land management", "nested": [], "links": [ { "text": "16 U.S.C. 1277(c)", "legal-doc": "usc", "parsable-cite": "usc/16/1277" } ] }, { "text": "(f) Designation of additional river segment \n(1) Finding \nCongress finds that the Musconetcong River segment C as described in the management plan is suitable for designation as a recreational river under this subsection if there is adequate local support for the designation as determined by the Secretary. (2) Designation and Administration \nIf the Secretary determines that there is adequate local support for designating the additional river segment as a recreational river— (A) the Secretary shall publish in the Federal Register a notice of the designation of the segment; (B) the segment shall thereby be designated as a recreational river in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); and (C) the Secretary shall administer the additional river segment as a recreational river. (3) Criteria for local support \nIn determining whether there is adequate local support for the designation of the additional river segment, the Secretary shall consider, among other things, the preferences of local governments expressed in resolutions concerning designation of the segment.", "id": "HFAEBC78EA03B4B08AD08B1CEEEC513CE", "header": "Designation of additional river segment", "nested": [], "links": [ { "text": "16 U.S.C. 1271 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1271" } ] }, { "text": "(g) Authorization of Appropriations \nThere are authorized to be appropriated such funds as are necessary to carry out this section, including the amendment to the Wild and Scenic River Act made by this section.", "id": "H7EA6677748F741D8902FCF612923D531", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Additional River Segment \nThe term additional river segment means Musconetcong River segment C , as described in the management plan, from Hughesville Mill to the Delaware River Confluence (approximately 4.3 miles). (2) Management Plan \nThe term management plan means the river management plan entitled Musconetcong River Management Plan and dated April 2002. (3) River Segments \nThe term river segments means the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the management plan. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H7CF2E4137950407EAF52495810A10002", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1274(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1274" }, { "text": "16 U.S.C. 1274(d)", "legal-doc": "usc", "parsable-cite": "usc/16/1274" }, { "text": "16 U.S.C. 1278(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1278" }, { "text": "16 U.S.C. 1281(e)", "legal-doc": "usc", "parsable-cite": "usc/16/1281" }, { "text": "16 U.S.C. 1277(c)", "legal-doc": "usc", "parsable-cite": "usc/16/1277" }, { "text": "16 U.S.C. 1271 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1271" } ] } ]

[ "Natural Resources Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Global Anti-Semitism Awareness Act of 2004.", "id": "HB6CF0734ABA54DD1B9C5B400FE36B2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) Acts of anti-Semitism in countries throughout the world, including in some of the world’s strongest democracies, have increased significantly in frequency and scope over the last several years. (2) During the last three months of 2003 and the first three months of 2004, there were numerous instances of anti-Semitic violence around the world, including the following incidents: (A) In Putrajaya, Malaysia, on October 16, 2003, Prime Minister Mahathir Mohamad of Malaysia told the 57 national leaders assembled for the Organization of the Islamic Conference that Jews rule the world by proxy , and called for a final victory by the world’s 1.3 billion Muslims, who, he said, cannot be defeated by a few million Jews. (B) In Istanbul, Turkey, on November 15, 2003, simultaneous car bombs exploded outside two synagogues filled with worshippers, killing 24 people and wounding more than 250. (C) In Hobart, Australia, on January 5, 2004, poison was used to ignite and burn anti-Semitic slogans into the lawns of the Parliament House of the state of Tasmania. (D) In St. Petersburg, Russia, on February 15, 2004, vandals desecrated approximately 50 gravestones in a Jewish cemetery, painting the stones with swastikas and anti-Semitic graffiti. (E) In Toronto, Canada, from March 19 to March 21, 2004, vandals attacked a Jewish school, a Jewish cemetery, and area synagogues, painting swastikas and anti-Semitic slogans on the walls of a synagogue and on residential property in a nearby, predominantly Jewish, neighborhood. (F) In Toulon, France, on March 23, 2004, a Jewish synagogue and community center were set on fire. (3) Anti-Semitism has at times taken the form of vilification of Zionism, the Jewish national movement, and incitement against Israel. (4) Anti-Semitism is also increasingly emanating from the Arab and Muslim world on a sustained basis, including through books distributed by government-owned publishing houses in Egypt and other Arab countries. (5) In November 2002, state-run television in Egypt broadcast the anti-Semitic series entitled Horseman Without a Horse , which is based upon the fictitious conspiracy theory known as the Protocols of the Elders of Zion. The Protocols have been used throughout the last century by despots such as Adolf Hitler to justify violence against Jews. (6) In November 2003, Arab television featured an anti-Semitic series entitled Ash-Shatat ( The Diaspora ), which depicts Jewish people conspiring to gain control of the world. (7) The sharp rise in anti-Semitic violence has caused international organizations such as the Organization for Security and Cooperation in Europe (OSCE) to elevate and bring renewed focus to this issue, including the convening by the OSCE in June 2003 of a conference in Vienna dedicated solely to the issue of anti-Semitism. (8) On April 28–29, 2004, in Berlin, Germany, the OSCE will again convene a conference dedicated to addressing the problem of anti-Semitism, with the United States delegation to be led by former Mayor of New York City Ed Koch. (9) The United States has vigorously supported efforts to address anti-Semitism through bilateral relationships and interaction with international organizations such as the OSCE, the European Union, and the United Nations. (10) Congress has consistently supported efforts to address the rise in anti-Semitic violence. During the 107th Congress, both the Senate and the House of Representatives passed resolutions expressing strong concern about the sharp escalation of anti-Semitic violence in Europe and calling on the Department of State to thoroughly document the phenomenon.", "id": "H58CBF83845EC442D84CBC1F550CF4310", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the United States should continue to vigorously support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the United States delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; (3) the President should direct the United States Ambassador to the United Nations to introduce in the most appropriate forum in the United Nations a measure condemning anti-Semitism; (4) the Secretary of State should establish a permanent office in the Department of State to monitor and combat anti-Semitism; and (5) the Department of State should thoroughly document acts of anti-Semitism and anti-Semitic incitement that occur around the world.", "id": "HB56DCB68F7C644158260BDA96853BDF4", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Authorization for establishment of Office to Monitor and Combat anti-Semitism \nThe State Department Basic Authorities Act of 1956 is amended by adding after section 58 ( 22 U.S.C. 2730 ) the following new section: 59. Monitoring and combating anti-Semitism \n(a) Office to Monitor and Combat anti-Semitism \n(1) Establishment of Office \nThe Secretary is authorized and encouraged to establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the Office ). (2) Head of Office \nIf the Secretary establishes the Office pursuant to paragraph (1), the head of the Office shall be the Director for Monitoring and Combatting anti-Semitism. The Secretary shall appoint the Director of the Office. (b) Purpose of Office \nUpon establishment, the Office shall assume the primary responsibility for— (1) monitoring and combatting acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries; (2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-Semitism and anti-Semitic incitement around the world for inclusion in the annual country reports on human rights practices; and (3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(C) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1)(C) ) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries for inclusion in the annual international religious freedom report. (c) Consultations \nThe Director of the Office shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions as the Director considers appropriate to fulfill the purposes of this section. (d) Public hearings and evidence \nThe Director of the Office may hold public hearings take testimony, and receive evidence as the Director considers appropriate..", "id": "H20565B722B224860B0D05078CEBF76E6", "header": "Authorization for establishment of Office to Monitor and Combat anti-Semitism", "nested": [], "links": [ { "text": "22 U.S.C. 2730", "legal-doc": "usc", "parsable-cite": "usc/22/2730" }, { "text": "22 U.S.C. 2151n(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 6412(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" } ] }, { "text": "59. Monitoring and combating anti-Semitism \n(a) Office to Monitor and Combat anti-Semitism \n(1) Establishment of Office \nThe Secretary is authorized and encouraged to establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the Office ). (2) Head of Office \nIf the Secretary establishes the Office pursuant to paragraph (1), the head of the Office shall be the Director for Monitoring and Combatting anti-Semitism. The Secretary shall appoint the Director of the Office. (b) Purpose of Office \nUpon establishment, the Office shall assume the primary responsibility for— (1) monitoring and combatting acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries; (2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-Semitism and anti-Semitic incitement around the world for inclusion in the annual country reports on human rights practices; and (3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(C) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1)(C) ) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries for inclusion in the annual international religious freedom report. (c) Consultations \nThe Director of the Office shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions as the Director considers appropriate to fulfill the purposes of this section. (d) Public hearings and evidence \nThe Director of the Office may hold public hearings take testimony, and receive evidence as the Director considers appropriate.", "id": "H6A66144DFB7044B5A7AC07F61BE8289E", "header": "Monitoring and combating anti-Semitism", "nested": [ { "text": "(a) Office to Monitor and Combat anti-Semitism \n(1) Establishment of Office \nThe Secretary is authorized and encouraged to establish within the Department of State an Office to Monitor and Combat anti-Semitism (in this section referred to as the Office ). (2) Head of Office \nIf the Secretary establishes the Office pursuant to paragraph (1), the head of the Office shall be the Director for Monitoring and Combatting anti-Semitism. The Secretary shall appoint the Director of the Office.", "id": "H6FC715D697B542D294716B80678D93F3", "header": "Office to Monitor and Combat anti-Semitism", "nested": [], "links": [] }, { "text": "(b) Purpose of Office \nUpon establishment, the Office shall assume the primary responsibility for— (1) monitoring and combatting acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries; (2) coordinating and assisting in the preparation of that portion of the report required by sections 116(d)(7) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-Semitism and anti-Semitic incitement around the world for inclusion in the annual country reports on human rights practices; and (3) coordinating and assisting in the preparation of that portion of the report required by section 102(b)(1)(C) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1)(C) ) relating to an assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries for inclusion in the annual international religious freedom report.", "id": "H05BDBE6125CC4805B00699123F409B42", "header": "Purpose of Office", "nested": [], "links": [ { "text": "22 U.S.C. 2151n(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 6412(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" } ] }, { "text": "(c) Consultations \nThe Director of the Office shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions as the Director considers appropriate to fulfill the purposes of this section.", "id": "HBCDEE21DFC074F72805F6CEAE4FB419", "header": "Consultations", "nested": [], "links": [] }, { "text": "(d) Public hearings and evidence \nThe Director of the Office may hold public hearings take testimony, and receive evidence as the Director considers appropriate.", "id": "H6F1648ABFFC247D4895EE737F7A93EDC", "header": "Public hearings and evidence", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2151n(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 6412(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" } ] }, { "text": "5. Inclusion in Department of State annual reports of information concerning acts of anti-Semitism in foreign countries \n(a) Inclusion in country reports on human rights practices \nThe Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 116(d)(7) ( 22 U.S.C. 2151n(d)(7) ), by striking the semicolon and inserting and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of— (A) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; (B) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; (C) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; (D) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and (E) the efforts of such governments to promote anti-bias and tolerance education; ; and (2) in the fourth sentence of section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting before the period the following: and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including the descriptions of such acts required under section 116(d)(7). (b) Inclusion in international religious freedom report \nSection 102(b)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1) ) is amended— (1) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: (C) Acts of anti-Semitism \nAn assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of— (i) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; (ii) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; (iii) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; (iv) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and (v) the efforts of such governments to promote anti-bias and tolerance education.. (c) Effective date of inclusions \nThe amendments made by subsections (a) and (b) shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6312(b) ) submitted more than one year after the date of the enactment of this Act.", "id": "HB507CF9C3B7C451DB32D140366766863", "header": "Inclusion in Department of State annual reports of information concerning acts of anti-Semitism in foreign countries", "nested": [ { "text": "(a) Inclusion in country reports on human rights practices \nThe Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 116(d)(7) ( 22 U.S.C. 2151n(d)(7) ), by striking the semicolon and inserting and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of— (A) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; (B) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; (C) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; (D) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and (E) the efforts of such governments to promote anti-bias and tolerance education; ; and (2) in the fourth sentence of section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting before the period the following: and a summary of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including the descriptions of such acts required under section 116(d)(7).", "id": "H7D12EB9A3F734633A708F6CE9F0000B4", "header": "Inclusion in country reports on human rights practices", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" }, { "text": "22 U.S.C. 2151n(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 2304(b)", "legal-doc": "usc", "parsable-cite": "usc/22/2304" } ] }, { "text": "(b) Inclusion in international religious freedom report \nSection 102(b)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b)(1) ) is amended— (1) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: (C) Acts of anti-Semitism \nAn assessment and description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur in foreign countries, including descriptions of— (i) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions, including schools, synagogues, and cemeteries that occurred in foreign countries during the preceding year; (ii) instances of propaganda in government and non-government media and other sources in foreign countries that attempt to justify or promote racial hatred or incite acts of violence against Jewish people; (iii) the actions, if any, taken by the governments of such countries to respond to such violence and attacks or to eliminate such propaganda or incitement; (iv) the actions taken by such governments to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and (v) the efforts of such governments to promote anti-bias and tolerance education..", "id": "HCD4EB60B7CF44244A03B7B7263F70182", "header": "Inclusion in international religious freedom report", "nested": [], "links": [ { "text": "22 U.S.C. 6412(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" } ] }, { "text": "(c) Effective date of inclusions \nThe amendments made by subsections (a) and (b) shall apply beginning with the first report under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6312(b) ) submitted more than one year after the date of the enactment of this Act.", "id": "H397A7C7A5A12448785C154ACB27C96B", "header": "Effective date of inclusions", "nested": [], "links": [ { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 6312(b)", "legal-doc": "usc", "parsable-cite": "usc/22/6312" } ] } ], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" }, { "text": "22 U.S.C. 2151n(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 2304(b)", "legal-doc": "usc", "parsable-cite": "usc/22/2304" }, { "text": "22 U.S.C. 6412(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/6412" }, { "text": "22 U.S.C. 2151n(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2151n" }, { "text": "22 U.S.C. 6312(b)", "legal-doc": "usc", "parsable-cite": "usc/22/6312" } ] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H53841FC01ECF4675994B70D2D7412FF3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Credit for qualified expenditures for medical professional malpractice insurance \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 tax credits) is amended by adding at the end the following: 45G. Credit for expenditures for medical professional malpractice insurance \n(a) General rule \nFor purposes of section 38, in the case of an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a taxable year is the amount equal to the applicable percentage of qualified medical malpractice insurance expenditures. (b) Limitation \n(1) In general \nThe amount of qualified medical malpractice insurance expenditures taken into account under subsection (a) for a taxable year with respect to an eligible person shall not exceed the amount equal to twice the average of costs of qualified medical malpractice insurance for similarly situated eligible persons. (2) Average costs \nFor purposes of paragraph (1), the Secretary of Health and Human Services, after consultation with State boards of medical licensure and State boards (or agencies) regulating insurance, shall— (A) determine average costs (rounded to the nearest whole dollar) of providing or furnishing general medical malpractice liability insurance to eligible persons, and (B) certify the amount of such costs to the Secretary on or before the 15th day of November of each year. (c) Definitions and special rule \nFor purposes of this section— (1) Qualified medical malpractice insurance expenditure \n(A) In general \nThe term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment, or other cost or expense which is paid or incurred in the taxable year by an eligible person for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person. (2) Eligible person \nThe term eligible person means— (A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, (B) any physician (as so defined) who practices in general medicine, allergy, dermatology, pathology, or any other specialty not otherwise described in this section, and (C) any hospital, clinic, or long-term care provider, which meets applicable legal requirements to provide the health care services involved. (3) Applicable percentage \nThe applicable percentage is— (A) 20 percent in the case of a person described in paragraph (2)(A), (B) 10 percent in the case of a person described in paragraph (2)(B), and (C) 15 percent in the case of a person described in paragraph (2)(C). (4) Similarly situated \nThe determination of whether persons are similarly situated shall be made on the basis of medical practices primarily located within a statistical area (as defined in section 142(k)(2)) and shall differentiate between specialty and subspecialty medical practices. (d) 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. (e) Termination \nThis section shall not apply to taxable years beginning after December 31, 2005.. (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 medical malpractice insurance expenditure tax credit determined under section 45G(a).. (c) Limitation on carryback \nSection 39(d) of such Code (relating to transition rules) is amended by adding at the end the following new paragraph: (11) No carryback of medical malpractice insurance expenditure tax credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year beginning before January 1, 2004.. (d) Denial of double benefit \nSection 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: (d) Credit for medical malpractice liability insurance premiums \n(1) In general \nNo deduction shall be allowed for that portion of the qualified medical malpractice insurance expenditures otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45G (determined without regard to section 38(c)). (2) Controlled groups \nIn the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1).. (e) Grants to non-profit hospitals, clinics, and long-term care providers \n(1) In general \nThe Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible non-profit hospitals, clinics, and long-term care providers to assist such hospitals, clinics, and long-term care providers in defraying qualified medical malpractice insurance expenditures. (2) Eligible non-profit hospital, clinic, or long-term care provider \nTo be eligible to receive a grant under paragraph (1) an entity shall— (A) be a non-profit hospital, clinic, or long-term care provider; (B) be an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the year for which an application is submitted under subparagraph (C); and (C) prepare and submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (3) Amount of grant \nThe amount of a grant to a non-profit hospital, clinic, or long-term care provider under paragraph (1) shall equal 15 percent of the amount of the qualified medical malpractice insurance expenditures of the hospital, clinic, or long-term care provider for the year involved. (4) Qualified medical malpractice insurance expenditure \nIn this subsection, the term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment or other cost or expense which is incurred by a non-profit hospital, clinic, or long-term care provider in a year for the sole purpose of providing or furnishing general medical malpractice liability insurance for such hospital, clinic, or long-term care provider as does not exceed twice the average of such costs for similarly situated hospitals, clinics, or long-term care provider homes. (5) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2005 and 2006. (f) 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. Credit for expenditures for medical professional malpractice insurance. (g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HA6527FDC5E5D45FF00638D00AECB6826", "header": " Credit for qualified expenditures for medical professional malpractice insurance", "nested": [ { "text": "(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business tax credits) is amended by adding at the end the following: 45G. Credit for expenditures for medical professional malpractice insurance \n(a) General rule \nFor purposes of section 38, in the case of an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a taxable year is the amount equal to the applicable percentage of qualified medical malpractice insurance expenditures. (b) Limitation \n(1) In general \nThe amount of qualified medical malpractice insurance expenditures taken into account under subsection (a) for a taxable year with respect to an eligible person shall not exceed the amount equal to twice the average of costs of qualified medical malpractice insurance for similarly situated eligible persons. (2) Average costs \nFor purposes of paragraph (1), the Secretary of Health and Human Services, after consultation with State boards of medical licensure and State boards (or agencies) regulating insurance, shall— (A) determine average costs (rounded to the nearest whole dollar) of providing or furnishing general medical malpractice liability insurance to eligible persons, and (B) certify the amount of such costs to the Secretary on or before the 15th day of November of each year. (c) Definitions and special rule \nFor purposes of this section— (1) Qualified medical malpractice insurance expenditure \n(A) In general \nThe term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment, or other cost or expense which is paid or incurred in the taxable year by an eligible person for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person. (2) Eligible person \nThe term eligible person means— (A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, (B) any physician (as so defined) who practices in general medicine, allergy, dermatology, pathology, or any other specialty not otherwise described in this section, and (C) any hospital, clinic, or long-term care provider, which meets applicable legal requirements to provide the health care services involved. (3) Applicable percentage \nThe applicable percentage is— (A) 20 percent in the case of a person described in paragraph (2)(A), (B) 10 percent in the case of a person described in paragraph (2)(B), and (C) 15 percent in the case of a person described in paragraph (2)(C). (4) Similarly situated \nThe determination of whether persons are similarly situated shall be made on the basis of medical practices primarily located within a statistical area (as defined in section 142(k)(2)) and shall differentiate between specialty and subspecialty medical practices. (d) 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. (e) Termination \nThis section shall not apply to taxable years beginning after December 31, 2005..", "id": "H15C6F46A89CA403400D6146399B348A2", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(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 medical malpractice insurance expenditure tax credit determined under section 45G(a)..", "id": "H3DA3EC7157E243A1BFEC8F7593E0C000", "header": "Credit made part of general business credit", "nested": [], "links": [] }, { "text": "(c) Limitation on carryback \nSection 39(d) of such Code (relating to transition rules) is amended by adding at the end the following new paragraph: (11) No carryback of medical malpractice insurance expenditure tax credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year beginning before January 1, 2004..", "id": "H4CDAEB3301FF40BFA406F7016B4E55A5", "header": "Limitation on carryback", "nested": [], "links": [] }, { "text": "(d) Denial of double benefit \nSection 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: (d) Credit for medical malpractice liability insurance premiums \n(1) In general \nNo deduction shall be allowed for that portion of the qualified medical malpractice insurance expenditures otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45G (determined without regard to section 38(c)). (2) Controlled groups \nIn the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 41(f)(5)) or a trade or business which is treated as being under common control with other trades or business (within the meaning of section 41(f)(1)(B)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subparagraphs (A) and (B) of section 41(f)(1)..", "id": "H9247E9C5538A4244A212FD14B985AC1F", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(e) Grants to non-profit hospitals, clinics, and long-term care providers \n(1) In general \nThe Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible non-profit hospitals, clinics, and long-term care providers to assist such hospitals, clinics, and long-term care providers in defraying qualified medical malpractice insurance expenditures. (2) Eligible non-profit hospital, clinic, or long-term care provider \nTo be eligible to receive a grant under paragraph (1) an entity shall— (A) be a non-profit hospital, clinic, or long-term care provider; (B) be an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the year for which an application is submitted under subparagraph (C); and (C) prepare and submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require. (3) Amount of grant \nThe amount of a grant to a non-profit hospital, clinic, or long-term care provider under paragraph (1) shall equal 15 percent of the amount of the qualified medical malpractice insurance expenditures of the hospital, clinic, or long-term care provider for the year involved. (4) Qualified medical malpractice insurance expenditure \nIn this subsection, the term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment or other cost or expense which is incurred by a non-profit hospital, clinic, or long-term care provider in a year for the sole purpose of providing or furnishing general medical malpractice liability insurance for such hospital, clinic, or long-term care provider as does not exceed twice the average of such costs for similarly situated hospitals, clinics, or long-term care provider homes. (5) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2005 and 2006.", "id": "H9C90E14CA55B4B5ABC191E2FEE7819F7", "header": "Grants to non-profit hospitals, clinics, and long-term care providers", "nested": [], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(f) 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. Credit for expenditures for medical professional malpractice insurance.", "id": "HCE94EE03785D4387923EC716E836A567", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(g) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H4B6FF484448F4313B33C711808472270", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "45G. Credit for expenditures for medical professional malpractice insurance \n(a) General rule \nFor purposes of section 38, in the case of an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a taxable year is the amount equal to the applicable percentage of qualified medical malpractice insurance expenditures. (b) Limitation \n(1) In general \nThe amount of qualified medical malpractice insurance expenditures taken into account under subsection (a) for a taxable year with respect to an eligible person shall not exceed the amount equal to twice the average of costs of qualified medical malpractice insurance for similarly situated eligible persons. (2) Average costs \nFor purposes of paragraph (1), the Secretary of Health and Human Services, after consultation with State boards of medical licensure and State boards (or agencies) regulating insurance, shall— (A) determine average costs (rounded to the nearest whole dollar) of providing or furnishing general medical malpractice liability insurance to eligible persons, and (B) certify the amount of such costs to the Secretary on or before the 15th day of November of each year. (c) Definitions and special rule \nFor purposes of this section— (1) Qualified medical malpractice insurance expenditure \n(A) In general \nThe term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment, or other cost or expense which is paid or incurred in the taxable year by an eligible person for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person. (2) Eligible person \nThe term eligible person means— (A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, (B) any physician (as so defined) who practices in general medicine, allergy, dermatology, pathology, or any other specialty not otherwise described in this section, and (C) any hospital, clinic, or long-term care provider, which meets applicable legal requirements to provide the health care services involved. (3) Applicable percentage \nThe applicable percentage is— (A) 20 percent in the case of a person described in paragraph (2)(A), (B) 10 percent in the case of a person described in paragraph (2)(B), and (C) 15 percent in the case of a person described in paragraph (2)(C). (4) Similarly situated \nThe determination of whether persons are similarly situated shall be made on the basis of medical practices primarily located within a statistical area (as defined in section 142(k)(2)) and shall differentiate between specialty and subspecialty medical practices. (d) 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. (e) Termination \nThis section shall not apply to taxable years beginning after December 31, 2005.", "id": "H6FF0BA26B6344E2F00DBF04C5BBEE293", "header": "Credit for expenditures for medical professional malpractice insurance", "nested": [ { "text": "(a) General rule \nFor purposes of section 38, in the case of an eligible person, the medical malpractice insurance expenditure tax credit determined under this section for a taxable year is the amount equal to the applicable percentage of qualified medical malpractice insurance expenditures.", "id": "H0CF0688D21A54DB687BED538D1890527", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Limitation \n(1) In general \nThe amount of qualified medical malpractice insurance expenditures taken into account under subsection (a) for a taxable year with respect to an eligible person shall not exceed the amount equal to twice the average of costs of qualified medical malpractice insurance for similarly situated eligible persons. (2) Average costs \nFor purposes of paragraph (1), the Secretary of Health and Human Services, after consultation with State boards of medical licensure and State boards (or agencies) regulating insurance, shall— (A) determine average costs (rounded to the nearest whole dollar) of providing or furnishing general medical malpractice liability insurance to eligible persons, and (B) certify the amount of such costs to the Secretary on or before the 15th day of November of each year.", "id": "H2B7CAB5431D04512859184E5A21E7C7", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Definitions and special rule \nFor purposes of this section— (1) Qualified medical malpractice insurance expenditure \n(A) In general \nThe term qualified medical malpractice insurance expenditure means so much of any professional insurance premium, surcharge, payment, or other cost or expense which is paid or incurred in the taxable year by an eligible person for the sole purpose of providing or furnishing general medical malpractice liability insurance for such eligible person. (2) Eligible person \nThe term eligible person means— (A) any physician (as defined in section 213(d)(4)) who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures, (B) any physician (as so defined) who practices in general medicine, allergy, dermatology, pathology, or any other specialty not otherwise described in this section, and (C) any hospital, clinic, or long-term care provider, which meets applicable legal requirements to provide the health care services involved. (3) Applicable percentage \nThe applicable percentage is— (A) 20 percent in the case of a person described in paragraph (2)(A), (B) 10 percent in the case of a person described in paragraph (2)(B), and (C) 15 percent in the case of a person described in paragraph (2)(C). (4) Similarly situated \nThe determination of whether persons are similarly situated shall be made on the basis of medical practices primarily located within a statistical area (as defined in section 142(k)(2)) and shall differentiate between specialty and subspecialty medical practices.", "id": "H0C3FC101AA6F433A849447182E2DEA4F", "header": "Definitions and special rule", "nested": [], "links": [] }, { "text": "(d) 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.", "id": "H56FA81CFC704477DB9D033D3DCF7E052", "header": "Election not to claim credit", "nested": [], "links": [] }, { "text": "(e) Termination \nThis section shall not apply to taxable years beginning after December 31, 2005.", "id": "H6C9A8439EA674EB1A69438B000BE278B", "header": "Termination", "nested": [], "links": [] } ], "links": [] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the International Commission To Monitor United States-Held Prisoners in Iraq Act of 2004.", "id": "HFD9620F1A57C47F7A8D86752316792E6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) Serious allegations have been raised and substantial evidence exists that physical and sexual abuse have taken place within Abu Ghraib Prison and potentially other facilities under the management of the United States Armed Forces or intelligence services in Iraq. (2) In the Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (referred to as the Third Geneva Convention ), the international community has prescribed rules concerning the treatment of prisoners of war. (3) The United States, along with more than 190 other countries, is a party to the Geneva Conventions of 1949 and abiding by the terms of those conventions is very much in the national security interests of the United States. (4) The Third Geneva Convention prohibits inhumane treatment of prisoners of war, acts of violence and insults against them, and the infliction of physical or mental torture, or any other form of coercion, on such prisoners. (5) A report, the Article 15-6 Investigation of the 800th Military Police Brigade , prepared by Major General Antonio M. Taguba, Deputy Commanding General Support, Coalition Forces Land Component Command, which has been made public in the national media, reads in part, That between October and December 2003, at the Abu Ghraib Confinement Facility (BCCF), numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees.. (6) This report also describes the systemic and illegal abuse of detainees. (7) According to congressional testimony, the International Committee of the Red Cross provided a number of warnings to Coalition forces regarding conditions in certain Iraqi prisons and provided a written report to Coalition headquarters personnel in November 2003 that similar abuses were occurring at the Abu Ghraib facility. (8) The Wall Street Journal has published the February 2004 Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment, and Interrogation , detailing complaints of the mistreatment of Iraqi prisoners in United States custody which was sent to United States officials. (9) The International Committee of the Red Cross asserted at a recent press conference that it had repeatedly expressed written and verbal concerns regarding the widespread mistreatment of prisoners, including in meetings at the highest level of the Coalition Provisional Authority. (10) The February 2004 report of the International Committee of the Red Cross detailed violations including Brutality against protected persons upon capture and initial custody, sometimes causing death or serious injury... Physical or psychological coercion during interrogation to secure information... [and] Excessive and disproportionate use of force against persons deprived of their liberty resulting in death or injury during their period of internment.. (11) The International Committee of the Red Cross also found that [arresting authorities] rarely informed the arrestee or his family where he was being taken and for how long, resulting in the de facto disappearance of the arrestee for weeks or even months until contact was finally made.. (12) Congress has the utmost confidence that such abuses do not typify the behavior of the vast majority of the tens of thousands of United States Armed Forces personnel and allies in Operation Iraqi Freedom. (13) The evidence of abuse documented by photographic and videographic images released in the media has aroused international outcry, damaged United States relations with other countries, and potentially added to the dangers faced by United States military personnel or civilians who may be captured by adversaries. (14) Congress was not fully informed of the existence, seriousness, or investigation of those abuses until after the abuses had been disclosed in the national media. (15) House Concurrent Resolution 118, which was passed by the House of Representatives on March 27, 2003, by a vote of 419–0, resolved that the Congress demanded that Iraqi authorities comply fully and immediately with its obligations and responsibilities of the Convention Relative to the Treatment of Prisoners of War , condemned the failure of Iraqi authorities to treat prisoners of war in strict conformity with that Convention , and joined the President in warning all Iraqi authorities that any individual who mistreats any prisoner of war in violation of that Convention shall be considered a war criminal and prosecuted as such to the full extent of United States and international law. (16) Greater oversight and transparency in the management of United States-run prisons in Iraq is clearly needed. (17) The United States must take immediate and concrete steps to build confidence among Iraqis in our actions and motives. (18) It is imperative that the Iraqi people be given a greater role in the operation of the prison system in their country. (19) Greater international cooperation and assistance in the management of the Iraqi prisons would provide greater reassurance to the Iraqi people and the international community that the United States is abiding by the Geneva Conventions of 1949.", "id": "HEC60E0264D9B46AEB23FBB2063D42B56", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Establishment of international commission for monitoring treatment of persons in United States custody in Iraq \n(a) Establishment \nThe President shall seek to establish an international commission for monitoring the treatment of persons in United States custody in Iraq. (b) Scope of duties \nIt is the sense of Congress that the international commission referred to in subsection (a) should monitor the treatment of persons in United States custody in Iraq so as to ensure compliance with the terms of the Geneva Conventions of 1949 and other relevant international instruments and to provide assurances to the people of Iraq and the international community that the treatment of such persons is in accordance with international law. (c) Membership \nIt is the sense of Congress that the international commission referred to in subsection (a) should include representatives from— (1) the interim or transitional government in Iraq; (2) Iraqi civil society; (3) the International Committee of the Red Cross; (4) the International Federation of Red Cross and Red Crescent Societies; (5) the United Nations; and (6) the United States Armed Forces and Coalition forces.", "id": "HF4F63AB7A6CA497494EA4C088F8E3E1B", "header": "Establishment of international commission for monitoring treatment of persons in United States custody in Iraq", "nested": [ { "text": "(a) Establishment \nThe President shall seek to establish an international commission for monitoring the treatment of persons in United States custody in Iraq.", "id": "HBFE729EC0BF0484485475ED7B08CAD19", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Scope of duties \nIt is the sense of Congress that the international commission referred to in subsection (a) should monitor the treatment of persons in United States custody in Iraq so as to ensure compliance with the terms of the Geneva Conventions of 1949 and other relevant international instruments and to provide assurances to the people of Iraq and the international community that the treatment of such persons is in accordance with international law.", "id": "HACDA0FEC8051449FB3D6730014EB7CFC", "header": "Scope of duties", "nested": [], "links": [] }, { "text": "(c) Membership \nIt is the sense of Congress that the international commission referred to in subsection (a) should include representatives from— (1) the interim or transitional government in Iraq; (2) Iraqi civil society; (3) the International Committee of the Red Cross; (4) the International Federation of Red Cross and Red Crescent Societies; (5) the United Nations; and (6) the United States Armed Forces and Coalition forces.", "id": "H0957B4BBE947445BB58DE003545D5D", "header": "Membership", "nested": [], "links": [] } ], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H8A5159BD02ED409DABC6266C1EA8FB5E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Indian river lagoon-south, Florida \n(a) In general \nAfter issuance of a favorable report of the Chief of Engineers for the project for the ecosystem restoration, water supply, flood control, and protection of water quality, Indian River Lagoon-South, Florida, the Secretary of the Army, acting through the Chief of Engineers (referred to in this Act as the Secretary ), may carry out the project at a total cost of $1,207,400,000, with an estimated Federal cost of $603,700,000 and an estimated non-Federal cost of $603,700,000. (b) Cost sharing \n(1) In general \nThe Federal share of the annual operation, maintenance, monitoring, repair, and rehabilitation costs of the project described in subsection (a) shall be 50 percent. (2) Crediting \nThe non-Federal sponsor of the project described in subsection (a) shall be credited for planning, engineering, design, and construction carried out, or under contract, by the non-Federal sponsor toward implementation of the project before execution of a project cooperation agreement if the Secretary determines that the work carried out is integral to the project.", "id": "H70035AD515A24227ABAA2F0028089143", "header": "Indian river lagoon-south, Florida", "nested": [ { "text": "(a) In general \nAfter issuance of a favorable report of the Chief of Engineers for the project for the ecosystem restoration, water supply, flood control, and protection of water quality, Indian River Lagoon-South, Florida, the Secretary of the Army, acting through the Chief of Engineers (referred to in this Act as the Secretary ), may carry out the project at a total cost of $1,207,400,000, with an estimated Federal cost of $603,700,000 and an estimated non-Federal cost of $603,700,000.", "id": "H1AC35C07952B426591EC2301A1946693", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Cost sharing \n(1) In general \nThe Federal share of the annual operation, maintenance, monitoring, repair, and rehabilitation costs of the project described in subsection (a) shall be 50 percent. (2) Crediting \nThe non-Federal sponsor of the project described in subsection (a) shall be credited for planning, engineering, design, and construction carried out, or under contract, by the non-Federal sponsor toward implementation of the project before execution of a project cooperation agreement if the Secretary determines that the work carried out is integral to the project.", "id": "H4A02AC8BAF404643B1D3D427DAF05F40", "header": "Cost sharing", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Southern golden gates estates, collier county, Florida \n(a) In general \nAfter issuance of a favorable report of the Chief of Engineers for the project for the ecosystem restoration, Southern Golden Gate Estates, Collier County, Florida, the Secretary may carry out the project at a total cost of $401,500,000, with an estimated Federal cost of $200,750,000 and an estimated non-Federal cost of $200,750,000. (b) Cost sharing \n(1) In general \nThe Federal share of the annual operation, maintenance, monitoring, repair, and rehabilitation costs of the project described in subsection (a) shall be 50 percent. (2) Crediting \nThe non-Federal sponsor of the project described in subsection (a) shall be credited for planning, engineering, design, and construction carried out, or under contract, by the non-Federal sponsor toward implementation of the project before execution of a project cooperation agreement if the Secretary determines that the work carried out is integral to the project.", "id": "H3991DBA7EBD74637984F6B5E28D825E3", "header": "Southern golden gates estates, collier county, Florida", "nested": [ { "text": "(a) In general \nAfter issuance of a favorable report of the Chief of Engineers for the project for the ecosystem restoration, Southern Golden Gate Estates, Collier County, Florida, the Secretary may carry out the project at a total cost of $401,500,000, with an estimated Federal cost of $200,750,000 and an estimated non-Federal cost of $200,750,000.", "id": "H63B10169E12A443AB1AFA0C3E6EA5E1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Cost sharing \n(1) In general \nThe Federal share of the annual operation, maintenance, monitoring, repair, and rehabilitation costs of the project described in subsection (a) shall be 50 percent. (2) Crediting \nThe non-Federal sponsor of the project described in subsection (a) shall be credited for planning, engineering, design, and construction carried out, or under contract, by the non-Federal sponsor toward implementation of the project before execution of a project cooperation agreement if the Secretary determines that the work carried out is integral to the project.", "id": "HA0BFCA1C43F342E9988559288E554E32", "header": "Cost sharing", "nested": [], "links": [] } ], "links": [] } ]

[ "Transportation and Infrastructure Committee" ]

[ { "text": "1. Earl B. Gilliam Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 5505 Stevens Way in San Diego, California, shall be known and designated as the Earl B. Gilliam 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 Earl B. Gilliam Post Office Building.", "id": "HDE24B1129A734D8DBEBD1700B88D316F", "header": "Earl B. Gilliam Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 5505 Stevens Way in San Diego, California, shall be known and designated as the Earl B. Gilliam Post Office Building.", "id": "H4572297D47354B28AAEB9C806F71822", "header": "Designation", "nested": [], "links": [] }, { "text": "(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 Earl B. Gilliam Post Office Building.", "id": "H09E10118BB6942F8BB59999231EFEA78", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H6E38C6D945CA4A0DA1FA4F2E452D5CDF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Data-Mining \nThe term data-mining means a query or search or other analysis of 1 or more electronic databases, where— (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B) the search does not use a specific individual’s personal identifiers to acquire information concerning that individual; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. (2) Database \nThe term database does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.", "id": "H3BF58BF187294114A4515007C7B9AE45", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Reports on Data-Mining activities \n(a) Requirement for report \nThe head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress on all such activities of the department or agency under the jurisdiction of that official. (b) Content of report \nA report submitted under subsection (a) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information: (1) A thorough description of the data-mining technology and the data that will be used. (2) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (3) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (4) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (5) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (6) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to— (A) protect the privacy and due process rights of individuals; and (B) ensure that only accurate information is collected and used. (7) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (8) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (c) Time for report \nEach report required under subsection (a) shall be— (1) submitted not later than 90 days after the date of the enactment of this Act; and (2) updated once a year and include any new data-mining technologies.", "id": "H88FC24FF68124CC1942DE0E51D8443BA", "header": "Reports on Data-Mining activities", "nested": [ { "text": "(a) Requirement for report \nThe head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress on all such activities of the department or agency under the jurisdiction of that official.", "id": "HE13F5D3847034BA696DC2905BD4DAE63", "header": "Requirement for report", "nested": [], "links": [] }, { "text": "(b) Content of report \nA report submitted under subsection (a) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information: (1) A thorough description of the data-mining technology and the data that will be used. (2) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (3) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (4) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (5) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (6) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to— (A) protect the privacy and due process rights of individuals; and (B) ensure that only accurate information is collected and used. (7) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (8) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.", "id": "H4B664A9D56BE4694BEA4415F48D6F66C", "header": "Content of report", "nested": [], "links": [] }, { "text": "(c) Time for report \nEach report required under subsection (a) shall be— (1) submitted not later than 90 days after the date of the enactment of this Act; and (2) updated once a year and include any new data-mining technologies.", "id": "H73B92750575143C9A8F0FCF2C65221C", "header": "Time for report", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Balanced system of precertification for earned income tax credit \nNot more than 5 percent of the total participants in any system of precertification for the earned income tax credit under section 32 of the Internal Revenue Code of 1986 administered by the Secretary of the Treasury on or after the date of the enactment of this Act may reside in the same metropolitan statistical area.", "id": "H4A3969749F384815B7AE180468008D00", "header": "Balanced system of precertification for earned income tax credit", "nested": [], "links": [ { "text": "section 32", "legal-doc": "usc", "parsable-cite": "usc/26/32" } ] } ]

[ "Ways and Means Committee" ]