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[ { "text": "1. Short title \nThis Act may be cited as the Services for Ending Long-Term Homelessness Act.", "id": "HAFF1DCBB063F4BFDBE480300D1C8FACF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Duties of Center for Mental Health Services \nSection 520(b) of the Public Health Service Act ( 42 U.S.C. 290bb–31(b) ) is amended— (1) in paragraph (14), by striking and at the end; (2) in paragraph (15), by striking the period and inserting ; and ; and (3) by adding at the end the following: (16) administer the program under part J in consultation with the Director of the Center for Substance Abuse Treatment; (17) provide technical assistance, in consultation with the Director of the Center for Substance Abuse Treatment, to public and private entities that are providers of permanent supportive housing that includes individuals who are chronically homeless as defined in section 596(m); and (18) implement a comprehensive approach to support the widespread dissemination of information about services in permanent supportive housing targeted to individuals who have been homeless for long periods of time and have disabilities, including the use of existing clearinghouses, toolkits, and registries of promising practices..", "id": "HD5A2B9ECC9D042EC8C6038C77A554F6", "header": "Duties of Center for Mental Health Services", "nested": [], "links": [ { "text": "42 U.S.C. 290bb–31(b)", "legal-doc": "usc", "parsable-cite": "usc/42/290bb-31" } ] }, { "text": "3. Duties of Administrator of Substance Abuse and Mental Health Services Administration \nSection 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) in paragraph (17), by striking and at the end; (2) in paragraph (18), by striking the period and inserting ; and ; and (3) by adding at the end the following: (19) design national strategies for providing services in supportive housing that will assist in ending chronic homelessness; (20) collaborate with Federal departments and programs that are part of the President’s Interagency Council on Homelessness, particularly the Department of Housing and Urban Development, the Department of Labor, and the Department of Veterans Affairs, and with other agencies within the Department of Health and Human Services, particularly the Health Resources and Services Administration, the Administration on Children and Families, and the Centers for Medicare and Medicaid Services, to implement programs that address chronic homelessness; (21) develop improved methods of serving individuals with mental illness, physical illness, disabilities, substance abuse, or co-occurring disorders, to ensure that they remain stably housed; (22) promote collaboration between Federal, State and local agencies that are responsible for criminal justice, mental health, substance abuse treatment, medical care, employment training, and other systems of care that serve individuals who are chronically homeless to ensure that services are delivered in a coordinated manner that promotes housing stability; and (23) collaborate with the Department of Housing and Urban Development and the Health Resources and Services Administration to develop a streamlined set of data collection, reporting, and performance measurements for programs that provide housing and services to homeless persons, and recommend to the Office of Management and Budget a consistent set of performance standards for these programs consistent with the requirements of the Government Performance and Results Act..", "id": "H0F7C804C342F441C96CEDD00B8E226BD", "header": "Duties of Administrator of Substance Abuse and Mental Health Services Administration", "nested": [], "links": [ { "text": "42 U.S.C. 290aa(d)", "legal-doc": "usc", "parsable-cite": "usc/42/290aa" } ] }, { "text": "4. Grants for services for chronically homeless individuals in supportive housing \nTitle V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: J GRANTS FOR SERVICES TO END CHRONIC HOMELESSNESS \n596. Grants for services to end chronic homelessness \n(a) In general \n(1) Grants \nThe Secretary shall make grants to entities described in paragraph (2) for the purpose of carrying out projects to provide the services described in subsection (c) to chronically homeless individuals in permanent supportive housing. (2) Eligible entities \nFor purposes of paragraph (1), an entity described in this paragraph is— (A) a State or political subdivision of a State, an Indian tribe or tribal organization, or a public or nonprofit private entity, including a community-based or faith-based provider of homelessness services, health care, housing, or other services important to individuals experiencing chronic homelessness; or (B) a consortium composed of entities described in subparagraph (A), which consortium includes a public or nonprofit private entity that serves as the lead applicant and has responsibility for coordinating the activities of the consortium. (b) Priorities \nIn making grants under subsection (a), the Secretary shall give priority to applicants demonstrating that the applicants— (1) target funds to individuals or families who— (A) have been homeless for longer periods of time or have experienced more episodes of homelessness than are required to meet the definition of chronic homelessness under this section; (B) have high rates of utilization of emergency public systems of care; or (C) have a history of interactions with law enforcement and the criminal justice system; (2) have greater funding commitments from State or local government agencies responsible for overseeing mental health treatment, substance abuse treatment, medical care, and employment (including commitments to provide Federal funds in accordance with subsection (e)(2)(B)(ii)); and (3) will provide for an increase in the number of units of permanent supportive housing that would serve chronically homeless individuals in the community as a result of an award of a grant under subsection (a). (c) Services \nThe services referred to in subsection (a) are the following: (1) Services provided by the grantee or by qualified subcontractors that promote recovery and self-sufficiency and address barriers to housing stability, including but not limited to the following: (A) Mental health services, including treatment and recovery support services. (B) Substance abuse treatment and recovery support services, including counseling, treatment planning, recovery coaching, and relapse prevention. (C) Integrated, coordinated treatment and recovery support services for co-occurring disorders. (D) Health education. (E) Referrals for medical and dental care. (F) Benefits advocacy, and money management. (G) Life skills training. (H) Parental skills training and family support. (I) Self-help programs. (J) Engagement and motivational interventions. (K) Case management. (L) Other supportive services that promote an end to chronic homelessness. (2) Services, as described in paragraph (1), that are delivered to individuals and families who are chronically homeless and who are scheduled to become residents of permanent supportive housing within 90 days pending the location or development of an appropriate unit of housing. (3) For individuals and families who are otherwise eligible, and who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing, services, as described in paragraph (1), that are delivered, for a period of 90 days after exiting permanent supportive housing or until the individuals have transitioned to comprehensive services adequate to meet their current needs, provided that the purpose of the services is to support the individuals in their choice to transition into housing that is responsive to their individual needs and preferences. (d) Certain requirements \nA condition for the receipt of a grant under subsection (a) is that the applicant involved demonstrate the following: (1) The applicant and all direct providers of services have the experience, infrastructure, and expertise needed to ensure the quality and effectiveness of services, which may be demonstrated by any of the following: (A) Compliance with all local, city, county, or State requirements for licensing, accreditation, or certification (if any) which are applicable to the proposed project. (B) A minimum of two years experience providing comparable services that do not require licensing, accreditation, or certification. (C) Certification as a Medicaid service provider, including health care for the homeless programs and community health centers. (D) An executed agreement with a relevant State or local government agency that will provide oversight over the mental health, substance abuse, or other services that will be delivered by the project. (2) There is a mechanism for determining whether residents are chronically homeless. Such a mechanism may rely on local data systems or records of shelter admission. If there are no sources of data regarding the duration or number of homeless episodes, or if such data are unreliable for the purposes of this subsection, an applicant must demonstrate that the project will implement appropriate procedures, taking into consideration the capacity of local homeless service providers to document episodes of homelessness and the challenges of engaging persons who have been chronically homeless, to verify that an individual or family meets the definition for being chronically homeless under this section. (3) The applicant participates in a local, regional, or statewide homeless management information system. (e) Matching funds \n(1) In general \nA condition for the receipt of a grant under subsection (a) is that, with respect to the cost of the project to be carried out by an applicant pursuant to such subsection, the applicant agree as follows: (A) In the case of the initial grant pursuant to subsection (i)(1)(A), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. (B) In the case of a renewal grant pursuant to subsection (i)(1)(B), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $1 of Federal funds provided in the grant. (2) Source of contribution \nFor purposes of paragraph (1), contributions made by an applicant are in accordance with this paragraph if made as follows: (A) The contribution is made from funds of the applicant or from donations from public or private entities. (B) Of the contribution— (i) not less than 80 percent is from non-Federal funds; and (ii) not more than 20 percent is from Federal funds provided under programs that— (I) are not expressly directed at services for homeless individuals, but whose purposes are broad enough to include the provision of a service or services described in subsection (c) as authorized expenditures under such program; and (II) do not prohibit Federal funds under the program from being used to provide a contribution that is required as a condition for obtaining Federal funds. (3) Determination of amount contributed \nContributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required in paragraph (2)(B)(i). (f) Administrative expenses \nA condition for the receipt of a grant under subsection (a) is that the applicant involved agree that not more than 6 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Certain uses of funds \nNotwithstanding other provisions of this section, a grantee under subsection (a) may expend not more than 20 percent of the grant to provide the services described in subsection (c) to homeless individuals who are not chronically homeless. (h) Application for Grant \nA grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (i) Duration of initial and renewal grants; additional provisions regarding renewal grants \n(1) In general \nSubject to paragraphs (2) and (3), the period during which payments are made to a grantee under subsection (a) shall be in accordance with the following: (A) In the case of the initial grant, the period of payments shall be not less than three years and not more than five years. (B) In the case of a subsequent grant (referred to in this subsection as a renewal grant ), the period of payments shall be not more than five years. (2) Annual approval; availability of appropriations; number of grants \nThe provision of payments under an initial or renewal grant is subject to annual approval by the Secretary of the payments and to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed as establishing a limitation on the number of grants under subsection (a) that may be made to an entity. (3) Additional provisions regarding renewal grants \n(A) Priority in making grants \nIn making grants under subsection (a), the Secretary shall give priority to renewal grants. (B) Compliance with minimum standards \nA renewal grant may be made by the Secretary only if the Secretary determines that the applicant involved has, in the project carried out with the grant, maintained compliance with minimum standards for quality and successful outcomes for housing retention, as determined by the Secretary. (C) Evaluation of applicants \nIn evaluating an applicant for a renewal grant, the Secretary shall consider such applicant in relation to other applicants for renewal grants, and not in relation to applicants for initial grants. (j) Data collection; evaluations \n(1) In general \nThe Secretary may, as a condition of the receipt of grants under subsection (a), require grantees to provide data to the Secretary regarding the projects carried out pursuant to such subsection, and may require evaluations of the projects. The purpose of such requirements shall be to assist the Secretary in— (A) determining whether grantees are meeting the standards referred to in subsection (i)(3)(B); and (B) determining the extent to which individuals served by projects under subsection (a) are avoiding homelessness and achieving housing stability. (2) Consistency with other homeless assistance programs \nIn establishing requirements under paragraph (1), the Secretary shall develop and implement an approach that is practical, streamlined, and designed for consistency with the requirements of the homeless assistance programs administered by the Secretary of Housing and Urban Development. (3) Use of grant \nA grantee under subsection (a) may expend the grant to comply with requirements established by the Secretary under paragraph (1). For purposes of subsection (f), such expenditures of the grant shall not be included in determining the portion of the grant that has been expended for administrative expenses. (4) Availability of grant for direct services \nIn order to maximize the proportion of grant funds that are available directly for the provision of services described in subsection (c), the Secretary shall ensure that requirements under paragraph (1) minimize the cost and burdens imposed on grantees by using a coordinated and streamlined methodology. Such methodology may rely on appropriate sampling techniques. (k) Training and technical assistance \nThe Secretary, directly or through awards of grants or contracts to public or nonprofit private entities, shall provide training and technical assistance regarding the planning, development, and provision of services in projects under subsection (a). (l) Biennial reports to Congress \nNot later than two years after the date of the enactment of the Services for Ending Long-Term Homelessness Act, and biennially thereafter, the Secretary shall submit to the Congress a report on projects under subsection (a) that includes a summary of information received by the Secretary under subsection (j), and that describes the impact of the program under subsection (a) as part of a comprehensive strategy for ending long term homelessness and improving outcomes for individuals with mental illness and substance abuse problems. (m) Definitions \nFor purposes of this section: (1) The term chronically homeless means an individual or family who— (A) is currently homeless; (B) has been homeless continuously for at least one year or has been homeless on at least four separate occasions in the last three years; and (C) has an adult head of household with a disabling condition, defined as a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. (2) The term disabling condition means a condition that limits an individual’s ability to work or perform one or more activities of daily living. (3) The term homeless means sleeping in a place not meant for human habitation or in an emergency homeless shelter. (4) (A) The term permanent supportive housing means permanent, affordable housing with flexible support services that are available and designed to help the tenants stay housed and build the necessary skills to live as independently as possible. Such term does not include housing that is time-limited. Supportive housing offers residents assistance in reaching their full potential, which may include opportunities to secure other housing that meets their needs and preferences, based on individual choice instead of the requirements of time-limited transitional programs. Under this section, permanent affordable housing includes but is not limited to permanent housing funded or assisted through title IV of the McKinney-Vento Homeless Assistance Act and section (8) of the United States Housing Act of 1937. (B) For purposes of subparagraph (A), the term affordable means within the financial means of individuals who are extremely low income, as defined by the Secretary of Housing and Urban Development. (n) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009. (2) Allocation for training and technical assistance \nOf the amount appropriated under paragraph (1) for a fiscal year, the Secretary may reserve not more than 3 percent for carrying out subsection (k)..", "id": "H2182E5831C654B3BA073FFA23CE85298", "header": "Grants for services for chronically homeless individuals in supportive housing", "nested": [], "links": [ { "text": "42 U.S.C. 290aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290aa" } ] }, { "text": "596. Grants for services to end chronic homelessness \n(a) In general \n(1) Grants \nThe Secretary shall make grants to entities described in paragraph (2) for the purpose of carrying out projects to provide the services described in subsection (c) to chronically homeless individuals in permanent supportive housing. (2) Eligible entities \nFor purposes of paragraph (1), an entity described in this paragraph is— (A) a State or political subdivision of a State, an Indian tribe or tribal organization, or a public or nonprofit private entity, including a community-based or faith-based provider of homelessness services, health care, housing, or other services important to individuals experiencing chronic homelessness; or (B) a consortium composed of entities described in subparagraph (A), which consortium includes a public or nonprofit private entity that serves as the lead applicant and has responsibility for coordinating the activities of the consortium. (b) Priorities \nIn making grants under subsection (a), the Secretary shall give priority to applicants demonstrating that the applicants— (1) target funds to individuals or families who— (A) have been homeless for longer periods of time or have experienced more episodes of homelessness than are required to meet the definition of chronic homelessness under this section; (B) have high rates of utilization of emergency public systems of care; or (C) have a history of interactions with law enforcement and the criminal justice system; (2) have greater funding commitments from State or local government agencies responsible for overseeing mental health treatment, substance abuse treatment, medical care, and employment (including commitments to provide Federal funds in accordance with subsection (e)(2)(B)(ii)); and (3) will provide for an increase in the number of units of permanent supportive housing that would serve chronically homeless individuals in the community as a result of an award of a grant under subsection (a). (c) Services \nThe services referred to in subsection (a) are the following: (1) Services provided by the grantee or by qualified subcontractors that promote recovery and self-sufficiency and address barriers to housing stability, including but not limited to the following: (A) Mental health services, including treatment and recovery support services. (B) Substance abuse treatment and recovery support services, including counseling, treatment planning, recovery coaching, and relapse prevention. (C) Integrated, coordinated treatment and recovery support services for co-occurring disorders. (D) Health education. (E) Referrals for medical and dental care. (F) Benefits advocacy, and money management. (G) Life skills training. (H) Parental skills training and family support. (I) Self-help programs. (J) Engagement and motivational interventions. (K) Case management. (L) Other supportive services that promote an end to chronic homelessness. (2) Services, as described in paragraph (1), that are delivered to individuals and families who are chronically homeless and who are scheduled to become residents of permanent supportive housing within 90 days pending the location or development of an appropriate unit of housing. (3) For individuals and families who are otherwise eligible, and who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing, services, as described in paragraph (1), that are delivered, for a period of 90 days after exiting permanent supportive housing or until the individuals have transitioned to comprehensive services adequate to meet their current needs, provided that the purpose of the services is to support the individuals in their choice to transition into housing that is responsive to their individual needs and preferences. (d) Certain requirements \nA condition for the receipt of a grant under subsection (a) is that the applicant involved demonstrate the following: (1) The applicant and all direct providers of services have the experience, infrastructure, and expertise needed to ensure the quality and effectiveness of services, which may be demonstrated by any of the following: (A) Compliance with all local, city, county, or State requirements for licensing, accreditation, or certification (if any) which are applicable to the proposed project. (B) A minimum of two years experience providing comparable services that do not require licensing, accreditation, or certification. (C) Certification as a Medicaid service provider, including health care for the homeless programs and community health centers. (D) An executed agreement with a relevant State or local government agency that will provide oversight over the mental health, substance abuse, or other services that will be delivered by the project. (2) There is a mechanism for determining whether residents are chronically homeless. Such a mechanism may rely on local data systems or records of shelter admission. If there are no sources of data regarding the duration or number of homeless episodes, or if such data are unreliable for the purposes of this subsection, an applicant must demonstrate that the project will implement appropriate procedures, taking into consideration the capacity of local homeless service providers to document episodes of homelessness and the challenges of engaging persons who have been chronically homeless, to verify that an individual or family meets the definition for being chronically homeless under this section. (3) The applicant participates in a local, regional, or statewide homeless management information system. (e) Matching funds \n(1) In general \nA condition for the receipt of a grant under subsection (a) is that, with respect to the cost of the project to be carried out by an applicant pursuant to such subsection, the applicant agree as follows: (A) In the case of the initial grant pursuant to subsection (i)(1)(A), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. (B) In the case of a renewal grant pursuant to subsection (i)(1)(B), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $1 of Federal funds provided in the grant. (2) Source of contribution \nFor purposes of paragraph (1), contributions made by an applicant are in accordance with this paragraph if made as follows: (A) The contribution is made from funds of the applicant or from donations from public or private entities. (B) Of the contribution— (i) not less than 80 percent is from non-Federal funds; and (ii) not more than 20 percent is from Federal funds provided under programs that— (I) are not expressly directed at services for homeless individuals, but whose purposes are broad enough to include the provision of a service or services described in subsection (c) as authorized expenditures under such program; and (II) do not prohibit Federal funds under the program from being used to provide a contribution that is required as a condition for obtaining Federal funds. (3) Determination of amount contributed \nContributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required in paragraph (2)(B)(i). (f) Administrative expenses \nA condition for the receipt of a grant under subsection (a) is that the applicant involved agree that not more than 6 percent of the grant will be expended for administrative expenses with respect to the grant. (g) Certain uses of funds \nNotwithstanding other provisions of this section, a grantee under subsection (a) may expend not more than 20 percent of the grant to provide the services described in subsection (c) to homeless individuals who are not chronically homeless. (h) Application for Grant \nA grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (i) Duration of initial and renewal grants; additional provisions regarding renewal grants \n(1) In general \nSubject to paragraphs (2) and (3), the period during which payments are made to a grantee under subsection (a) shall be in accordance with the following: (A) In the case of the initial grant, the period of payments shall be not less than three years and not more than five years. (B) In the case of a subsequent grant (referred to in this subsection as a renewal grant ), the period of payments shall be not more than five years. (2) Annual approval; availability of appropriations; number of grants \nThe provision of payments under an initial or renewal grant is subject to annual approval by the Secretary of the payments and to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed as establishing a limitation on the number of grants under subsection (a) that may be made to an entity. (3) Additional provisions regarding renewal grants \n(A) Priority in making grants \nIn making grants under subsection (a), the Secretary shall give priority to renewal grants. (B) Compliance with minimum standards \nA renewal grant may be made by the Secretary only if the Secretary determines that the applicant involved has, in the project carried out with the grant, maintained compliance with minimum standards for quality and successful outcomes for housing retention, as determined by the Secretary. (C) Evaluation of applicants \nIn evaluating an applicant for a renewal grant, the Secretary shall consider such applicant in relation to other applicants for renewal grants, and not in relation to applicants for initial grants. (j) Data collection; evaluations \n(1) In general \nThe Secretary may, as a condition of the receipt of grants under subsection (a), require grantees to provide data to the Secretary regarding the projects carried out pursuant to such subsection, and may require evaluations of the projects. The purpose of such requirements shall be to assist the Secretary in— (A) determining whether grantees are meeting the standards referred to in subsection (i)(3)(B); and (B) determining the extent to which individuals served by projects under subsection (a) are avoiding homelessness and achieving housing stability. (2) Consistency with other homeless assistance programs \nIn establishing requirements under paragraph (1), the Secretary shall develop and implement an approach that is practical, streamlined, and designed for consistency with the requirements of the homeless assistance programs administered by the Secretary of Housing and Urban Development. (3) Use of grant \nA grantee under subsection (a) may expend the grant to comply with requirements established by the Secretary under paragraph (1). For purposes of subsection (f), such expenditures of the grant shall not be included in determining the portion of the grant that has been expended for administrative expenses. (4) Availability of grant for direct services \nIn order to maximize the proportion of grant funds that are available directly for the provision of services described in subsection (c), the Secretary shall ensure that requirements under paragraph (1) minimize the cost and burdens imposed on grantees by using a coordinated and streamlined methodology. Such methodology may rely on appropriate sampling techniques. (k) Training and technical assistance \nThe Secretary, directly or through awards of grants or contracts to public or nonprofit private entities, shall provide training and technical assistance regarding the planning, development, and provision of services in projects under subsection (a). (l) Biennial reports to Congress \nNot later than two years after the date of the enactment of the Services for Ending Long-Term Homelessness Act, and biennially thereafter, the Secretary shall submit to the Congress a report on projects under subsection (a) that includes a summary of information received by the Secretary under subsection (j), and that describes the impact of the program under subsection (a) as part of a comprehensive strategy for ending long term homelessness and improving outcomes for individuals with mental illness and substance abuse problems. (m) Definitions \nFor purposes of this section: (1) The term chronically homeless means an individual or family who— (A) is currently homeless; (B) has been homeless continuously for at least one year or has been homeless on at least four separate occasions in the last three years; and (C) has an adult head of household with a disabling condition, defined as a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. (2) The term disabling condition means a condition that limits an individual’s ability to work or perform one or more activities of daily living. (3) The term homeless means sleeping in a place not meant for human habitation or in an emergency homeless shelter. (4) (A) The term permanent supportive housing means permanent, affordable housing with flexible support services that are available and designed to help the tenants stay housed and build the necessary skills to live as independently as possible. Such term does not include housing that is time-limited. Supportive housing offers residents assistance in reaching their full potential, which may include opportunities to secure other housing that meets their needs and preferences, based on individual choice instead of the requirements of time-limited transitional programs. Under this section, permanent affordable housing includes but is not limited to permanent housing funded or assisted through title IV of the McKinney-Vento Homeless Assistance Act and section (8) of the United States Housing Act of 1937. (B) For purposes of subparagraph (A), the term affordable means within the financial means of individuals who are extremely low income, as defined by the Secretary of Housing and Urban Development. (n) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009. (2) Allocation for training and technical assistance \nOf the amount appropriated under paragraph (1) for a fiscal year, the Secretary may reserve not more than 3 percent for carrying out subsection (k).", "id": "H0F00547F50354E90B121CAA3F36E81CF", "header": "Grants for services to end chronic homelessness", "nested": [ { "text": "(a) In general \n(1) Grants \nThe Secretary shall make grants to entities described in paragraph (2) for the purpose of carrying out projects to provide the services described in subsection (c) to chronically homeless individuals in permanent supportive housing. (2) Eligible entities \nFor purposes of paragraph (1), an entity described in this paragraph is— (A) a State or political subdivision of a State, an Indian tribe or tribal organization, or a public or nonprofit private entity, including a community-based or faith-based provider of homelessness services, health care, housing, or other services important to individuals experiencing chronic homelessness; or (B) a consortium composed of entities described in subparagraph (A), which consortium includes a public or nonprofit private entity that serves as the lead applicant and has responsibility for coordinating the activities of the consortium.", "id": "HA47E38A0549247C89CB01EB89E6235C5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Priorities \nIn making grants under subsection (a), the Secretary shall give priority to applicants demonstrating that the applicants— (1) target funds to individuals or families who— (A) have been homeless for longer periods of time or have experienced more episodes of homelessness than are required to meet the definition of chronic homelessness under this section; (B) have high rates of utilization of emergency public systems of care; or (C) have a history of interactions with law enforcement and the criminal justice system; (2) have greater funding commitments from State or local government agencies responsible for overseeing mental health treatment, substance abuse treatment, medical care, and employment (including commitments to provide Federal funds in accordance with subsection (e)(2)(B)(ii)); and (3) will provide for an increase in the number of units of permanent supportive housing that would serve chronically homeless individuals in the community as a result of an award of a grant under subsection (a).", "id": "HA08A87E1FB4F4BA8B4DAD3F4D206F78", "header": "Priorities", "nested": [], "links": [] }, { "text": "(c) Services \nThe services referred to in subsection (a) are the following: (1) Services provided by the grantee or by qualified subcontractors that promote recovery and self-sufficiency and address barriers to housing stability, including but not limited to the following: (A) Mental health services, including treatment and recovery support services. (B) Substance abuse treatment and recovery support services, including counseling, treatment planning, recovery coaching, and relapse prevention. (C) Integrated, coordinated treatment and recovery support services for co-occurring disorders. (D) Health education. (E) Referrals for medical and dental care. (F) Benefits advocacy, and money management. (G) Life skills training. (H) Parental skills training and family support. (I) Self-help programs. (J) Engagement and motivational interventions. (K) Case management. (L) Other supportive services that promote an end to chronic homelessness. (2) Services, as described in paragraph (1), that are delivered to individuals and families who are chronically homeless and who are scheduled to become residents of permanent supportive housing within 90 days pending the location or development of an appropriate unit of housing. (3) For individuals and families who are otherwise eligible, and who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing, services, as described in paragraph (1), that are delivered, for a period of 90 days after exiting permanent supportive housing or until the individuals have transitioned to comprehensive services adequate to meet their current needs, provided that the purpose of the services is to support the individuals in their choice to transition into housing that is responsive to their individual needs and preferences.", "id": "H8EA0FA0649404100B3D410CC9DAB6177", "header": "Services", "nested": [], "links": [] }, { "text": "(d) Certain requirements \nA condition for the receipt of a grant under subsection (a) is that the applicant involved demonstrate the following: (1) The applicant and all direct providers of services have the experience, infrastructure, and expertise needed to ensure the quality and effectiveness of services, which may be demonstrated by any of the following: (A) Compliance with all local, city, county, or State requirements for licensing, accreditation, or certification (if any) which are applicable to the proposed project. (B) A minimum of two years experience providing comparable services that do not require licensing, accreditation, or certification. (C) Certification as a Medicaid service provider, including health care for the homeless programs and community health centers. (D) An executed agreement with a relevant State or local government agency that will provide oversight over the mental health, substance abuse, or other services that will be delivered by the project. (2) There is a mechanism for determining whether residents are chronically homeless. Such a mechanism may rely on local data systems or records of shelter admission. If there are no sources of data regarding the duration or number of homeless episodes, or if such data are unreliable for the purposes of this subsection, an applicant must demonstrate that the project will implement appropriate procedures, taking into consideration the capacity of local homeless service providers to document episodes of homelessness and the challenges of engaging persons who have been chronically homeless, to verify that an individual or family meets the definition for being chronically homeless under this section. (3) The applicant participates in a local, regional, or statewide homeless management information system.", "id": "H57E3F4849C3F4536A2E0D86000571FD6", "header": "Certain requirements", "nested": [], "links": [] }, { "text": "(e) Matching funds \n(1) In general \nA condition for the receipt of a grant under subsection (a) is that, with respect to the cost of the project to be carried out by an applicant pursuant to such subsection, the applicant agree as follows: (A) In the case of the initial grant pursuant to subsection (i)(1)(A), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. (B) In the case of a renewal grant pursuant to subsection (i)(1)(B), the applicant will, in accordance with paragraphs (2) and (3), make available contributions toward such costs in an amount that is not less than $1 for each $1 of Federal funds provided in the grant. (2) Source of contribution \nFor purposes of paragraph (1), contributions made by an applicant are in accordance with this paragraph if made as follows: (A) The contribution is made from funds of the applicant or from donations from public or private entities. (B) Of the contribution— (i) not less than 80 percent is from non-Federal funds; and (ii) not more than 20 percent is from Federal funds provided under programs that— (I) are not expressly directed at services for homeless individuals, but whose purposes are broad enough to include the provision of a service or services described in subsection (c) as authorized expenditures under such program; and (II) do not prohibit Federal funds under the program from being used to provide a contribution that is required as a condition for obtaining Federal funds. (3) Determination of amount contributed \nContributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required in paragraph (2)(B)(i).", "id": "H7159AA92FD254BB2982C042196F19DFC", "header": "Matching funds", "nested": [], "links": [] }, { "text": "(f) Administrative expenses \nA condition for the receipt of a grant under subsection (a) is that the applicant involved agree that not more than 6 percent of the grant will be expended for administrative expenses with respect to the grant.", "id": "HA75C8E47B0C341449393C5B2C6ED09B", "header": "Administrative expenses", "nested": [], "links": [] }, { "text": "(g) Certain uses of funds \nNotwithstanding other provisions of this section, a grantee under subsection (a) may expend not more than 20 percent of the grant to provide the services described in subsection (c) to homeless individuals who are not chronically homeless.", "id": "HDC31B7891A514BC9A438247566934771", "header": "Certain uses of funds", "nested": [], "links": [] }, { "text": "(h) Application for Grant \nA grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.", "id": "HB0D9C6B10DAA462BB921E1D83C4D10CF", "header": "Application for Grant", "nested": [], "links": [] }, { "text": "(i) Duration of initial and renewal grants; additional provisions regarding renewal grants \n(1) In general \nSubject to paragraphs (2) and (3), the period during which payments are made to a grantee under subsection (a) shall be in accordance with the following: (A) In the case of the initial grant, the period of payments shall be not less than three years and not more than five years. (B) In the case of a subsequent grant (referred to in this subsection as a renewal grant ), the period of payments shall be not more than five years. (2) Annual approval; availability of appropriations; number of grants \nThe provision of payments under an initial or renewal grant is subject to annual approval by the Secretary of the payments and to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed as establishing a limitation on the number of grants under subsection (a) that may be made to an entity. (3) Additional provisions regarding renewal grants \n(A) Priority in making grants \nIn making grants under subsection (a), the Secretary shall give priority to renewal grants. (B) Compliance with minimum standards \nA renewal grant may be made by the Secretary only if the Secretary determines that the applicant involved has, in the project carried out with the grant, maintained compliance with minimum standards for quality and successful outcomes for housing retention, as determined by the Secretary. (C) Evaluation of applicants \nIn evaluating an applicant for a renewal grant, the Secretary shall consider such applicant in relation to other applicants for renewal grants, and not in relation to applicants for initial grants.", "id": "H265D5338B1D2472E895F924FE3C48418", "header": "Duration of initial and renewal grants; additional provisions regarding renewal grants", "nested": [], "links": [] }, { "text": "(j) Data collection; evaluations \n(1) In general \nThe Secretary may, as a condition of the receipt of grants under subsection (a), require grantees to provide data to the Secretary regarding the projects carried out pursuant to such subsection, and may require evaluations of the projects. The purpose of such requirements shall be to assist the Secretary in— (A) determining whether grantees are meeting the standards referred to in subsection (i)(3)(B); and (B) determining the extent to which individuals served by projects under subsection (a) are avoiding homelessness and achieving housing stability. (2) Consistency with other homeless assistance programs \nIn establishing requirements under paragraph (1), the Secretary shall develop and implement an approach that is practical, streamlined, and designed for consistency with the requirements of the homeless assistance programs administered by the Secretary of Housing and Urban Development. (3) Use of grant \nA grantee under subsection (a) may expend the grant to comply with requirements established by the Secretary under paragraph (1). For purposes of subsection (f), such expenditures of the grant shall not be included in determining the portion of the grant that has been expended for administrative expenses. (4) Availability of grant for direct services \nIn order to maximize the proportion of grant funds that are available directly for the provision of services described in subsection (c), the Secretary shall ensure that requirements under paragraph (1) minimize the cost and burdens imposed on grantees by using a coordinated and streamlined methodology. Such methodology may rely on appropriate sampling techniques.", "id": "H4E915E0F7391467E8DCCEE2145DC8CCA", "header": "Data collection; evaluations", "nested": [], "links": [] }, { "text": "(k) Training and technical assistance \nThe Secretary, directly or through awards of grants or contracts to public or nonprofit private entities, shall provide training and technical assistance regarding the planning, development, and provision of services in projects under subsection (a).", "id": "H8D27B7F24B5641E58CAFBACD2BF34200", "header": "Training and technical assistance", "nested": [], "links": [] }, { "text": "(l) Biennial reports to Congress \nNot later than two years after the date of the enactment of the Services for Ending Long-Term Homelessness Act, and biennially thereafter, the Secretary shall submit to the Congress a report on projects under subsection (a) that includes a summary of information received by the Secretary under subsection (j), and that describes the impact of the program under subsection (a) as part of a comprehensive strategy for ending long term homelessness and improving outcomes for individuals with mental illness and substance abuse problems.", "id": "H0734535508A548C2BF60D16E95972F64", "header": "Biennial reports to Congress", "nested": [], "links": [] }, { "text": "(m) Definitions \nFor purposes of this section: (1) The term chronically homeless means an individual or family who— (A) is currently homeless; (B) has been homeless continuously for at least one year or has been homeless on at least four separate occasions in the last three years; and (C) has an adult head of household with a disabling condition, defined as a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. (2) The term disabling condition means a condition that limits an individual’s ability to work or perform one or more activities of daily living. (3) The term homeless means sleeping in a place not meant for human habitation or in an emergency homeless shelter. (4) (A) The term permanent supportive housing means permanent, affordable housing with flexible support services that are available and designed to help the tenants stay housed and build the necessary skills to live as independently as possible. Such term does not include housing that is time-limited. Supportive housing offers residents assistance in reaching their full potential, which may include opportunities to secure other housing that meets their needs and preferences, based on individual choice instead of the requirements of time-limited transitional programs. Under this section, permanent affordable housing includes but is not limited to permanent housing funded or assisted through title IV of the McKinney-Vento Homeless Assistance Act and section (8) of the United States Housing Act of 1937. (B) For purposes of subparagraph (A), the term affordable means within the financial means of individuals who are extremely low income, as defined by the Secretary of Housing and Urban Development.", "id": "HD226CC08611D439FA42F2F1E26F741F9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(n) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009. (2) Allocation for training and technical assistance \nOf the amount appropriated under paragraph (1) for a fiscal year, the Secretary may reserve not more than 3 percent for carrying out subsection (k).", "id": "HDC82561311674607938EBE14826152E", "header": "Funding", "nested": [], "links": [] } ], "links": [] } ]

[ "Affordable housing", "Case management", "Church and social problems", "Community health services", "Congregate housing", "Congress", "Congressional reporting requirements", "Continuum of care", "Counseling", "Crime and Law Enforcement", "Crime prevention", "Dental care", "Disabled", "Drug abuse", "Drug abuse treatment", "Economics and Public Finance", "Education", "Evaluation research (Social action programs)", "Families", "Family services", "Federal aid to housing", "Finance and Financial Sector", "Government Operations and Politics", "Government paperwork", "Government publicity", "Grants-in-aid", "Health", "Health education", "Homeless", "Housing and Community Development", "Job hunting", "Labor and Employment", "Management information systems", "Mental health services", "Mental illness", "Nonprofit organizations", "Parent and child", "Performance measurement", "Personal budgets", "Religion", "Standards" ]

[ { "text": "1. Suspension of duty on 2,2´-[(3,3´-Dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] Butanamide, 2,2´-[(3,3´-dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxo- \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.35.12 2,2´-[(3,3´-Dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] Butanamide, 2,2´-[(3,3´-dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxo- (CAS No. 5102-83-0) (provided for in subheading 3204.17.90) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H4E2BCF43A26744A08CA9643F5E27E148", "header": "Suspension of duty on 2,2´-[(3,3´-Dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] Butanamide, 2,2´-[(3,3´-dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxo-", "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: 9902.35.12 2,2´-[(3,3´-Dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxobutyramide] Butanamide, 2,2´-[(3,3´-dichloro[1,1´-biphenyl]-4,4´-diyl)bis(azo)]bis[N-(2,4-dimethylphenyl)-3-oxo- (CAS No. 5102-83-0) (provided for in subheading 3204.17.90) Free No Change No Change On or Before 12/31/2007.", "id": "H6CC058F793744296AD9EEB94D8B49DC2", "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": "H20ECDDA166FA40BD88657800F900FBC0", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Commerce", "Dyes and dyeing", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the Parental Responsibility Obligations Met through Immigration System Enforcement Act or PROMISE Act.", "id": "HF2D8B6E11F5D480A947E06B7897C023C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Aliens ineligible to receive visas and excluded from admission for nonpayment of child support \nSection 212(a)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10) ) is amended by adding at the end the following: (F) Nonpayment of child support \n(i) In general \nExcept as provided in clause (ii), an alien who is legally obligated under a judgment, decree, or order to pay child support and whose failure to pay such child support has resulted in an arrearage is inadmissible. (ii) Exception \nAn alien described in clause (i) may be admissible when child support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement..", "id": "H21CDAF98ED2B466997FAB1290C6FC17", "header": "Aliens ineligible to receive visas and excluded from admission for nonpayment of child support", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(10)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "3. Effect of nonpayment of child support on establishment of good moral character \nSection 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— (1) in paragraph (8), by striking the period at the end and inserting ; or ; and (2) by inserting after paragraph (8) the following: (9) one who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 212(a)(10)), and whose failure to pay such child support has resulted in any arrearage, unless support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement..", "id": "H60CD2AC4EC994FFEA0935D3EFEFEB423", "header": "Effect of nonpayment of child support on establishment of good moral character", "nested": [], "links": [ { "text": "8 U.S.C. 1101(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "4. Authorization to serve legal process in child support cases on certain arriving aliens \nSection 235(d) of the Immigration and Nationality Act ( 8 U.S.C. 1225(d) ) is amended by adding at the end the following: (5) Authority to serve process in child support cases \n(A) In general \nTo the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States, legal process with respect to any action to enforce a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act ). (B) Definition \nFor purposes of subparagraph (A), the term legal process means any writ, order, summons, or other similar process that is issued by— (i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or (ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law..", "id": "HE958C2E226B9447697272D80A01CA7F8", "header": "Authorization to serve legal process in child support cases on certain arriving aliens", "nested": [], "links": [ { "text": "8 U.S.C. 1225(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1225" } ] }, { "text": "5. Authorization to obtain information on child support payments by aliens \nSection 453(h) of the Social Security Act ( 42 U.S.C. 653(h) ) is amended by adding at the end the following: (4) Provision to attorney general and Secretary of State of information on persons delinquent in child support payments \nOn request by the Attorney General, Secretary of Homeland Security, or the Secretary of State, the Secretary of Health and Human Services shall provide the requestor with such information as the Secretary of Health and Human Services determines may aid them in determining whether an alien is delinquent in the payment of child support..", "id": "H3195E2C598C944EFA937BBE3DD04FFBF", "header": "Authorization to obtain information on child support payments by aliens", "nested": [], "links": [ { "text": "42 U.S.C. 653(h)", "legal-doc": "usc", "parsable-cite": "usc/42/653" } ] }, { "text": "6. Effective date \nThis Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act and shall apply to aliens who apply for benefits under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) on or after such effective date.", "id": "H99BDADCFE30344BCB3332E3635EE0331", "header": "Effective date", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]

[ "Admission of nonimmigrants", "Aliens", "Child support", "Collection of accounts", "Families", "Government Operations and Politics", "Government paperwork", "Immigrants", "Law", "Social Welfare", "Visas", "Warrants (Law)" ]

[ { "text": "1. Short title \nThis Act may be cited as the Southern California Groundwater Remediation Act.", "id": "HB9496400485543CBB7A252E625F4CC78", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nFor the purposes of this Act: (1) Groundwater remediation \nThe term groundwater remediation means actions that are necessary to prevent, minimize, clean up, or mitigate damage to groundwater. (2) Local water authority \nThe term local water authority means a currently existing (on the the date of the enactment of this Act) public water district, public water utility, public water planning agency, municipality, or Indian Tribe located within the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. (3) Remediation fund \nThe term Remediation Fund means the Southern California Basins Groundwater Remediation Fund established pursuant to section 3(a). (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H721C652FA5344DCBA547E35409EBB31F", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Southern California basins remediation \n(a) Southern California Basins Remediation \n(1) Establishment of remediation fund \nThere shall be established within the Treasury of the United States an interest bearing account to be known as the Southern California Basins Groundwater Remediation Fund. (2) Administration of remediation fund \nThe Remediation Fund shall be administered by the Secretary, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund \n(A) In general \nSubject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation \n(i) In general \nThe Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a groundwater remediation project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-federal responsibility \nEach local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-federal share \nFor purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I) all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses, and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b) Compliance with Applicable Law \nIn carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c) Relationship to Other Activities \nNothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the groundwater the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d) Financial Statements and Audits \nThe Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget. (e) Authorization of Appropriations \nThere is authorized to be appropriated to the Remediation such sums as may be necessary to carry out the purposes of this Act to remain available until expended.", "id": "HD6AA62D6F0224975BF7B5543009F69AB", "header": "Southern California basins remediation", "nested": [ { "text": "(a) Southern California Basins Remediation \n(1) Establishment of remediation fund \nThere shall be established within the Treasury of the United States an interest bearing account to be known as the Southern California Basins Groundwater Remediation Fund. (2) Administration of remediation fund \nThe Remediation Fund shall be administered by the Secretary, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund \n(A) In general \nSubject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation \n(i) In general \nThe Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a groundwater remediation project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-federal responsibility \nEach local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-federal share \nFor purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including— (I) all expenditures made by non-Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses, and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project.", "id": "HD8A90F59C21B45A190B6457222DC9D77", "header": "Southern California Basins Remediation", "nested": [], "links": [] }, { "text": "(b) Compliance with Applicable Law \nIn carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws.", "id": "H51E2533317B043D79072EB0922D56BAA", "header": "Compliance with Applicable Law", "nested": [], "links": [] }, { "text": "(c) Relationship to Other Activities \nNothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the groundwater the natural watersheds of the Santa Ana River or the San Gabriel River in the State of California. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities.", "id": "H3F2E3B574A7A4EDB8B7476AB1F06B3D3", "header": "Relationship to Other Activities", "nested": [], "links": [] }, { "text": "(d) Financial Statements and Audits \nThe Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget.", "id": "HEA35261E7218484F87E2881046C008A6", "header": "Financial Statements and Audits", "nested": [], "links": [] }, { "text": "(e) Authorization of Appropriations \nThere is authorized to be appropriated to the Remediation such sums as may be necessary to carry out the purposes of this Act to remain available until expended.", "id": "H7E67FA99A3434E0EB4DFB982DA1410B0", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Auditing", "California", "Construction costs", "Easements", "Economics and Public Finance", "Environmental assessment", "Federal aid to water pollution control", "Government Operations and Politics", "Government trust funds", "Groundwater", "Intergovernmental fiscal relations", "Land transfers", "Law", "Public Lands and Natural Resources", "Right-of-way", "Transportation and Public Works", "Water Resources Development", "Water districts", "Water pollution control", "Water rights", "Watersheds" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCE7FA2BF68994B628FB73EE44591B1C0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Duration of sanctions related to Cuba \n(a) Continuation of sanctions \n(1) Expiration \nNotwithstanding any other provision of law, the restrictions described in section 3(a) shall, with respect to Cuba, expire 1 year from the date of enactment of this Act unless renewed pursuant to paragraph (2) and subsection (b). (2) Resolution by Congress \nThe restrictions contained in section 3(a) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (b). (b) Renewal resolutions \n(1) In general \nFor purposes of this section, the term renewal resolution means a joint resolution of the two Houses of Congress, the sole matter after the resolving clause of which is as follows: That Congress approves the renewal of the restrictions contained in section 3(a) of the.. (2) Procedures \n(A) In general \nA renewal resolution— (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the restrictions described in section 3(a); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration \nThe provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.", "id": "HF3C5C23537F8403E81B696ED24B45FD4", "header": "Duration of sanctions related to Cuba", "nested": [ { "text": "(a) Continuation of sanctions \n(1) Expiration \nNotwithstanding any other provision of law, the restrictions described in section 3(a) shall, with respect to Cuba, expire 1 year from the date of enactment of this Act unless renewed pursuant to paragraph (2) and subsection (b). (2) Resolution by Congress \nThe restrictions contained in section 3(a) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (b).", "id": "HF12F08E7E0B8468B0082F427BFE8612", "header": "Continuation of sanctions", "nested": [], "links": [] }, { "text": "(b) Renewal resolutions \n(1) In general \nFor purposes of this section, the term renewal resolution means a joint resolution of the two Houses of Congress, the sole matter after the resolving clause of which is as follows: That Congress approves the renewal of the restrictions contained in section 3(a) of the.. (2) Procedures \n(A) In general \nA renewal resolution— (i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the restrictions described in section 3(a); and (ii) the provisions of subparagraph (B) shall apply. (B) Expedited consideration \nThe provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.", "id": "H076CF30C65434860B19B5D2903C172C9", "header": "Renewal resolutions", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Provisions restricting trade and other relations with Cuba \n(a) Provisions subject to renewal \nThe restrictions described in this subsection that are subject to renewal as described in section 2 are as follows: (1) The prohibition or termination of assistance contained in section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ). (2) The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act ( 50 U.S.C. App. 5(b) ), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of enactment of this Act. (3) Any prohibition on exports to Cuba that is in effect on the day before the date of enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (4) The sanctions contained in section 1704 and section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and 6005). (5) The sanctions contained in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. ). (6) The prohibitions relating to Cuba contained in sections 908, 909, and 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387 ; 22 U.S.C. 7207 , 7208, and 7209). (7) Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries). (8) The prohibition relating to sugar imports established under section 902(c) of the Food Security Act of 1985 ( 7 U.S.C. 1446g note; Public Law 99–198 ). (9) The restrictions on common carriers, as defined in section 3(10) of the Communications Act of 1934 ( 47 U.S.C. 153(10) ), related to Cuba, including restrictions regarding the installation, maintenance, repair, and upgrading of telecommunications equipment and facilities, and the provision of telecommunications services between the United States and Cuba. (b) Authority for new restrictions \nThe President may, on or after the date of enactment of this Act— (1) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 ; and (2) exercise the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that is not the basis for sanctions that exist before the date of the enactment of this Act.", "id": "HB8B2D1B5A75D4757A946324508D7ACF8", "header": "Provisions restricting trade and other relations with Cuba", "nested": [ { "text": "(a) Provisions subject to renewal \nThe restrictions described in this subsection that are subject to renewal as described in section 2 are as follows: (1) The prohibition or termination of assistance contained in section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ). (2) The authorities conferred upon the President by section 5(b) of the Trading with the Enemy Act ( 50 U.S.C. App. 5(b) ), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the date of enactment of this Act. (3) Any prohibition on exports to Cuba that is in effect on the day before the date of enactment of this Act under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (4) The sanctions contained in section 1704 and section 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and 6005). (5) The sanctions contained in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. ). (6) The prohibitions relating to Cuba contained in sections 908, 909, and 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387 ; 22 U.S.C. 7207 , 7208, and 7209). (7) Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries). (8) The prohibition relating to sugar imports established under section 902(c) of the Food Security Act of 1985 ( 7 U.S.C. 1446g note; Public Law 99–198 ). (9) The restrictions on common carriers, as defined in section 3(10) of the Communications Act of 1934 ( 47 U.S.C. 153(10) ), related to Cuba, including restrictions regarding the installation, maintenance, repair, and upgrading of telecommunications equipment and facilities, and the provision of telecommunications services between the United States and Cuba.", "id": "H61DEE26A90FB4B2BBA429DB2DCB300DB", "header": "Provisions subject to renewal", "nested": [], "links": [ { "text": "22 U.S.C. 2370(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2370" }, { "text": "50 U.S.C. App. 5(b)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/5" }, { "text": "22 U.S.C. 6021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/6021" }, { "text": "Public Law 106–387", "legal-doc": "public-law", "parsable-cite": "pl/106/387" }, { "text": "22 U.S.C. 7207", "legal-doc": "usc", "parsable-cite": "usc/22/7207" }, { "text": "section 901(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/901" }, { "text": "7 U.S.C. 1446g", "legal-doc": "usc", "parsable-cite": "usc/7/1446g" }, { "text": "Public Law 99–198", "legal-doc": "public-law", "parsable-cite": "pl/99/198" }, { "text": "47 U.S.C. 153(10)", "legal-doc": "usc", "parsable-cite": "usc/47/153" } ] }, { "text": "(b) Authority for new restrictions \nThe President may, on or after the date of enactment of this Act— (1) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 ; and (2) exercise the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat to the national security, foreign policy, or economy of the United States, that is not the basis for sanctions that exist before the date of the enactment of this Act.", "id": "H209700D0582F41D48F81B364E975128C", "header": "Authority for new restrictions", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] } ], "links": [ { "text": "22 U.S.C. 2370(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2370" }, { "text": "50 U.S.C. App. 5(b)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/5" }, { "text": "22 U.S.C. 6021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/6021" }, { "text": "Public Law 106–387", "legal-doc": "public-law", "parsable-cite": "pl/106/387" }, { "text": "22 U.S.C. 7207", "legal-doc": "usc", "parsable-cite": "usc/22/7207" }, { "text": "section 901(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/901" }, { "text": "7 U.S.C. 1446g", "legal-doc": "usc", "parsable-cite": "usc/7/1446g" }, { "text": "Public Law 99–198", "legal-doc": "public-law", "parsable-cite": "pl/99/198" }, { "text": "47 U.S.C. 153(10)", "legal-doc": "usc", "parsable-cite": "usc/47/153" }, { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "4. Travel \n(a) In general \nRestrictions related to travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, that may be regulated or prohibited shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Transactions incident to travel \nFor purposes of subsection (a), the term any transactions ordinarily incident to travel includes— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel.", "id": "H7E1C7FFC3815444FBEDBEC6E0870BDF1", "header": "Travel", "nested": [ { "text": "(a) In general \nRestrictions related to travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, that may be regulated or prohibited shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2.", "id": "HF25D5E56133C44D69D05B92392079800", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Transactions incident to travel \nFor purposes of subsection (a), the term any transactions ordinarily incident to travel includes— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel.", "id": "H469A26DAA5D74A2CB23E19C8DE22AB00", "header": "Transactions incident to travel", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Annual remittances \n(a) In general \nExcept as provided in subsection (b), any limit the Secretary of the Treasury may place on the amount of remittances to Cuba made by any person who is subject to the jurisdiction of the United States, shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2. (b) Statutory construction \nNothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).", "id": "H4555F386A26A4B56AF978C7D1840D539", "header": "Annual remittances", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), any limit the Secretary of the Treasury may place on the amount of remittances to Cuba made by any person who is subject to the jurisdiction of the United States, shall be subject to expiration, and renewal by joint resolution of the two Houses of Congress, as described in section 2.", "id": "HC8D32044D601425792F200C952D2E546", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Statutory construction \nNothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity).", "id": "H3B7D86CF0B254BE6ADB1984D5E001B50", "header": "Statutory construction", "nested": [], "links": [ { "text": "section 1956", "legal-doc": "usc", "parsable-cite": "usc/18/1956" } ] } ], "links": [ { "text": "section 1956", "legal-doc": "usc", "parsable-cite": "usc/18/1956" } ] } ]

[ "Agriculture and Food", "Agriculture in foreign trade", "Armed Forces and National Security", "Arms sales", "Caribbean area", "Civil Rights and Liberties, Minority Issues", "Commerce", "Common carriers", "Congress", "Congress and foreign policy", "Congressional oversight", "Cuba", "Debt relief", "Economic assistance", "Embargo", "Expedited congressional procedure", "Export controls", "Export finance", "Foreign Trade and International Finance", "Foreign exchange", "Foreign loans", "Foreign tax credit", "Import restrictions", "Income tax", "Latin America", "Legislative resolutions", "Military assistance", "Right to travel", "Sanctions (International law)", "Science, Technology, Communications", "Sugar", "Taxation", "Taxation of foreign income", "Telecommunication industry", "Trading with the enemy", "Transportation and Public Works", "Travel" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HFF43F832FFBB41FB80A4B474F221DE1F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prescription drug monitoring program \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding after section 399N the following: 399O. Prescription drug monitoring program \n(a) Prescription drug \nFor purposes of this section, the term prescription drug means— (1) a drug that is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ; or (2) a drug that is— (A) subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act ; and (B) identified for purposes of this section by the Secretary as potentially subject to abuse, diversion, and misuse. (b) Grants \nThe Secretary shall make a grant to each State that submits an application in accordance with subsection (k) for the purpose of establishing a prescription drug monitoring program described in this section. (c) Reporting requirements \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall require dispensers to report each dispensing in the State of a prescription drug to an ultimate user or research subject. (2) A State may exclude from the reporting requirement of this section— (A) the direct application of a prescription drug to the body of an ultimate user or research subject; (B) the dispensing of a prescription drug in a quantity limited to an amount adequate to treat the ultimate user or research subject involved for 48 hours or less; or (C) the application or dispensing of a prescription drug in accordance with an exclusion identified by the Secretary under subsection (i)(2). (3) Subject to paragraph (5), the information to be reported under this section with respect to the dispensing of a prescription drug shall include the following: (A) Drug Enforcement Administration Registration Number of the dispenser. (B) Drug Enforcement Administration Registration Number and name of the practitioner who prescribed the drug. (C) Name, address, and telephone number of the ultimate user or research subject. (D) Identification of the drug by a national drug code number. (E) Quantity dispensed. (F) Estimated number of days for which such quantity should last. (G) Number of refills ordered. (H) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (I) Date of the dispensing. (J) Date of origin of the prescription. (4) The State shall specify an electronic format for the reporting of information under this section and may waive the requirement of such format with respect to an individual dispenser. (5) The State may meet the requirements of paragraphs (3) and (4) by requiring that information be reported under this section in accordance with the current version of the telecommunications format for controlled substances of the American Society for Automation in Pharmacy. (d) Database \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish and maintain an electronic database containing the information reported to the State under this section. (2) The database must be searchable by any field or combination of fields. (3) The State shall include reported information in the database in a timely and efficient manner, with appropriate safeguards for ensuring the accuracy and completeness of the database. (4) The State shall take appropriate security measures to protect the integrity of, and access to, the database. (e) Required availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), shall comply with the following: (1) The State, taking into consideration the criteria established by the Secretary under subsection (i)(1), shall notify appropriate authorities responsible for drug diversion investigation if information in the database indicates a potential unlawful diversion or misuse of a prescription drug. (2) The State shall provide for sharing of information on a specific individual in the database with each State that— (A) maintains a database established under subsection (d); and (B) agrees to use the information in accordance with the requirements of this section. (3) The State shall automatically share information reported to the State under this section with another State if— (A) such other State maintains a database under subsection (d); and (B) the information concerns— (i) the dispensing of a prescription drug to an ultimate consumer or research subject who resides in such other State; or (ii) the dispensing of a prescription drug prescribed by a practitioner whose principal place of business is located in such other State. (f) Optional availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), may choose to comply with any of the following: (1) On request, the State may make available information on a specific individual from the database to any dispenser or practitioner who certifies that the requested information is for the purpose of providing pharmaceutical or medical treatment, or evaluating the need for such treatment, with respect to a bona fide patient. (2) On request, the State may make available information on a specific individual from the database to any local, State, or Federal law enforcement authority responsible for prescription drug diversion investigation that requests the information and certifies that— (A) the requested information relates to an active criminal investigation or proceeding involving the unlawful diversion or misuse of a prescription drug; and (B) the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. (3) On request, the State may make available information on a specific individual from the database to any health care professional licensing authority that requests the information and certifies that the requested information relates to an active investigation or proceeding involving the unlawful diversion or misuse of a prescription drug, and the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. Information made available to a health care professional licensing authority under this paragraph shall be limited to those individuals licensed, regulated, or disciplined by the authority. (4) The State may make available information on a specific individual from the database to dispensers, practitioners, law enforcement authorities responsible for prescription drug diversion investigation, and health care professional licensing authorities in accordance with paragraphs (1), (2), and (3), irrespective of whether such dispensers, practitioners, or authorities are from another State. (5) On request, the State may make available information on a specific individual from the database to that specific individual with appropriate identification and procedures. (g) Limitation \nWith respect to information in a database established under subsection (d), a funding agreement for a grant under this section is that— (1) the State involved shall limit the release of information pursuant to subsections (e) and (f) to the minimum necessary to accomplish the intended purpose of such release; (2) after the passage of 18 months from the date of the dispensing of a drug, the State involved will make information on such dispensing available only to the extent required by court order; and (3) except as inconsistent with the provisions of this section, the State involved will comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) (concerning the confidentiality of individually identifiable health information) and any regulation promulgated under such section. (h) Quality improvement program \nA funding agreement for a grant under this section is that the State involved shall operate a continuous quality improvement program to ensure the State’s compliance with this section and to improve the State’s prescription drug monitoring program. (i) Authority of secretary \n(1) National criteria \nThe Secretary shall establish criteria for determining whether information in a database established under subsection (d) indicates a potential unlawful diversion or misuse of a prescription drug. (2) Exclusions \nThe Secretary may identify instances (in addition to those described in subparagraphs (A) and (B) of subsection (c)(2)) in which a State may exclude from the reporting requirement of this section the application or dispensing of a prescription drug. (j) Advisory council \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish an advisory council to assist in the establishment and implementation of a prescription drug monitoring program under this section. (2) The State shall ensure that the membership of the advisory council includes the following: (A) A representative of the primary State agency responsible for law enforcement. (B) A representative of the primary State agency responsible for health care. (C) A health care practitioner with a specialty in pain medicine licensed in the State to prescribe drugs. (D) A pharmacist licensed in the State. (E) A prosecutor experienced in criminal prosecution of drug diversion cases. (F) A member representing the public at large. (k) Application \nFor purposes of subsection (b), an application is in accordance with this subsection if— (1) the application contains each funding agreement in this section; (2) with respect to such funding agreements, the application provides assurances of compliance satisfactory to the Secretary; and (3) the application is in such form, is made in such manner, and contains such information as the Secretary determines to be necessary to carry out this section. (l) Definitions \nFor purposes of this section: (1) The term bona fide patient means an individual who is a patient of the dispenser or practitioner involved. (2) The term dispense means to deliver a prescription drug to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery. (3) The term dispenser means a physician, pharmacist, or other individual who dispenses a prescription drug to an ultimate user or research subject. (4) The term ultimate user means a person who has lawfully obtained, and who possesses, a prescription drug for his or her own use, for the use of a member of his or her household, or for the use of an animal owned by him or her or by a member of his or her household. (m) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2005 and each subsequent fiscal year. (2) Startup grants \nFor the purpose of awarding grants under this section to assist with the initial costs of establishing a prescription drug monitoring program, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2005 through 2009. Such authorization of appropriations is in addition to the authorization of appropriations in paragraph (1)..", "id": "H8A1EAD66207F48F69281001F5199D6CB", "header": "Prescription drug monitoring program", "nested": [], "links": [ { "text": "42 U.S.C. 280g et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/280g" }, { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "399O. Prescription drug monitoring program \n(a) Prescription drug \nFor purposes of this section, the term prescription drug means— (1) a drug that is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ; or (2) a drug that is— (A) subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act ; and (B) identified for purposes of this section by the Secretary as potentially subject to abuse, diversion, and misuse. (b) Grants \nThe Secretary shall make a grant to each State that submits an application in accordance with subsection (k) for the purpose of establishing a prescription drug monitoring program described in this section. (c) Reporting requirements \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall require dispensers to report each dispensing in the State of a prescription drug to an ultimate user or research subject. (2) A State may exclude from the reporting requirement of this section— (A) the direct application of a prescription drug to the body of an ultimate user or research subject; (B) the dispensing of a prescription drug in a quantity limited to an amount adequate to treat the ultimate user or research subject involved for 48 hours or less; or (C) the application or dispensing of a prescription drug in accordance with an exclusion identified by the Secretary under subsection (i)(2). (3) Subject to paragraph (5), the information to be reported under this section with respect to the dispensing of a prescription drug shall include the following: (A) Drug Enforcement Administration Registration Number of the dispenser. (B) Drug Enforcement Administration Registration Number and name of the practitioner who prescribed the drug. (C) Name, address, and telephone number of the ultimate user or research subject. (D) Identification of the drug by a national drug code number. (E) Quantity dispensed. (F) Estimated number of days for which such quantity should last. (G) Number of refills ordered. (H) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (I) Date of the dispensing. (J) Date of origin of the prescription. (4) The State shall specify an electronic format for the reporting of information under this section and may waive the requirement of such format with respect to an individual dispenser. (5) The State may meet the requirements of paragraphs (3) and (4) by requiring that information be reported under this section in accordance with the current version of the telecommunications format for controlled substances of the American Society for Automation in Pharmacy. (d) Database \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish and maintain an electronic database containing the information reported to the State under this section. (2) The database must be searchable by any field or combination of fields. (3) The State shall include reported information in the database in a timely and efficient manner, with appropriate safeguards for ensuring the accuracy and completeness of the database. (4) The State shall take appropriate security measures to protect the integrity of, and access to, the database. (e) Required availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), shall comply with the following: (1) The State, taking into consideration the criteria established by the Secretary under subsection (i)(1), shall notify appropriate authorities responsible for drug diversion investigation if information in the database indicates a potential unlawful diversion or misuse of a prescription drug. (2) The State shall provide for sharing of information on a specific individual in the database with each State that— (A) maintains a database established under subsection (d); and (B) agrees to use the information in accordance with the requirements of this section. (3) The State shall automatically share information reported to the State under this section with another State if— (A) such other State maintains a database under subsection (d); and (B) the information concerns— (i) the dispensing of a prescription drug to an ultimate consumer or research subject who resides in such other State; or (ii) the dispensing of a prescription drug prescribed by a practitioner whose principal place of business is located in such other State. (f) Optional availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), may choose to comply with any of the following: (1) On request, the State may make available information on a specific individual from the database to any dispenser or practitioner who certifies that the requested information is for the purpose of providing pharmaceutical or medical treatment, or evaluating the need for such treatment, with respect to a bona fide patient. (2) On request, the State may make available information on a specific individual from the database to any local, State, or Federal law enforcement authority responsible for prescription drug diversion investigation that requests the information and certifies that— (A) the requested information relates to an active criminal investigation or proceeding involving the unlawful diversion or misuse of a prescription drug; and (B) the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. (3) On request, the State may make available information on a specific individual from the database to any health care professional licensing authority that requests the information and certifies that the requested information relates to an active investigation or proceeding involving the unlawful diversion or misuse of a prescription drug, and the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. Information made available to a health care professional licensing authority under this paragraph shall be limited to those individuals licensed, regulated, or disciplined by the authority. (4) The State may make available information on a specific individual from the database to dispensers, practitioners, law enforcement authorities responsible for prescription drug diversion investigation, and health care professional licensing authorities in accordance with paragraphs (1), (2), and (3), irrespective of whether such dispensers, practitioners, or authorities are from another State. (5) On request, the State may make available information on a specific individual from the database to that specific individual with appropriate identification and procedures. (g) Limitation \nWith respect to information in a database established under subsection (d), a funding agreement for a grant under this section is that— (1) the State involved shall limit the release of information pursuant to subsections (e) and (f) to the minimum necessary to accomplish the intended purpose of such release; (2) after the passage of 18 months from the date of the dispensing of a drug, the State involved will make information on such dispensing available only to the extent required by court order; and (3) except as inconsistent with the provisions of this section, the State involved will comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) (concerning the confidentiality of individually identifiable health information) and any regulation promulgated under such section. (h) Quality improvement program \nA funding agreement for a grant under this section is that the State involved shall operate a continuous quality improvement program to ensure the State’s compliance with this section and to improve the State’s prescription drug monitoring program. (i) Authority of secretary \n(1) National criteria \nThe Secretary shall establish criteria for determining whether information in a database established under subsection (d) indicates a potential unlawful diversion or misuse of a prescription drug. (2) Exclusions \nThe Secretary may identify instances (in addition to those described in subparagraphs (A) and (B) of subsection (c)(2)) in which a State may exclude from the reporting requirement of this section the application or dispensing of a prescription drug. (j) Advisory council \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish an advisory council to assist in the establishment and implementation of a prescription drug monitoring program under this section. (2) The State shall ensure that the membership of the advisory council includes the following: (A) A representative of the primary State agency responsible for law enforcement. (B) A representative of the primary State agency responsible for health care. (C) A health care practitioner with a specialty in pain medicine licensed in the State to prescribe drugs. (D) A pharmacist licensed in the State. (E) A prosecutor experienced in criminal prosecution of drug diversion cases. (F) A member representing the public at large. (k) Application \nFor purposes of subsection (b), an application is in accordance with this subsection if— (1) the application contains each funding agreement in this section; (2) with respect to such funding agreements, the application provides assurances of compliance satisfactory to the Secretary; and (3) the application is in such form, is made in such manner, and contains such information as the Secretary determines to be necessary to carry out this section. (l) Definitions \nFor purposes of this section: (1) The term bona fide patient means an individual who is a patient of the dispenser or practitioner involved. (2) The term dispense means to deliver a prescription drug to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery. (3) The term dispenser means a physician, pharmacist, or other individual who dispenses a prescription drug to an ultimate user or research subject. (4) The term ultimate user means a person who has lawfully obtained, and who possesses, a prescription drug for his or her own use, for the use of a member of his or her household, or for the use of an animal owned by him or her or by a member of his or her household. (m) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2005 and each subsequent fiscal year. (2) Startup grants \nFor the purpose of awarding grants under this section to assist with the initial costs of establishing a prescription drug monitoring program, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2005 through 2009. Such authorization of appropriations is in addition to the authorization of appropriations in paragraph (1).", "id": "H0262326F074A4EF38E95053F924300AD", "header": "Prescription drug monitoring program", "nested": [ { "text": "(a) Prescription drug \nFor purposes of this section, the term prescription drug means— (1) a drug that is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ; or (2) a drug that is— (A) subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act ; and (B) identified for purposes of this section by the Secretary as potentially subject to abuse, diversion, and misuse.", "id": "H9AB93177D9A0469B82BCB03C46BF35B5", "header": "Prescription drug", "nested": [], "links": [] }, { "text": "(b) Grants \nThe Secretary shall make a grant to each State that submits an application in accordance with subsection (k) for the purpose of establishing a prescription drug monitoring program described in this section.", "id": "HB9F32A8A8C1E43C08C3E00E57D679FB2", "header": "Grants", "nested": [], "links": [] }, { "text": "(c) Reporting requirements \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall require dispensers to report each dispensing in the State of a prescription drug to an ultimate user or research subject. (2) A State may exclude from the reporting requirement of this section— (A) the direct application of a prescription drug to the body of an ultimate user or research subject; (B) the dispensing of a prescription drug in a quantity limited to an amount adequate to treat the ultimate user or research subject involved for 48 hours or less; or (C) the application or dispensing of a prescription drug in accordance with an exclusion identified by the Secretary under subsection (i)(2). (3) Subject to paragraph (5), the information to be reported under this section with respect to the dispensing of a prescription drug shall include the following: (A) Drug Enforcement Administration Registration Number of the dispenser. (B) Drug Enforcement Administration Registration Number and name of the practitioner who prescribed the drug. (C) Name, address, and telephone number of the ultimate user or research subject. (D) Identification of the drug by a national drug code number. (E) Quantity dispensed. (F) Estimated number of days for which such quantity should last. (G) Number of refills ordered. (H) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (I) Date of the dispensing. (J) Date of origin of the prescription. (4) The State shall specify an electronic format for the reporting of information under this section and may waive the requirement of such format with respect to an individual dispenser. (5) The State may meet the requirements of paragraphs (3) and (4) by requiring that information be reported under this section in accordance with the current version of the telecommunications format for controlled substances of the American Society for Automation in Pharmacy.", "id": "H0316C0390AFD4AA383942D64ADBE35F2", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(d) Database \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish and maintain an electronic database containing the information reported to the State under this section. (2) The database must be searchable by any field or combination of fields. (3) The State shall include reported information in the database in a timely and efficient manner, with appropriate safeguards for ensuring the accuracy and completeness of the database. (4) The State shall take appropriate security measures to protect the integrity of, and access to, the database.", "id": "HA6B2A2DA7C764C5ABBF7FBF88255ECCB", "header": "Database", "nested": [], "links": [] }, { "text": "(e) Required availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), shall comply with the following: (1) The State, taking into consideration the criteria established by the Secretary under subsection (i)(1), shall notify appropriate authorities responsible for drug diversion investigation if information in the database indicates a potential unlawful diversion or misuse of a prescription drug. (2) The State shall provide for sharing of information on a specific individual in the database with each State that— (A) maintains a database established under subsection (d); and (B) agrees to use the information in accordance with the requirements of this section. (3) The State shall automatically share information reported to the State under this section with another State if— (A) such other State maintains a database under subsection (d); and (B) the information concerns— (i) the dispensing of a prescription drug to an ultimate consumer or research subject who resides in such other State; or (ii) the dispensing of a prescription drug prescribed by a practitioner whose principal place of business is located in such other State.", "id": "HB861B2B7F6254EFEA3CC0761B2AD214", "header": "Required availability of information", "nested": [], "links": [] }, { "text": "(f) Optional availability of information \nSubject to subsection (g), a funding agreement for a grant under this section is that the State involved, with respect to the database established by the State under subsection (d), may choose to comply with any of the following: (1) On request, the State may make available information on a specific individual from the database to any dispenser or practitioner who certifies that the requested information is for the purpose of providing pharmaceutical or medical treatment, or evaluating the need for such treatment, with respect to a bona fide patient. (2) On request, the State may make available information on a specific individual from the database to any local, State, or Federal law enforcement authority responsible for prescription drug diversion investigation that requests the information and certifies that— (A) the requested information relates to an active criminal investigation or proceeding involving the unlawful diversion or misuse of a prescription drug; and (B) the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. (3) On request, the State may make available information on a specific individual from the database to any health care professional licensing authority that requests the information and certifies that the requested information relates to an active investigation or proceeding involving the unlawful diversion or misuse of a prescription drug, and the authority has reasonable cause to conclude that such information will further the purpose of the investigation or assist in the proceeding. Information made available to a health care professional licensing authority under this paragraph shall be limited to those individuals licensed, regulated, or disciplined by the authority. (4) The State may make available information on a specific individual from the database to dispensers, practitioners, law enforcement authorities responsible for prescription drug diversion investigation, and health care professional licensing authorities in accordance with paragraphs (1), (2), and (3), irrespective of whether such dispensers, practitioners, or authorities are from another State. (5) On request, the State may make available information on a specific individual from the database to that specific individual with appropriate identification and procedures.", "id": "H9881F6099C0F440687CB8D9400E6987E", "header": "Optional availability of information", "nested": [], "links": [] }, { "text": "(g) Limitation \nWith respect to information in a database established under subsection (d), a funding agreement for a grant under this section is that— (1) the State involved shall limit the release of information pursuant to subsections (e) and (f) to the minimum necessary to accomplish the intended purpose of such release; (2) after the passage of 18 months from the date of the dispensing of a drug, the State involved will make information on such dispensing available only to the extent required by court order; and (3) except as inconsistent with the provisions of this section, the State involved will comply with section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) (concerning the confidentiality of individually identifiable health information) and any regulation promulgated under such section.", "id": "HEDAA40D1E4AC4E24B41E4C4F3E1EA968", "header": "Limitation", "nested": [], "links": [ { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "(h) Quality improvement program \nA funding agreement for a grant under this section is that the State involved shall operate a continuous quality improvement program to ensure the State’s compliance with this section and to improve the State’s prescription drug monitoring program.", "id": "H678138BA0EB04721B328DD19A7D61246", "header": "Quality improvement program", "nested": [], "links": [] }, { "text": "(i) Authority of secretary \n(1) National criteria \nThe Secretary shall establish criteria for determining whether information in a database established under subsection (d) indicates a potential unlawful diversion or misuse of a prescription drug. (2) Exclusions \nThe Secretary may identify instances (in addition to those described in subparagraphs (A) and (B) of subsection (c)(2)) in which a State may exclude from the reporting requirement of this section the application or dispensing of a prescription drug.", "id": "H2E29C9D75BFC44CA8382A606E7B5002D", "header": "Authority of secretary", "nested": [], "links": [] }, { "text": "(j) Advisory council \nA funding agreement for a grant under this section is that the State involved shall comply with the following: (1) The State shall establish an advisory council to assist in the establishment and implementation of a prescription drug monitoring program under this section. (2) The State shall ensure that the membership of the advisory council includes the following: (A) A representative of the primary State agency responsible for law enforcement. (B) A representative of the primary State agency responsible for health care. (C) A health care practitioner with a specialty in pain medicine licensed in the State to prescribe drugs. (D) A pharmacist licensed in the State. (E) A prosecutor experienced in criminal prosecution of drug diversion cases. (F) A member representing the public at large.", "id": "H65CA30AEDF7D4718BC8F912E725FDD21", "header": "Advisory council", "nested": [], "links": [] }, { "text": "(k) Application \nFor purposes of subsection (b), an application is in accordance with this subsection if— (1) the application contains each funding agreement in this section; (2) with respect to such funding agreements, the application provides assurances of compliance satisfactory to the Secretary; and (3) the application is in such form, is made in such manner, and contains such information as the Secretary determines to be necessary to carry out this section.", "id": "HC3DBBAE704184E9DAC5287CA4EFE766B", "header": "Application", "nested": [], "links": [] }, { "text": "(l) Definitions \nFor purposes of this section: (1) The term bona fide patient means an individual who is a patient of the dispenser or practitioner involved. (2) The term dispense means to deliver a prescription drug to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery. (3) The term dispenser means a physician, pharmacist, or other individual who dispenses a prescription drug to an ultimate user or research subject. (4) The term ultimate user means a person who has lawfully obtained, and who possesses, a prescription drug for his or her own use, for the use of a member of his or her household, or for the use of an animal owned by him or her or by a member of his or her household.", "id": "HB52D239779E94468AB3FF49D20927E6C", "header": "Definitions", "nested": [], "links": [] }, { "text": "(m) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2005 and each subsequent fiscal year. (2) Startup grants \nFor the purpose of awarding grants under this section to assist with the initial costs of establishing a prescription drug monitoring program, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2005 through 2009. Such authorization of appropriations is in addition to the authorization of appropriations in paragraph (1).", "id": "H9639CECDB4794F2D00258F31AAA05FB8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 104–191", "legal-doc": "public-law", "parsable-cite": "pl/104/191" } ] }, { "text": "3. Internet pharmacies \n(a) In general \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 503A the following: 503B. Internet sale of prescription drugs \n(a) In general \n(1) Prohibitions \nSubject to paragraph (2), it is a violation of this section— (A) for any person to sell a prescription drug in interstate commerce through an Internet site— (i) if the Internet site is an illegal Internet pharmacy under subsection (b); (ii) if the person fails to comply with the treating provider verification requirements of subsection (c); (iii) if the person fails to submit the notices required by subsection (d); or (iv) if the person fails to comply with the reporting requirements applicable to the person under a State prescription drug monitoring program established with a grant under section 399O of the Public Health Service Act ; or (B) for any person to own or operate an illegal Internet pharmacy in interstate commerce. (2) Exception \nAny person who sells a prescription drug through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy is certified by the National Association of Boards of Pharmacy’s Verified Internet Pharmacy Practice Sites program. (b) Internet pharmacy requirements \n(1) In general \nFor purposes of this section: (A) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce. (B) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with this subsection. (2) Requirements \nAn Internet pharmacy shall provide to any individual who accesses the pharmacy the following information: (A) The street address and telephone number of— (i) the Internet pharmacy’s place of business; and (ii) the Internet pharmacy’s supervising pharmacist. (B) All States in which the Internet pharmacy is licensed or otherwise authorized to dispense prescription drugs. (C) If the Internet pharmacy makes referrals to, or solicits on behalf of, a practitioner or a group of practitioners for prescription services— (i) the name, street address, and telephone number of such practitioner or group; and (ii) each State in which each practitioner involved is licensed or otherwise authorized to prescribe drugs. (D) A statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. (c) Treating provider verification requirements \nThe treating provider verification requirements of this subsection are as follows: (1) In general \nSubject to paragraph (2), a person may sell a prescription drug in interstate commerce through an Internet site only if— (A) the sale is in accordance with a prescription of the treating provider of the patient involved; (B) the seller verifies the prescription in accordance with paragraph (3); (C) the seller maintains a record of direct communications in accordance with paragraph (4); and (D) the seller complies with the prohibition of paragraph (5) against alteration of the prescription. (2) Limitation \nThe treating provider verification requirements of this subsection apply with respect to a prescription drug only if— (A) the prescription drug is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act; or (B) the Secretary for purposes of this section identifies the prescription drug as potentially subject to abuse, diversion, and misuse. (3) Verification requirement \n(A) Requirement \nA seller verifies a prescription in accordance with this paragraph if— (i) the patient involved or the patient’s treating provider presents the prescription, directly or by facsimile or electronic mail, to the seller; or (ii) the seller verifies the prescription by direct communication with the treating provider involved. (B) Information \nWhen seeking verification of a prescription under subparagraph (A)(ii), a seller shall provide to the treating provider the following information: (i) Patient’s full name and address. (ii) Identification of the drug by a national drug code number. (iii) Quantity to be dispensed. (iv) Date of patient request. (v) Date and time of verification request. (vi) Name of contact person at seller’s company, including facsimile and telephone number. (C) Verification events \nA prescription is verified under subparagraph (A)(ii) only if one of the following occurs: (i) The treating provider confirms the prescription is accurate by direct communication with the seller. (ii) The treating provider informs the seller that the prescription is inaccurate and provides the accurate prescription. (iii) The treating provider fails to communicate with the seller within 48 hours, or a similar time as defined by the Commissioner of Food and Drugs, after receiving from the seller the information described in subparagraph (B). (D) Invalid prescription \nIf a treating provider informs a seller before the deadline under subparagraph (C)(iii) that the prescription is inaccurate or expired, the seller shall not fill the prescription. The treating provider shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the treating provider is inaccurate, the treating provider shall correct it. (4) Record requirement \nA seller shall maintain a record of all direct communications with a treating provider regarding the sale of a prescription drug, including verification of the prescription involved. (5) No alteration \nA seller may not alter a prescription for a prescription drug. Notwithstanding the preceding sentence, if the same prescription drug is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a prescription drug manufactured by that company under another label. (6) Definitions \nIn this subsection: (A) The term direct communication includes communication by telephone, facsimile, or electronic mail. (B) The term seller means a person that sells a prescription drug in interstate commerce through an Internet site. (C) The term treating provider means— (i) a health care provider who has performed a documented patient evaluation of the individual involved (including a patient history and physical examination) to establish the diagnosis for which the prescription drug involved is prescribed, has discussed with the individual his or her treatment options and the risks and benefits of treatment, and maintains contemporaneous medical records on the individual; (ii) a health care provider who is providing care in consultation with a health care provider described in clause (i) and who has access to the medical records of the patient involved; or (iii) a health care provider who is providing care as part of an on-call or cross-coverage arrangement with a health care provider described in clause (i). (d) State notice requirements \nA person that sells a prescription drug in interstate commerce through an Internet site shall provide to each State authority that licenses or otherwise authorizes the person to dispense the prescription drug the following information: (1) A statement that the person is selling prescription drugs through an Internet site. (2) The name, Internet address, street address, and telephone number of the person’s business for selling such drugs. (e) Definition \nIn this section, the term prescription drug means a drug subject to section 503(b).. (b) Inclusion as prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by inserting after paragraph (k) the following: (l) The sale of a prescription drug, or the ownership or operation of an illegal Internet pharmacy, in violation of section 503B.. (c) Links to illegal internet pharmacy \nSection 302 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 332 ) is amended by adding at the end the following: (c) In the case of a violation of section 503B relating to an illegal Internet pharmacy, the district courts of the United States and the United States courts of the Territories shall have jurisdiction to order a provider of an interactive computer service to remove, or disable access to, a site violating such section, or a link to a site violating such section, that resides on a computer server that such provider controls or operates. Such relief shall— (1) be available only after provision to the provider of notice and an opportunity to appear; (2) not impose any obligation on the provider to monitor its service or to affirmatively seek facts indicating activity violating section 503B; (3) specify the provider to which the relief applies; and (4) specifically identify the location of the site or link to be removed, or to which access is to be disabled..", "id": "H0A0422F691BB4DF69C0741207EEA1DB7", "header": "Internet pharmacies", "nested": [ { "text": "(a) In general \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 503A the following: 503B. Internet sale of prescription drugs \n(a) In general \n(1) Prohibitions \nSubject to paragraph (2), it is a violation of this section— (A) for any person to sell a prescription drug in interstate commerce through an Internet site— (i) if the Internet site is an illegal Internet pharmacy under subsection (b); (ii) if the person fails to comply with the treating provider verification requirements of subsection (c); (iii) if the person fails to submit the notices required by subsection (d); or (iv) if the person fails to comply with the reporting requirements applicable to the person under a State prescription drug monitoring program established with a grant under section 399O of the Public Health Service Act ; or (B) for any person to own or operate an illegal Internet pharmacy in interstate commerce. (2) Exception \nAny person who sells a prescription drug through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy is certified by the National Association of Boards of Pharmacy’s Verified Internet Pharmacy Practice Sites program. (b) Internet pharmacy requirements \n(1) In general \nFor purposes of this section: (A) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce. (B) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with this subsection. (2) Requirements \nAn Internet pharmacy shall provide to any individual who accesses the pharmacy the following information: (A) The street address and telephone number of— (i) the Internet pharmacy’s place of business; and (ii) the Internet pharmacy’s supervising pharmacist. (B) All States in which the Internet pharmacy is licensed or otherwise authorized to dispense prescription drugs. (C) If the Internet pharmacy makes referrals to, or solicits on behalf of, a practitioner or a group of practitioners for prescription services— (i) the name, street address, and telephone number of such practitioner or group; and (ii) each State in which each practitioner involved is licensed or otherwise authorized to prescribe drugs. (D) A statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. (c) Treating provider verification requirements \nThe treating provider verification requirements of this subsection are as follows: (1) In general \nSubject to paragraph (2), a person may sell a prescription drug in interstate commerce through an Internet site only if— (A) the sale is in accordance with a prescription of the treating provider of the patient involved; (B) the seller verifies the prescription in accordance with paragraph (3); (C) the seller maintains a record of direct communications in accordance with paragraph (4); and (D) the seller complies with the prohibition of paragraph (5) against alteration of the prescription. (2) Limitation \nThe treating provider verification requirements of this subsection apply with respect to a prescription drug only if— (A) the prescription drug is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act; or (B) the Secretary for purposes of this section identifies the prescription drug as potentially subject to abuse, diversion, and misuse. (3) Verification requirement \n(A) Requirement \nA seller verifies a prescription in accordance with this paragraph if— (i) the patient involved or the patient’s treating provider presents the prescription, directly or by facsimile or electronic mail, to the seller; or (ii) the seller verifies the prescription by direct communication with the treating provider involved. (B) Information \nWhen seeking verification of a prescription under subparagraph (A)(ii), a seller shall provide to the treating provider the following information: (i) Patient’s full name and address. (ii) Identification of the drug by a national drug code number. (iii) Quantity to be dispensed. (iv) Date of patient request. (v) Date and time of verification request. (vi) Name of contact person at seller’s company, including facsimile and telephone number. (C) Verification events \nA prescription is verified under subparagraph (A)(ii) only if one of the following occurs: (i) The treating provider confirms the prescription is accurate by direct communication with the seller. (ii) The treating provider informs the seller that the prescription is inaccurate and provides the accurate prescription. (iii) The treating provider fails to communicate with the seller within 48 hours, or a similar time as defined by the Commissioner of Food and Drugs, after receiving from the seller the information described in subparagraph (B). (D) Invalid prescription \nIf a treating provider informs a seller before the deadline under subparagraph (C)(iii) that the prescription is inaccurate or expired, the seller shall not fill the prescription. The treating provider shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the treating provider is inaccurate, the treating provider shall correct it. (4) Record requirement \nA seller shall maintain a record of all direct communications with a treating provider regarding the sale of a prescription drug, including verification of the prescription involved. (5) No alteration \nA seller may not alter a prescription for a prescription drug. Notwithstanding the preceding sentence, if the same prescription drug is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a prescription drug manufactured by that company under another label. (6) Definitions \nIn this subsection: (A) The term direct communication includes communication by telephone, facsimile, or electronic mail. (B) The term seller means a person that sells a prescription drug in interstate commerce through an Internet site. (C) The term treating provider means— (i) a health care provider who has performed a documented patient evaluation of the individual involved (including a patient history and physical examination) to establish the diagnosis for which the prescription drug involved is prescribed, has discussed with the individual his or her treatment options and the risks and benefits of treatment, and maintains contemporaneous medical records on the individual; (ii) a health care provider who is providing care in consultation with a health care provider described in clause (i) and who has access to the medical records of the patient involved; or (iii) a health care provider who is providing care as part of an on-call or cross-coverage arrangement with a health care provider described in clause (i). (d) State notice requirements \nA person that sells a prescription drug in interstate commerce through an Internet site shall provide to each State authority that licenses or otherwise authorizes the person to dispense the prescription drug the following information: (1) A statement that the person is selling prescription drugs through an Internet site. (2) The name, Internet address, street address, and telephone number of the person’s business for selling such drugs. (e) Definition \nIn this section, the term prescription drug means a drug subject to section 503(b)..", "id": "HA1E6E7E89E204E7BA17C47FBB673D7BC", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "(b) Inclusion as prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by inserting after paragraph (k) the following: (l) The sale of a prescription drug, or the ownership or operation of an illegal Internet pharmacy, in violation of section 503B..", "id": "HE5A7858ED91844BC844C1FF38FA00C3", "header": "Inclusion as prohibited Act", "nested": [], "links": [ { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" } ] }, { "text": "(c) Links to illegal internet pharmacy \nSection 302 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 332 ) is amended by adding at the end the following: (c) In the case of a violation of section 503B relating to an illegal Internet pharmacy, the district courts of the United States and the United States courts of the Territories shall have jurisdiction to order a provider of an interactive computer service to remove, or disable access to, a site violating such section, or a link to a site violating such section, that resides on a computer server that such provider controls or operates. Such relief shall— (1) be available only after provision to the provider of notice and an opportunity to appear; (2) not impose any obligation on the provider to monitor its service or to affirmatively seek facts indicating activity violating section 503B; (3) specify the provider to which the relief applies; and (4) specifically identify the location of the site or link to be removed, or to which access is to be disabled..", "id": "HF8436649E611486D88FC447D44DFC1E6", "header": "Links to illegal internet pharmacy", "nested": [], "links": [ { "text": "21 U.S.C. 332", "legal-doc": "usc", "parsable-cite": "usc/21/332" } ] } ], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" }, { "text": "21 U.S.C. 332", "legal-doc": "usc", "parsable-cite": "usc/21/332" } ] }, { "text": "503B. Internet sale of prescription drugs \n(a) In general \n(1) Prohibitions \nSubject to paragraph (2), it is a violation of this section— (A) for any person to sell a prescription drug in interstate commerce through an Internet site— (i) if the Internet site is an illegal Internet pharmacy under subsection (b); (ii) if the person fails to comply with the treating provider verification requirements of subsection (c); (iii) if the person fails to submit the notices required by subsection (d); or (iv) if the person fails to comply with the reporting requirements applicable to the person under a State prescription drug monitoring program established with a grant under section 399O of the Public Health Service Act ; or (B) for any person to own or operate an illegal Internet pharmacy in interstate commerce. (2) Exception \nAny person who sells a prescription drug through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy is certified by the National Association of Boards of Pharmacy’s Verified Internet Pharmacy Practice Sites program. (b) Internet pharmacy requirements \n(1) In general \nFor purposes of this section: (A) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce. (B) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with this subsection. (2) Requirements \nAn Internet pharmacy shall provide to any individual who accesses the pharmacy the following information: (A) The street address and telephone number of— (i) the Internet pharmacy’s place of business; and (ii) the Internet pharmacy’s supervising pharmacist. (B) All States in which the Internet pharmacy is licensed or otherwise authorized to dispense prescription drugs. (C) If the Internet pharmacy makes referrals to, or solicits on behalf of, a practitioner or a group of practitioners for prescription services— (i) the name, street address, and telephone number of such practitioner or group; and (ii) each State in which each practitioner involved is licensed or otherwise authorized to prescribe drugs. (D) A statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. (c) Treating provider verification requirements \nThe treating provider verification requirements of this subsection are as follows: (1) In general \nSubject to paragraph (2), a person may sell a prescription drug in interstate commerce through an Internet site only if— (A) the sale is in accordance with a prescription of the treating provider of the patient involved; (B) the seller verifies the prescription in accordance with paragraph (3); (C) the seller maintains a record of direct communications in accordance with paragraph (4); and (D) the seller complies with the prohibition of paragraph (5) against alteration of the prescription. (2) Limitation \nThe treating provider verification requirements of this subsection apply with respect to a prescription drug only if— (A) the prescription drug is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act; or (B) the Secretary for purposes of this section identifies the prescription drug as potentially subject to abuse, diversion, and misuse. (3) Verification requirement \n(A) Requirement \nA seller verifies a prescription in accordance with this paragraph if— (i) the patient involved or the patient’s treating provider presents the prescription, directly or by facsimile or electronic mail, to the seller; or (ii) the seller verifies the prescription by direct communication with the treating provider involved. (B) Information \nWhen seeking verification of a prescription under subparagraph (A)(ii), a seller shall provide to the treating provider the following information: (i) Patient’s full name and address. (ii) Identification of the drug by a national drug code number. (iii) Quantity to be dispensed. (iv) Date of patient request. (v) Date and time of verification request. (vi) Name of contact person at seller’s company, including facsimile and telephone number. (C) Verification events \nA prescription is verified under subparagraph (A)(ii) only if one of the following occurs: (i) The treating provider confirms the prescription is accurate by direct communication with the seller. (ii) The treating provider informs the seller that the prescription is inaccurate and provides the accurate prescription. (iii) The treating provider fails to communicate with the seller within 48 hours, or a similar time as defined by the Commissioner of Food and Drugs, after receiving from the seller the information described in subparagraph (B). (D) Invalid prescription \nIf a treating provider informs a seller before the deadline under subparagraph (C)(iii) that the prescription is inaccurate or expired, the seller shall not fill the prescription. The treating provider shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the treating provider is inaccurate, the treating provider shall correct it. (4) Record requirement \nA seller shall maintain a record of all direct communications with a treating provider regarding the sale of a prescription drug, including verification of the prescription involved. (5) No alteration \nA seller may not alter a prescription for a prescription drug. Notwithstanding the preceding sentence, if the same prescription drug is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a prescription drug manufactured by that company under another label. (6) Definitions \nIn this subsection: (A) The term direct communication includes communication by telephone, facsimile, or electronic mail. (B) The term seller means a person that sells a prescription drug in interstate commerce through an Internet site. (C) The term treating provider means— (i) a health care provider who has performed a documented patient evaluation of the individual involved (including a patient history and physical examination) to establish the diagnosis for which the prescription drug involved is prescribed, has discussed with the individual his or her treatment options and the risks and benefits of treatment, and maintains contemporaneous medical records on the individual; (ii) a health care provider who is providing care in consultation with a health care provider described in clause (i) and who has access to the medical records of the patient involved; or (iii) a health care provider who is providing care as part of an on-call or cross-coverage arrangement with a health care provider described in clause (i). (d) State notice requirements \nA person that sells a prescription drug in interstate commerce through an Internet site shall provide to each State authority that licenses or otherwise authorizes the person to dispense the prescription drug the following information: (1) A statement that the person is selling prescription drugs through an Internet site. (2) The name, Internet address, street address, and telephone number of the person’s business for selling such drugs. (e) Definition \nIn this section, the term prescription drug means a drug subject to section 503(b).", "id": "HA4EDE63AD6564B6981907904A900099", "header": "Internet sale of prescription drugs", "nested": [ { "text": "(a) In general \n(1) Prohibitions \nSubject to paragraph (2), it is a violation of this section— (A) for any person to sell a prescription drug in interstate commerce through an Internet site— (i) if the Internet site is an illegal Internet pharmacy under subsection (b); (ii) if the person fails to comply with the treating provider verification requirements of subsection (c); (iii) if the person fails to submit the notices required by subsection (d); or (iv) if the person fails to comply with the reporting requirements applicable to the person under a State prescription drug monitoring program established with a grant under section 399O of the Public Health Service Act ; or (B) for any person to own or operate an illegal Internet pharmacy in interstate commerce. (2) Exception \nAny person who sells a prescription drug through an Internet site, or who owns or operates an Internet pharmacy, is deemed to meet the requirements of this section for purposes of such sale, ownership, or operation if the Internet site or Internet pharmacy is certified by the National Association of Boards of Pharmacy’s Verified Internet Pharmacy Practice Sites program.", "id": "H0E1030AEE0DF46C49025934348277ED4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Internet pharmacy requirements \n(1) In general \nFor purposes of this section: (A) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce. (B) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with this subsection. (2) Requirements \nAn Internet pharmacy shall provide to any individual who accesses the pharmacy the following information: (A) The street address and telephone number of— (i) the Internet pharmacy’s place of business; and (ii) the Internet pharmacy’s supervising pharmacist. (B) All States in which the Internet pharmacy is licensed or otherwise authorized to dispense prescription drugs. (C) If the Internet pharmacy makes referrals to, or solicits on behalf of, a practitioner or a group of practitioners for prescription services— (i) the name, street address, and telephone number of such practitioner or group; and (ii) each State in which each practitioner involved is licensed or otherwise authorized to prescribe drugs. (D) A statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription.", "id": "H41B060603BF44237B89D52F5AF6494C2", "header": "Internet pharmacy requirements", "nested": [], "links": [] }, { "text": "(c) Treating provider verification requirements \nThe treating provider verification requirements of this subsection are as follows: (1) In general \nSubject to paragraph (2), a person may sell a prescription drug in interstate commerce through an Internet site only if— (A) the sale is in accordance with a prescription of the treating provider of the patient involved; (B) the seller verifies the prescription in accordance with paragraph (3); (C) the seller maintains a record of direct communications in accordance with paragraph (4); and (D) the seller complies with the prohibition of paragraph (5) against alteration of the prescription. (2) Limitation \nThe treating provider verification requirements of this subsection apply with respect to a prescription drug only if— (A) the prescription drug is included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act; or (B) the Secretary for purposes of this section identifies the prescription drug as potentially subject to abuse, diversion, and misuse. (3) Verification requirement \n(A) Requirement \nA seller verifies a prescription in accordance with this paragraph if— (i) the patient involved or the patient’s treating provider presents the prescription, directly or by facsimile or electronic mail, to the seller; or (ii) the seller verifies the prescription by direct communication with the treating provider involved. (B) Information \nWhen seeking verification of a prescription under subparagraph (A)(ii), a seller shall provide to the treating provider the following information: (i) Patient’s full name and address. (ii) Identification of the drug by a national drug code number. (iii) Quantity to be dispensed. (iv) Date of patient request. (v) Date and time of verification request. (vi) Name of contact person at seller’s company, including facsimile and telephone number. (C) Verification events \nA prescription is verified under subparagraph (A)(ii) only if one of the following occurs: (i) The treating provider confirms the prescription is accurate by direct communication with the seller. (ii) The treating provider informs the seller that the prescription is inaccurate and provides the accurate prescription. (iii) The treating provider fails to communicate with the seller within 48 hours, or a similar time as defined by the Commissioner of Food and Drugs, after receiving from the seller the information described in subparagraph (B). (D) Invalid prescription \nIf a treating provider informs a seller before the deadline under subparagraph (C)(iii) that the prescription is inaccurate or expired, the seller shall not fill the prescription. The treating provider shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the treating provider is inaccurate, the treating provider shall correct it. (4) Record requirement \nA seller shall maintain a record of all direct communications with a treating provider regarding the sale of a prescription drug, including verification of the prescription involved. (5) No alteration \nA seller may not alter a prescription for a prescription drug. Notwithstanding the preceding sentence, if the same prescription drug is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a prescription drug manufactured by that company under another label. (6) Definitions \nIn this subsection: (A) The term direct communication includes communication by telephone, facsimile, or electronic mail. (B) The term seller means a person that sells a prescription drug in interstate commerce through an Internet site. (C) The term treating provider means— (i) a health care provider who has performed a documented patient evaluation of the individual involved (including a patient history and physical examination) to establish the diagnosis for which the prescription drug involved is prescribed, has discussed with the individual his or her treatment options and the risks and benefits of treatment, and maintains contemporaneous medical records on the individual; (ii) a health care provider who is providing care in consultation with a health care provider described in clause (i) and who has access to the medical records of the patient involved; or (iii) a health care provider who is providing care as part of an on-call or cross-coverage arrangement with a health care provider described in clause (i).", "id": "HD2D1E0C095E24293A96826D101A2D5BA", "header": "Treating provider verification requirements", "nested": [], "links": [] }, { "text": "(d) State notice requirements \nA person that sells a prescription drug in interstate commerce through an Internet site shall provide to each State authority that licenses or otherwise authorizes the person to dispense the prescription drug the following information: (1) A statement that the person is selling prescription drugs through an Internet site. (2) The name, Internet address, street address, and telephone number of the person’s business for selling such drugs.", "id": "H028F1D9A4F324008AC3B6FC5489000C7", "header": "State notice requirements", "nested": [], "links": [] }, { "text": "(e) Definition \nIn this section, the term prescription drug means a drug subject to section 503(b).", "id": "H69739F4D695740DEBAC662009C937478", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Distribution and labeling of drugs \n(a) Drug pedigree amendments \nParagraph (1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended— (1) in subparagraph (A), by striking Each person who is engaged in the wholesale distribution of a drug subject to subsection (b) and who is not the manufacturer or an authorized distributor of record of such drug shall and inserting Subject to subparagraph (C), each person who is engaged in the wholesale distribution of a drug subject to subsection (b) shall ; and (2) by adding after subparagraph (B) the following: (C) Subparagraph (A) applies to the manufacturer of a drug or the authorized distributor of record of a drug only if— (i) the drug is included in schedule II of section 202(c) of the Controlled Substances Act; or (ii) the Secretary designates the drug for purposes of this subparagraph, taking into consideration the impact to public health that would result from counterfeiting or diversion of the drug, the price of the drug, the volume of the drug, the dosage form of the drug, the clinical uses of the drug, the history of counterfeiting or diversion of the drug, and whether products similar to the drug have a history of counterfeiting or diversion.. (b) Chain-of-custody requirements \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) (as amended by section 3) is amended— (1) in section 502, by adding at the end the following: (w) If it is a drug with respect to which the manufacturer, importer, distributor, or retailer fails to comply with the chain-of-custody requirements of section 503C. ; and (2) by inserting after section 503B the following: 503C. Chain-of-custody requirements \n(a) In general \nNot later than January 1, 2006, the Secretary shall promulgate chain-of-custody requirements applicable to each manufacturer, importer, distributor, and retailer of a prescription drug. (b) Manufacturers \nThe chain-of-custody requirements promulgated under this section shall require each manufacturer of a prescription drug— (1) to incorporate a unique identifier into the packaging or labeling of the drug; (2) to track the drug through the point of delivery to the retailer of the drug; and (3) to maintain, either directly or through a contractor, a database on the movement of the drug. (c) Importers, distributors, and retailers \nThe chain-of-custody requirements promulgated under this section shall require each importer, distributor, and retailer of a prescription drug to assist in the tracking of the drug under this section by reporting the receipt of the drug to the manufacturer. (d) Prescription drug \nIn this section, the term prescription drug means a drug subject to section 503(b). (e) Effective date \nThe chain-of-custody requirements promulgated by the Secretary under this section shall take effect on January 1, 2008.. (c) Grants for community pharmacists \nThe Secretary of Health and Human Services may make grants to community pharmacists to assist such pharmacists to comply with tracking requirements imposed on such pharmacists by drug manufacturers, importers, or distributors as a result of the amendments made by subsection (b).", "id": "H3EFA4DE0CD824D21B3BE62DA60A4CA51", "header": "Distribution and labeling of drugs", "nested": [ { "text": "(a) Drug pedigree amendments \nParagraph (1) of section 503(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e) ) is amended— (1) in subparagraph (A), by striking Each person who is engaged in the wholesale distribution of a drug subject to subsection (b) and who is not the manufacturer or an authorized distributor of record of such drug shall and inserting Subject to subparagraph (C), each person who is engaged in the wholesale distribution of a drug subject to subsection (b) shall ; and (2) by adding after subparagraph (B) the following: (C) Subparagraph (A) applies to the manufacturer of a drug or the authorized distributor of record of a drug only if— (i) the drug is included in schedule II of section 202(c) of the Controlled Substances Act; or (ii) the Secretary designates the drug for purposes of this subparagraph, taking into consideration the impact to public health that would result from counterfeiting or diversion of the drug, the price of the drug, the volume of the drug, the dosage form of the drug, the clinical uses of the drug, the history of counterfeiting or diversion of the drug, and whether products similar to the drug have a history of counterfeiting or diversion..", "id": "HF2AE5655860B46CDBDD8038BE548DDCC", "header": "Drug pedigree amendments", "nested": [], "links": [ { "text": "21 U.S.C. 353(e)", "legal-doc": "usc", "parsable-cite": "usc/21/353" } ] }, { "text": "(b) Chain-of-custody requirements \nChapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) (as amended by section 3) is amended— (1) in section 502, by adding at the end the following: (w) If it is a drug with respect to which the manufacturer, importer, distributor, or retailer fails to comply with the chain-of-custody requirements of section 503C. ; and (2) by inserting after section 503B the following: 503C. Chain-of-custody requirements \n(a) In general \nNot later than January 1, 2006, the Secretary shall promulgate chain-of-custody requirements applicable to each manufacturer, importer, distributor, and retailer of a prescription drug. (b) Manufacturers \nThe chain-of-custody requirements promulgated under this section shall require each manufacturer of a prescription drug— (1) to incorporate a unique identifier into the packaging or labeling of the drug; (2) to track the drug through the point of delivery to the retailer of the drug; and (3) to maintain, either directly or through a contractor, a database on the movement of the drug. (c) Importers, distributors, and retailers \nThe chain-of-custody requirements promulgated under this section shall require each importer, distributor, and retailer of a prescription drug to assist in the tracking of the drug under this section by reporting the receipt of the drug to the manufacturer. (d) Prescription drug \nIn this section, the term prescription drug means a drug subject to section 503(b). (e) Effective date \nThe chain-of-custody requirements promulgated by the Secretary under this section shall take effect on January 1, 2008..", "id": "H127088E543104D9FA7241348EB2E68A7", "header": "Chain-of-custody requirements", "nested": [], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "(c) Grants for community pharmacists \nThe Secretary of Health and Human Services may make grants to community pharmacists to assist such pharmacists to comply with tracking requirements imposed on such pharmacists by drug manufacturers, importers, or distributors as a result of the amendments made by subsection (b).", "id": "H5FBA3EE62FFC47F69739AFF1A8F7C587", "header": "Grants for community pharmacists", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 353(e)", "legal-doc": "usc", "parsable-cite": "usc/21/353" }, { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" } ] }, { "text": "503C. Chain-of-custody requirements \n(a) In general \nNot later than January 1, 2006, the Secretary shall promulgate chain-of-custody requirements applicable to each manufacturer, importer, distributor, and retailer of a prescription drug. (b) Manufacturers \nThe chain-of-custody requirements promulgated under this section shall require each manufacturer of a prescription drug— (1) to incorporate a unique identifier into the packaging or labeling of the drug; (2) to track the drug through the point of delivery to the retailer of the drug; and (3) to maintain, either directly or through a contractor, a database on the movement of the drug. (c) Importers, distributors, and retailers \nThe chain-of-custody requirements promulgated under this section shall require each importer, distributor, and retailer of a prescription drug to assist in the tracking of the drug under this section by reporting the receipt of the drug to the manufacturer. (d) Prescription drug \nIn this section, the term prescription drug means a drug subject to section 503(b). (e) Effective date \nThe chain-of-custody requirements promulgated by the Secretary under this section shall take effect on January 1, 2008.", "id": "HEDCECB7F201942CC99A0AFF1D6A7E153", "header": "Chain-of-custody requirements", "nested": [ { "text": "(a) In general \nNot later than January 1, 2006, the Secretary shall promulgate chain-of-custody requirements applicable to each manufacturer, importer, distributor, and retailer of a prescription drug.", "id": "H2380BF4F628B4345BC9BA8E3336C94AD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Manufacturers \nThe chain-of-custody requirements promulgated under this section shall require each manufacturer of a prescription drug— (1) to incorporate a unique identifier into the packaging or labeling of the drug; (2) to track the drug through the point of delivery to the retailer of the drug; and (3) to maintain, either directly or through a contractor, a database on the movement of the drug.", "id": "HD3CE037F84844965BB72C2938849FC0", "header": "Manufacturers", "nested": [], "links": [] }, { "text": "(c) Importers, distributors, and retailers \nThe chain-of-custody requirements promulgated under this section shall require each importer, distributor, and retailer of a prescription drug to assist in the tracking of the drug under this section by reporting the receipt of the drug to the manufacturer.", "id": "H02A1561EA46A4D7291B0F3D010EB3298", "header": "Importers, distributors, and retailers", "nested": [], "links": [] }, { "text": "(d) Prescription drug \nIn this section, the term prescription drug means a drug subject to section 503(b).", "id": "H863F5A3EF9DF4DD7AB2441E9E3B536B8", "header": "Prescription drug", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe chain-of-custody requirements promulgated by the Secretary under this section shall take effect on January 1, 2008.", "id": "H551A6C0DD6034E009047BE4A687E369", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Restriction on personal use exemption for importing controlled substances \nParagraph (2) of section 1006(a) of the Controlled Substances Import and Export Act ( 21 U.S.C. 956(a) ) is amended by striking may not import the controlled substance and all that follows and inserting may not import the controlled substance into the United States— (1) in an amount that exceeds 50 dosage units of the controlled substance; or (2) in the case of a controlled substance in schedule II, III, or IV, more than 1 time during any 30-day period..", "id": "HAF5F529E80644A3BB11CC3C9CB5D0607", "header": "Restriction on personal use exemption for importing controlled substances", "nested": [], "links": [ { "text": "21 U.S.C. 956(a)", "legal-doc": "usc", "parsable-cite": "usc/21/956" } ] }, { "text": "6. Working group on pharmaceutical counterfeiting \n(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the Commissioner of Food and Drugs, shall convene a working group (in this section referred to as the working group ) to conduct a study and submit a report on pharmaceutical counterfeiting. (b) Members \nThe Secretary shall invite to serve as members of the working group representatives of the following: (1) Domestic regulatory agencies. (2) Domestic and international law enforcement officials. (3) Multinational organizations, such as the World Trade Organization and the World Health Organization. (4) The United States Trade Representative. (5) The pharmaceutical industry. (6) Trade associations. (c) Study \nThe study conducted by the working group on pharmaceutical counterfeiting shall consider the following: (1) How to enhance supply-chain security. (2) Consumer education on counterfeiting issues. (3) Employing technology designed to frustrate organized and sophisticated criminals intent on compromising the world’s drug supply. (4) How industry could assist law enforcement by analyzing suspected counterfeit drugs to determine authenticity. (5) How industry can collaborate on issues related to pharmaceutical counterfeiting without revealing trade secrets or other confidential information. (d) Report \nNot later than 2 years after the date of the enactment of this Act, the working group shall submit a report to the Congress on the results of the study conducted under this section, including recommendations on measures to reduce or eliminate problems associated with pharmaceutical counterfeiting.", "id": "HA45763C8DAE046AAB4D31D69F02EDE30", "header": "Working group on pharmaceutical counterfeiting", "nested": [ { "text": "(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the Commissioner of Food and Drugs, shall convene a working group (in this section referred to as the working group ) to conduct a study and submit a report on pharmaceutical counterfeiting.", "id": "H7C5B35E9934D4F6B90E9D737D7B3008F", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Members \nThe Secretary shall invite to serve as members of the working group representatives of the following: (1) Domestic regulatory agencies. (2) Domestic and international law enforcement officials. (3) Multinational organizations, such as the World Trade Organization and the World Health Organization. (4) The United States Trade Representative. (5) The pharmaceutical industry. (6) Trade associations.", "id": "H6A9DB6ACD999424391D7238800644E39", "header": "Members", "nested": [], "links": [] }, { "text": "(c) Study \nThe study conducted by the working group on pharmaceutical counterfeiting shall consider the following: (1) How to enhance supply-chain security. (2) Consumer education on counterfeiting issues. (3) Employing technology designed to frustrate organized and sophisticated criminals intent on compromising the world’s drug supply. (4) How industry could assist law enforcement by analyzing suspected counterfeit drugs to determine authenticity. (5) How industry can collaborate on issues related to pharmaceutical counterfeiting without revealing trade secrets or other confidential information.", "id": "HFE09234027D445C7997733ED10BA59D8", "header": "Study", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 2 years after the date of the enactment of this Act, the working group shall submit a report to the Congress on the results of the study conducted under this section, including recommendations on measures to reduce or eliminate problems associated with pharmaceutical counterfeiting.", "id": "H8B4EAAFED2324A4280250099A5D73688", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Baseline research on prescription drug abuse \n(a) Research \nThe Secretary of Health and Human Services shall conduct research on issues related to prescription drug abuse, including the following: (1) Enhancing existing public use surveys and other sources so as to provide appropriate baseline data and data on the natural history and context of prescription drug use in order to evaluate the extent and nature of potential problems and guide corrective actions which reduce the problems without unintentionally hindering patient access. (2) The phenomenon of iatrogenic addiction, including the actual incidence and prevalence of iatrogenic addiction, the factors that modulate the risk of such addiction, and the extent to which concern about iatrogenic addiction impacts health care delivery. (3) Development of postapproval surveillance approaches that can detect and address potential risks of abuse and misuse, including risks in diverse patient populations that did not previously appear at risk for diversion or abuse, and in geographic regions that have been relatively absent from risk. (4) Methods to better translate new ideas about terminology, diagnosis, and management of addiction diseases into clinical practice at the primary care and specialist levels. (5) Reliable, useful assessment tools for addiction in the clinical setting of initial and ongoing treatment of conditions requiring the use of controlled substances. (6) Development of better methods of ensuring patient adherence to prescribed drug regimens. (7) Relative contributions of genetic, psychosocial, environmental, and behavioral factors to addiction to prescription opioids. (b) Report \nNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report on the results of the research conducted under this section.", "id": "H95862DF0DD2744B29E003196D9FAD067", "header": "Baseline research on prescription drug abuse", "nested": [ { "text": "(a) Research \nThe Secretary of Health and Human Services shall conduct research on issues related to prescription drug abuse, including the following: (1) Enhancing existing public use surveys and other sources so as to provide appropriate baseline data and data on the natural history and context of prescription drug use in order to evaluate the extent and nature of potential problems and guide corrective actions which reduce the problems without unintentionally hindering patient access. (2) The phenomenon of iatrogenic addiction, including the actual incidence and prevalence of iatrogenic addiction, the factors that modulate the risk of such addiction, and the extent to which concern about iatrogenic addiction impacts health care delivery. (3) Development of postapproval surveillance approaches that can detect and address potential risks of abuse and misuse, including risks in diverse patient populations that did not previously appear at risk for diversion or abuse, and in geographic regions that have been relatively absent from risk. (4) Methods to better translate new ideas about terminology, diagnosis, and management of addiction diseases into clinical practice at the primary care and specialist levels. (5) Reliable, useful assessment tools for addiction in the clinical setting of initial and ongoing treatment of conditions requiring the use of controlled substances. (6) Development of better methods of ensuring patient adherence to prescribed drug regimens. (7) Relative contributions of genetic, psychosocial, environmental, and behavioral factors to addiction to prescription opioids.", "id": "H50DC182EF34B40F396D1213527159501", "header": "Research", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report on the results of the research conducted under this section.", "id": "HCFE423E64E804FD7B5D94651679E7278", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Database for drug abuse mortality reporting \nSection 505 of the Public Health Service Act ( 42 U.S.C. 290aa–4 ) is amended— (1) in subparagraph (B) of subsection (c)(1), by striking , as indicated in reports by coroners ; and (2) by adding at the end the following: (e) With respect to the activities of the Administrator under subsections (a) and (c)(1)(B) relating to the collection of data on the number of deaths occurring as a result of substance abuse, the Administrator— (1) shall expand and intensify collection activities to maintain a comprehensive, national database on such deaths; and (2) shall require medical examiners, coroners, and other appropriate persons to report to the Administrator for purposes of collecting data on such deaths.", "id": "HC97F4413A2ED4C829BAF5F287782F162", "header": "Database for drug abuse mortality reporting", "nested": [], "links": [ { "text": "42 U.S.C. 290aa–4", "legal-doc": "usc", "parsable-cite": "usc/42/290aa-4" } ] } ]

[ "Accreditation (Medical care)", "Administrative procedure", "Business records", "Civil Rights and Liberties, Minority Issues", "Commerce", "Communication in medicine", "Congress", "Congressional reporting requirements", "Consumer education", "Crime and Law Enforcement", "Criminal investigation", "Criminal justice information", "Criminal statistics", "Data banks", "Death", "Department of Health and Human Services", "Drug abuse", "Drug addiction", "Drug industry", "Drug law enforcement", "Drugs", "Economics and Public Finance", "Electronic commerce", "Electronic data interchange", "Federal advisory bodies", "Federal aid to health facilities", "Fines (Penalties)", "Foreign Trade and International Finance", "Government Operations and Politics", "Government paperwork", "Governmental investigations", "Grants-in-aid", "Health information systems", "Health surveys", "Identification devices", "Import restrictions", "Internet", "Interstate relations", "Labeling", "Law", "Licenses", "Medical personnel", "Medical records", "Medical statistics", "Medication abuse", "Packaging", "Patients' rights", "Pharmacies", "Pharmacists", "Physicians", "Product counterfeiting", "Right of privacy", "Science, Technology, Communications", "Web sites" ]

[ { "text": "1. Uniform criteria for administrative acknowledgment and recognition of Indian tribes \n(a) In General \nFederal acknowledgment or recognition shall not be granted to an Indian tribe unless the Indian tribe has met all of the criteria listed in part 83 of title 25, Code of Federal Regulations, as in effect on January 1, 2004. When issuing proposed findings and final determinations on Federal acknowledgment or recognition of an Indian tribe, the Secretary of the Interior shall publish in the Federal Register detailed findings on each of those criteria. Such findings shall be accompanied by a report under part 83 of title 25, Code of Federal Regulations as in effect on January 1, 2004. This section shall apply to all petitions regarding which such findings and report have not been issued as of the date of the enactment of this Act. (b) Prohibition on modification of regulations \nSecretary of the Interior may not modify, amend, nulify, or change in any way the criteria listed in part 83 of title 25, Code of Federal Regulations, as in effect on January 1, 2004.", "id": "H815CAA42F7D449328877F0E1D8C00E3", "header": "Uniform criteria for administrative acknowledgment and recognition of Indian tribes", "nested": [ { "text": "(a) In General \nFederal acknowledgment or recognition shall not be granted to an Indian tribe unless the Indian tribe has met all of the criteria listed in part 83 of title 25, Code of Federal Regulations, as in effect on January 1, 2004. When issuing proposed findings and final determinations on Federal acknowledgment or recognition of an Indian tribe, the Secretary of the Interior shall publish in the Federal Register detailed findings on each of those criteria. Such findings shall be accompanied by a report under part 83 of title 25, Code of Federal Regulations as in effect on January 1, 2004. This section shall apply to all petitions regarding which such findings and report have not been issued as of the date of the enactment of this Act.", "id": "H68888D55A9DE43E38B12F1921730F12E", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Prohibition on modification of regulations \nSecretary of the Interior may not modify, amend, nulify, or change in any way the criteria listed in part 83 of title 25, Code of Federal Regulations, as in effect on January 1, 2004.", "id": "H70F66C8923EB4E7FA5AD587CCCA706D0", "header": "Prohibition on modification of regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Repeal of revolving door exemption \nSection 104(j) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450i(j) ) is repealed.", "id": "H66B4970C2AFF4E7E88350052739837D1", "header": "Repeal of revolving door exemption", "nested": [], "links": [ { "text": "25 U.S.C. 450i(j)", "legal-doc": "usc", "parsable-cite": "usc/25/450i" } ] } ]

[ "Administrative procedure", "Conflict of interests", "Department of the Interior", "Federal employees", "Federal officials", "Federal-Indian relations", "Government Operations and Politics", "Government ethics", "Government publicity", "Law", "Lawyers", "Legal ethics", "Minorities" ]

[ { "text": "1. Evan Asa Ashcraft Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 23055 Sherman Way in West Hills, California, shall be known and designated as the Evan Asa Ashcraft Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Evan Asa Ashcraft Post Office Building.", "id": "H1FB544DC75CE4440B426D9447B573D4F", "header": "Evan Asa Ashcraft Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 23055 Sherman Way in West Hills, California, shall be known and designated as the Evan Asa Ashcraft Post Office Building.", "id": "HE41651E82D3446CCA569719CED14C976", "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 Evan Asa Ashcraft Post Office Building.", "id": "H2FE3713E45334FE7A884140000E8B922", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Forces and National Security", "Army", "California", "Congress", "Congressional tributes", "Government Operations and Politics", "Names", "Officer personnel", "Postal facilities" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Honor Our Fallen Prisoners of War Act.", "id": "H68517F85A9034A6AB1E6E2C8F54D1C52", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Award of Purple Heart for Prisoners of War Who Die in Captivity \n(a) Persons Not Otherwise Eligible for the Purple Heart \nChapter 57 of title 10, United States Code, is amended by adding at the end the following new section: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death \n(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. (c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.", "id": "HCD4073B6F5A64B4590DA87ABAB00C500", "header": "Award of Purple Heart for Prisoners of War Who Die in Captivity", "nested": [ { "text": "(a) Persons Not Otherwise Eligible for the Purple Heart \nChapter 57 of title 10, United States Code, is amended by adding at the end the following new section: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death \n(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. (c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires..", "id": "H949E32168FB84B288F838D8B178DD406", "header": "Persons Not Otherwise Eligible for the Purple Heart", "nested": [], "links": [ { "text": "Chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/57" } ] }, { "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: 1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death.", "id": "H56860E6C93B04A8D83B6BD69F5781376", "header": "Clerical Amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/57" } ] }, { "text": "1134. Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death \n(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. (b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart. (c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.", "id": "H88D03AFCDD6248179BC587697824D6AB", "header": "Purple Heart: members who die while prisoners of war that are not otherwise eligible under the circumstances causing death", "nested": [ { "text": "(a) For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.", "id": "H10F5C7F0825F4A0EB0C7A7CFDF02E348", "header": null, "nested": [], "links": [] }, { "text": "(b) A member described in this subsection is a member who dies in captivity under circumstances establishing eligibility for the prisoner-of-war medal under section 1128 of this title but not under circumstances establishing eligibility for the Purple Heart.", "id": "HF595E4A50705438EB23470A0FDBB2135", "header": null, "nested": [], "links": [] }, { "text": "(c) This section applies to members of the armed forces who die on or after December 7, 1941. In the case of a member who dies as described in subsection (b) on or after December 7, 1941, and before the date of the enactment of this section, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before the date of the enactment of this section or for which an application is made to the Secretary in such manner as the Secretary requires.", "id": "H9B5C7337D7B24511912BECFCC960B4DB", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Commemorations", "Military medals, decorations, etc.", "Prisoners of war", "War casualties" ]

[ { "text": "1. Amyl-anthraquinone \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.29.01 9, 10-Anthracenedione (CAS No. 113936–21–5) (provided for in subheading 2914.69.90 in pure form or 3824.90.28 in 50% solution) Free No change No change On or before 12/31/2006 (b) Effective date \nThe amendment made by this section shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.", "id": "H50A4F710F7524FDB87CB7472AC5304", "header": "Amyl-anthraquinone", "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: 9902.29.01 9, 10-Anthracenedione (CAS No. 113936–21–5) (provided for in subheading 2914.69.90 in pure form or 3824.90.28 in 50% solution) Free No change No change On or before 12/31/2006", "id": "HD08B5006933B43BEA03B18C70086E470", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.", "id": "H3DB8BC6436BA4F3F9C1CA9385165E4F5", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD96C2993BDB3471BA8F2E6A82DF9D53D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Brownfields IRA \n(a) In general \nSubpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: 468C. Special rules for Hazardous Waste Remediation Reserves \n(a) In general \nThere shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the Reserve ) during such taxable year. (b) Limitation on amounts paid into Reserve \nThe amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of— (1) $1,000,000, or (2) the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years. (c) Income and deductions of the taxpayer \n(1) Inclusion of amounts distributed \nThere shall be includible in the gross income of the taxpayer for any taxable year— (A) any amount distributed from the Reserve during such taxable year, and (B) any deemed distribution under subsection (e). (2) Deduction when economic performance occurs \nIn addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. (d) Hazardous Waste Remediation Reserve \n(1) In general \nFor purposes of this section, the term Hazardous Waste Remediation Reserve means a reserve established by the taxpayer for purposes of this section. (2) Reserve exempt from taxation \nAny Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (3) Contributions to Reserve \nThe Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). (4) Use of Reserve \nThe Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. (5) Prohibitions against self-dealing \nUnder regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). (e) Deemed distributions \n(1) Disqualification of Reserve for self-dealing \nIn any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. (2) Failure to spend funds \nA Reserve shall be treated as having distributed all of its funds— (A) on the date which is 10 years after the date such Reserve was established unless, as of such date— (i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and (ii) a remediation plan has been prepared for such site, and (B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. (f) Penalty for distributions not used for qualified hazardous waste costs \nThe tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. (g) Qualified hazardous waste costs \nFor purposes of this section, the term qualified hazardous waste costs means— (1) the costs paid or incurred by the taxpayer in connection with the assessment of— (A) the extent of the environmental contamination of a site which is owned by the taxpayer, and (B) the expected cost of environmental remediation required for such site, and (2) the costs paid or incurred by the taxpayer to remediate such contamination. (h) Controlled groups \nAll persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. (i) Time when payments deemed made \nFor purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2 1/2 months after the close of such taxable year.. (b) Clerical amendment \nThe table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: Sec. 468C. Special rules for hazardous waste remediation reserves. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H53F8622A442B4C3F9366700130E25504", "header": "Brownfields IRA", "nested": [ { "text": "(a) In general \nSubpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: 468C. Special rules for Hazardous Waste Remediation Reserves \n(a) In general \nThere shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the Reserve ) during such taxable year. (b) Limitation on amounts paid into Reserve \nThe amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of— (1) $1,000,000, or (2) the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years. (c) Income and deductions of the taxpayer \n(1) Inclusion of amounts distributed \nThere shall be includible in the gross income of the taxpayer for any taxable year— (A) any amount distributed from the Reserve during such taxable year, and (B) any deemed distribution under subsection (e). (2) Deduction when economic performance occurs \nIn addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. (d) Hazardous Waste Remediation Reserve \n(1) In general \nFor purposes of this section, the term Hazardous Waste Remediation Reserve means a reserve established by the taxpayer for purposes of this section. (2) Reserve exempt from taxation \nAny Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (3) Contributions to Reserve \nThe Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). (4) Use of Reserve \nThe Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. (5) Prohibitions against self-dealing \nUnder regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). (e) Deemed distributions \n(1) Disqualification of Reserve for self-dealing \nIn any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. (2) Failure to spend funds \nA Reserve shall be treated as having distributed all of its funds— (A) on the date which is 10 years after the date such Reserve was established unless, as of such date— (i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and (ii) a remediation plan has been prepared for such site, and (B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. (f) Penalty for distributions not used for qualified hazardous waste costs \nThe tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. (g) Qualified hazardous waste costs \nFor purposes of this section, the term qualified hazardous waste costs means— (1) the costs paid or incurred by the taxpayer in connection with the assessment of— (A) the extent of the environmental contamination of a site which is owned by the taxpayer, and (B) the expected cost of environmental remediation required for such site, and (2) the costs paid or incurred by the taxpayer to remediate such contamination. (h) Controlled groups \nAll persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. (i) Time when payments deemed made \nFor purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2 1/2 months after the close of such taxable year..", "id": "H90F80B9875BF4B4F00ECBCA140BD1254", "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 C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: Sec. 468C. Special rules for hazardous waste remediation reserves.", "id": "H1482706DBCD74D5590221E511E44E200", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H78E57203B0B145BC81451FF7CAA53D2F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "468C. Special rules for Hazardous Waste Remediation Reserves \n(a) In general \nThere shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the Reserve ) during such taxable year. (b) Limitation on amounts paid into Reserve \nThe amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of— (1) $1,000,000, or (2) the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years. (c) Income and deductions of the taxpayer \n(1) Inclusion of amounts distributed \nThere shall be includible in the gross income of the taxpayer for any taxable year— (A) any amount distributed from the Reserve during such taxable year, and (B) any deemed distribution under subsection (e). (2) Deduction when economic performance occurs \nIn addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. (d) Hazardous Waste Remediation Reserve \n(1) In general \nFor purposes of this section, the term Hazardous Waste Remediation Reserve means a reserve established by the taxpayer for purposes of this section. (2) Reserve exempt from taxation \nAny Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (3) Contributions to Reserve \nThe Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). (4) Use of Reserve \nThe Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. (5) Prohibitions against self-dealing \nUnder regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). (e) Deemed distributions \n(1) Disqualification of Reserve for self-dealing \nIn any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. (2) Failure to spend funds \nA Reserve shall be treated as having distributed all of its funds— (A) on the date which is 10 years after the date such Reserve was established unless, as of such date— (i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and (ii) a remediation plan has been prepared for such site, and (B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. (f) Penalty for distributions not used for qualified hazardous waste costs \nThe tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. (g) Qualified hazardous waste costs \nFor purposes of this section, the term qualified hazardous waste costs means— (1) the costs paid or incurred by the taxpayer in connection with the assessment of— (A) the extent of the environmental contamination of a site which is owned by the taxpayer, and (B) the expected cost of environmental remediation required for such site, and (2) the costs paid or incurred by the taxpayer to remediate such contamination. (h) Controlled groups \nAll persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. (i) Time when payments deemed made \nFor purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2 1/2 months after the close of such taxable year.", "id": "H71615C1B85DB486E842EFB97BBA651E8", "header": "Special rules for Hazardous Waste Remediation Reserves", "nested": [ { "text": "(a) In general \nThere shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the Reserve ) during such taxable year.", "id": "H46E99ECFBB3449F4A7253C33AFF95E0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation on amounts paid into Reserve \nThe amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of— (1) $1,000,000, or (2) the excess (if any) of $1,000,000 over the amount paid into the Reserve for all prior taxable years.", "id": "H575EA82D0B0B444DAA36BA699E8E8C36", "header": "Limitation on amounts paid into Reserve", "nested": [], "links": [] }, { "text": "(c) Income and deductions of the taxpayer \n(1) Inclusion of amounts distributed \nThere shall be includible in the gross income of the taxpayer for any taxable year— (A) any amount distributed from the Reserve during such taxable year, and (B) any deemed distribution under subsection (e). (2) Deduction when economic performance occurs \nIn addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year.", "id": "HA26D0D1101B347CA9B05E66C0493DEA1", "header": "Income and deductions of the taxpayer", "nested": [], "links": [] }, { "text": "(d) Hazardous Waste Remediation Reserve \n(1) In general \nFor purposes of this section, the term Hazardous Waste Remediation Reserve means a reserve established by the taxpayer for purposes of this section. (2) Reserve exempt from taxation \nAny Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (3) Contributions to Reserve \nThe Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). (4) Use of Reserve \nThe Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. (5) Prohibitions against self-dealing \nUnder regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21).", "id": "HEFE49A0F08D84B178634ACAC008BCA74", "header": "Hazardous Waste Remediation Reserve", "nested": [], "links": [] }, { "text": "(e) Deemed distributions \n(1) Disqualification of Reserve for self-dealing \nIn any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. (2) Failure to spend funds \nA Reserve shall be treated as having distributed all of its funds— (A) on the date which is 10 years after the date such Reserve was established unless, as of such date— (i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and (ii) a remediation plan has been prepared for such site, and (B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established.", "id": "H83F8A4E31DD84AE4A67B26CAC1B75CAB", "header": "Deemed distributions", "nested": [], "links": [] }, { "text": "(f) Penalty for distributions not used for qualified hazardous waste costs \nThe tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount.", "id": "HA3263225C0BC4121B7BDEA9690BC38D", "header": "Penalty for distributions not used for qualified hazardous waste costs", "nested": [], "links": [] }, { "text": "(g) Qualified hazardous waste costs \nFor purposes of this section, the term qualified hazardous waste costs means— (1) the costs paid or incurred by the taxpayer in connection with the assessment of— (A) the extent of the environmental contamination of a site which is owned by the taxpayer, and (B) the expected cost of environmental remediation required for such site, and (2) the costs paid or incurred by the taxpayer to remediate such contamination.", "id": "H065C4DD88F9E4039821400846F71F9F2", "header": "Qualified hazardous waste costs", "nested": [], "links": [] }, { "text": "(h) Controlled groups \nAll persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe.", "id": "H4AC5F0DA0DEB4750B587370699DBF243", "header": "Controlled groups", "nested": [], "links": [] }, { "text": "(i) Time when payments deemed made \nFor purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2 1/2 months after the close of such taxable year.", "id": "H21BACDABBAAD4A78897CFC3400D877D5", "header": "Time when payments deemed made", "nested": [], "links": [] } ], "links": [] } ]

[ "Brownfields", "Commerce", "Corporate finance", "Environmental Protection", "Hazardous wastes", "Income tax", "Law", "Liability for environmental damages", "Refuse and refuse disposal", "Tax deductions", "Tax exemption", "Tax penalties" ]

[ { "text": "1. Sergeant First Class Paul Ray Smith Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 4737 Mile Stretch Drive in Holiday, Florida, shall be known and designated as the Sergeant First Class Paul Ray Smith Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sergeant First Class Paul Ray Smith Post Office Building.", "id": "H5CA6B6B7CC8B489EB7212D9FF1B6B3F0", "header": "Sergeant First Class Paul Ray Smith Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 4737 Mile Stretch Drive in Holiday, Florida, shall be known and designated as the Sergeant First Class Paul Ray Smith Post Office Building.", "id": "HD88CD88A55F64EB89407004E8CE599B3", "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 Sergeant First Class Paul Ray Smith Post Office Building.", "id": "HAF9E2B3EA90F44C0B27D6973D395F600", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Forces and National Security", "Army", "Congress", "Congressional tributes", "Florida", "Government Operations and Politics", "Names", "Officer personnel", "Postal facilities" ]

[ { "text": "1. Short title \nThis Act may be cited as the E-mail Privacy Act of 2004.", "id": "H5F3378A66A80486AB43CC37C2F71902C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interceptions \nSection 2510(4) of title 18, United States Code, is amended— (1) by striking the period at the end; and (2) by inserting , and, with respect to an electronic communication, includes the acquisition of the contents of the communication through the use of any electronic, mechanical, or other device, at any point between the point of origin and the point when it is made available to the recipient after device.", "id": "H40A7E04E62BF4F5FA041615885F57179", "header": "Interceptions", "nested": [], "links": [ { "text": "Section 2510(4)", "legal-doc": "usc", "parsable-cite": "usc/18/2510" } ] }, { "text": "3. Limitation of service provider exception \nSection 2701(c)(1) of title 18, United States Code, is amended by inserting to the extent the access is a necessary incident to the rendition of the service, the protection of the rights or property of the provider of that service, or compliance with section 2702 after service.", "id": "H235F2C21147544AC9E8CB19D5C6CFE", "header": "Limitation of service provider exception", "nested": [], "links": [ { "text": "Section 2701(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2701" } ] } ]

[ "Civil Rights and Liberties, Minority Issues", "Electronic mail systems", "Electronic surveillance", "Internet", "Right of privacy", "Science, Technology, Communications", "Wiretapping" ]

[ { "text": "1. Short title \nThis Act may be cited as— (1) the Safe, Orderly, Legal Visas and Enforcement Act of 2004 ; or (2) the.", "id": "H922E51E89FD54F629C11C3AC475EE3C3", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Adjustment of status \n(a) Principal aliens \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence an alien who satisfies the following requirements: (1) Application \nThe alien shall file an application establishing eligibility for adjustment of status and pay the requisite filing fee under section 115, not later than 2 years after the date of the issuance of final regulations implementing this title. (2) Continuous physical presence \n(A) In general \nThe alien shall establish that the alien— (i) was physically present in the United States, lawfully or unlawfully, for at least 5 years preceding the date on which this Act was introduced; (ii) on such date, was not legally present in the United States pursuant to any classification set forth in section 101(a)(15) of the Immigration and Nationality Act (with the exception of subparagraph (V) of such section); and (iii) has not departed from the United States except pursuant to the following parameters: (I) Single departures of 90 days or less, and multiple departures totaling 180 days or less, will not be considered to interrupt continuous physical presence for purposes of this section. (II) The burden will be on the alien to demonstrate that all single departures exceeding 90 days, and multiple departures totaling more than 180 days, were due to exceptional circumstances. (III) Departures pursuant to voluntary departure shall not in themselves be considered to interrupt the period of physical presence. (B) Construction \nA person who has violated any conditions of his visa shall not be considered to be legally present for purposes of subparagraph (A). (3) Admissible under immigration laws \nIn establishing admissibility to the United States, the alien shall establish that the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision of that section that is not applicable or waived under section 102. (4) Employment in United States \n(A) In general \nThe alien shall have been employed, including self-employment, lawfully or unlawfully, in the United States, in the aggregate, for at least 2 years of the 5 years immediately preceding the date on which this Act was introduced. For purposes of this section, either 1,800 hours or 260 days shall constitute 2 years of employment. An alien shall not be required to complete such employment requirements with the same employer. (B) Exception \nSubparagraph (A) shall not apply to an individual who is under 21 years of age on the date on which the application was filed under this section. Subparagraph (A) also shall not apply to an individual who has not been employed as a result of pregnancy, or because of primary caretaker responsibilities of a child or other person who requires supervision or is unable to take care of him or herself. (C) Disability \nIn determining whether an alien has met the requirements of (A), the Secretary of Homeland Security shall credit the alien with any workdays lost because the alien was unable to work due to injury or disease arising out of and in the course of the alien’s employment, if the alien can establish such disabling injury or disease through medical records. (D) Educational alternative \nSchool attendance by an alien after the age of 18 years of each year of high school, or postsecondary education (at least half-time) shall constitute one year of employment for purposes of this section. (E) Evidence of employment \n(i) Conclusive documents \nFor purposes of satisfying the requirement in subparagraph (A), the alien shall submit at least 1 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment: (I) Records maintained by the Social Security Administration. (II) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification. (III) Records maintained by the Internal Revenue Service. (IV) Records maintained by a labor union, day labor center, or an organization that assists workers in matters related to employment. (V) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records. (ii) Other documents \nAliens unable to submit a document described in clause (i) shall submit at least 2 other types of reliable documents, including sworn declarations for each period of employment to satisfy the requirement in subparagraph (A). Such documents may include: (I) Bank records. (II) Business records. (III) Affidavits from nonrelatives who have direct knowledge of the applicant’s work. (IV) Remittance records. (V) Business correspondence. (iii) Intent of Congress \nIt is the intent of Congress that the requirement in subparagraph (A) be interpreted and implemented in a manner that recognizes and takes into account the difficulties encountered by aliens in obtaining evidence of employment due to the undocumented status of the alien. (F) Burden of proof \nAn alien applying for adjustment of status under this section has the burden of proving by a preponderance of the evidence that the alien has worked the requisite time period (as required under subparagraph (A)). An alien may meet such burden of proof by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Secretary of Homeland Security to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence. (5) Payment of income taxes \nNot later than the date on which status is adjusted under this section, the alien shall establish the payment of all Federal income taxes owed for employment during the period of employment required under paragraph (4)(A). The alien may satisfy such requirement by establishing that— (A) no such tax liability exists; (B) all outstanding liabilities have been met; (C) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service (IRS); or (D) the IRS shall be directed to cooperate in providing documentation to the alien pursuant to this title. (6) Basic citizenship skills \n(A) In general \nExcept as provided in subparagraph (B), the alien shall establish that the alien meets the requirements of section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ) (relating to minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States), or is pursuing, or is enrolled or registered to pursue such knowledge and understanding of English and civics. (B) Exceptions \nThe requirements of subparagraph (A) shall not apply to any person who is 55 years of age or older or who is unable to comply with those requirements because of a physical or developmental disability or mental impairment. (C) Authorization of appropriations \nThere are authorized to be appropriated such sums for English and civics classes as are necessary to carry out this section. (7) Security and law enforcement clearances \nThe alien shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The relevant Federal agencies shall work to ensure that such clearances are completed as expeditiously as possible. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services. (8) Military selective service \nThe alien shall establish that if the alien is within the age period required under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), that such alien has registered under that Act. (b) Spouses and children \n(1) In general \n(A) Adjustment of status \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under paragraph (2), adjust the status to that of a lawful permanent resident for, or provide an immigrant visa to— (i) the spouse or child, defined as a person who was under 21 years of age on the date of the enactment of this Act, of an alien who adjusts status to that of a permanent resident under subsection (a); or (ii) an alien who, within 5 years preceding such date, was the spouse or child of an alien who adjusts status or is eligible to adjust status to that of a permanent resident under subsection (a), if— (I) the termination of the qualifying relationship was connected to domestic violence; and (II) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status to that of a permanent resident under subsection (a). (B) Application of other law \nIn acting on applications filed under this subsection with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). (2) Waiver of inadmissibility \nIn establishing admissibility to the United States, the spouse or child described in paragraph (1) shall establish that they are not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision of that section that is not applicable or waived under section 102. (3) Security and law enforcement clearance \nThe spouse or child, if that child is 14 years of age or older, described in paragraph (1) shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The relevant Federal agencies shall work to ensure that such clearances are completed as expeditiously as possible. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services. (c) Nonapplicability of numerical limitations \nWhen an alien is granted lawful permanent resident status under this section, the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) shall not be reduced.", "id": "HB76C4AFCB3EA4AA4A17723FD758FB1E5", "header": "Adjustment of status", "nested": [ { "text": "(a) Principal aliens \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence an alien who satisfies the following requirements: (1) Application \nThe alien shall file an application establishing eligibility for adjustment of status and pay the requisite filing fee under section 115, not later than 2 years after the date of the issuance of final regulations implementing this title. (2) Continuous physical presence \n(A) In general \nThe alien shall establish that the alien— (i) was physically present in the United States, lawfully or unlawfully, for at least 5 years preceding the date on which this Act was introduced; (ii) on such date, was not legally present in the United States pursuant to any classification set forth in section 101(a)(15) of the Immigration and Nationality Act (with the exception of subparagraph (V) of such section); and (iii) has not departed from the United States except pursuant to the following parameters: (I) Single departures of 90 days or less, and multiple departures totaling 180 days or less, will not be considered to interrupt continuous physical presence for purposes of this section. (II) The burden will be on the alien to demonstrate that all single departures exceeding 90 days, and multiple departures totaling more than 180 days, were due to exceptional circumstances. (III) Departures pursuant to voluntary departure shall not in themselves be considered to interrupt the period of physical presence. (B) Construction \nA person who has violated any conditions of his visa shall not be considered to be legally present for purposes of subparagraph (A). (3) Admissible under immigration laws \nIn establishing admissibility to the United States, the alien shall establish that the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision of that section that is not applicable or waived under section 102. (4) Employment in United States \n(A) In general \nThe alien shall have been employed, including self-employment, lawfully or unlawfully, in the United States, in the aggregate, for at least 2 years of the 5 years immediately preceding the date on which this Act was introduced. For purposes of this section, either 1,800 hours or 260 days shall constitute 2 years of employment. An alien shall not be required to complete such employment requirements with the same employer. (B) Exception \nSubparagraph (A) shall not apply to an individual who is under 21 years of age on the date on which the application was filed under this section. Subparagraph (A) also shall not apply to an individual who has not been employed as a result of pregnancy, or because of primary caretaker responsibilities of a child or other person who requires supervision or is unable to take care of him or herself. (C) Disability \nIn determining whether an alien has met the requirements of (A), the Secretary of Homeland Security shall credit the alien with any workdays lost because the alien was unable to work due to injury or disease arising out of and in the course of the alien’s employment, if the alien can establish such disabling injury or disease through medical records. (D) Educational alternative \nSchool attendance by an alien after the age of 18 years of each year of high school, or postsecondary education (at least half-time) shall constitute one year of employment for purposes of this section. (E) Evidence of employment \n(i) Conclusive documents \nFor purposes of satisfying the requirement in subparagraph (A), the alien shall submit at least 1 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment: (I) Records maintained by the Social Security Administration. (II) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification. (III) Records maintained by the Internal Revenue Service. (IV) Records maintained by a labor union, day labor center, or an organization that assists workers in matters related to employment. (V) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records. (ii) Other documents \nAliens unable to submit a document described in clause (i) shall submit at least 2 other types of reliable documents, including sworn declarations for each period of employment to satisfy the requirement in subparagraph (A). Such documents may include: (I) Bank records. (II) Business records. (III) Affidavits from nonrelatives who have direct knowledge of the applicant’s work. (IV) Remittance records. (V) Business correspondence. (iii) Intent of Congress \nIt is the intent of Congress that the requirement in subparagraph (A) be interpreted and implemented in a manner that recognizes and takes into account the difficulties encountered by aliens in obtaining evidence of employment due to the undocumented status of the alien. (F) Burden of proof \nAn alien applying for adjustment of status under this section has the burden of proving by a preponderance of the evidence that the alien has worked the requisite time period (as required under subparagraph (A)). An alien may meet such burden of proof by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Secretary of Homeland Security to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence. (5) Payment of income taxes \nNot later than the date on which status is adjusted under this section, the alien shall establish the payment of all Federal income taxes owed for employment during the period of employment required under paragraph (4)(A). The alien may satisfy such requirement by establishing that— (A) no such tax liability exists; (B) all outstanding liabilities have been met; (C) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service (IRS); or (D) the IRS shall be directed to cooperate in providing documentation to the alien pursuant to this title. (6) Basic citizenship skills \n(A) In general \nExcept as provided in subparagraph (B), the alien shall establish that the alien meets the requirements of section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ) (relating to minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States), or is pursuing, or is enrolled or registered to pursue such knowledge and understanding of English and civics. (B) Exceptions \nThe requirements of subparagraph (A) shall not apply to any person who is 55 years of age or older or who is unable to comply with those requirements because of a physical or developmental disability or mental impairment. (C) Authorization of appropriations \nThere are authorized to be appropriated such sums for English and civics classes as are necessary to carry out this section. (7) Security and law enforcement clearances \nThe alien shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The relevant Federal agencies shall work to ensure that such clearances are completed as expeditiously as possible. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services. (8) Military selective service \nThe alien shall establish that if the alien is within the age period required under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), that such alien has registered under that Act.", "id": "HC10BE39EA22A452A89963EA8BFDE88AB", "header": "Principal aliens", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1423(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1423" } ] }, { "text": "(b) Spouses and children \n(1) In general \n(A) Adjustment of status \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under paragraph (2), adjust the status to that of a lawful permanent resident for, or provide an immigrant visa to— (i) the spouse or child, defined as a person who was under 21 years of age on the date of the enactment of this Act, of an alien who adjusts status to that of a permanent resident under subsection (a); or (ii) an alien who, within 5 years preceding such date, was the spouse or child of an alien who adjusts status or is eligible to adjust status to that of a permanent resident under subsection (a), if— (I) the termination of the qualifying relationship was connected to domestic violence; and (II) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status to that of a permanent resident under subsection (a). (B) Application of other law \nIn acting on applications filed under this subsection with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). (2) Waiver of inadmissibility \nIn establishing admissibility to the United States, the spouse or child described in paragraph (1) shall establish that they are not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision of that section that is not applicable or waived under section 102. (3) Security and law enforcement clearance \nThe spouse or child, if that child is 14 years of age or older, described in paragraph (1) shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The relevant Federal agencies shall work to ensure that such clearances are completed as expeditiously as possible. An appeal of a denial by the Secretary of Homeland Security shall be processed through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services.", "id": "H80EBA97B437D4F48BD48AFEA93C53505", "header": "Spouses and children", "nested": [], "links": [ { "text": "8 U.S.C. 1154(a)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1367", "legal-doc": "usc", "parsable-cite": "usc/8/1367" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(c) Nonapplicability of numerical limitations \nWhen an alien is granted lawful permanent resident status under this section, the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) shall not be reduced.", "id": "H54164A6F3CC64BFD8F95F9EB2A3AC70", "header": "Nonapplicability of numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1423(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1423" }, { "text": "8 U.S.C. 1154(a)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1367", "legal-doc": "usc", "parsable-cite": "usc/8/1367" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "102. Grounds of inadmissibility \nIn the determination of an alien’s admissibility under subsections (a)(3) or (b)(2) of section 101, the following shall apply: (1) Grounds that may not be waived \nThe following provisions of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) may not be waived by the Secretary of Homeland Security or the Secretary of State under paragraph (3)(A): (A) Subparagraphs (A), (B), (C), (E), (G), (H), and (I) of paragraph (2) of such section (relating to criminals). (B) Paragraph (3) of such section (relating to security and related grounds). (C) Subparagraphs (A) and (C) of paragraph (10) of such section (relating to polygamists and child abductors). (2) Grounds of inadmissibility not applicable \nThe provisions of paragraphs (4), (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. (3) Waiver of other grounds \n(A) In general \nExcept as provided in paragraph (1), the Secretary of Homeland Security or the Secretary of State may waive any provision of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) in the case of individual aliens for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. (B) Construction \nNothing in this paragraph shall be construed as affecting the authority of the Secretary of Homeland Security or the Secretary of State other than under this paragraph to waive the provisions of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (4) Special rule for individuals where there is no commercial purpose \nAn alien is not ineligible for adjustment of status under section 101 by reason of a ground of inadmissibility under section 212(a)(6)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(E) ) if the alien establishes that the action referred to in that section was taken for humanitarian purposes, to ensure family unity, or was otherwise in the public interest. (5) Applicability of other provisions \nSection 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) and section 240B(d) of that Act ( 8 U.S.C. 1229c(d) ) shall not apply with respect to an alien who is applying for adjustment of status under section 101.", "id": "H47C243387CF846E38640537FE7236429", "header": "Grounds of inadmissibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)(6)(E)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1231(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1231" }, { "text": "8 U.S.C. 1229c(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1229c" } ] }, { "text": "103. Treatment of applicants \n(a) In general \nAn alien who files an application under section 101 for adjustment of status, including a spouse or child who files for adjustment of status under section 101(b)— (1) shall be granted employment authorization pending final adjudication of the alien’s application for adjustment of status; (2) shall be granted permission to travel abroad pursuant to regulation pending final adjudication of alien’s application for adjustment of status; (3) shall not be detained, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application for adjustment of status, unless the alien commits an act which renders the alien ineligible for such adjustment of status; and (4) shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )) until such time as employment authorization under paragraph (1) is denied. (b) Security and law enforcement clearance \nBefore an alien is granted employment authorization or permission to travel under subsection (a), the alien shall be required to undergo a name check against existing databases for information relating to criminal, national security, or other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed not later than 90 days after the date on which the name check is requested. (c) Biometric documents \nThe Secretary of Homeland Security shall issue to each alien described in paragraph (a) a machine-readable tamper-resistant document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security Visa Reform Act, Public Law 107–173 , and represents the benefits and status set forth therein. (d) Termination of proceedings \nAn alien in removal proceedings who establishes prima facie eligibility for adjustment of status under section 101 shall be entitled to a termination of immigration proceedings pending the outcome of the alien’s application, unless the proceedings are based on criminal or national security grounds.", "id": "H3AA26F4AE56D41E995C7E28E3F2FBAF6", "header": "Treatment of applicants", "nested": [ { "text": "(a) In general \nAn alien who files an application under section 101 for adjustment of status, including a spouse or child who files for adjustment of status under section 101(b)— (1) shall be granted employment authorization pending final adjudication of the alien’s application for adjustment of status; (2) shall be granted permission to travel abroad pursuant to regulation pending final adjudication of alien’s application for adjustment of status; (3) shall not be detained, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application for adjustment of status, unless the alien commits an act which renders the alien ineligible for such adjustment of status; and (4) shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )) until such time as employment authorization under paragraph (1) is denied.", "id": "HF1FEF59B4B024BDDB34064D2F0393FC6", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1324a(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "(b) Security and law enforcement clearance \nBefore an alien is granted employment authorization or permission to travel under subsection (a), the alien shall be required to undergo a name check against existing databases for information relating to criminal, national security, or other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed not later than 90 days after the date on which the name check is requested.", "id": "H809B7A793E1B4634A070AF9F0469ACCE", "header": "Security and law enforcement clearance", "nested": [], "links": [] }, { "text": "(c) Biometric documents \nThe Secretary of Homeland Security shall issue to each alien described in paragraph (a) a machine-readable tamper-resistant document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security Visa Reform Act, Public Law 107–173 , and represents the benefits and status set forth therein.", "id": "H4A076F74DBE2430280A689B2070032F4", "header": "Biometric documents", "nested": [], "links": [ { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] }, { "text": "(d) Termination of proceedings \nAn alien in removal proceedings who establishes prima facie eligibility for adjustment of status under section 101 shall be entitled to a termination of immigration proceedings pending the outcome of the alien’s application, unless the proceedings are based on criminal or national security grounds.", "id": "HC8B1D75BB435425A955C546282FF1F26", "header": "Termination of proceedings", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1324a(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] }, { "text": "104. Apprehension before application period \nThe Secretary of Homeland Security shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in section 101 and who can establish prima facie eligibility to have the alien’s status adjusted under that section (but for the fact that the alien may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 180 days of the application period to complete the filing of an application for adjustment, the alien— (1) may not be detained solely for a violation of immigration status as described in section 102(2); (2) may not be removed from the United States; and (3) shall be granted employment authorization after undergoing all clearances determined appropriate by the Secretary of Homeland Security.", "id": "HB8787B2CE86147C1A22FC3A0C6FE471E", "header": "Apprehension before application period", "nested": [], "links": [] }, { "text": "105. Confidentiality of information \n(a) In general \nExcept as otherwise provided in this title, no Federal agency or bureau, nor any officer or employee of such agency or bureau, may— (1) use the information furnished by the applicant pursuant to an application filed under subsection (a) or (b) of section 101 for any purpose other than to make a determination on the application; (2) make any publication through which the information furnished by any particular applicant can be identified; or (3) permit anyone other than the sworn officers and employees of such agency or bureau or, with respect to applications filed with a recognized organization under section 112, that recognized organization, to examine individual applications. (b) Required disclosures \nNotwithstanding subsections (b) and (c) of section 112, the Secretary of Homeland Security and the Secretary of State shall provide the information furnished pursuant to an application filed under subsection (a) or (b) of section 101, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution or a national security investigation or prosecution, in each instance about an individual suspect or group of suspects, when such information is requested in writing by such entity. (c) Criminal penalty \nAny person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.", "id": "HAC041BBD080E4191A580E4C393C121BD", "header": "Confidentiality of information", "nested": [ { "text": "(a) In general \nExcept as otherwise provided in this title, no Federal agency or bureau, nor any officer or employee of such agency or bureau, may— (1) use the information furnished by the applicant pursuant to an application filed under subsection (a) or (b) of section 101 for any purpose other than to make a determination on the application; (2) make any publication through which the information furnished by any particular applicant can be identified; or (3) permit anyone other than the sworn officers and employees of such agency or bureau or, with respect to applications filed with a recognized organization under section 112, that recognized organization, to examine individual applications.", "id": "H0BEC855E0BDB4CE48FCB1034D11E413F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required disclosures \nNotwithstanding subsections (b) and (c) of section 112, the Secretary of Homeland Security and the Secretary of State shall provide the information furnished pursuant to an application filed under subsection (a) or (b) of section 101, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution or a national security investigation or prosecution, in each instance about an individual suspect or group of suspects, when such information is requested in writing by such entity.", "id": "HBF54A268F72449FEBC2C49AFADF12E6", "header": "Required disclosures", "nested": [], "links": [] }, { "text": "(c) Criminal penalty \nAny person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.", "id": "HD1A1C70F97B944B785D431431E9E5D9C", "header": "Criminal penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Penalties for false statements in applications \n(a) Criminal penalty \n(1) Violation \nIt shall be unlawful for any person— (A) to file or assist in filing an application for adjustment of status under this title and knowingly and willfully falsify, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (B) to create or supply a false writing or document for use in making such an application. (2) Penalty \nAny person who violates paragraph (1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. (b) Inadmissibility \nAn alien who is convicted of a crime under subsection (a) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ). (c) Exception \nNotwithstanding subsections (a) and (b), any alien or other entity (including an employer or union) that submits an employment record that contains incorrect data that the alien used in order to obtain such employment, shall not, on that ground, be determined to have violated this section.", "id": "H747BAB52F9AE4B0F80F299774B544C5B", "header": "Penalties for false statements in applications", "nested": [ { "text": "(a) Criminal penalty \n(1) Violation \nIt shall be unlawful for any person— (A) to file or assist in filing an application for adjustment of status under this title and knowingly and willfully falsify, conceal, or cover up a material fact or make any false, fictitious, or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or (B) to create or supply a false writing or document for use in making such an application. (2) Penalty \nAny person who violates paragraph (1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.", "id": "H93940F88CBE74E26BFFF771029B6A37C", "header": "Criminal penalty", "nested": [], "links": [] }, { "text": "(b) Inadmissibility \nAn alien who is convicted of a crime under subsection (a) shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ).", "id": "H28355F5B700945C9A67D9CB66F4E7971", "header": "Inadmissibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(6)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(c) Exception \nNotwithstanding subsections (a) and (b), any alien or other entity (including an employer or union) that submits an employment record that contains incorrect data that the alien used in order to obtain such employment, shall not, on that ground, be determined to have violated this section.", "id": "H4C8EA5CE47A14A499FC2FB322B416200", "header": "Exception", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1182(a)(6)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "107. Ineligibility for public benefits \nAn alien whose status has been adjusted in accordance with section 101 shall be ineligible for any Federal means-tested public benefit as defined for purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ) unless the alien meets the alien eligibility criteria for such benefit provided under title IV of such Act ( 8 U.S.C. 1601 et seq. ).", "id": "HFE959816940F4FB797A74941274BCBDB", "header": "Ineligibility for public benefits", "nested": [], "links": [ { "text": "8 U.S.C. 1613", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "8 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1601" } ] }, { "text": "108. Relationships of application to certain orders \n(a) In general \nAn alien who is present in the United States and has been ordered excluded, deported, removed, or to depart voluntarily from the United States under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) may, notwithstanding such order, apply for adjustment of status under section 101. Such an alien shall not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal or voluntary departure order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel such order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, such order shall be effective and enforceable 90 days after the date of the denial. (b) Stay of removal \nThe filing of an application described in subsection (a) shall stay the removal of the alien pending final adjudication of the application. Nothing in this section affects review and stays of removal under section 110.", "id": "H1561CC2EC04C472D8CB1E6A2F7C7605E", "header": "Relationships of application to certain orders", "nested": [ { "text": "(a) In general \nAn alien who is present in the United States and has been ordered excluded, deported, removed, or to depart voluntarily from the United States under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) may, notwithstanding such order, apply for adjustment of status under section 101. Such an alien shall not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal or voluntary departure order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel such order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, such order shall be effective and enforceable 90 days after the date of the denial.", "id": "H230425A94B58417E8BD12731E8129989", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Stay of removal \nThe filing of an application described in subsection (a) shall stay the removal of the alien pending final adjudication of the application. Nothing in this section affects review and stays of removal under section 110.", "id": "HAD957B43E62A477DA663E159315164CD", "header": "Stay of removal", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "109. Application of other Immigration and Nationality Act provisions \nNothing in this title shall preclude an alien who may be eligible to be granted adjustment of status under section 101 from seeking such status under any other provision of law for which the alien may be eligible.", "id": "HAD10810E11C44C80A30024BE514C94FF", "header": "Application of other Immigration and Nationality Act provisions", "nested": [], "links": [] }, { "text": "110. Administrative and judicial review \n(a) In general \nExcept as provided in this section, there shall be no administrative or judicial review of a determination respecting an application for adjustment of status under section 101. (b) Administrative review \n(1) Single level of administrative appellate review \nThe Secretary of Homeland Security shall establish an appellate authority within the Bureau of Citizenship and Immigration Services to provide for a single level of administrative appellate review of a determination respecting an application for adjustment of status under section 101. (2) Standard for review \nAdministrative appellate review referred to in paragraph (1) shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal. (c) Judicial review \n(1) Direct review \nA person whose application for adjustment of status under section 101 is denied after administrative appellate review under subsection (b) may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides. (2) Review after removal proceedings \nThere shall be judicial review in the Federal courts of appeal of the denial of an application for adjustment of status under section 101 in conjunction with judicial review of an order of removal, deportation, or exclusion, but only if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1). Notwithstanding any other provision of law, the standard for review of such a denial shall be governed by paragraph (3). (3) Standard for judicial review \nJudicial review of a denial of an application under this title shall be based solely upon the administrative record established at the time of the review. The findings of fact and other determinations contained in the record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record, considered as a whole. (4) Jurisdiction of courts \nNotwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of this title that is arbitrary, capricious, or otherwise contrary to law, and may order any appropriate relief. The district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion, ripeness, or other standing requirements, if the court determines that resolution of such cause or claim will serve judicial and administrative efficiency or that a remedy would otherwise not be reasonably available or practicable. (d) Stay of removal \nAliens seeking administrative or judicial review under this section shall not be removed from the United States until a final decision is rendered establishing ineligibility under this title.", "id": "H7DE3D31228F44465B7EC9604CFC2CBE2", "header": "Administrative and judicial review", "nested": [ { "text": "(a) In general \nExcept as provided in this section, there shall be no administrative or judicial review of a determination respecting an application for adjustment of status under section 101.", "id": "HCB70F9735D334099B0B2ECE514DC78FE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administrative review \n(1) Single level of administrative appellate review \nThe Secretary of Homeland Security shall establish an appellate authority within the Bureau of Citizenship and Immigration Services to provide for a single level of administrative appellate review of a determination respecting an application for adjustment of status under section 101. (2) Standard for review \nAdministrative appellate review referred to in paragraph (1) shall be based solely upon the administrative record established at the time of the determination on the application and upon the presentation of additional or newly discovered evidence during the time of the pending appeal.", "id": "HC0D1F89D0A504EECB930B361338B913E", "header": "Administrative review", "nested": [], "links": [] }, { "text": "(c) Judicial review \n(1) Direct review \nA person whose application for adjustment of status under section 101 is denied after administrative appellate review under subsection (b) may seek review of such denial, in accordance with chapter 7 of title 5, United States Code, before the United States district court for the district in which the person resides. (2) Review after removal proceedings \nThere shall be judicial review in the Federal courts of appeal of the denial of an application for adjustment of status under section 101 in conjunction with judicial review of an order of removal, deportation, or exclusion, but only if the validity of the denial has not been upheld in a prior judicial proceeding under paragraph (1). Notwithstanding any other provision of law, the standard for review of such a denial shall be governed by paragraph (3). (3) Standard for judicial review \nJudicial review of a denial of an application under this title shall be based solely upon the administrative record established at the time of the review. The findings of fact and other determinations contained in the record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record, considered as a whole. (4) Jurisdiction of courts \nNotwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary of Homeland Security in the operation or implementation of this title that is arbitrary, capricious, or otherwise contrary to law, and may order any appropriate relief. The district courts may order any appropriate relief in accordance with the preceding sentence without regard to exhaustion, ripeness, or other standing requirements, if the court determines that resolution of such cause or claim will serve judicial and administrative efficiency or that a remedy would otherwise not be reasonably available or practicable.", "id": "H5A7B436324B041C3B46EB145ED63862E", "header": "Judicial review", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(d) Stay of removal \nAliens seeking administrative or judicial review under this section shall not be removed from the United States until a final decision is rendered establishing ineligibility under this title.", "id": "H4C443184D9704043BABDC065808D4040", "header": "Stay of removal", "nested": [], "links": [] } ], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "111. Dissemination of information on adjustment program \nThe Secretary of Homeland Security, in cooperation with recognized organizations described in section 112 shall broadly disseminate information respecting adjustment of status under this title and the requirements to be satisfied to obtain such status. The Secretary of Homeland Security shall also disseminate information to employers and labor organizations to advise them of the rights and protections available to them and to workers who file applications under this title. Such information shall be broadly disseminated, in the top 10 languages spoken by the aliens expected to qualify for adjustment of status under this title, including to television, radio, and print media such aliens would have access to.", "id": "H77A277AE886346539FAFE2CD1BD80056", "header": "Dissemination of information on adjustment program", "nested": [], "links": [] }, { "text": "112. Entities qualified to receive applications \n(a) In general \nFor purposes of assisting in the adjustment of status program provided under this title, the Secretary of Homeland Security shall authorize organizations recognized by the Board of Immigration Appeals to receive applications filed under section 101. (b) Treatment of applications by recognized organizations \nEach recognized organization shall agree to forward all applications filed with the entity to the Secretary of Homeland Security, but only if the applicant has consented to such forwarding in writing. (c) Limitation on access to information \nFiles and records of recognized organizations relating to an alien’s seeking assistance or information with respect to filing an application under this title are confidential and no government agency shall have access to such files or records without the consent of the alien or pursuant to a legally recognized subpoena.", "id": "H5997C6C87BBC41A7A78564A13F3CD107", "header": "Entities qualified to receive applications", "nested": [ { "text": "(a) In general \nFor purposes of assisting in the adjustment of status program provided under this title, the Secretary of Homeland Security shall authorize organizations recognized by the Board of Immigration Appeals to receive applications filed under section 101.", "id": "H4CA48D3D7AC6407AAC22967800A481D5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Treatment of applications by recognized organizations \nEach recognized organization shall agree to forward all applications filed with the entity to the Secretary of Homeland Security, but only if the applicant has consented to such forwarding in writing.", "id": "H84417F8B26694442BE8BC88C4860E1A4", "header": "Treatment of applications by recognized organizations", "nested": [], "links": [] }, { "text": "(c) Limitation on access to information \nFiles and records of recognized organizations relating to an alien’s seeking assistance or information with respect to filing an application under this title are confidential and no government agency shall have access to such files or records without the consent of the alien or pursuant to a legally recognized subpoena.", "id": "H3DD7A203AE1D4C9989BE463FF2DFE9", "header": "Limitation on access to information", "nested": [], "links": [] } ], "links": [] }, { "text": "113. Correction of social security records \nSection 208(d)(1) of the Social Security Act ( 42 U.S.C. 408(d)(1) ) is amended— (1) in subparagraph (B), by striking or at the end of clause (ii); (2) in subparagraph (C), by inserting or at the end; (3) by inserting after subparagraph (C) the following: (D) whose status is adjusted to that of lawful permanent resident under title I of the S.O.L.V.E. Act of 2004, ; and (4) by striking 1990. and inserting 1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred prior to the date on which the alien became lawfully admitted for temporary residence..", "id": "H74A22F4E5980455BAC42B164B14EA56C", "header": "Correction of social security records", "nested": [], "links": [ { "text": "42 U.S.C. 408(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/408" } ] }, { "text": "114. Employer protections \n(a) Immigration status of alien \nEmployers of aliens applying for adjustment of status under this title shall not be subject to civil and criminal tax liability relating directly to the employment of such alien. (b) Provision of employment records \nEmployers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for adjustment of status under this title or any other application or petition pursuant to other provisions of the immigration laws, shall not be subject to civil and criminal liability pursuant to section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) for employing such unauthorized aliens. (c) Applicability of other law \nNothing in this section shall be used to shield an employer from liability pursuant to section 274B of the Immigration and Nationality Act ( 8 U.S.C. 1324b ) or any other labor and employment law provisions.", "id": "HAD49376811C245FE00393EC4C800E188", "header": "Employer protections", "nested": [ { "text": "(a) Immigration status of alien \nEmployers of aliens applying for adjustment of status under this title shall not be subject to civil and criminal tax liability relating directly to the employment of such alien.", "id": "H2B47823BE7BD4570B850E1137C67633C", "header": "Immigration status of alien", "nested": [], "links": [] }, { "text": "(b) Provision of employment records \nEmployers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for adjustment of status under this title or any other application or petition pursuant to other provisions of the immigration laws, shall not be subject to civil and criminal liability pursuant to section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) for employing such unauthorized aliens.", "id": "H73CD699EB30847D8860060FA6D7BDD20", "header": "Provision of employment records", "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "(c) Applicability of other law \nNothing in this section shall be used to shield an employer from liability pursuant to section 274B of the Immigration and Nationality Act ( 8 U.S.C. 1324b ) or any other labor and employment law provisions.", "id": "HE76883B926E044839939C46B0035D16", "header": "Applicability of other law", "nested": [], "links": [ { "text": "8 U.S.C. 1324b", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] } ], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "8 U.S.C. 1324b", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] }, { "text": "115. Authorization of funds; fees \n(a) Authorization of funds \n(1) In general \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to— (A) commence the processing of applications filed under this title and title II of this Act; (B) reimburse or make grants to qualified designated entities described in section 113 to carry out the functions described in sections 112 and 113; and (C) otherwise carry out this title. (2) Period of authorization \nFunds appropriated pursuant to this subsection shall be available until expended. (3) Sense of congress \nIt is the sense of Congress that funds authorized under paragraph (1)(A) should be directly appropriated so as to facilitate the orderly and timely commencement of the processing of applications filed under this title. (b) Application fee \nAn alien who files an application under this title shall pay an application fee, set by the Secretary of Homeland Security, at a level equal to the full cost of adjudicating such applications. (c) Additional amounts owed \nPrior to the adjudication of an application for adjustment of status filed under this title, the alien shall pay an amount equaling $500, but such amount shall not be required from an alien under the age of 21. (d) Use of amounts collected \nThe Secretary of Homeland Security shall deposit payments received under this section in the Immigration Examinations Fee Account, and these payments in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this title and in title II of this Act. Any remaining funds not used in accordance with this subsection shall be used to process other applications for adjustment of status or naturalization.", "id": "H50F6CF6161CD4E15BCC412C69B3CB0DC", "header": "Authorization of funds; fees", "nested": [ { "text": "(a) Authorization of funds \n(1) In general \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to— (A) commence the processing of applications filed under this title and title II of this Act; (B) reimburse or make grants to qualified designated entities described in section 113 to carry out the functions described in sections 112 and 113; and (C) otherwise carry out this title. (2) Period of authorization \nFunds appropriated pursuant to this subsection shall be available until expended. (3) Sense of congress \nIt is the sense of Congress that funds authorized under paragraph (1)(A) should be directly appropriated so as to facilitate the orderly and timely commencement of the processing of applications filed under this title.", "id": "H017A8B615698413EBCA61B781F7E506D", "header": "Authorization of funds", "nested": [], "links": [] }, { "text": "(b) Application fee \nAn alien who files an application under this title shall pay an application fee, set by the Secretary of Homeland Security, at a level equal to the full cost of adjudicating such applications.", "id": "H50B7360413464E89873D2C6F64AEA050", "header": "Application fee", "nested": [], "links": [] }, { "text": "(c) Additional amounts owed \nPrior to the adjudication of an application for adjustment of status filed under this title, the alien shall pay an amount equaling $500, but such amount shall not be required from an alien under the age of 21.", "id": "HB87EB6BF7AD14AFA9E39AFDBEA803825", "header": "Additional amounts owed", "nested": [], "links": [] }, { "text": "(d) Use of amounts collected \nThe Secretary of Homeland Security shall deposit payments received under this section in the Immigration Examinations Fee Account, and these payments in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this title and in title II of this Act. Any remaining funds not used in accordance with this subsection shall be used to process other applications for adjustment of status or naturalization.", "id": "H579A16A0FDCC4670AD63B63BEAEFD947", "header": "Use of amounts collected", "nested": [], "links": [] } ], "links": [] }, { "text": "116. Aliens who do not satisfy the requirements for earned adjustment of status \n(a) Eligibility for transitional status \nAny alien who is physically present in the United States, whether lawfully or unlawfully, on the date of introduction of this Act, who on such date was not legally present pursuant to any classification set forth in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) (with the exception of subparagraph (V) of such section), and who cannot satisfy the requirements of subparagraph (2) or (4) of section 101(a) of this Act shall be eligible— (1) to apply for a transitional status without having to depart the United States, which shall have a duration period of not more than 5 years from the date of issuance of the transitional status; and (2) be granted employment authorization and permission to travel abroad for a period of time coextensive with the validity period of the transitional status. (b) Security and law enforcement clearance \nBefore an alien described in subsection (a) is granted employment authorization or permission to travel abroad, such alien shall be required to undergo a name check against existing databases for information relating to criminal, security, and other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed as expeditiously as possible. (c) Biometric documents \nThe Secretary of Homeland Security shall issue to each alien described in subsection (a) a machine-readable, tamper-resistant document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security Visa Reform Act, Public Law 107–173 , and represents the benefits and status set forth therein. (d) Eligibility for adjustment of status \nAn alien who is granted employment authorization under subsection (a) and is lawfully employed in the United States in the aggregate, for at least 2 years of the 5 years immediately following the date on which this Act was introduced, shall be eligible for adjustment of status to that of a lawful permanent resident. For purposes of this section, either 1,800 hours or 260 days shall constitute 2 years of employment. An alien shall not be required to complete such employment with the same employer. Section 101(a)(4)(C) shall apply to such an alien for purposes of satisfying the lawful employment requirement under this subsection. (e) Adjustment of status \nAn alien who meets the requirements of subsection (d) and applies for adjustment of status to that of a lawful permanent resident shall be required to comply with the requirements of paragraphs (3), (5), (6), (7), and (8) of section 101(a). In adjudicating such an application, the Secretary of Homeland Security shall determine the admissibility of the alien in accordance with section 102. (f) Spouses and children \n(1) Adjustment of status \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under section 102, adjust the status to that of a lawful permanent resident or provide an immigrant visa to— (A) the spouse or child of an alien who adjusts status or is eligible to adjust status to that of a lawful permanent resident under subsection (a); or (B) an alien who was the spouse or child of an alien who adjusts status to that of a lawful permanent resident under this section, if— (i) the termination of the qualifying relationship was connected to domestic violence; and (ii) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status to that of a lawful permanent resident under this section. (2) Application of other law \nIn acting on applications filed under this section with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1367). (g) Nonapplicability of numerical limitations \nWhen an alien is granted adjustment of status under this section, the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) shall not be reduced.", "id": "HD2020A25B6394F25B1E3E391420038D3", "header": "Aliens who do not satisfy the requirements for earned adjustment of status", "nested": [ { "text": "(a) Eligibility for transitional status \nAny alien who is physically present in the United States, whether lawfully or unlawfully, on the date of introduction of this Act, who on such date was not legally present pursuant to any classification set forth in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) (with the exception of subparagraph (V) of such section), and who cannot satisfy the requirements of subparagraph (2) or (4) of section 101(a) of this Act shall be eligible— (1) to apply for a transitional status without having to depart the United States, which shall have a duration period of not more than 5 years from the date of issuance of the transitional status; and (2) be granted employment authorization and permission to travel abroad for a period of time coextensive with the validity period of the transitional status.", "id": "H5034F7797DDD4C4C8052DA8CD400A157", "header": "Eligibility for transitional status", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Security and law enforcement clearance \nBefore an alien described in subsection (a) is granted employment authorization or permission to travel abroad, such alien shall be required to undergo a name check against existing databases for information relating to criminal, security, and other law enforcement actions. The relevant Federal agencies shall work to ensure that such name checks are completed as expeditiously as possible.", "id": "H4C88C15B2E644DC4BBB1DFFC878A25B", "header": "Security and law enforcement clearance", "nested": [], "links": [] }, { "text": "(c) Biometric documents \nThe Secretary of Homeland Security shall issue to each alien described in subsection (a) a machine-readable, tamper-resistant document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security Visa Reform Act, Public Law 107–173 , and represents the benefits and status set forth therein.", "id": "HB5B8B2CDACBC46F6BD279B9EFC91E6B3", "header": "Biometric documents", "nested": [], "links": [ { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] }, { "text": "(d) Eligibility for adjustment of status \nAn alien who is granted employment authorization under subsection (a) and is lawfully employed in the United States in the aggregate, for at least 2 years of the 5 years immediately following the date on which this Act was introduced, shall be eligible for adjustment of status to that of a lawful permanent resident. For purposes of this section, either 1,800 hours or 260 days shall constitute 2 years of employment. An alien shall not be required to complete such employment with the same employer. Section 101(a)(4)(C) shall apply to such an alien for purposes of satisfying the lawful employment requirement under this subsection.", "id": "H1F6B913F29154866A69CB9B497D00627", "header": "Eligibility for adjustment of status", "nested": [], "links": [] }, { "text": "(e) Adjustment of status \nAn alien who meets the requirements of subsection (d) and applies for adjustment of status to that of a lawful permanent resident shall be required to comply with the requirements of paragraphs (3), (5), (6), (7), and (8) of section 101(a). In adjudicating such an application, the Secretary of Homeland Security shall determine the admissibility of the alien in accordance with section 102.", "id": "H7C7DA693AC2F4B36A469A1F47CEEE21C", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(f) Spouses and children \n(1) Adjustment of status \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall, if otherwise eligible under section 102, adjust the status to that of a lawful permanent resident or provide an immigrant visa to— (A) the spouse or child of an alien who adjusts status or is eligible to adjust status to that of a lawful permanent resident under subsection (a); or (B) an alien who was the spouse or child of an alien who adjusts status to that of a lawful permanent resident under this section, if— (i) the termination of the qualifying relationship was connected to domestic violence; and (ii) the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who adjusts status to that of a lawful permanent resident under this section. (2) Application of other law \nIn acting on applications filed under this section with respect to aliens who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply the provisions of section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ) and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1367).", "id": "H64840B2F3D95466DB5C015CD00A9485D", "header": "Spouses and children", "nested": [], "links": [ { "text": "8 U.S.C. 1154(a)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] }, { "text": "(g) Nonapplicability of numerical limitations \nWhen an alien is granted adjustment of status under this section, the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) shall not be reduced.", "id": "H068B44C178634389AF5E7EFC868983D1", "header": "Nonapplicability of numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" }, { "text": "8 U.S.C. 1154(a)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "117. Eligibility for Legal Services \nSection 504(a)(11) of Public Law 104–134 (110 Stat. 1321-53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) from providing legal assistance directly related to an application for adjustment of status under this title.", "id": "H7DB6D32532F74DF6A55CAB2DC232F9DC", "header": "Eligibility for Legal Services", "nested": [], "links": [ { "text": "Public Law 104–134", "legal-doc": "public-law", "parsable-cite": "pl/104/134" }, { "text": "42 U.S.C. 2996 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2996" } ] }, { "text": "118. Adjustment of Status For Certain Entrants \n(a) Application to Certain Class Members \nEffective November 6, 1986, subsection (f)(4)(C) of section 245A of the Immigration and Nationality Act ( 8 U.S.C. 1255a ) shall not apply to a class member in Northwest Immigrant Right Project et al v. USCIS et al, No. 88-379 (W.D. Washington) (formerly Immigrant Assistance Project v. INS). (b) Waiver for Legalization Applicants Denied Because of Section 245A( g )(2)(B) \n(1) In general \nSection 245A(g)(2)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(g)(2)(B)(i) ) is amended by striking and at the end and inserting the following: except that if a waiver of inadmissibility is granted pursuant to subsection (d)(2)(B), then the alien shall be deemed to have maintained continuous residence in the United States, and. (2) Effective date \nThe amendment made by paragraph (1) shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986.", "id": "HD623E4C8CC354E2B903382008888ADFC", "header": "Adjustment of Status For Certain Entrants", "nested": [ { "text": "(a) Application to Certain Class Members \nEffective November 6, 1986, subsection (f)(4)(C) of section 245A of the Immigration and Nationality Act ( 8 U.S.C. 1255a ) shall not apply to a class member in Northwest Immigrant Right Project et al v. USCIS et al, No. 88-379 (W.D. Washington) (formerly Immigrant Assistance Project v. INS).", "id": "HD24423A41331423A924400772453E330", "header": "Application to Certain Class Members", "nested": [], "links": [ { "text": "8 U.S.C. 1255a", "legal-doc": "usc", "parsable-cite": "usc/8/1255a" } ] }, { "text": "(b) Waiver for Legalization Applicants Denied Because of Section 245A( g )(2)(B) \n(1) In general \nSection 245A(g)(2)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(g)(2)(B)(i) ) is amended by striking and at the end and inserting the following: except that if a waiver of inadmissibility is granted pursuant to subsection (d)(2)(B), then the alien shall be deemed to have maintained continuous residence in the United States, and. (2) Effective date \nThe amendment made by paragraph (1) shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986.", "id": "H4DB103163F4D45489D1BD73B001DFC93", "header": "Waiver for Legalization Applicants Denied Because of Section 245A(g)(2)(B)", "nested": [], "links": [ { "text": "8 U.S.C. 1255a(g)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1255a" } ] } ], "links": [ { "text": "8 U.S.C. 1255a", "legal-doc": "usc", "parsable-cite": "usc/8/1255a" }, { "text": "8 U.S.C. 1255a(g)(2)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1255a" } ] }, { "text": "119. Issuance of regulations \nNot later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations to implement this title.", "id": "HFFDE438AED6742489E42176682B625A6", "header": "Issuance of regulations", "nested": [], "links": [] }, { "text": "201. Treatment of immediate relatives with respect to the family immigration cap \n(a) Exemption of immediate relatives from family-sponsored immigrant cap \nSection 201(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1)(A) ) is amended by striking clauses (i), (ii), and (iii) and inserting the following: (i) 480,000, minus; (ii) the number computed under paragraph (3); plus (iii) the number (if any) computed under paragraph (2).. (b) Technical and conforming amendments \nSection 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.", "id": "HD674227ABAC642198162A6A962D39363", "header": "Treatment of immediate relatives with respect to the family immigration cap", "nested": [ { "text": "(a) Exemption of immediate relatives from family-sponsored immigrant cap \nSection 201(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1)(A) ) is amended by striking clauses (i), (ii), and (iii) and inserting the following: (i) 480,000, minus; (ii) the number computed under paragraph (3); plus (iii) the number (if any) computed under paragraph (2)..", "id": "H00403182A55D4BB9924BB4D1855D0038", "header": "Exemption of immediate relatives from family-sponsored immigrant cap", "nested": [], "links": [ { "text": "8 U.S.C. 1151(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Technical and conforming amendments \nSection 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.", "id": "HDA26DC65734B40FBA0BBF2D9DF58C9C4", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1151(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] } ], "links": [ { "text": "8 U.S.C. 1151(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1151(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "202. Reclassification of spouses and minor children of legal permanent residents as immediate relatives \n(a) Immediate relatives \nSection 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended— (1) in the first sentence, by inserting or the spouses and children of aliens lawfully admitted for permanent residence, after United States, ; (2) in the second sentence— (A) by inserting or lawful permanent resident after citizen each place that term appears; and (B) by inserting or lawful permanent resident’s after citizen’s each place that term appears; (3) in the third sentence, by inserting or the lawful permanent resident loses lawful permanent resident status after United States citizenship ; and (4) by adding at the end the following: A spouse or child, as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join the spouse or parent. The same treatment shall apply to parents of citizens of the United States being entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join their daughter or son.. (b) Allocation of immigrant visas \nSection 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 127,200 ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of permanent resident aliens \nQualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 80,640 ; and (4) in paragraph (4), by striking 65,000 and inserting 191,520. (c) Technical and conforming amendments \n(1) Rules for determining whether certain aliens are immediate relatives \nSection 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (2) Numerical limitation to any single foreign State \nSection 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (A) in subsection (a)(4)— (i) by striking subparagraphs (A) and (B); (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B) respectively; and (iii) in subparagraph (A), as so redesignated, by striking section 203(a)(2)(B) and inserting section 203(a)(2) ; and (B) in subsection (e), in the flush matter following paragraph (3), by striking , or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A). (3) Allocation of immigration visas \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), and inserting became available for the alien’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) in paragraph (2), by striking The petition and all that follows through the period and inserting The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d). (4) Procedure for granting immigrant status \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (iii)— (aa) by inserting or legal permanent resident after citizen each place that term appears; and (bb) in subclause (II)(aa)(CC)(bbb), by inserting or legal permanent resident after citizenship ; (II) in clause (iv)— (aa) by inserting or legal permanent resident after citizen each place that term appears; and (bb) by inserting or legal permanent resident after citizenship ; (III) in clause (v)(I), by inserting or legal permanent resident ; and (IV) in clause (vi)— (aa) by inserting or legal permanent resident status after renunciation of citizenship ; and (bb) by inserting or legal permanent resident after abuser’s citizenship ; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) through (J) as subparagraphs (B) through (I), respectively; (iv) in subparagraph (B), as so redesignated, by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (v) in subparagraph (I), as so redesignated— (I) by striking or clause (ii) or (iii) of subparagraph (B) ; and (II) by striking under subparagraphs (C) and (D) and inserting under subparagraphs (B) and (C) ; (B) by striking subsection (a)(2); (C) in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) ; and (D) in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(C).", "id": "HCA990C70D5424C778C27DDD2106EFA00", "header": "Reclassification of spouses and minor children of legal permanent residents as immediate relatives", "nested": [ { "text": "(a) Immediate relatives \nSection 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended— (1) in the first sentence, by inserting or the spouses and children of aliens lawfully admitted for permanent residence, after United States, ; (2) in the second sentence— (A) by inserting or lawful permanent resident after citizen each place that term appears; and (B) by inserting or lawful permanent resident’s after citizen’s each place that term appears; (3) in the third sentence, by inserting or the lawful permanent resident loses lawful permanent resident status after United States citizenship ; and (4) by adding at the end the following: A spouse or child, as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join the spouse or parent. The same treatment shall apply to parents of citizens of the United States being entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join their daughter or son..", "id": "HCC4B8C9BD1AC40AD00D5D258D0511E2E", "header": "Immediate relatives", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Allocation of immigrant visas \nSection 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 127,200 ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of permanent resident aliens \nQualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 80,640 ; and (4) in paragraph (4), by striking 65,000 and inserting 191,520.", "id": "H48FA7802A79345E68B16F5B57685BE21", "header": "Allocation of immigrant visas", "nested": [], "links": [ { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "(c) Technical and conforming amendments \n(1) Rules for determining whether certain aliens are immediate relatives \nSection 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (2) Numerical limitation to any single foreign State \nSection 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (A) in subsection (a)(4)— (i) by striking subparagraphs (A) and (B); (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B) respectively; and (iii) in subparagraph (A), as so redesignated, by striking section 203(a)(2)(B) and inserting section 203(a)(2) ; and (B) in subsection (e), in the flush matter following paragraph (3), by striking , or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A). (3) Allocation of immigration visas \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), and inserting became available for the alien’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) in paragraph (2), by striking The petition and all that follows through the period and inserting The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d). (4) Procedure for granting immigrant status \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (iii)— (aa) by inserting or legal permanent resident after citizen each place that term appears; and (bb) in subclause (II)(aa)(CC)(bbb), by inserting or legal permanent resident after citizenship ; (II) in clause (iv)— (aa) by inserting or legal permanent resident after citizen each place that term appears; and (bb) by inserting or legal permanent resident after citizenship ; (III) in clause (v)(I), by inserting or legal permanent resident ; and (IV) in clause (vi)— (aa) by inserting or legal permanent resident status after renunciation of citizenship ; and (bb) by inserting or legal permanent resident after abuser’s citizenship ; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) through (J) as subparagraphs (B) through (I), respectively; (iv) in subparagraph (B), as so redesignated, by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (v) in subparagraph (I), as so redesignated— (I) by striking or clause (ii) or (iii) of subparagraph (B) ; and (II) by striking under subparagraphs (C) and (D) and inserting under subparagraphs (B) and (C) ; (B) by striking subsection (a)(2); (C) in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) ; and (D) in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(C).", "id": "HB8605D55679348C98BDB46A6A3BF830", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1151(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/8/1152" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] } ], "links": [ { "text": "8 U.S.C. 1151(b)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1151(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/8/1152" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] }, { "text": "203. Derivative eligibility for relatives of immediate relatives \nSection 201(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A) ) is amended by adding at the end the following: (iii) An alien who is the child of an immediate relative described in clause (i), if accompanying or following to join the child’s parent..", "id": "H7AEF8471879F4D9EA46EE5511B4E0595", "header": "Derivative eligibility for relatives of immediate relatives", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "204. Waiver of numerical limitations on visas for long-waiting family-sponsored immigrants \nNotwithstanding numerical limitations under section 202(a)(2), section 201(b)(1) of the Immigration and Nationality Act is amended by adding at the end the following: (F) Qualified family-sponsored immigrants described in section 203(a) who are awaiting the issuance of an immigrant visa number under such section, beginning in the fiscal year that commences after the 5th anniversary of the date on which the petition for the immigrant was filed as provided in section 204, and notwithstanding the numerical limitation in section 202(a)(2)..", "id": "H37A5DBB46E8849A4BB133B7138A9F1FD", "header": "Waiver of numerical limitations on visas for long-waiting family-sponsored immigrants", "nested": [], "links": [] }, { "text": "205. Recapture of unused visa numbers \n(a) Family-sponsored Immigrants \nSection 201(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(2) ) (as redesignated by section 201 of this Act) is amended by adding at the end the following: (D) The number computed under this paragraph for a fiscal year shall be increased by the number of immigrant visas made available under section 203(a) in the previous fiscal year that were not issued to qualified immigrants for any reason. Visas made available under this subparagraph shall not be subject to the limitations in section 202(a).. (b) Employment-based Immigrants \nSection 201(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(2) )is amended by adding at the end the following: (D) The number computed under this paragraph for a fiscal year shall be increased by the number of immigrant visas made available under section 203(b) in the previous fiscal year that were not issued to qualified immigrants for any reason. Visas made available under this subparagraph shall not be subject to the limitations in section 202(a).. (c) Eligibility for Diversity Visas \nSection 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ) is amended by striking the period at the end and inserting the following: , except that any such visa that may not be issued due to the pendency of a security, or security-related, check at the end of such fiscal year shall remain available for issuance to the alien in subsequent fiscal years until a reasonable period, determined by the Secretary of Homeland Security, after the completion of such check.. (d) Ensuring Security Clearances Do Not Cause Visa Loss \nSection 203(e) of the Immigration and Nationality Act ( 8 U.S.C. 1153(e) is amended by adding at the end the following: (4) Notwithstanding any other provision of this Act, a delay in the completion of a security, or security-related, check shall not result in the forfeiture of an immigrant visa that otherwise would be made available, or issued, to an eligible immigrant under this section..", "id": "H5828E439B37D4F0DB8C217FEAE82CA00", "header": "Recapture of unused visa numbers", "nested": [ { "text": "(a) Family-sponsored Immigrants \nSection 201(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(2) ) (as redesignated by section 201 of this Act) is amended by adding at the end the following: (D) The number computed under this paragraph for a fiscal year shall be increased by the number of immigrant visas made available under section 203(a) in the previous fiscal year that were not issued to qualified immigrants for any reason. Visas made available under this subparagraph shall not be subject to the limitations in section 202(a)..", "id": "HA485C4D00BE2498F86DB2097ABCFABD9", "header": "Family-sponsored Immigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1151(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Employment-based Immigrants \nSection 201(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(2) )is amended by adding at the end the following: (D) The number computed under this paragraph for a fiscal year shall be increased by the number of immigrant visas made available under section 203(b) in the previous fiscal year that were not issued to qualified immigrants for any reason. Visas made available under this subparagraph shall not be subject to the limitations in section 202(a)..", "id": "H8C8505A0AD2F4F65B939ECEFED2C9E15", "header": "Employment-based Immigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1151(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(c) Eligibility for Diversity Visas \nSection 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I)(ii)(II) ) is amended by striking the period at the end and inserting the following: , except that any such visa that may not be issued due to the pendency of a security, or security-related, check at the end of such fiscal year shall remain available for issuance to the alien in subsequent fiscal years until a reasonable period, determined by the Secretary of Homeland Security, after the completion of such check..", "id": "H970076FBFFD042B2BBEA60CADF4DCC63", "header": "Eligibility for Diversity Visas", "nested": [], "links": [ { "text": "8 U.S.C. 1154(a)(1)(I)(ii)(II)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" } ] }, { "text": "(d) Ensuring Security Clearances Do Not Cause Visa Loss \nSection 203(e) of the Immigration and Nationality Act ( 8 U.S.C. 1153(e) is amended by adding at the end the following: (4) Notwithstanding any other provision of this Act, a delay in the completion of a security, or security-related, check shall not result in the forfeiture of an immigrant visa that otherwise would be made available, or issued, to an eligible immigrant under this section..", "id": "H592F7B21D6BA44689C0000A5932622FF", "header": "Ensuring Security Clearances Do Not Cause Visa Loss", "nested": [], "links": [ { "text": "8 U.S.C. 1153(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] } ], "links": [ { "text": "8 U.S.C. 1151(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1151(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1154(a)(1)(I)(ii)(II)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1153(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "206. Reform of affidavit of support requirements \nSection 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183a ) is amended, in each of subsections (a)(1)(A) and (f)(1)(E), by striking 125 and inserting 100.", "id": "H154107BE6C734C9AA487C3AF400604C0", "header": "Reform of affidavit of support requirements", "nested": [], "links": [ { "text": "8 U.S.C. 1183a", "legal-doc": "usc", "parsable-cite": "usc/8/1183a" } ] }, { "text": "207. Increase age for derivative citizenship \n(a) In General \nTitle III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended, in each of sections 320 and 322, by striking eighteen and inserting 21. (b) Effective Date \nThe amendments made by subsection (a) shall take effect as if enacted on February 27, 2001.", "id": "H9F187126B8B3466D9DC3932CB5FDA26B", "header": "Increase age for derivative citizenship", "nested": [ { "text": "(a) In General \nTitle III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended, in each of sections 320 and 322, by striking eighteen and inserting 21.", "id": "HD697E51DFD6D4F619D00EDC4ECC3FBD7", "header": "In General", "nested": [], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "(b) Effective Date \nThe amendments made by subsection (a) shall take effect as if enacted on February 27, 2001.", "id": "H548E86B947EB43CDBEC45E85585D300", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "208. Repeal barriers to reentry \n(a) In General \nSubparagraphs (B) and (C) of section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) are repealed. (b) Effective date \nSubsection (a) shall take effect as if enacted as part of section 301(b) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009–575 et seq.).", "id": "HF6E831FE118341B1BF8B8730F49DE4D5", "header": "Repeal barriers to reentry", "nested": [ { "text": "(a) In General \nSubparagraphs (B) and (C) of section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) are repealed.", "id": "HCDD00F9DB76C404E8F4D8CF5DE1E43D6", "header": "In General", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Effective date \nSubsection (a) shall take effect as if enacted as part of section 301(b) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009–575 et seq.).", "id": "HD67F6ECE56C34FD09527E3A500AAB511", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "209. Biometric documents \nEach alien who is issued a visa or otherwise provided immigrant status under this title shall be issued a machine-readable, tamper-resistant visa or document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security and Visa Reform Act, Public Law 107–173.", "id": "H9CF171D46DDE4904A6ECCF3E3DA033", "header": "Biometric documents", "nested": [], "links": [ { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] }, { "text": "210. Authorization of Appropriations \nThere are authorized to be appropriated such sums for English and civics classes as may be necessary to carry out this title.", "id": "H334ECCDE8E9446D48F1B2C91ECA6F0F", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "301. Temporary workers \n(a) H–2 b workers \nSection 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) is amended— (1) by inserting subject to section 212(u), before having a residence in a foreign country ; and (2) by striking temporary service or labor and inserting short-term service or labor, lasting not more than 9 months. (b) H–1 d workers \nSection 101(a)(15)(H)(i)(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(c) ) is amended by striking the semicolon and inserting the following: , or (d) subject to section 212(u), who is coming temporarily to the United States to perform labor or services, other than those occupation classifications covered under the provisions of clauses (i)(b) or (ii)(a) or subparagraphs (L), (O), or (P), for a United States employer, if United States workers capable of performing such labor or service cannot be identified or are unavailable..", "id": "H7DD6EB6064C8472A9B9C001F85E75933", "header": "Temporary workers", "nested": [ { "text": "(a) H–2 b workers \nSection 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) is amended— (1) by inserting subject to section 212(u), before having a residence in a foreign country ; and (2) by striking temporary service or labor and inserting short-term service or labor, lasting not more than 9 months.", "id": "H434E70532F0B43D5AF6F06DBC2B8E393", "header": "H–2b workers", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(H)(ii)(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) H–1 d workers \nSection 101(a)(15)(H)(i)(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(c) ) is amended by striking the semicolon and inserting the following: , or (d) subject to section 212(u), who is coming temporarily to the United States to perform labor or services, other than those occupation classifications covered under the provisions of clauses (i)(b) or (ii)(a) or subparagraphs (L), (O), or (P), for a United States employer, if United States workers capable of performing such labor or service cannot be identified or are unavailable..", "id": "H4A58704A4331402DA5F273F1D181CC0", "header": "H–1d workers", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(H)(i)(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(H)(ii)(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)(i)(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "302. Recruitment of United States workers \nSection 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by adding at the end the following: (u) (1) An employer that seeks to employ an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall take the following steps to recruit United States workers for the position for which the nonimmigrant worker is sought 14 days prior to filing an application under paragraph (3) (with respect to an alien described in such clause (ii)(b)) or 30 days prior to filing an application under such paragraph (with respect to an alien described in such clause (i)(d)): (A) Submit a copy of the job offer, including a description of the wages and other terms and conditions of employment, to the State Employment Service Agency (SESA) which— (i) serves the area of employment in the State in which the employer is located; and (ii) shall provide the employers with an acknowledgement of receipt of the documentation provided to the SESA in accordance with this subparagraph. (B) Authorize the SESA to post the job opportunity on the Internet through the web site for America’s Job Bank , with local job banks, and with unemployment agencies and other labor referral and recruitment sources pertinent to the job in question. (C) Authorize the SESA to notify the central office of the State Federation of Labor in the State in which the job is located, and if applicable, the office of the local union which represents the employees in the same or substantially equivalent job classification of the job opportunity. (D) Post the availability of the job opportunity for which the employer is seeking a worker in conspicuous locations at the place of employment for all employees to see. (E) Advertise the availability of the job opportunity for which the employer is seeking a worker in a publication with the highest circulation in the labor market that is likely to be patronized by a potential worker for at least 3 consecutive days (with respect to an alien described in such clause (ii)(b)) or for at least 10 consecutive days (with respect to an alien described in such clause (i)(d)). (F) Based on recommendations by the local job service, advertise the availability of the job opportunity in professional, trade, or local minority and ethnic publications that are likely to be patronized by a potential worker. (2) An employer that seeks to employ an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall— (A) first offer the job to any eligible United States worker who applies, is qualified for the job, and is available at the time of need; (B) be required to maintain for at least 1 year after the employment relation is terminated, documentation of recruitment efforts and responses conducted and received prior to the filing of the employer’s application with the Department of Labor, including resumes, applications, and if applicable, tests of United States workers who applied and were not hired for the job the employer seeks to fill with a nonimmigrant worker; and (C) attest that there are not sufficient United States workers who are able, willing, qualified, and available at the time of the filing of the application..", "id": "H2D9F6D7FBF974BAFBDF8D8B53C204E57", "header": "Recruitment of United States workers", "nested": [], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "303. Admission of temporary workers \n(a) Application to the Secretary of Labor \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as added by section 302, is amended by adding after paragraph (2) the following: (3) An employer that seeks to fill a position with an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), shall file with the Secretary of Labor an application attesting that— (A) the employer is offering and will offer during the period of authorized employment to aliens admitted or provided status as a nonimmigrant described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), the prevailing wage that shall be determined as follows: (i) if the job opportunity is covered by a collective bargaining agreement between a union and the employer, the wage rate set forth in the collective bargaining agreement; (ii) if the job opportunity is not covered by a collective bargaining agreement between a union and the employer and it is in an occupation that is covered by a wage determination under the Davis-Bacon Act ( 40 U.S.C. 276a et seq. ) or the Service Contract Act of 1965 ( 41 U.S.C. 351 et seq. ), the appropriate statutory wage determination; or (iii) if clauses (i) and (ii) do not apply, the highest 66 percent of the wage data provided by the Department of Labor’s Bureau of Labor Statistics, Occupational Employment Survey; based on the best information available at the time of the filing of the application; (B) the employer will offer the same wages, benefits, and working conditions for such nonimmigrants as those provided to United States workers similarly employed in the same occupation and the same place of employment (defined as the actual place where the work is performed); (C) there is not a strike, lockout, or labor dispute in the occupational classification at the place of employment (including any concerted activity to which section 7 of the Labor Management Relations Act ( 29 U.S.C. 157 ) applies); (D) the employer will abide by all applicable laws and regulations relating to the right of workers to join or organize a union; (E) the employer has provided notice of the filing of the application to the bargaining representative, if any, of the employer’s employees in the occupational classification at the place of employment or, if there is no such bargaining representative, has posted notice of the filing in conspicuous locations at the place of employment for all employees to see for not less than 14 business days for an alien described in clause (ii)(b) of section 101(a)(15)(H) and for not less than 30 business days for an alien described in clause (i)(d) of such section; (F) the requirements for the job opportunity represent the employer’s actual minimum requirements for that job and the employer will not hire nonimmigrant workers with less training or experience; (G) the employer, within the 60 days prior to the filing of the application and the 60 days following the filing, has not laid-off, and will not lay-off, any United States worker employed by the employer in the same position at the place of employment; (H) the employer, prior to the filing of the application, has complied with the recruitment requirements in accordance with paragraph (1); and (I) no job offer may impose on United States workers any restrictions or obligations that will not be imposed by an employer on a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H).. (b) Accompanied by job offer \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by subsection (a), is further amended by adding after paragraph (3) the following: (4) Each application filed under paragraph (3) shall be accompanied by— (A) a copy of the job offer describing the wages and other terms and conditions of employment; (B) a statement of the minimum education, training, experience, and requirements for the job opportunity in question; (C) copies of the documentation submitted to the State Employment Service Agency to recruit United States workers in accordance with paragraph (1); (D) copies of the advertisements to recruit United States workers placed in publications in accordance with paragraph (1); and (E) a copy of the acknowledgement of receipt provided to the employer by the State Employment Service Agency in accordance with paragraph (1)(A)(ii).. (c) Incomplete applications; retention of application; filing of petition \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by subsection (b), is further amended by adding after paragraph (4) the following: (5) The Secretary of Labor shall review the application and requisite documents filed in accordance with paragraphs (3) and (4) for completeness and accuracy and if deficiencies are found, the Secretary of Labor shall notify the employer and provide the employer with an opportunity to address such deficiencies. (6) A copy of the application and requisite documents filed with the Secretary of Labor in accordance with paragraphs (3) and (4) shall be retained by the employer in a public access file at the employer’s headquarters or principal place of employment of the alien for the duration of the employment relationship and for 1 year after the termination of that employment relationship. (7) Upon approval of an application by the Secretary of Labor, an employer who seeks to employ an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall file a petition as required under section 214(c)(1) with the Bureau of Citizenship and Immigration Services within the Department of Homeland Security.. (d) Biometric documents \nEach alien who is issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(d) or (ii)(b) of the Immigration and Nationality Act shall be issued a machine-readable, tamper-resistant visa or document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security and Visa Reform Act, Public Law 107–173.", "id": "HC2B6F98E5BBA4674A57EF002DBFE273", "header": "Admission of temporary workers", "nested": [ { "text": "(a) Application to the Secretary of Labor \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as added by section 302, is amended by adding after paragraph (2) the following: (3) An employer that seeks to fill a position with an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), shall file with the Secretary of Labor an application attesting that— (A) the employer is offering and will offer during the period of authorized employment to aliens admitted or provided status as a nonimmigrant described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), the prevailing wage that shall be determined as follows: (i) if the job opportunity is covered by a collective bargaining agreement between a union and the employer, the wage rate set forth in the collective bargaining agreement; (ii) if the job opportunity is not covered by a collective bargaining agreement between a union and the employer and it is in an occupation that is covered by a wage determination under the Davis-Bacon Act ( 40 U.S.C. 276a et seq. ) or the Service Contract Act of 1965 ( 41 U.S.C. 351 et seq. ), the appropriate statutory wage determination; or (iii) if clauses (i) and (ii) do not apply, the highest 66 percent of the wage data provided by the Department of Labor’s Bureau of Labor Statistics, Occupational Employment Survey; based on the best information available at the time of the filing of the application; (B) the employer will offer the same wages, benefits, and working conditions for such nonimmigrants as those provided to United States workers similarly employed in the same occupation and the same place of employment (defined as the actual place where the work is performed); (C) there is not a strike, lockout, or labor dispute in the occupational classification at the place of employment (including any concerted activity to which section 7 of the Labor Management Relations Act ( 29 U.S.C. 157 ) applies); (D) the employer will abide by all applicable laws and regulations relating to the right of workers to join or organize a union; (E) the employer has provided notice of the filing of the application to the bargaining representative, if any, of the employer’s employees in the occupational classification at the place of employment or, if there is no such bargaining representative, has posted notice of the filing in conspicuous locations at the place of employment for all employees to see for not less than 14 business days for an alien described in clause (ii)(b) of section 101(a)(15)(H) and for not less than 30 business days for an alien described in clause (i)(d) of such section; (F) the requirements for the job opportunity represent the employer’s actual minimum requirements for that job and the employer will not hire nonimmigrant workers with less training or experience; (G) the employer, within the 60 days prior to the filing of the application and the 60 days following the filing, has not laid-off, and will not lay-off, any United States worker employed by the employer in the same position at the place of employment; (H) the employer, prior to the filing of the application, has complied with the recruitment requirements in accordance with paragraph (1); and (I) no job offer may impose on United States workers any restrictions or obligations that will not be imposed by an employer on a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H)..", "id": "HA4590536B86B4E4B8C43F2174B4E4725", "header": "Application to the Secretary of Labor", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "40 U.S.C. 276a et seq.", "legal-doc": "usc", "parsable-cite": "usc/40/276a" }, { "text": "41 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/41/351" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" } ] }, { "text": "(b) Accompanied by job offer \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by subsection (a), is further amended by adding after paragraph (3) the following: (4) Each application filed under paragraph (3) shall be accompanied by— (A) a copy of the job offer describing the wages and other terms and conditions of employment; (B) a statement of the minimum education, training, experience, and requirements for the job opportunity in question; (C) copies of the documentation submitted to the State Employment Service Agency to recruit United States workers in accordance with paragraph (1); (D) copies of the advertisements to recruit United States workers placed in publications in accordance with paragraph (1); and (E) a copy of the acknowledgement of receipt provided to the employer by the State Employment Service Agency in accordance with paragraph (1)(A)(ii)..", "id": "HD568CF4091EE41488B6C4CF417B0927D", "header": "Accompanied by job offer", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(c) Incomplete applications; retention of application; filing of petition \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by subsection (b), is further amended by adding after paragraph (4) the following: (5) The Secretary of Labor shall review the application and requisite documents filed in accordance with paragraphs (3) and (4) for completeness and accuracy and if deficiencies are found, the Secretary of Labor shall notify the employer and provide the employer with an opportunity to address such deficiencies. (6) A copy of the application and requisite documents filed with the Secretary of Labor in accordance with paragraphs (3) and (4) shall be retained by the employer in a public access file at the employer’s headquarters or principal place of employment of the alien for the duration of the employment relationship and for 1 year after the termination of that employment relationship. (7) Upon approval of an application by the Secretary of Labor, an employer who seeks to employ an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall file a petition as required under section 214(c)(1) with the Bureau of Citizenship and Immigration Services within the Department of Homeland Security..", "id": "H70D1534F0E4C43C6007BDCBAB73968", "header": "Incomplete applications; retention of application; filing of petition", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(d) Biometric documents \nEach alien who is issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(d) or (ii)(b) of the Immigration and Nationality Act shall be issued a machine-readable, tamper-resistant visa or document that uses biometric identifiers consistent with the requirements of section 303 of the Enhanced Border Security and Visa Reform Act, Public Law 107–173.", "id": "HF8FC2590AD8A42E1A28261626F5269B4", "header": "Biometric documents", "nested": [], "links": [ { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] } ], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "40 U.S.C. 276a et seq.", "legal-doc": "usc", "parsable-cite": "usc/40/276a" }, { "text": "41 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/41/351" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" }, { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 107–173", "legal-doc": "public-law", "parsable-cite": "pl/107/173" } ] }, { "text": "304. Worker protections \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 303, is further amended by adding after paragraph (7) the following: (8) (A) Nothing in this subsection shall be construed to limit the rights of an employee under a collective bargaining agreement or other employment contract. (B) An alien admitted or otherwise provided status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall not be denied any right or remedy under Federal, State, or local labor and employment laws applicable to a United States worker employed in a similar position with the employer because of the status of the alien as a nonimmigrant worker. (C) It shall be unlawful for an employer who has filed a petition for a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner, discriminate against an employee (including a former employee) because the employee— (i) disclosed information, to the employer or to any other person, that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (ii) because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. (D) The Secretary of Labor and the Secretary of Homeland Security shall establish a process under which a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) who files a complaint regarding a violation of this subsection, or any other rule or regulation pertaining to this subsection and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for that nonimmigrant classification. (E) (i) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner’s failure to meet a condition specified in the application submitted under paragraph (3), or a petitioner’s misrepresentation of a material fact in an application submitted under paragraph (3). Complaints may be filed by an aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary of Labor shall conduct an investigation under this clause if there is reasonable cause to believe that such a failure or misrepresentation has occurred. (ii) The process established under clause (i) shall provide that, not later than 30 days after a complaint is filed, a determination of whether or not a reasonable basis exists to find a violation shall be made. (iii) If it is determined that a reasonable basis exists under clause (ii), then not later than 60 days after that determination is made, the Secretary of Labor shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code. (iv) If the Secretary of Labor, after receiving a complaint under clause (i), does not offer the aggrieved party or organization an opportunity for a hearing under clause (iii), the Secretary of Labor shall notify the aggrieved party or organization of such determination and the aggrieved party or organization may seek a hearing on the complaint in accordance with section 556 of title 5, United States Code. (v) If a hearing is requested under clause (iii) or (iv), then not later than 60 days after the date of the hearing, the Secretary of Labor shall make a finding on the matter in accordance with paragraph (6). (vi) If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a requirement of paragraph (3), or a misrepresentation of a material fact in an application— (I) the Secretary of Labor shall notify the Secretary of Homeland Security of such findings, and may impose administrative remedies, including civil monetary penalties not to exceed $3,000 per violation; and (II) the Secretary of Homeland Security shall not approve petitions filed by that employer under section 214(c) for a period of at least 1 year for aliens to be employed by the employer. (vii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a requirement of paragraph (3), or a willful misrepresentation of a material fact in an application— (I) the Secretary of Labor shall notify the Secretary of Homeland Security of such findings, and may impose administrative remedies, including civil monetary penalties in an amount not to exceed $8,000 per violation; and (II) the Secretary of Homeland Security shall not approve petitions filed with respect to that employer under section 214(c) during a period of at least 2 years for aliens to be employed by the employer. (viii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure by an employer to meet a requirement of paragraph (3), or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 60 days before and ending 60 days after the date of filing of any visa petition supported by the application— (I) the Secretary of Labor shall notify the Secretary of Homeland Security of such findings, and may impose administrative remedies, including civil monetary penalties in an amount not to exceed $35,000 per violation; and (II) the Secretary of Homeland Security shall not approve petitions filed with respect to that employer under section 214(c) during a period of at least 3 years for aliens to be employed by the employer. (F) The Department of Labor shall have the authority to initiate and pursue investigations and audits of employers, whether upon complaint or otherwise, in order to ensure that employers are not violating the rights guaranteed under this subsection to nonimmigrant workers described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H). (G) In any complaint respecting a willful failure by an employer to meet a requirement of law or a regulation concerning the employment of nonimmigrants described in clause (i)(d) or (ii)(b) of section 101(a)(H) or a willful misrepresentation of material fact in an application, the court in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney’s fee. (H) A nonimmigrant worker described in clause (i)(d) of (ii)(b) of section 101(a)(15)(H) aggrieved by a violation of rights enforceable under section 212(u)(8) by an employer or other person may file suit in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy, without regard to the citizenship of the parties, and without regard to the exhaustion of any alternative administrative remedy under this Act, not later than 3 years after the date on which the violation occurs..", "id": "HEF05AAABF76445EC9CEA4BFF06BE3C1D", "header": "Worker protections", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "section 556", "legal-doc": "usc", "parsable-cite": "usc/5/556" }, { "text": "section 556", "legal-doc": "usc", "parsable-cite": "usc/5/556" } ] }, { "text": "305. Portability \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 304, is further amended by adding after paragraph (8) the following: (9) (A) Any alien admitted or otherwise provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(d) or (ii)(b) may change employers only after the alien has been employed by the petitioning employer for at least 3 months from the date of admission or the date such status was otherwise acquired. (B) The 3-month employment requirement in subparagraph (A) may be waived (without loss of status during the period of the waiver) in circumstances where— (i) the alien began and continued the employment in good faith but the employer violated a term or condition of sponsorship of the alien under this Act or violated any other law or regulation relating to the employment of the alien; or (ii) the personal circumstances of the alien changed so as to require a change of employer, including family, medical, or humanitarian reasons, a disability, or other factor rendering the alien unable to perform the job. (C) If a waiver under subparagraph (B) is sought, the application shall be accompanied by such evidence to warrant the approval of such waiver. (D) A nonimmigrant alien admitted or otherwise provided status as a nonimmigrant described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) may accept new employment with a new employer upon the filing by the new employer of a new application on behalf of such alien as provided under paragraph (3). Employment authorization shall continue until the new petition is adjudicated. If the new petition is denied, the alien’s right to work as established by this subsection shall cease. The alien’s right to work, if any, established by any other provision of law, shall not be affected by the denial of such new application..", "id": "HBBFAE15D28914F1AB4B484F17336EBD1", "header": "Portability", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "306. Spouses and children of temporary workers \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 305, is further amended by adding after paragraph (9) the following: (10) A spouse or child of a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible for derivative status by accompanying or following to join the alien..", "id": "H37F9BEE58CCE4368A2AC4DE9ACC13832", "header": "Spouses and children of temporary workers", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "307. Petitions by employer groups and unions \nSection 214(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(1) ) is amended— (1) by inserting after the first sentence the following: In the case of an alien or aliens described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), the petition may be filed by an associated or affiliated group of employers that have multiple openings for similar employment on behalf of the individual employers or by a union or union consortium. The petition, if approved, will be valid for employment in the described positions for the member employers, the union, or union consortium, provided the employing entity has complied with all applicable recruitment requirements and paid the requisite petition fees. ; and (2) by adding at the end the following: Nothing in this paragraph shall be construed to permit a recruiting entity or job shop to petition for an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H)..", "id": "H0A449E25F75C432B919F001FE0A84978", "header": "Petitions by employer groups and unions", "nested": [], "links": [ { "text": "8 U.S.C. 1184(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "308. Processing time for petitions \nSection 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) is amended by adding at the end the following: (12) The Secretary of Labor shall review the application filed under section 212(u)(3) for completeness and accuracy and issue a determination with regard to the application not later than 10 workings days after the date on which the application was filed. (13) The Secretary of Homeland Security shall establish a process for reviewing and completing adjudication of petitions filed under this subsection with respect to nonimmigrant workers described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) and derivative applications associated with these petitions, not later than 60 days after the completed petition has been filed..", "id": "H21F7CC5C4E0A49F39249450083D5808D", "header": "Processing time for petitions", "nested": [], "links": [ { "text": "8 U.S.C. 1184(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "309. Terms of admission \nSection 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following: (9) In the case of a nonimmigrant described in section 101(a)(15)(H)(ii)(b), the initial period of authorized admission shall be for not more than 9 months from the date of application for admission in such status in any 1-year period. No nonimmigrant described in such section may be admitted for a total period that exceeds an aggregate of 40 months. (10) In the case of a nonimmigrant described in section 101(a)(15)(H)(i)(d), the initial period of authorized admission shall be for not more than 2 years. The employer may petition for extensions of such status for 2 additional periods of not more than 2 years each. No nonimmigrant described in such section shall be admitted for a total period that exceeds 6 years. (11) (A) The limitation contained in paragraphs (9) and (10) with respect to the duration of authorized stay shall not apply to any nonimmigrant alien previously issued a visa or otherwise provided nonimmigrant status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) on whose behalf a petition has been filed under section 204(b) to accord the alien immigrant status under section 203(b), or an application for adjustment of status has been filed under section 245 to accord the alien status under section 203(b), if 365 days or more have elapsed since— (i) the filing of a labor certification application on behalf of the alien (if such certification is required for the alien to obtain status under section 203(b)); or (ii) the filing of the petition under section 204(a). (B) The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under subparagraph (A) until such time as a final decision is made— (i) to deny the application described in subparagraph (A)(i), or, in a case in which such application is granted, to deny a petition described in subparagraph (A)(ii) filed on behalf of the alien pursuant to such grant; (ii) to deny the petition described in subparagraph (A)(ii); or (iii) to grant or deny the alien’s application for an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence..", "id": "HC755721DA1524627B57EFE3BF8D0084", "header": "Terms of admission", "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "310. Number of visas issued \nSection 214 (g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) is amended to read as follows: (B) (i) under section 101(a)(15)(H)(i)(d) may not exceed 250,000; and (ii) under section 101(a)(15)(H)(ii)(b) may not exceed 100,000..", "id": "H9B239B65849B4826816FA6EF48A58656", "header": "Number of visas issued", "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "311. Change of status \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 306, is further amended by adding after paragraph (10) the following: (11) An alien admitted as a nonimmigrant or otherwise provided status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible to obtain a change of status to another immigrant or nonimmigrant classification that the alien may be eligible for..", "id": "H32A550F4270E44FA98AD34E197FE937B", "header": "Change of status", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "312. Adjustment of status to lawful permanent resident \n(a) Employment-based immigrant visas \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 311, is further amended by adding after paragraph (11) the following: (12) (A) Nonimmigrant aliens admitted or otherwise provided status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245. (B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available without numerical limitation to an alien having nonimmigrant status described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) upon the filing of a petition for such a visa by— (i) the employer of the alien; or (ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 2 years. (C) The spouse or child of an alien granted status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible as a derivative beneficiary for an immigrant visa and adjustment of status.. (b) Dual intent \nSection 214(h) of the Immigration and Nationality Act ( 8 U.S.C. 1184(h) ) is amended by inserting (H)(ii)(b), after (H)(i)(d),.", "id": "HB922A22623FF46E0853B49DCA37B72DB", "header": "Adjustment of status to lawful permanent resident", "nested": [ { "text": "(a) Employment-based immigrant visas \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 311, is further amended by adding after paragraph (11) the following: (12) (A) Nonimmigrant aliens admitted or otherwise provided status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible for an employment-based immigrant visa pursuant to section 203(b)(3) and adjustment of status pursuant to section 245. (B) Pursuant to subparagraph (A), for purposes of adjustment of status under section 245(a) or issuance of an immigrant visa under section 203(b)(3), employment-based immigrant visas shall be made available without numerical limitation to an alien having nonimmigrant status described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) upon the filing of a petition for such a visa by— (i) the employer of the alien; or (ii) the alien, provided the alien has been employed under such nonimmigrant status for at least 2 years. (C) The spouse or child of an alien granted status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be eligible as a derivative beneficiary for an immigrant visa and adjustment of status..", "id": "H9FB22FEBB8404CCEA546191BD662CF8", "header": "Employment-based immigrant visas", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Dual intent \nSection 214(h) of the Immigration and Nationality Act ( 8 U.S.C. 1184(h) ) is amended by inserting (H)(ii)(b), after (H)(i)(d),.", "id": "H1C8F97D38C13406F98D8C2C1B9A35881", "header": "Dual intent", "nested": [], "links": [ { "text": "8 U.S.C. 1184(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1184(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "313. Notification of employee rights \nSection 214(c), as amended by section 208, is further amended by adding at the end the following: (15) An employer that employs an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall provide such alien with the same notification of the alien’s rights under Federal, State, or local laws that the employer is required to provide to United States workers..", "id": "HE374C42D811F46F2B7B0FB3CCA8914F8", "header": "Notification of employee rights", "nested": [], "links": [] }, { "text": "314. Grounds of inadmissibility \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 312, is further amended by adding after paragraph (12) the following: (13) In determining the admissibility of an alien under clause (i)(d) or (ii)(b) of section 101(a)(15)(H), violations of grounds of inadmissibility described in paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(G), (7), (9), and (10)(B) of section 212(a) committed prior to the issuance or a visa under such section, or the approval of a change of status to a classification under such section shall not apply..", "id": "H96E328E068364AB781D48F1615FC3DDA", "header": "Grounds of inadmissibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "315. Petition fees \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 314, is further amended by adding after paragraph (13) the following: (14) (A) An employer filing a petition for an alien described in section 101(a)(15)(H)(i)(d) shall be required to pay a filing fee based on the cost of carrying out the processing duties under this subsection, and a secondary fee of— (i) $250, in the case of an employer employing 25 employees or less; (ii) $500, in the case of an employer employing between 26 and 150 employees; (iii) $750, in the case of an employer employing between 151 and 500 employees; or (iv) $1,000, in the case of an employer employing more than 500 employees. (B) An employer filing a petition for an alien described in section 101(a)(15)(H)(ii)(b) shall be required to pay a filing fee based on the costs of carrying out the processing duties under this subsection, and a secondary fee of— (i) $125, in the case of an employer employing 25 employees or less; (ii) $250, in the case of an employer employing between 26 and 150 employees; (iii) $375, in the case of an employer employing between 151 and 500 employees; or (iv) $500, in the case of an employer employing more than 500 employees. (C) An employer filing a petition for an alien described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) shall be prohibited from charging the alien for a fee required under subparagraph (A) or (B). (D) The fees collected under this paragraph shall be deposited into accounts within the Department of Homeland Security, the Department of Labor, and the Department of State, and allocated such that— (i) 20 percent of the amounts received shall be made available to the Department of Homeland Security until expended to carry out the requirements related to processing petitions filed by employers for aliens described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H); (ii) 15 percent of the amounts received shall be made available to the Department of Labor until expended to carry out the requirements related to processing attestation applications filed by employers for aliens described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H); (iii) 20 percent of the amounts received shall be made available to the Department of State until expended to carry out the requirements related to processing applications for visas by aliens under clause (i)(d) or (ii)(b) of section 101(a)(15)(H); (iv) 15 percent of the amounts received shall be made available to the Department of Labor until expended to carry out the requirements described in paragraph (8); (v) 15 percent of the amounts received shall be made available to the Department of Labor until expended to increase the funds available to the United States Employment Service to assist State employment service agencies in responding to employers and employees contacting such agencies as a result of the requirements described in paragraph (1); and (vi) 15 percent of the amounts received shall be made available to the Department of Homeland Security until expended to make improvements in technology for border security, including the use of machine-readable, tamper-resistant documents with biometric identifiers, expanding the use of readers and scanners, expanding programs for pre-enrollment and pre-clearance, updating and correcting electronic databases, and other improvements to facilitate the flow of commerce and persons at ports of entry..", "id": "H44CB6F0A7D30416BABF9983CE8588C80", "header": "Petition fees", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "316. Definitions \nSection 212(u) of the Immigration and Nationality Act ( 8 U.S.C. 1182(u) ), as amended by section 315, is further amended by adding after paragraph (14) the following: (15) In this subsection: (A) The term U.S. employer means any person or entity with a principal place of business in the United States that employs workers in labor or services that are not agricultural, and shall not include recruiting entities or job shops. (B) The term job opportunity means a job opening for short-term full-time or part-time employment at a place in the United States to which United States workers can be referred. (C) (i) The term layoffs , with respect to a worker— (I) means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, contract impossibility, termination of the position or company, temporary layoffs due to weather, markets, or other temporary conditions; but (II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (ii) Nothing in this subparagraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. (D) The term United States worker means any worker, whether a United States citizen or national, a lawfully admitted permanent resident alien, or any other alien, who is authorized to work in the job opportunity within the United States, except an alien admitted or otherwise provided status under clauses (i)(b), (i)(d), (ii)(a), or (ii)(b) of section 101(a)(15)(H), (L), (O), or (P) of section 101(a)(15)..", "id": "HB17B5A38ADAF44FF9F11C0B4AB4BCD21", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1182(u)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "317. Collective bargaining agreements \nNotwithstanding any other provision of law, the fact that an individual holds a visa as a nonimmigrant worker described in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) shall not render that individual ineligible to qualify as an employee under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) or to be protected under section 7 of that Act ( 29 U.S.C. 157 ).", "id": "H5DAB4BD847F34C8FA0CD91F09D639FED", "header": "Collective bargaining agreements", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" } ] }, { "text": "318. Investigations by Department of Homeland Security during labor disputes \n(a) In general \nWhen information is received by the Department of Homeland Security concerning the employment of undocumented or unauthorized aliens, consideration should be given to whether the information is being provided to interfere with the rights of employees to— (1) form, join, or assist labor organizations or to exercise their rights not to do so; (2) be paid minimum wages and overtime; (3) have safe work places; (4) receive compensation for work related injuries; (5) be free from discrimination based on race, gender, age, national origin, religion, or handicap; or (6) retaliate against employees for seeking to vindicate these rights. (b) Determination of labor dispute \nWhenever information received from any source creates a suspicion that an immigration enforcement action might involve the Department of Homeland Security in a labor dispute, a reasonable attempt should be made by Department of Homeland Security enforcement officers to determine whether a labor dispute is in progress. The information officer at the regional office of the National Labor Relations Board can supply status information on unfair labor practice charges or union election or decertification petitions that are pending involving most private sector, nonagricultural employers. Wage and hour information can be obtained from the Wage and Hour Division of the Department of Labor or the State labor department. (c) Relevant questions for informant \nIn order to protect the Department of Homeland Security from unknowingly becoming involved in a labor dispute, persons who provide information to the Department of Homeland Security about the employer or employees involved in the dispute should be asked— (1) their names; (2) whether there is a labor dispute in progress at the worksite; (3) whether the person is or was employed at the worksite in question (or by a union representing workers at the worksite); (4) if applicable, whether the person is or was employed in a supervisory or managerial capacity or is related to anyone who is; (5) how the person came to know that the subjects lacked legal authorization to work, as well as the source and reliability of the information concerning the subject’s status; (6) whether the person had or is having a dispute with the employer or the subjects of the information; and (7) if the subjects of the information have raised complaints or grievances about hours, working conditions, discriminatory practices, or union representation or actions, or whether the subjects have filed workers’ compensation claims. (d) BICE review \nThere is no prohibition for enforcing the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), even when there may be a labor dispute in progress, however, where it appears that information may have been provided in order to interfere with or to retaliate against employees for exercising their rights, no action should be taken on this information without review and approval by the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security. (e) Enforcement action \nWhen enforcement action is taken by the Department of Homeland Security and the Department determines that there is a labor dispute in progress, or that information was provided to the Department of Homeland Security to retaliate against employees for exercising their employment rights, the lead immigration officer in charge of the Department of Homeland Security enforcement team at the worksite must ensure, to the extent possible, that any aliens who are arrested or detained and are necessary for the prosecution of any violations are not removed from the country without notifying the appropriate law enforcement agency that has jurisdiction over the violations. (f) Interviews \nAny arrangements for aliens to be held or interviewed by investigators or attorneys for the Department of Labor, the State labor department, the National Labor Relations Board, or any other agencies or entities that enforce labor or employment laws will be determined on a case-by-case basis.", "id": "H6FA1295FC74E4F59AC4679C8141938AF", "header": "Investigations by Department of Homeland Security during labor disputes", "nested": [ { "text": "(a) In general \nWhen information is received by the Department of Homeland Security concerning the employment of undocumented or unauthorized aliens, consideration should be given to whether the information is being provided to interfere with the rights of employees to— (1) form, join, or assist labor organizations or to exercise their rights not to do so; (2) be paid minimum wages and overtime; (3) have safe work places; (4) receive compensation for work related injuries; (5) be free from discrimination based on race, gender, age, national origin, religion, or handicap; or (6) retaliate against employees for seeking to vindicate these rights.", "id": "HB0491D2D9EA649F597CC84EF8CB9D751", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Determination of labor dispute \nWhenever information received from any source creates a suspicion that an immigration enforcement action might involve the Department of Homeland Security in a labor dispute, a reasonable attempt should be made by Department of Homeland Security enforcement officers to determine whether a labor dispute is in progress. The information officer at the regional office of the National Labor Relations Board can supply status information on unfair labor practice charges or union election or decertification petitions that are pending involving most private sector, nonagricultural employers. Wage and hour information can be obtained from the Wage and Hour Division of the Department of Labor or the State labor department.", "id": "H4BA2708AE7114D6A95F9145F27CF0076", "header": "Determination of labor dispute", "nested": [], "links": [] }, { "text": "(c) Relevant questions for informant \nIn order to protect the Department of Homeland Security from unknowingly becoming involved in a labor dispute, persons who provide information to the Department of Homeland Security about the employer or employees involved in the dispute should be asked— (1) their names; (2) whether there is a labor dispute in progress at the worksite; (3) whether the person is or was employed at the worksite in question (or by a union representing workers at the worksite); (4) if applicable, whether the person is or was employed in a supervisory or managerial capacity or is related to anyone who is; (5) how the person came to know that the subjects lacked legal authorization to work, as well as the source and reliability of the information concerning the subject’s status; (6) whether the person had or is having a dispute with the employer or the subjects of the information; and (7) if the subjects of the information have raised complaints or grievances about hours, working conditions, discriminatory practices, or union representation or actions, or whether the subjects have filed workers’ compensation claims.", "id": "H21B2BDD5E54E41A9AF56586FD2B7B3BA", "header": "Relevant questions for informant", "nested": [], "links": [] }, { "text": "(d) BICE review \nThere is no prohibition for enforcing the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), even when there may be a labor dispute in progress, however, where it appears that information may have been provided in order to interfere with or to retaliate against employees for exercising their rights, no action should be taken on this information without review and approval by the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security.", "id": "H63633E3E8E8D453BAD611F8DCE63B3D", "header": "BICE review", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(e) Enforcement action \nWhen enforcement action is taken by the Department of Homeland Security and the Department determines that there is a labor dispute in progress, or that information was provided to the Department of Homeland Security to retaliate against employees for exercising their employment rights, the lead immigration officer in charge of the Department of Homeland Security enforcement team at the worksite must ensure, to the extent possible, that any aliens who are arrested or detained and are necessary for the prosecution of any violations are not removed from the country without notifying the appropriate law enforcement agency that has jurisdiction over the violations.", "id": "H4845BED313504013A034A475FEE8DEE", "header": "Enforcement action", "nested": [], "links": [] }, { "text": "(f) Interviews \nAny arrangements for aliens to be held or interviewed by investigators or attorneys for the Department of Labor, the State labor department, the National Labor Relations Board, or any other agencies or entities that enforce labor or employment laws will be determined on a case-by-case basis.", "id": "HEBB9632BF1BB43528813DCBCB9741977", "header": "Interviews", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "319. Protection of witnesses \nChapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by adding after section 280 the following: 280A. Stay of removal \n(a) An alien against whom removal proceedings have been initiated pursuant to chapter 4, who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim, shall be entitled to a stay of removal and to an employment authorized endorsement unless the Department of Labor established by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing that— (1) the Department of Homeland Security initiated the alien’s removal proceeding for wholly independent reasons and not in any respect based on, or as a result of, any information provided to or obtained by the Department of Homeland Security from the alien’s employer, from any outside source, including any anonymous source, or as a result of the filing or prosecution of the workplace claim; and (2) the workplace claim was filed in a bad faith intent to delay or avoid the alien’s removal. (b) Any stay of removal or work authorization issued pursuant to subsection (a) shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim. The Secretary of Homeland Security shall extend such relief for a period of not longer than 3 additional years upon determining that— (1) such relief would enable the alien asserting the workplace claim to be made whole; (2) the deterrent goals of any statute underlying the workplace claim would thereby be served; or (3) such extension would otherwise further the interests of justice. (c) In this section— (1) the term workplace claim shall include any claim, charge, complaint, or grievance filed with or submitted to the employer, a Federal or State agency or court, or an arbitrator, to challenge an employer’s alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers’ employment, the treatment of workers, or the hiring or firing of its workers; and (2) the term material witness means an individual who presents an affidavit from an attorney prosecuting or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the affiant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be crucial to the outcome of the workplace claim. 280B. Confidentiality of immigration information obtained during administrative proceedings \n(a) No officer or employee, including any former officer or employee, of any Federal or State administrative agency with jurisdiction over any employer’s workplace shall disclose to the Department of Homeland Security, or cause to be published in a manner that discloses to the Department of Homeland Security, any information concerning the immigration status of any worker obtained by that officer or employee in connection with the official duties of that officer or employee, and the Department of Homeland Security shall not, in any enforcement action or removal proceeding, use or rely upon, in whole or in part, any information so obtained. (b) Any person who knowingly uses, publishes, or permits information to be used in violation of subsection (a) shall be fined not more than $10,000..", "id": "H33C9A6E0EFA042F5BE00EEE00D7C0D4", "header": "Protection of witnesses", "nested": [], "links": [ { "text": "8 U.S.C. 1151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "280A. Stay of removal \n(a) An alien against whom removal proceedings have been initiated pursuant to chapter 4, who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim, shall be entitled to a stay of removal and to an employment authorized endorsement unless the Department of Labor established by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing that— (1) the Department of Homeland Security initiated the alien’s removal proceeding for wholly independent reasons and not in any respect based on, or as a result of, any information provided to or obtained by the Department of Homeland Security from the alien’s employer, from any outside source, including any anonymous source, or as a result of the filing or prosecution of the workplace claim; and (2) the workplace claim was filed in a bad faith intent to delay or avoid the alien’s removal. (b) Any stay of removal or work authorization issued pursuant to subsection (a) shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim. The Secretary of Homeland Security shall extend such relief for a period of not longer than 3 additional years upon determining that— (1) such relief would enable the alien asserting the workplace claim to be made whole; (2) the deterrent goals of any statute underlying the workplace claim would thereby be served; or (3) such extension would otherwise further the interests of justice. (c) In this section— (1) the term workplace claim shall include any claim, charge, complaint, or grievance filed with or submitted to the employer, a Federal or State agency or court, or an arbitrator, to challenge an employer’s alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers’ employment, the treatment of workers, or the hiring or firing of its workers; and (2) the term material witness means an individual who presents an affidavit from an attorney prosecuting or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the affiant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be crucial to the outcome of the workplace claim.", "id": "H9305C362C4EB4AE7BCCCEBD130A50496", "header": "Stay of removal", "nested": [ { "text": "(a) An alien against whom removal proceedings have been initiated pursuant to chapter 4, who has filed a workplace claim or who is a material witness in any pending or anticipated proceeding involving a workplace claim, shall be entitled to a stay of removal and to an employment authorized endorsement unless the Department of Labor established by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing that— (1) the Department of Homeland Security initiated the alien’s removal proceeding for wholly independent reasons and not in any respect based on, or as a result of, any information provided to or obtained by the Department of Homeland Security from the alien’s employer, from any outside source, including any anonymous source, or as a result of the filing or prosecution of the workplace claim; and (2) the workplace claim was filed in a bad faith intent to delay or avoid the alien’s removal.", "id": "H04D24A1E9A114041AEFFC9DE33627246", "header": null, "nested": [], "links": [] }, { "text": "(b) Any stay of removal or work authorization issued pursuant to subsection (a) shall remain valid and in effect at least during the pendency of the proceedings concerning such workplace claim. The Secretary of Homeland Security shall extend such relief for a period of not longer than 3 additional years upon determining that— (1) such relief would enable the alien asserting the workplace claim to be made whole; (2) the deterrent goals of any statute underlying the workplace claim would thereby be served; or (3) such extension would otherwise further the interests of justice.", "id": "H456D5F8E4AE34085A0156E252B05B918", "header": null, "nested": [], "links": [] }, { "text": "(c) In this section— (1) the term workplace claim shall include any claim, charge, complaint, or grievance filed with or submitted to the employer, a Federal or State agency or court, or an arbitrator, to challenge an employer’s alleged civil or criminal violation of any legal or administrative rule or requirement affecting the terms or conditions of its workers’ employment, the treatment of workers, or the hiring or firing of its workers; and (2) the term material witness means an individual who presents an affidavit from an attorney prosecuting or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the affiant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be crucial to the outcome of the workplace claim.", "id": "H8097F31DE0734FA7B78335B6D7A51A", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "280B. Confidentiality of immigration information obtained during administrative proceedings \n(a) No officer or employee, including any former officer or employee, of any Federal or State administrative agency with jurisdiction over any employer’s workplace shall disclose to the Department of Homeland Security, or cause to be published in a manner that discloses to the Department of Homeland Security, any information concerning the immigration status of any worker obtained by that officer or employee in connection with the official duties of that officer or employee, and the Department of Homeland Security shall not, in any enforcement action or removal proceeding, use or rely upon, in whole or in part, any information so obtained. (b) Any person who knowingly uses, publishes, or permits information to be used in violation of subsection (a) shall be fined not more than $10,000.", "id": "HA84B447A02254BAC8EB641ACF02207FF", "header": "Confidentiality of immigration information obtained during administrative proceedings", "nested": [ { "text": "(a) No officer or employee, including any former officer or employee, of any Federal or State administrative agency with jurisdiction over any employer’s workplace shall disclose to the Department of Homeland Security, or cause to be published in a manner that discloses to the Department of Homeland Security, any information concerning the immigration status of any worker obtained by that officer or employee in connection with the official duties of that officer or employee, and the Department of Homeland Security shall not, in any enforcement action or removal proceeding, use or rely upon, in whole or in part, any information so obtained.", "id": "H9F163F48A9CC40728B3DAB2072692127", "header": null, "nested": [], "links": [] }, { "text": "(b) Any person who knowingly uses, publishes, or permits information to be used in violation of subsection (a) shall be fined not more than $10,000.", "id": "H07381219C9C0446F9C6D3296921567F6", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "320. Document fraud \nSection 274C(d)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324c(d)(3) ) is amended by inserting before In applying this subsection the following: The civil penalties set forth in subparagraphs (A) and (B) shall be tripled in the case of any commercial enterprise that commits any violation of subsection (a) principally for commercial advantage or financial gain..", "id": "HFBF467E2F7884918A44BFCF4DE8E33F1", "header": "Document fraud", "nested": [], "links": [ { "text": "8 U.S.C. 1324c(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324c" } ] }, { "text": "321. Continued application of backpay remedies \n(a) In general \nSection 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ) is amended by adding at the end the following: (4) Backpay remedies \nBackpay or other monetary relief for unlawful employment practices shall not be denied to a present or former employee as a result of the employer’s or employee’s— (A) failure to comply with the requirements of this section; or (B) violation of a provision of Federal law related to the employment verification system described in subsection (b) in establishing or maintaining the employment relationship.. (b) Effective date \nThe amendment made by subsection (a) shall apply to any failure to comply or any violation that occurs prior to, on, or after the date of enactment of this Act.", "id": "HF018ECB7CE944EE1BAAA18F2D89FFF9", "header": "Continued application of backpay remedies", "nested": [ { "text": "(a) In general \nSection 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ) is amended by adding at the end the following: (4) Backpay remedies \nBackpay or other monetary relief for unlawful employment practices shall not be denied to a present or former employee as a result of the employer’s or employee’s— (A) failure to comply with the requirements of this section; or (B) violation of a provision of Federal law related to the employment verification system described in subsection (b) in establishing or maintaining the employment relationship..", "id": "HF702A5A60C5941C89E33F5B8DF7BE3AA", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1324a(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to any failure to comply or any violation that occurs prior to, on, or after the date of enactment of this Act.", "id": "H7A231D22743B41F8B6969C6FB4BFCAD7", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1324a(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "322. Unfair immigration-related employment practices \nSection 274B of the Immigration and Nationality Act ( 8 U.S.C. 1324b ) is amended— (1) in subsection (a)(5)— (A) by striking Prohibition of intimidation or retaliation.—It is also and inserting Prohibition of intimidation, retaliation, or unlawful discrimination in employment.— (A) In general \nIt is ; and (B) by adding at the end the following: (B) Prohibition on threats of removal \nIt is an unfair immigration-related employment practice for any employer, directly or indirectly, to threaten any individual with removal or any other adverse consequence or legal process pertaining to the immigration status or benefits of that individual for the purpose of— (i) intimidating, pressuring, or coercing any such individual not to exercise any right protected by Federal or State labor or employment law, including section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ); or (ii) retaliating against any such individual for having exercised, or having stated an intention to exercise, any such right. (C) Prohibition on unlawful discrimination \nIt is an unfair immigration-related employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of the immigration status of such individual. ; (2) in subsection (c)— (A) in paragraph (2)— (i) by striking The and inserting the following: (A) In general \nThe ; and (ii) by adding at the end the following: (B) Disclosures \n(i) In general \nThe Special Counsel shall not disclose to any government agency or employee, and shall not cause to be published in a manner that discloses to any government agency or employee, any information obtained in any manner by the Special Counsel concerning the immigration status of any individual who has filed a charge under this section or the identity of any individual or entity that is a party or witness to a proceeding brought pursuant to such a charge. (ii) Reliance on information \nThe Department of Labor shall not rely, in whole or in part in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. (C) Violation \nAny person who knowingly uses, publishes, or permits information to be used in violation of subparagraph (B) shall be fined not more than $10,000. ; and (B) by adding at the end the following: (5) Special Counsel definition \nIn this subsection, the term Special Counsel includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the Office of the Special Counsel. ; (3) in subsection (d)(3), by striking 180 days and inserting 1 year ; (4) in subsection (g)(2)— (A) in subparagraph (B)— (i) in clause (iii), by inserting before the semicolon the following: , or to make whole (including by requiring reinstatement where appropriate) any individual who has been injured in his or her person or property by reason of any unfair immigration-related employment practice ; and (ii) in clause (iv)— (I) in subclause (I), by striking not less than $250 and not more than $2,000 and inserting not less than $500 and not more than $4,000 ; (II) in subclause (II), by striking not less than $2,000 and not more than $5,000 and inserting not less than $4,000 and not more than $10,000 ; (III) in subclause (III), by striking not less than $3,000 and not more than $10,000 and inserting not less than $6,000 and not more than $20,000 ; and (IV) by striking subclause (IV) and inserting the following: (IV) in the case of an unfair immigration-related employment practice described in subparagraph (B) or (C) of subsection (a)(5), if the person or entity has been found by a Federal or State agency or court of competent jurisdiction, at any time during the preceding 5 years, to have committed violations affecting 2 or more workers of any Federal or State statute proscribing workplace discrimination, requiring the payment of wages or benefits, protecting the right to engage in concerted activities for the purpose of mutual aid or protection, or mandating the protection of worker safety of health, to pay a civil penalty of not less than $5,000 and not more than $20,000 for each individual discriminated against, and in addition, to pay a fine equivalent to the sum required to be paid to the individual discriminated against pursuant to clause (i). ; and (B) in subparagraph (C)— (i) by striking two years and inserting 3 years ; and (ii) by striking or the payment to an individual of any backpay, ; (5) in subsection (h), by striking , if the losing party’s argument is without reasonable foundation in law and fact ; (6) in subsection (j)(4), by striking but only if the losing party’s argument is without reasonable foundation in law and fact ; and (7) in subsection (l), by striking Not later than 3 months after the date of enactment of this subsection and inserting Not later than 3 months after the date of the enactment of the S.O.L.V.E. Act of 2004.", "id": "HBB37BC51332C478EA6CB341DDD7C4EB", "header": "Unfair immigration-related employment practices", "nested": [], "links": [ { "text": "8 U.S.C. 1324b", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" } ] }, { "text": "323. Temporary Workers Program Commission \n(a) Establishment of Commission \n(1) Establishment \nThere is established a commission to be known as the Temporary Worker Programs Commission (hereafter in this section referred to as the Commission ). (2) Purpose \nThe purpose of the Commission is to study the temporary worker programs created under this title, their effect on the security of the United States, the United States workforce, businesses, workers participating in such programs, and their countries of origin, and make recommendations to Congress with respect to such programs. (3) Membership of commission \n(A) Composition \nThe Commission shall be composed of 14 members as follows: (i) 3 members shall be appointed by the Majority Leader of the Senate. (ii) 3 members shall be appointed by the Speaker of the United States House of Representatives. (iii) 3 members shall be appointed by the Minority Leader of the Senate. (iv) 3 members shall be appointed by the Minority Leader of the United States House of Representatives. (v) 1 member shall be a designee of the Secretary of Labor. (vi) 1 member shall be a designee of the Secretary of Homeland Security. (B) Qualifications of members \n(i) Appointments \nPersons who are appointed under subparagraph (A) shall be persons who have expertise in economics, demography, labor, business, immigration and immigration law, national security, or other pertinent qualifications or experience. (ii) Other considerations \nIn appointing Commission members, every effort shall be made to ensure that the members— (I) are representative of a broad cross-section of perspectives within the United States, including the public and private sectors, academics, immigrant leaders and advocates, and law enforcement and security experts; and (II) provide fresh insights to examining the temporary worker programs. (4) Period of appointment; vacancies \n(A) In general \nMembers shall be appointed not later than 120 days after the enactment of this Act and the appointment shall be for the life of the Commission. (B) Vacancies \nAny vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Initial meeting \nNot later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (6) Meetings \nThe Commission shall meet at the call of the Chairperson. (7) Chairperson and vice chairperson \nThe members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (8) Quorum \nA majority of the members of the Commission shall constitute a quorum for the transaction of business. (9) Voting \nEach member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. (10) Compensation and expenses \nThe members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (11) Staff \nThe Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of an executive director, staff members, and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive services, and without regard to the provisons of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of such title. (12) Detailees \nAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (13) Consultant services \nThe Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Administrative provisions \n(1) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency such information, suggestions, estimates, and statistics as the Commission considers necessary to carry out the provisions of this section. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. (2) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the objectives of this section, except that, to the extent possible, the Commission shall use existing data and research. The Commission shall provide all interested parties an opportunity for input regarding the duties into the fact-finding undertaken pursuant to their knowledge and expertise (3) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. (4) Assistance from federal agencies \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. The departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (c) Reports \nNot later than 3 years after all of the members are appointed to the Commission, the Commission shall submit to the Congress, the Secretary of Labor, and the Secretary of Homeland Security a preliminary report that summarizes the directions of the Commission and initial recommendations. Not later than 5 years after the Commission members are appointed, the Commission shall submit to the Congress, the Secretary of Labor, and the Secretary of Homeland Security a report that contains the findings of the Commission and makes such recommendations as are consistent with the purpose and duties of the Commission, including recommendations for legislative and administrative actions to implement the conclusions of the Commission. (d) Duties of the Commission \nThe Commission shall examine— (1) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the national security of the United States, including the impact such programs have had on screening aliens seeking admission at the U.S. borders and ports of entry; (2) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the United States workforce, including the wages, employment and working conditions of United States workers; whether actual shortages existed for the positions sought to be filled, alternative methods to address skill shortages, and whether the positions filled under the programs were actually temporary; (3) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on United States businesses, including any alleviation of workforce shortages or creation of new jobs; (4) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on such workers, including the wages and working conditions of such workers; (5) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the countries of origin of such workers, including the impact of remittances, economic development, and brain drain on such countries; (6) the adequacy and accuracy of the current wage calculation system, and whether changes are needed to improve such system, including the Occupational Employment System survey, its calculation of wage data based on skill and experience levels, difference among types of employers (specifically for-profit and nonprofit, and government and non-government) and the use of private, independent wage surveys; (7) the adequacy of past labor certification systems under the H-2b program, in comparison to the labor attestation system created by this title; whether changes are needed to improve such system; and recommendations for such improvements; (8) the factors necessary to develop and implement an appropriate labor market test governing the temporary worker programs described in this section, including measures related to unemployment levels that are geographic and occupational-specific, and median wages in the occupations and vacancy rates; and make recommendations to promulgate such a labor market test; (9) the current enforcement mechanisms contained in the temporary worker programs and whether changes are needed to improve the investigation and enforcement of violations; (10) any other recommendations that are warranted. (e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.", "id": "HD2AC16E6D03F419CA38E06BBA07EEEBB", "header": "Temporary Workers Program Commission", "nested": [ { "text": "(a) Establishment of Commission \n(1) Establishment \nThere is established a commission to be known as the Temporary Worker Programs Commission (hereafter in this section referred to as the Commission ). (2) Purpose \nThe purpose of the Commission is to study the temporary worker programs created under this title, their effect on the security of the United States, the United States workforce, businesses, workers participating in such programs, and their countries of origin, and make recommendations to Congress with respect to such programs. (3) Membership of commission \n(A) Composition \nThe Commission shall be composed of 14 members as follows: (i) 3 members shall be appointed by the Majority Leader of the Senate. (ii) 3 members shall be appointed by the Speaker of the United States House of Representatives. (iii) 3 members shall be appointed by the Minority Leader of the Senate. (iv) 3 members shall be appointed by the Minority Leader of the United States House of Representatives. (v) 1 member shall be a designee of the Secretary of Labor. (vi) 1 member shall be a designee of the Secretary of Homeland Security. (B) Qualifications of members \n(i) Appointments \nPersons who are appointed under subparagraph (A) shall be persons who have expertise in economics, demography, labor, business, immigration and immigration law, national security, or other pertinent qualifications or experience. (ii) Other considerations \nIn appointing Commission members, every effort shall be made to ensure that the members— (I) are representative of a broad cross-section of perspectives within the United States, including the public and private sectors, academics, immigrant leaders and advocates, and law enforcement and security experts; and (II) provide fresh insights to examining the temporary worker programs. (4) Period of appointment; vacancies \n(A) In general \nMembers shall be appointed not later than 120 days after the enactment of this Act and the appointment shall be for the life of the Commission. (B) Vacancies \nAny vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Initial meeting \nNot later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (6) Meetings \nThe Commission shall meet at the call of the Chairperson. (7) Chairperson and vice chairperson \nThe members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (8) Quorum \nA majority of the members of the Commission shall constitute a quorum for the transaction of business. (9) Voting \nEach member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission. (10) Compensation and expenses \nThe members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (11) Staff \nThe Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of an executive director, staff members, and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive services, and without regard to the provisons of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of such title. (12) Detailees \nAny Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (13) Consultant services \nThe Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.", "id": "HF3612A24F3AC4777A833CC373788D7E", "header": "Establishment of Commission", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "(b) Administrative provisions \n(1) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency such information, suggestions, estimates, and statistics as the Commission considers necessary to carry out the provisions of this section. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. (2) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the objectives of this section, except that, to the extent possible, the Commission shall use existing data and research. The Commission shall provide all interested parties an opportunity for input regarding the duties into the fact-finding undertaken pursuant to their knowledge and expertise (3) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. (4) Assistance from federal agencies \nThe Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. The departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.", "id": "H46DA657F87904B2C872842195FE7CE27", "header": "Administrative provisions", "nested": [], "links": [] }, { "text": "(c) Reports \nNot later than 3 years after all of the members are appointed to the Commission, the Commission shall submit to the Congress, the Secretary of Labor, and the Secretary of Homeland Security a preliminary report that summarizes the directions of the Commission and initial recommendations. Not later than 5 years after the Commission members are appointed, the Commission shall submit to the Congress, the Secretary of Labor, and the Secretary of Homeland Security a report that contains the findings of the Commission and makes such recommendations as are consistent with the purpose and duties of the Commission, including recommendations for legislative and administrative actions to implement the conclusions of the Commission.", "id": "H00738AAB63A546CF8EFB911E36169E8D", "header": "Reports", "nested": [], "links": [] }, { "text": "(d) Duties of the Commission \nThe Commission shall examine— (1) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the national security of the United States, including the impact such programs have had on screening aliens seeking admission at the U.S. borders and ports of entry; (2) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the United States workforce, including the wages, employment and working conditions of United States workers; whether actual shortages existed for the positions sought to be filled, alternative methods to address skill shortages, and whether the positions filled under the programs were actually temporary; (3) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on United States businesses, including any alleviation of workforce shortages or creation of new jobs; (4) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on such workers, including the wages and working conditions of such workers; (5) the effect that the employment of workers described in clause (ii)(b) or (i)(d) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) has on the countries of origin of such workers, including the impact of remittances, economic development, and brain drain on such countries; (6) the adequacy and accuracy of the current wage calculation system, and whether changes are needed to improve such system, including the Occupational Employment System survey, its calculation of wage data based on skill and experience levels, difference among types of employers (specifically for-profit and nonprofit, and government and non-government) and the use of private, independent wage surveys; (7) the adequacy of past labor certification systems under the H-2b program, in comparison to the labor attestation system created by this title; whether changes are needed to improve such system; and recommendations for such improvements; (8) the factors necessary to develop and implement an appropriate labor market test governing the temporary worker programs described in this section, including measures related to unemployment levels that are geographic and occupational-specific, and median wages in the occupations and vacancy rates; and make recommendations to promulgate such a labor market test; (9) the current enforcement mechanisms contained in the temporary worker programs and whether changes are needed to improve the investigation and enforcement of violations; (10) any other recommendations that are warranted.", "id": "H466927B84ABC4ECEAE32E2B9E9FDDA43", "header": "Duties of the Commission", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.", "id": "H6E4F2D075AE34EC9B0498D16E1F2C6A2", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "324. Submission to Congress of information regarding H–2B and H–1D nonimmigrants \nSection 416 of the American Competitiveness and Workforce Improvement Act of 1998 (title IV of division C of Public Law 105–277 ; 8 U.S.C. 1184 note) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) by adding at the end the following new subsection: (d) Provision of information \n(1) Quarterly notification \nBeginning not later than December 1, 2005, the Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the House of Representatives and the Senate of the numbers of aliens who during the preceding 3-month period— (A) were issued visas or otherwise provided nonimmigrant status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ); or (B) had such a visa or such status expire or be revoked or otherwise terminated. (2) Annual submission \nBeginning with fiscal year 2006, the Secretary of Homeland Security shall submit on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate— (A) information on the countries of origin and occupations of, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) during the previous fiscal year; (B) the number of aliens who during each month of such fiscal year had such a visa or such status expire or be revoked or otherwise terminated; (C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the fiscal year preceding such fiscal year; and (D) the number of aliens provided nonimmigrant status under such section who adjust status to lawful permanent residence based on a petition filed by an employer or a self-petition..", "id": "H15F9EF64E26E42EDB8898FDB7BE6BF05", "header": "Submission to Congress of information regarding H–2B and H–1D nonimmigrants", "nested": [], "links": [ { "text": "Public Law 105–277", "legal-doc": "public-law", "parsable-cite": "pl/105/277" }, { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]

[ "Administrative fees", "Administrative procedure", "Administrative remedies", "Admission of nonimmigrants", "Advertising", "Age", "Age discrimination", "Alien labor", "Aliens", "Armed Forces and National Security", "Bank records", "Brain drain", "Business records", "Child abuse", "Citizenship", "Civics education", "Civil Rights and Liberties, Minority Issues", "Civil actions and liability", "Collective bargaining", "Commerce", "Computer matching", "Confidential communications", "Congress", "Congressional reporting requirements", "Construction industries", "Construction workers", "Crime and Law Enforcement", "Criminal aliens", "Criminal investigation", "Criminal justice information", "Data banks", "Department of Homeland Security", "Department of Labor", "Deportation", "Detention of persons", "Disabled", "Disciplining of employees", "Discrimination against the disabled", "Discrimination in employment", "Dismissal of employees", "Divorce", "Draft registration", "Economic impact statements", "Economics and Public Finance", "Education", "Educational tests", "Electronic government information", "Elementary and secondary education", "Employee benefit plans", "Employee rights", "Employers' liability", "English language", "Evidence (Law)", "Families", "Family violence", "Federal advisory bodies", "Finance and Financial Sector", "Fines (Penalties)", "Fingerprints", "Fraud", "Government Operations and Politics", "Government paperwork", "Government publicity", "Governmental investigations", "Grievance procedures", "Health", "Higher education", "Hours of labor", "Identification devices", "Illegal aliens", "Immigrants", "Income tax", "Informers", "Injunctions", "Internet", "Job creation", "Judicial review", "Labor and Employment", "Labor contracts", "Labor disputes", "Labor statistics", "Labor supply", "Labor unions", "Law", "Layoffs", "Legal aid", "Legal fees", "Local laws", "Lockouts", "Married people", "Minimum wages", "Minorities", "Occupational health and safety", "Old age, survivors and disability insurance", "Parents", "Personnel records", "Prosecution", "Public records", "Public service advertising", "Racial discrimination", "Recruiting of employees", "Religion", "Religious liberty", "Residence requirements", "Right of privacy", "Right to travel", "Science, Technology, Communications", "Secondary education", "Security clearances", "Sex discrimination", "Signs and signboards", "Skilled labor", "Social Welfare", "State laws", "Support of dependents", "Tax returns", "Taxation", "Temporary employment", "Unemployment", "Unfair labor practices", "Visas", "Wage restitution", "Wage surveys", "Wages", "Web sites", "Welfare eligibility", "Whistle blowing", "Wife abuse", "Witnesses", "Women", "Workers' compensation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Wauconda Technical and Environmental Remediation Act of 2004.", "id": "H2F96576C60684CD6AD3DFA29D128EE3C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Wauconda Sand and Gravel Superfund site, included on the National Priorities List (September, 1983) by the EPA, is a former sand and gravel operation in Lake County, Illinois. (2) In 1941, the Wauconda Sand and Gravel Pit in the Village of Wauconda in Lake County, Illinois, began operation as a landfill. (3) According to a health consultation report released by the Agency for Toxic Substances and Disease Registry, this landfill accepted an estimated 5.4 million cubic yards of waste that included residential garbage, construction debris, and industrial waste and sludge until it closed in July, 1978. (4) The site consists of roughly 74 acres, which includes a 47-acre non-permitted landfill and a 6-acre landfill permitted by the Illinois environmental protection agency. (5) After receiving information concerning the dumping of large quantities of polychlorinated biphenyl, the EPA and the Illinois environmental protection agency started investigations into the possibility of chemicals leaking from the site. (6) The EPA, after receiving the results from those investigations, placed the Wauconda Sand and Gravel pit on the National Priorities List in September, 1983. (7) On September 15, 2003, the Lake County Health Department, Illinois, started sampling 17 residential wells east of the site. The results of the testing of these wells showed vinyl chloride contamination in 7 wells, with the highest level of contamination being 3.6 micrograms per liter. (8) On January 13, 2004, the Lake County Health Department held a public meeting to discuss these results with local residents. The EPA started negotiating with potentially responsible parties, named the Wauconda Task Group, to provide for the testing of 121 additional wells in the Hillcrest subdivision in Wauconda and to provide bottled drinking water to Wauconda residents. (9) After completion of the testing in March, 2004, 81 of the 121 residential wells tested showed vinyl chloride contamination. (10) The results were discussed with local residents and the Wauconda Task Group provided bottled drinking water to Wauconda residents whose wells tested above 1 microgram of vinyl chloride per liter. (11) The Wauconda Task Group, under the oversight of the EPA, was also given the opportunity to expand testing sites.", "id": "H8E015E95F4D64C43BBF9F100084BC7E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Assistance \n(a) Immediate assistance \nThe Administrator of the EPA shall— (1) provide bottled drinking water to Wauconda residents served by residential wells with any contamination of vinyl chloride; and (2) increase the testing and monitoring of wells of Wauconda residents. (b) Continuing responsibility \nNothing in this Act may be construed to relieve the Administrator, any other head of a Federal agency, or a potentially liable party of any legal liability with respect to the cleanup of the Wauconda Sand and Gravel Superfund site. (c) Remedial assistance \nThe Administrator shall— (1) conduct a study to examine possible long term solutions to remediate the Wauconda Sand and Gravel Superfund site and to provide a clean drinking water source for Wauconda residents; and (2) make recommendations and implement a long term solution based on such recommendation to provide a clean drinking water source for such residents. (d) Comprehensive resolution \nThe Administrator shall work with the heads of other appropriate Federal and State agencies to seek a comprehensive resolution to both the short term and long term environmental and health problems related to the Wauconda Sand and Gravel Superfund site. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, $6,000,000 from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986.", "id": "H103F839F632E4201B92497DA90C9F139", "header": "Assistance", "nested": [ { "text": "(a) Immediate assistance \nThe Administrator of the EPA shall— (1) provide bottled drinking water to Wauconda residents served by residential wells with any contamination of vinyl chloride; and (2) increase the testing and monitoring of wells of Wauconda residents.", "id": "H9FCE326AB8044F1497F82E21E1BA2F54", "header": "Immediate assistance", "nested": [], "links": [] }, { "text": "(b) Continuing responsibility \nNothing in this Act may be construed to relieve the Administrator, any other head of a Federal agency, or a potentially liable party of any legal liability with respect to the cleanup of the Wauconda Sand and Gravel Superfund site.", "id": "H411817030A614D4BA98C9FD700EB8133", "header": "Continuing responsibility", "nested": [], "links": [] }, { "text": "(c) Remedial assistance \nThe Administrator shall— (1) conduct a study to examine possible long term solutions to remediate the Wauconda Sand and Gravel Superfund site and to provide a clean drinking water source for Wauconda residents; and (2) make recommendations and implement a long term solution based on such recommendation to provide a clean drinking water source for such residents.", "id": "HEA62C612B366461D8D96E84D90E668F0", "header": "Remedial assistance", "nested": [], "links": [] }, { "text": "(d) Comprehensive resolution \nThe Administrator shall work with the heads of other appropriate Federal and State agencies to seek a comprehensive resolution to both the short term and long term environmental and health problems related to the Wauconda Sand and Gravel Superfund site.", "id": "HCD99DB998C8E46C6BEF4B89DD2CA108C", "header": "Comprehensive resolution", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section, $6,000,000 from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986.", "id": "H0331CEA7F19A4C578798895F2CE8C427", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "section 9507", "legal-doc": "usc", "parsable-cite": "usc/26/9507" } ] } ], "links": [ { "text": "section 9507", "legal-doc": "usc", "parsable-cite": "usc/26/9507" } ] }, { "text": "4. Definitions \nFor purposes of this Act: (1) Wauconda resident \nThe term Wauconda resident means an individual living within a 1.5-mile radius of the Wauconda Sand and Gravel Superfund site. (2) EPA \nThe term EPA means the Environmental Protection Agency.", "id": "HB7C96A70ECCD4C13ACE80816003243CB", "header": "Definitions", "nested": [], "links": [] } ]

[ "Economics and Public Finance", "Environmental health", "Environmental monitoring", "Federal aid to water pollution control", "Governmental investigations", "Hazardous wastes", "Health", "Illinois", "Landfills", "Pollution measurement", "Potable water", "Vinyl chloride", "Water Resources Development", "Water pollution control", "Wells" ]

[ { "text": "1. District judgeship for the district of Hawaii \n(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Hawaii. (b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Hawaii by subsection (a), such table is amended by striking the item relating to Hawaii and inserting the following: “Hawaii 4.”.", "id": "H812E0992A959410086F128851D0097E3", "header": "District judgeship for the district of Hawaii", "nested": [ { "text": "(a) Additional permanent district judgeship \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Hawaii.", "id": "HB4B9735EC3BA44FC9575FFB03D002DC", "header": "Additional permanent district judgeship", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nIn order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Hawaii by subsection (a), such table is amended by striking the item relating to Hawaii and inserting the following: “Hawaii 4.”.", "id": "H5D5B8977E9BB4B3694962E750806134C", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ], "links": [ { "text": "section 133(a)", "legal-doc": "usc", "parsable-cite": "usc/28/133" } ] } ]

[ "Advice and consent of the Senate", "Congress", "District courts", "Government Operations and Politics", "Hawaii", "Judges", "Judicial districts", "Presidential appointments" ]

[ { "text": "1. Short title; constitutional authority \n(a) Short title \nThis Act may be cited as the. (b) Constitutional authority to enact this legislation \nThe constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, set forth in article I, section 8 of the United States Constitution.", "id": "H0BBEF92A9A124709B145091921CEEC1", "header": "Short title; constitutional authority", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "HC34222BFB1894ADDB48BB022BCD4A67C", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Constitutional authority to enact this legislation \nThe constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, set forth in article I, section 8 of the United States Constitution.", "id": "H14B7DD39DCDA4C949C3F191110358918", "header": "Constitutional authority to enact this legislation", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Refundable and advanceable credit for health insurance costs \n(a) In General \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Health insurance costs \n(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. (b) Limitations \n(1) Maximum credit \n(A) In General \nThe amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. (B) Monthly limitation \nThe monthly limitation for any month is the amount equal to 1/12 of the lesser of— (i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or (ii) $3,000. (2) Employer subsidized coverage \nSubsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. (c) Qualified health insurance \nFor purposes of this section— (1) In General \nThe term qualified health insurance means insurance which constitutes medical care if— (A) such insurance meets the requirements of section 223(c)(2)(A)(ii), (B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under— (i) qualified health insurance (determined without regard to this subparagraph), or (ii) a program described in— (I) title XVIII or XIX of the Social Security Act , (II) chapter 55 of title 10, United States Code, (III) chapter 17 of title 38, United States Code, (IV) chapter 89 of title 5, United States Code, or (V) the Indian Health Care Improvement Act , and (C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of— (i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or (ii) 1 year. (2) Exclusion of certain plans \nSuch term does not include— (A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), (B) insurance under a program described in paragraph (1)(B)(ii). (3) Transition rule for 2004 \nIn the case of applications made during 2004, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. (d) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). (2) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (3) Married couples must file joint return \n(A) In General \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. (B) Marital status; certain married individuals living apart \nRules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. (4) Verification of coverage, etc \nNo credit shall be allowed under this section to any individual unless such individual’s coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. (5) Coordination with advance payments of credit \nWith respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for months beginning in such taxable year. (6) Cost-of-living adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.. (b) Advance payment of credit \nChapter 77 of such Code (relating to miscellaneous provisions) is amended by adding at the end the following new section: 7528. Advance payment of credit for health insurance costs \n(a) General rule \nThe Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. (b) Limitation on advance payments during any taxable year \nThe Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).. (c) Conforming amendments \n(1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting or 36 after section 35. (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 item relating to section 36 and inserting the following new items: Sec. 36. Health insurance costs Sec. 37. Overpayments of tax. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7528. Advance payment of credit for health insurance costs. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H5EBA8E809D564EC4BF00A84FA61C6EA4", "header": "Refundable and advanceable credit for health insurance costs", "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 by inserting after section 35 the following new section: 36. Health insurance costs \n(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. (b) Limitations \n(1) Maximum credit \n(A) In General \nThe amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. (B) Monthly limitation \nThe monthly limitation for any month is the amount equal to 1/12 of the lesser of— (i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or (ii) $3,000. (2) Employer subsidized coverage \nSubsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. (c) Qualified health insurance \nFor purposes of this section— (1) In General \nThe term qualified health insurance means insurance which constitutes medical care if— (A) such insurance meets the requirements of section 223(c)(2)(A)(ii), (B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under— (i) qualified health insurance (determined without regard to this subparagraph), or (ii) a program described in— (I) title XVIII or XIX of the Social Security Act , (II) chapter 55 of title 10, United States Code, (III) chapter 17 of title 38, United States Code, (IV) chapter 89 of title 5, United States Code, or (V) the Indian Health Care Improvement Act , and (C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of— (i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or (ii) 1 year. (2) Exclusion of certain plans \nSuch term does not include— (A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), (B) insurance under a program described in paragraph (1)(B)(ii). (3) Transition rule for 2004 \nIn the case of applications made during 2004, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. (d) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). (2) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (3) Married couples must file joint return \n(A) In General \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. (B) Marital status; certain married individuals living apart \nRules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. (4) Verification of coverage, etc \nNo credit shall be allowed under this section to any individual unless such individual’s coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. (5) Coordination with advance payments of credit \nWith respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for months beginning in such taxable year. (6) Cost-of-living adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10..", "id": "HBB10ABBF0F544AAE93D4B00C1C200DC", "header": "In General", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(b) Advance payment of credit \nChapter 77 of such Code (relating to miscellaneous provisions) is amended by adding at the end the following new section: 7528. Advance payment of credit for health insurance costs \n(a) General rule \nThe Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. (b) Limitation on advance payments during any taxable year \nThe Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof)..", "id": "HD4D9633B83714E19A14268AAB000A700", "header": "Advance payment of credit", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting or 36 after section 35. (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 item relating to section 36 and inserting the following new items: Sec. 36. Health insurance costs Sec. 37. Overpayments of tax. (3) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7528. Advance payment of credit for health insurance costs.", "id": "H21E6E868CF2048F6B2A369B54C2CCE29", "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": "section 36", "legal-doc": "usc", "parsable-cite": "usc/26/36" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H230C2E7762A947538746CF19FF5877DC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "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": "section 36", "legal-doc": "usc", "parsable-cite": "usc/26/36" } ] }, { "text": "36. Health insurance costs \n(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. (b) Limitations \n(1) Maximum credit \n(A) In General \nThe amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. (B) Monthly limitation \nThe monthly limitation for any month is the amount equal to 1/12 of the lesser of— (i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or (ii) $3,000. (2) Employer subsidized coverage \nSubsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. (c) Qualified health insurance \nFor purposes of this section— (1) In General \nThe term qualified health insurance means insurance which constitutes medical care if— (A) such insurance meets the requirements of section 223(c)(2)(A)(ii), (B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under— (i) qualified health insurance (determined without regard to this subparagraph), or (ii) a program described in— (I) title XVIII or XIX of the Social Security Act , (II) chapter 55 of title 10, United States Code, (III) chapter 17 of title 38, United States Code, (IV) chapter 89 of title 5, United States Code, or (V) the Indian Health Care Improvement Act , and (C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of— (i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or (ii) 1 year. (2) Exclusion of certain plans \nSuch term does not include— (A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), (B) insurance under a program described in paragraph (1)(B)(ii). (3) Transition rule for 2004 \nIn the case of applications made during 2004, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. (d) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). (2) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (3) Married couples must file joint return \n(A) In General \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. (B) Marital status; certain married individuals living apart \nRules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. (4) Verification of coverage, etc \nNo credit shall be allowed under this section to any individual unless such individual’s coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. (5) Coordination with advance payments of credit \nWith respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for months beginning in such taxable year. (6) Cost-of-living adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.", "id": "H9D4AA2D537094AB78E9EDCEF9618151B", "header": "Health insurance costs", "nested": [ { "text": "(a) In General \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents.", "id": "HEB8DDE80AA6B4D889CFE0AD041975E3", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Limitations \n(1) Maximum credit \n(A) In General \nThe amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. (B) Monthly limitation \nThe monthly limitation for any month is the amount equal to 1/12 of the lesser of— (i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or (ii) $3,000. (2) Employer subsidized coverage \nSubsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence.", "id": "H762F9428D5F44869B36F30E0E69D23D9", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Qualified health insurance \nFor purposes of this section— (1) In General \nThe term qualified health insurance means insurance which constitutes medical care if— (A) such insurance meets the requirements of section 223(c)(2)(A)(ii), (B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under— (i) qualified health insurance (determined without regard to this subparagraph), or (ii) a program described in— (I) title XVIII or XIX of the Social Security Act , (II) chapter 55 of title 10, United States Code, (III) chapter 17 of title 38, United States Code, (IV) chapter 89 of title 5, United States Code, or (V) the Indian Health Care Improvement Act , and (C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of— (i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or (ii) 1 year. (2) Exclusion of certain plans \nSuch term does not include— (A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), (B) insurance under a program described in paragraph (1)(B)(ii). (3) Transition rule for 2004 \nIn the case of applications made during 2004, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant.", "id": "H1A9DB411C72448DEA328A41B3219E372", "header": "Qualified health insurance", "nested": [], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(d) Special rules \n(1) Coordination with medical deduction, etc \nAny amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). (2) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (3) Married couples must file joint return \n(A) In General \nIf the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. (B) Marital status; certain married individuals living apart \nRules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. (4) Verification of coverage, etc \nNo credit shall be allowed under this section to any individual unless such individual’s coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. (5) Coordination with advance payments of credit \nWith respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7528 for months beginning in such taxable year. (6) Cost-of-living adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.", "id": "HA737C073401049D997F3C1A97DB071FC", "header": "Special rules", "nested": [], "links": [] } ], "links": [ { "text": "chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "7528. Advance payment of credit for health insurance costs \n(a) General rule \nThe Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. (b) Limitation on advance payments during any taxable year \nThe Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).", "id": "HD5E5DB5D2289441B8BA3F66BFFAF2D72", "header": "Advance payment of credit for health insurance costs", "nested": [ { "text": "(a) General rule \nThe Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals.", "id": "H53D584A8BBBC4B97BF5D42030064D555", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Limitation on advance payments during any taxable year \nThe Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).", "id": "H37A965DAC77D45F5A85C1E45218B67FA", "header": "Limitation on advance payments during any taxable year", "nested": [], "links": [] } ], "links": [] } ]

[ "Coinsurance", "Cost of living adjustments", "Costs", "Economics and Public Finance", "Finance and Financial Sector", "Health insurance", "Income tax", "Indexing (Economic policy)", "Insurance premiums", "Medical economics", "Tax credits", "Tax refunds" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H51647F7970B447838BC7659BC327FECF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of the Under Secretary for Technology \nThere are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology and the Office of Technology Policy— (1) $8,294,000 for fiscal year 2005; (2) $8,497,000 for fiscal year 2006; (3) $8,800,000 for fiscal year 2007; and (4) $8,927,000 for fiscal year 2008.", "id": "H53C7C803A14A4DF800DCFBBF26078F6", "header": "Office of the Under Secretary for Technology", "nested": [], "links": [] }, { "text": "3. Scientific and technical research and services \n(a) Laboratory activities \nThere are authorized to be appropriated to the Secretary of Commerce for the scientific and technical research and services laboratory activities of the National Institute of Standards and Technology— (1) $425,688,000 for fiscal year 2005, of which— (A) $55,777,000 shall be for Electronics and Electrical Engineering; (B) $29,584,000 shall be for Manufacturing Engineering; (C) $50,142,000 shall be for Chemical Science and Technology; (D) $42,240,000 shall be for Physics; (E) $62,724,000 shall be for Material Science and Engineering; (F) $23,594,000 shall be for Building and Fire Research; (G) $60,660,000 shall be for Computer Science and Applied Mathematics, of which $2,800,000 shall be for activities in support of the Help America Vote Act of 2002; (H) $17,445,000 shall be for Technical Assistance; and (I) $78,102,000 shall be for Research Support Activities; (2) $446,951,000 for fiscal year 2006; (3) $469,299,000 for fiscal year 2007; and (4) $492,764,000 for fiscal year 2008. (b) Malcolm Baldrige National Quality Award program \nThere are authorized to be appropriated to the Secretary of Commerce for the Malcolm Baldrige National Quality Award program under section 17 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3711a )— (1) $5,400,000 for fiscal year 2005; (2) $5,535,000 for fiscal year 2006; (3) $5,674,000 for fiscal year 2007; and (4) $5,815,000 for fiscal year 2008. (c) Construction and maintenance \nThere are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology— (1) $59,000,000 for fiscal year 2005; (2) $91,000,000 for fiscal year 2006; (3) $80,000,000 for fiscal year 2007; and (4) $106,000,000 for fiscal year 2008.", "id": "H5960A99F54AF4092B467165FCF403F89", "header": "Scientific and technical research and services", "nested": [ { "text": "(a) Laboratory activities \nThere are authorized to be appropriated to the Secretary of Commerce for the scientific and technical research and services laboratory activities of the National Institute of Standards and Technology— (1) $425,688,000 for fiscal year 2005, of which— (A) $55,777,000 shall be for Electronics and Electrical Engineering; (B) $29,584,000 shall be for Manufacturing Engineering; (C) $50,142,000 shall be for Chemical Science and Technology; (D) $42,240,000 shall be for Physics; (E) $62,724,000 shall be for Material Science and Engineering; (F) $23,594,000 shall be for Building and Fire Research; (G) $60,660,000 shall be for Computer Science and Applied Mathematics, of which $2,800,000 shall be for activities in support of the Help America Vote Act of 2002; (H) $17,445,000 shall be for Technical Assistance; and (I) $78,102,000 shall be for Research Support Activities; (2) $446,951,000 for fiscal year 2006; (3) $469,299,000 for fiscal year 2007; and (4) $492,764,000 for fiscal year 2008.", "id": "H5CA042569FE5455691ACA7F48D2E7319", "header": "Laboratory activities", "nested": [], "links": [] }, { "text": "(b) Malcolm Baldrige National Quality Award program \nThere are authorized to be appropriated to the Secretary of Commerce for the Malcolm Baldrige National Quality Award program under section 17 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3711a )— (1) $5,400,000 for fiscal year 2005; (2) $5,535,000 for fiscal year 2006; (3) $5,674,000 for fiscal year 2007; and (4) $5,815,000 for fiscal year 2008.", "id": "H68F1769A809B4C8CACCB39A53D6CA5AA", "header": "Malcolm Baldrige National Quality Award program", "nested": [], "links": [ { "text": "15 U.S.C. 3711a", "legal-doc": "usc", "parsable-cite": "usc/15/3711a" } ] }, { "text": "(c) Construction and maintenance \nThere are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology— (1) $59,000,000 for fiscal year 2005; (2) $91,000,000 for fiscal year 2006; (3) $80,000,000 for fiscal year 2007; and (4) $106,000,000 for fiscal year 2008.", "id": "HD5E60EF64ACC4F0AB7FDDEDDE5CD2452", "header": "Construction and maintenance", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 3711a", "legal-doc": "usc", "parsable-cite": "usc/15/3711a" } ] }, { "text": "4. Industrial technology services \nThere are authorized to be appropriated to the Secretary of Commerce for Industrial Technology Services activities of the National Institute of Standards and Technology— (1) $285,000,000 for fiscal year 2005, of which— (A) $179,000,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ), of which at least $60,700,000 shall be for new awards; and (B) $106,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); (2) $292,125,000 for fiscal year 2006, of which— (A) $183,475,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ); and (B) $108,650,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); (3) $299,428,100 for fiscal year 2007, of which— (A) $188,062,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ); and (B) $111,366,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); and (4) $306,913,000 for fiscal year 2008, of which— (A) $192,763,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ); and (B) $114,150,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l).", "id": "HEC56EFF306A64A73BD503665D4F65DC0", "header": "Industrial technology services", "nested": [], "links": [ { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" }, { "text": "15 U.S.C. 278n", "legal-doc": "usc", "parsable-cite": "usc/15/278n" } ] }, { "text": "5. Standards education program \n(a) Program authorized \n(1) As part of the Teacher Science and Technology Enhancement Institute Program, the Director of the National Institute of Standards and Technology shall carry out a Standards Education program to award grants to institutions of higher education to support efforts by such institutions to develop curricula on the role of standards in the fields of engineering, business, science, and economics. The curricula should address topics such as— (A) development of technical standards; (B) demonstrating conformity to standards; (C) intellectual property and antitrust issues; (D) standardization as a key element of business strategy; (E) survey of organizations that develop standards; (F) the standards life cycle; (G) case studies in effective standardization; (H) managing standardization activities; and (I) managing organizations that develop standards. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost-sharing from non-Federal sources. (b) Selection process \n(1) An institution of higher education seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include at a minimum— (A) a description of the content and schedule for adoption of the proposed curricula in the courses of study offered by the applicant; and (B) a description of the source and amount of cost-sharing to be provided. (2) In evaluating the applications submitted under paragraph (1) the Director shall consider, at a minimum— (A) the level of commitment demonstrated by the applicant in carrying out and sustaining lasting curricula changes in accordance with subsection (a)(1); and (B) the amount of cost-sharing provided. (c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Teacher Science and Technology Enhancement Institute program of the National Institute of Standards and Technology— (1) $773,000 for fiscal year 2005; (2) $796,000 for fiscal year 2006; (3) $820,000 for fiscal year 2007; and (4) $844,000 for fiscal year 2008.", "id": "H75C521D6EC004A26A560A4A964C00B8", "header": "Standards education program", "nested": [ { "text": "(a) Program authorized \n(1) As part of the Teacher Science and Technology Enhancement Institute Program, the Director of the National Institute of Standards and Technology shall carry out a Standards Education program to award grants to institutions of higher education to support efforts by such institutions to develop curricula on the role of standards in the fields of engineering, business, science, and economics. The curricula should address topics such as— (A) development of technical standards; (B) demonstrating conformity to standards; (C) intellectual property and antitrust issues; (D) standardization as a key element of business strategy; (E) survey of organizations that develop standards; (F) the standards life cycle; (G) case studies in effective standardization; (H) managing standardization activities; and (I) managing organizations that develop standards. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost-sharing from non-Federal sources.", "id": "H30744837D2E84F33A5447C001EBD7072", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Selection process \n(1) An institution of higher education seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include at a minimum— (A) a description of the content and schedule for adoption of the proposed curricula in the courses of study offered by the applicant; and (B) a description of the source and amount of cost-sharing to be provided. (2) In evaluating the applications submitted under paragraph (1) the Director shall consider, at a minimum— (A) the level of commitment demonstrated by the applicant in carrying out and sustaining lasting curricula changes in accordance with subsection (a)(1); and (B) the amount of cost-sharing provided.", "id": "HDEE6050F77E44AA4AB1771DD1E7E0340", "header": "Selection process", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Commerce for the Teacher Science and Technology Enhancement Institute program of the National Institute of Standards and Technology— (1) $773,000 for fiscal year 2005; (2) $796,000 for fiscal year 2006; (3) $820,000 for fiscal year 2007; and (4) $844,000 for fiscal year 2008.", "id": "H879D8C15AF6741C2A8F0EEA0D47F8900", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Enterprise integration \nThere are authorized to be appropriated to the Secretary of Commerce for activities of the National Institute of Standards and Technology under the Enterprise Integration Act of 2002— (1) $20,000,000 for fiscal year 2005; (2) $20,500,000 for fiscal year 2006; (3) $21,013,000 for fiscal year 2007; and (4) $21,538,000 for fiscal year 2008.", "id": "HA877F5AD15AE47E986711897CE1E7034", "header": "Enterprise integration", "nested": [], "links": [] } ]

[ "Antitrust law", "Authorization", "Awards, medals, prizes", "Building construction", "Building materials", "Chemical engineering", "Chemical research", "Chemistry", "Commemorations", "Commerce", "Commercialization", "Computers", "Curricula", "Department of Commerce", "Economics and Public Finance", "Education", "Electrical engineering", "Electronics", "Elementary and secondary education", "Emergency Management", "Engineering", "Federal aid to education", "Federal aid to research", "Fire prevention", "Government Operations and Politics", "Government and business", "High technology", "Higher education", "Industrial engineering", "Industrial standards", "Intellectual property", "Laboratories", "Law", "Maintenance and repair", "Manufacturing industries", "Materials research", "Mathematics", "New products", "Physics", "Public-private partnerships", "Quality control", "Quality of products", "Research and development", "Research grants", "Scientific education", "Small business", "Teacher education", "Technological innovations", "Technology transfer", "Voting machines" ]

[ { "text": "1. Mandatory separation age \n(a) Civil service retirement system \nSection 8335(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009.. (b) Federal employees’ retirement system \nSection 8425(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009..", "id": "H790341AA753F4D3F007D895BD7CE8D6C", "header": "Mandatory separation age", "nested": [ { "text": "(a) Civil service retirement system \nSection 8335(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009..", "id": "H5740E12037C841D8B02FB64900C5F804", "header": "Civil service retirement system", "nested": [], "links": [] }, { "text": "(b) Federal employees’ retirement system \nSection 8425(b) of title 5, United States Code, is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting 65 years of age for 60 years of age. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009..", "id": "H154F7B23480F493E972EF0DE6CB85572", "header": "Federal employees’ retirement system", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Retention and relocation bonuses \n(a) In general \nSubchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation \n(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). (b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay. (d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose. (e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009.. (b) Clerical amendment \nThe analysis for chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation.", "id": "H164C310EA44C4B9988742FF400CE00B3", "header": "Retention and relocation bonuses", "nested": [ { "text": "(a) In general \nSubchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation \n(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). (b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay. (d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose. (e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009..", "id": "H38F9D368D6524DD290CAABF1EDEA129", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 57 of title 5, United States Code, is amended by adding at the end the following: 5759. Retention and relocation bonuses for the Federal Bureau of Investigation.", "id": "HB84A51A4FDAA4CEB874CE2805166D0C", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "5759. Retention and relocation bonuses for the Federal Bureau of Investigation \n(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation). (b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay. (d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose. (e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009.", "id": "H68F0C8BB534E47D8AD25C2053C407915", "header": "Retention and relocation bonuses for the Federal Bureau of Investigation", "nested": [ { "text": "(a) Authority \nThe Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if— (1) (A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee’s services makes it essential to retain the employee; and (B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave— (i) the Federal service; or (ii) for a different position in the Federal service; or (2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation).", "id": "HBC511397DC284EB180CC2BD041B2A99F", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Service agreement \nPayment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.", "id": "HAEF3C5E3D40E4A5FB4D8CFD84B0085A7", "header": "Service agreement", "nested": [], "links": [] }, { "text": "(c) Limitation on authority \nA bonus paid under this section may not exceed 50 percent of the employee’s basic pay.", "id": "HC6F555C7174047659926582494D700EA", "header": "Limitation on authority", "nested": [], "links": [] }, { "text": "(d) Impact on basic pay \nA retention bonus is not part of the basic pay of an employee for any purpose.", "id": "H1600E2AFC5AE4CD58F2E7259D6B7C900", "header": "Impact on basic pay", "nested": [], "links": [] }, { "text": "(e) Termination of authority \nThe authority to grant bonuses under this section shall cease to be available after December 31, 2009.", "id": "HEDB0B5924CBC408F8B2070F53BED424D", "header": "Termination of authority", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Federal Bureau of Investigation Reserve Service \n(a) In general \nChapter 35 of title 5, United States Code, is amended by adding at the end the following: VII Retention of retired specialized employees at the Federal Bureau of Investigation \n3598. Federal Bureau of Investigation Reserve Service \n(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. (b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. (e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time.. (b) Clerical amendment \nThe analysis for chapter 35 of title 5, United States Code, is amended by adding at the end the following: Subchapter VII—Retention of retired specialized employees at the Federal Bureau of Investigation 3598. Federal Bureau of Investigation reserve service.", "id": "HCE702E456DF64ED999474216A408A5DC", "header": "Federal Bureau of Investigation Reserve Service", "nested": [ { "text": "(a) In general \nChapter 35 of title 5, United States Code, is amended by adding at the end the following: VII Retention of retired specialized employees at the Federal Bureau of Investigation \n3598. Federal Bureau of Investigation Reserve Service \n(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. (b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. (e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time..", "id": "HDA97AE78AB5244828E3F00F7301343B6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 35 of title 5, United States Code, is amended by adding at the end the following: Subchapter VII—Retention of retired specialized employees at the Federal Bureau of Investigation 3598. Federal Bureau of Investigation reserve service.", "id": "H9A9467D270ED4D5CA0CCFA2B42AA0089", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "3598. Federal Bureau of Investigation Reserve Service \n(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director. (b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau. (c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84. (d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau. (e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service. (f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time.", "id": "HDB517746E9304727B4BE7C477E6760F", "header": "Federal Bureau of Investigation Reserve Service", "nested": [ { "text": "(a) Establishment \nThe Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the FBI Reserve Service ) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director.", "id": "H066CA818B0084BD5BFEBEB1C2862B8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nMembership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau.", "id": "H35202CC3C91348349DFEC8F58C444471", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Annuitants \nIf an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.", "id": "H741B1963315A45329300BE007BFE792B", "header": "Annuitants", "nested": [], "links": [] }, { "text": "(d) No impact on Bureau personnel ceiling \nFBI Reserve Service members reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Bureau.", "id": "H06FF123721934FEC9E4BA1FDC8F4A8CA", "header": "No impact on Bureau personnel ceiling", "nested": [], "links": [] }, { "text": "(e) Expenses \nThe Director may provide members of the FBI Reserve Service transportation and per diem in lieu of subsistence, in accordance with applicable provisions of this title, for the purpose of participating in any training that relates to service as a member of the FBI Reserve Service.", "id": "HEF40C8C2E69A4F9EBDCD5DFFF05FA042", "header": "Expenses", "nested": [], "links": [] }, { "text": "(f) Limitation on membership \nMembership of the FBI Reserve Service is not to exceed 500 members at any given time.", "id": "H3CCE7B59B1AB4B1A91E966040030AC09", "header": "Limitation on membership", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Critical positions in the Federal Bureau of Investigation intelligence directorate \nSection 5377(a)(2) of title 5, United States Code, is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation)..", "id": "H2625917DE6194BEDB58763EF9B14C447", "header": "Critical positions in the Federal Bureau of Investigation intelligence directorate", "nested": [], "links": [] } ]

[ "Annuities", "Armed Forces and National Security", "Civil service retirement", "Cost of living adjustments", "Crime and Law Enforcement", "Department of Justice", "Emergency Management", "Employee training", "Executive reorganization", "Federal Bureau of Investigation (FBI)", "Federal employees", "Federal law enforcement officers", "Fringe benefits", "Government travel", "Labor and Employment", "Labor contracts", "Relocation", "Retirement age", "Salaries", "Social Welfare", "Temporary employment", "Transportation and Public Works", "Travel costs" ]

[ { "text": "1. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 16__. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.. (b) Clerical amendment \nThe table of sections in section 2 of such Act is amended by inserting after the item relating to section 16__ the following: Sec. 16__. El Paso, Texas, water reclamation, reuse, and desalinization project.", "id": "HEC6FC41CFC2F42D19EBE896F88A3CF0", "header": "El Paso, Texas, water reclamation, reuse, and desalinization project", "nested": [ { "text": "(a) Authorization \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 16__. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section..", "id": "H28AA41CB3E694CA09EE4C92F410879E9", "header": "Authorization", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "(b) Clerical amendment \nThe table of sections in section 2 of such Act is amended by inserting after the item relating to section 16__ the following: Sec. 16__. El Paso, Texas, water reclamation, reuse, and desalinization project.", "id": "H758F1EB17DB0414BB56D0120318E14D9", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "16__. El Paso, Texas, water reclamation, reuse, and desalinization project \n(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas. (b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.", "id": "HCA3A0E4407FD47120000FC3EE9AC281", "header": "El Paso, Texas, water reclamation, reuse, and desalinization project", "nested": [ { "text": "(a) Authorization \nThe Secretary, in cooperation with the State and local authorities, is authorized to participate in the design, planning, and construction of the El Paso Water Reclamation, Reuse, and Desalinization project to reclaim and reuse wastewater and to treat and reuse impaired and brackish groundwater in the service area of the El Paso Water Utilities Public Service Board, El Paso, Texas.", "id": "HC054A7082A7F4401A59B4CBC4E00A8E", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Cost share \nThe Federal share of the cost of the project authorized by this section shall not exceed 50 percent of the total cost of the project.", "id": "H335E04654B59480FA732F4C212D3154", "header": "Cost share", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.", "id": "HD96FAE39363C4840B2A35E9C03D80079", "header": "Limitation", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "Construction costs", "Environmental Protection", "Federal aid to water pollution control", "Federal aid to water resources development", "Groundwater", "Infrastructure", "Irrigation", "Saline waters", "Texas", "Waste water treatment", "Water conservation", "Water treatment plants" ]

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

[ "Commerce", "Cost control", "Drug industry", "Drugs", "Government Operations and Politics", "Government publicity", "Medicare", "Prescription pricing", "Social Welfare" ]

[ { "text": "1. Short title; references \n(a) Short title \nThis Act may be cited as the. (b) References \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 Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ).", "id": "H1547B1718E664922BBD4AF78CDCA18AB", "header": "Short title; references", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "H639EDEEDE2034C9999D7F37870576E93", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) References \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 Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ).", "id": "H7D11B7DE544C442FBEA2A6A058074207", "header": "References", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "2. Continuum of services \n(a) Awards \nSection 404A(b)(2)(B) ( 20 U.S.C. 1070a–21(b)(2)(B) ) is amended by inserting after through the completion of secondary school the following: or through the first year of attendance at a postsecondary education institution. (b) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting after through the 12th grade the following or through the first year of attendance at a postsecondary education institution to students in the participating grade level. (c) Early intervention \n(1) Uses of funds \nSection 404D(b)(2) ( 20 U.S.C. 1070a–24(b)(2) ) is amended by inserting after through grade 12 the following: or through the first year of attendance at a postsecondary education institution. (2) Priority students \nSection 404D(c) is amended by inserting after through grade 12 the following or through the first year of attendance at a postsecondary education institution.", "id": "H64FF7BC578C94E4800E09433F3726275", "header": "Continuum of services", "nested": [ { "text": "(a) Awards \nSection 404A(b)(2)(B) ( 20 U.S.C. 1070a–21(b)(2)(B) ) is amended by inserting after through the completion of secondary school the following: or through the first year of attendance at a postsecondary education institution.", "id": "HE68BB8982D7A40BA929F5E52D9A59EC5", "header": "Awards", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "(b) Cohort approach \nSection 404B(g)(1)(B) ( 20 U.S.C. 1070a–22(g)(1)(B) ) is amended by inserting after through the 12th grade the following or through the first year of attendance at a postsecondary education institution to students in the participating grade level.", "id": "H0EDF4E9DF3E444D9A03E1C24DBCEE3B2", "header": "Cohort approach", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" } ] }, { "text": "(c) Early intervention \n(1) Uses of funds \nSection 404D(b)(2) ( 20 U.S.C. 1070a–24(b)(2) ) is amended by inserting after through grade 12 the following: or through the first year of attendance at a postsecondary education institution. (2) Priority students \nSection 404D(c) is amended by inserting after through grade 12 the following or through the first year of attendance at a postsecondary education institution.", "id": "HFDF06C4A541C4CBBA754512BE266AD0", "header": "Early intervention", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–24(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] } ], "links": [ { "text": "20 U.S.C. 1070a–21(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" }, { "text": "20 U.S.C. 1070a–22(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-22" }, { "text": "20 U.S.C. 1070a–24(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "3. Continuing Eligibility \nSection 404A ( 20 U.S.C. 1070a–21 ) is amended by adding at the end the following new subsection: (d) Continuing eligibility \nAn eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award). The Secretary shall require any such entity seeking a new grant to demonstrate the effectiveness of the prior programs under this chapter in its plan submitted under section 404C..", "id": "H0C2656A4139E456DB208FFD65F4EF000", "header": "Continuing Eligibility", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–21", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-21" } ] }, { "text": "4. Financial education and counseling \nSection 404D ( 20 U.S.C. 1070a–24 ) is amended— (1) in subsection (a)(1)(B)(i), by inserting before the semicolon at the end the following: , and counseling and education regarding financial cost requirements for college ; and (2) in subsection (b)(2)(A)(ii), by striking career mentoring inserting career planning and mentoring, academic counseling, and financial literacy, education, or counseling pertaining to the process of going to college.", "id": "HCEDAB09483F44235AA06080113AA1D66", "header": "Financial education and counseling", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–24", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-24" } ] }, { "text": "5. Scholarship component \nSection 404E(b)(2) ( 20 U.S.C. 1070a–25(b)(2) ) is amended by inserting after section 401 for such fiscal year the following , or $5,800, whichever is less.", "id": "H97E83CE40E3C4B1CB2CC290CC189E7", "header": "Scholarship component", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–25(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-25" } ] }, { "text": "6. Dual/concurrent enrollment \n(a) Amendment \nChapter 2 of part A of title IV is amended— (1) by redesignating section 404G and 404H ( 20 U.S.C. 1070a–27 ) as sections 404H and 404I, respectively; and (2) by inserting after section 404F the following: 404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, and may receive college credit. (b) Student eligibility \nFor the purpose of this chapter, a student shall be eligible if the student is— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this chapter may provide services such as— (1) the offering of core nonremedial college courses as determined by the postsecondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty; and (D) enroll in an early college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree. (2) assistance with the selection of core nonremedial college courses by students; (3) tutorial services pertaining to the core nonremedial college courses in which students are enrolled; and (4) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this chapter for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this chapter meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.. (b) Conforming amendments \nChapter 2 of part A of title IV is further amended by striking section 404H each place it appears and inserting section 404I.", "id": "H1490C3D4FD10467B9988D9AFDF860021", "header": "Dual/concurrent enrollment", "nested": [ { "text": "(a) Amendment \nChapter 2 of part A of title IV is amended— (1) by redesignating section 404G and 404H ( 20 U.S.C. 1070a–27 ) as sections 404H and 404I, respectively; and (2) by inserting after section 404F the following: 404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, and may receive college credit. (b) Student eligibility \nFor the purpose of this chapter, a student shall be eligible if the student is— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this chapter may provide services such as— (1) the offering of core nonremedial college courses as determined by the postsecondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty; and (D) enroll in an early college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree. (2) assistance with the selection of core nonremedial college courses by students; (3) tutorial services pertaining to the core nonremedial college courses in which students are enrolled; and (4) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this chapter for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this chapter meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years..", "id": "H77BC9D72E0A54FECAFCFEF7F279FC84C", "header": "Amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "(b) Conforming amendments \nChapter 2 of part A of title IV is further amended by striking section 404H each place it appears and inserting section 404I.", "id": "H83E6F3B6EBB8497C93A077C29251155E", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "404G. Dual/concurrent enrollment \n(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, and may receive college credit. (b) Student eligibility \nFor the purpose of this chapter, a student shall be eligible if the student is— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity. (c) Permissible services \nAn entity receiving funding under this chapter may provide services such as— (1) the offering of core nonremedial college courses as determined by the postsecondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty; and (D) enroll in an early college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree. (2) assistance with the selection of core nonremedial college courses by students; (3) tutorial services pertaining to the core nonremedial college courses in which students are enrolled; and (4) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this chapter for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this chapter meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program. (e) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.", "id": "H9639DB69057F4FED94E95360F9E2B699", "header": "Dual/concurrent enrollment", "nested": [ { "text": "(a) Program authority \nThe Secretary is authorized to carry out a program to be known as GEAR UP & GO , to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, and may receive college credit.", "id": "H3F784781757B483C9F50F49E673CF039", "header": "Program authority", "nested": [], "links": [] }, { "text": "(b) Student eligibility \nFor the purpose of this chapter, a student shall be eligible if the student is— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled 10th, 11th, or 12th grade; and (3) has demonstrated academic readiness for college courses as determined by the applying entity.", "id": "H5599CC81E0FD4C138DED2527C81C69D4", "header": "Student eligibility", "nested": [], "links": [] }, { "text": "(c) Permissible services \nAn entity receiving funding under this chapter may provide services such as— (1) the offering of core nonremedial college courses as determined by the postsecondary institution in which participating students— (A) receive instruction from a postsecondary institution faculty member at the secondary site; (B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; (C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty; and (D) enroll in an early college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree. (2) assistance with the selection of core nonremedial college courses by students; (3) tutorial services pertaining to the core nonremedial college courses in which students are enrolled; and (4) purchasing books, supplies, and transportation.", "id": "H715AF98B9EBA45E18DA21E32BBF1FDDA", "header": "Permissible services", "nested": [], "links": [] }, { "text": "(d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this chapter for any fiscal year, the Secretary shall— (1) award funds under this program on an annual basis and determine the average award; (2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; (3) require an assurance that an entity applying for funding under this chapter meet the requirements of section 404A(c); and (4) not approve a plan unless such a plan— (A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and (B) specifies the methods by which funds will be spent for carrying out the program.", "id": "H22227B70816E4BFDAFAA82DEDED271DD", "header": "Requirements for approval of applications", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nIn addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.", "id": "H24D7A5E659AB42038593FE52576C62CE", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Evaluation, report, and technical assistance \nSection 404H ( 20 U.S.C. 1070a–27 ), as redesignated by section 5(1) of this Act, is amended by adding at the end the following new subsection: (e) Technical assistance \nIn order to assist current grantees in strengthening partnerships, leveraging resources, and sustaining programs, the Secretary shall award not more than 0.75 percent of the funds appropriated under section 404I for a fiscal year to the national education organization that has served as technical assistance provider for this program..", "id": "H622EBE1080814644B700003DB767D72", "header": "Evaluation, report, and technical assistance", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–27", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-27" } ] }, { "text": "8. Authorization of appropriations \nSection 404I ( 20 U.S.C. 1070a–28 ), as redesignated by section 5(1) of this Act, is amended to read as follows: 404I. Authorization of appropriations \nThere are authorized to be appropriated to carry out this chapter $500,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years..", "id": "H211086AA20694A8BA0D4B35D6300A358", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1070a–28", "legal-doc": "usc", "parsable-cite": "usc/20/1070a-28" } ] }, { "text": "404I. Authorization of appropriations \nThere are authorized to be appropriated to carry out this chapter $500,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.", "id": "H2E72652193124A888F7FB8CDD3B15A5", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Academic performance", "Authorization", "Career education", "College costs", "Department of Education", "Economics and Public Finance", "Education of the disadvantaged", "Educational counseling", "Elementary and secondary education", "Federal aid to education", "Finance and Financial Sector", "Financial planning", "Government Operations and Politics", "Higher education", "Mentoring", "Personal budgets", "Scholarships", "Secondary education", "Social Welfare", "Student enrollment", "Textbooks" ]

[ { "text": "1. Amendments \n(a) Authorization of appropriations \nSection 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5108 ) is amended to read as follows: 9. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009.. (b) Steel project priorities \nSection 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5103(c)(1) ) is amended— (1) in subparagraph (H), by striking coatings for sheet steels and inserting sheet and bar steels ; and (2) by adding at the end the following new subparagraph: (K) The development of technologies which reduce greenhouse gas emissions.. (c) Conforming amendments \nThe Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended— (1) by striking section 7 ( 15 U.S.C. 5106 ); and (2) in section 8 ( 15 U.S.C. 5107 ), by inserting , beginning with fiscal year 2005, after close of each fiscal year.", "id": "HE0E380695D9C4D099B33E5A13B7BB086", "header": "Amendments", "nested": [ { "text": "(a) Authorization of appropriations \nSection 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5108 ) is amended to read as follows: 9. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009..", "id": "H8E6566DB831849E6B6A3C952D5E09D59", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "15 U.S.C. 5108", "legal-doc": "usc", "parsable-cite": "usc/15/5108" } ] }, { "text": "(b) Steel project priorities \nSection 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 ( 15 U.S.C. 5103(c)(1) ) is amended— (1) in subparagraph (H), by striking coatings for sheet steels and inserting sheet and bar steels ; and (2) by adding at the end the following new subparagraph: (K) The development of technologies which reduce greenhouse gas emissions..", "id": "HFF494218E16544FCA07348508B2E0006", "header": "Steel project priorities", "nested": [], "links": [ { "text": "15 U.S.C. 5103(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/5103" } ] }, { "text": "(c) Conforming amendments \nThe Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended— (1) by striking section 7 ( 15 U.S.C. 5106 ); and (2) in section 8 ( 15 U.S.C. 5107 ), by inserting , beginning with fiscal year 2005, after close of each fiscal year.", "id": "H892F440EB4594EC30063BC186D65DC7D", "header": "Conforming amendments", "nested": [], "links": [ { "text": "15 U.S.C. 5106", "legal-doc": "usc", "parsable-cite": "usc/15/5106" }, { "text": "15 U.S.C. 5107", "legal-doc": "usc", "parsable-cite": "usc/15/5107" } ] } ], "links": [ { "text": "15 U.S.C. 5108", "legal-doc": "usc", "parsable-cite": "usc/15/5108" }, { "text": "15 U.S.C. 5103(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/5103" }, { "text": "15 U.S.C. 5106", "legal-doc": "usc", "parsable-cite": "usc/15/5106" }, { "text": "15 U.S.C. 5107", "legal-doc": "usc", "parsable-cite": "usc/15/5107" } ] }, { "text": "9. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of the fiscal years 2005 through 2009.", "id": "HCB3C0AB4B7E04EF38CACADF241529B95", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Aluminum", "Authorization", "Climate change and greenhouse gases", "Congress", "Congressional reporting requirements", "Department of Energy", "Economics and Public Finance", "Energy efficiency", "Energy research", "Environmental Protection", "Environmental technology", "Federal aid to air pollution control", "Federal aid to research", "Government Operations and Politics", "Industrial engineering", "Industrial research", "Iron and steel industry", "Product development", "Public Lands and Natural Resources", "Research and development", "Science, Technology, Communications", "Steel", "Technological innovations" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H1EF6579F4EB74CF799EEA100A7F43E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendment to Trademark Act of 1946 \nSection 35 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly referred to as the Trademark Act of 1946 ; 15 U.S.C. 1117 ), is amended by adding at the end the following new subsection: (e) In a case of a violation referred to in this section, occurring at or in connection with an online location, the violation shall be considered to be willful for purposes of this section if the violator, or a person acting in concert with the violator, knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name used in connection with the online location, or in maintaining or renewing such registration..", "id": "H6FCE6C3410AC4C40004FFE18C7F521C", "header": "Amendment to Trademark Act of 1946", "nested": [], "links": [ { "text": "15 U.S.C. 1117", "legal-doc": "usc", "parsable-cite": "usc/15/1117" } ] }, { "text": "3. Amendment to title 17, United States Code \nSection 504(c)(2) of title 17, United States Code, is amended by adding at the end the following new sentence: In a case of infringement occurring at or in connection with an online location, the infringement shall be considered to be willful for purposes of this paragraph where the copyright owner sustains the burden of proving, and the court finds, that the infringer or a person acting in concert with the infringer knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name used in connection with the online location, or in maintaining or renewing such registration. For purposes of the preceding sentence, the term domain name has the meaning given that term in section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes approved July 5, 1946 (commonly referred to as the Trademark Act of 1946 ; 15 U.S.C. 1127 )..", "id": "HFFFDF9D3550640678C6D1740EA4FF3F7", "header": "Amendment to title 17, United States Code", "nested": [], "links": [ { "text": "Section 504(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/17/504" }, { "text": "15 U.S.C. 1127", "legal-doc": "usc", "parsable-cite": "usc/15/1127" } ] }, { "text": "4. Amendment to title 18, United States Code \nSection 3559 of title 18, United States Code, is amended by adding at the end the following: (f) Sentencing enhancement for falsification relating to domain names in connection with offenses \nThe maximum imprisonment otherwise provided by law for a felony offense shall be increased by 7 years if, in furtherance of that offense, the defendant knowingly provided material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in connection with a domain name registration. For purposes of this subsection, the term domain name has the meaning given that term in section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly referred to as the Trademark Act of 1946 ; 15 U.S.C. 1127 )..", "id": "HBC1E06DEC903458CBB519FE987DB7D5D", "header": "Amendment to title 18, United States Code", "nested": [], "links": [ { "text": "Section 3559", "legal-doc": "usc", "parsable-cite": "usc/18/3559" }, { "text": "15 U.S.C. 1127", "legal-doc": "usc", "parsable-cite": "usc/15/1127" } ] } ]

[ "Copyright", "Crime and Law Enforcement", "Damages", "Directories", "Evidence (Law)", "Fines (Penalties)", "Fraud", "Internet", "Names", "Science, Technology, Communications", "Sentences (Criminal procedure)", "Trademarks", "Web sites" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H59D96F5D593541D691C5AD41E03E43DA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) methamphetamine is a dangerous drug distributed throughout the United States; (2) the manufacture, distribution, and use of methamphetamine results in increased crime, damage to the environment, hazardous waste that endangers the public, expensive cleanup costs often borne by Federal, State, and local government agencies, and broken families; (3) Congress has acted many times to limit the availability of chemicals and equipment used in the manufacturing of methamphetamine; (4) pseudoephedrine is 1 of the basic precursor chemicals used in the manufacture of methamphetamine; (5) the United States Drug Enforcement Administration has indicated that methamphetamine manufacturers often obtain pseudoephedrine from retail and wholesale distributors, in both bottles and blister packs , and that the use of pseudoephedrine tablets in blister packs is pervasive in the illicit production of methamphetamine in both small and large clandestine methamphetamine laboratories; (6) while current law establishes a retail sales limit of 9 grams for most pseudoephedrine products, including common cold medicine, there is no such limit on the sale of blister-packed pseudoephedrine products; (7) the 9 gram limit on bottled pseudoephedrine allows an individual to purchase approximately 366 thirty-milligram tablets at 1 time, which is more than enough for a typical consumer in 1 transaction; (8) the United States Drug Enforcement Administration recommended in March 2002 that retail distribution of pseudoephedrine tablets in blister packages should not be exempt from the 9 gram retail sales limit; and (9) in recommending legislation to correct the current disparity in the law between bottled and blister-packed pseudoephedrine tablets, the United States Drug Enforcement Administration stated that The removal of this difference would significantly prevent illicit access to this methamphetamine precursor and would be easier for both the government and the industry to monitor and would increase compliance by retailers.", "id": "H7B0561FFD09B42D2A461603C52B153D7", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Elimination of blister pack exemption \n(a) Regulated transaction \nSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(I)(aa) ) is amended by striking (except that and all that follows through 1996). (b) Rule of law \nTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 ( 21 U.S.C. 802 note), the amendment shall control.", "id": "H57F9B4CF50804E7D8329229E6FA06566", "header": "Elimination of blister pack exemption", "nested": [ { "text": "(a) Regulated transaction \nSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(I)(aa) ) is amended by striking (except that and all that follows through 1996).", "id": "H661BA620932C41EDAA021D005FDCBC93", "header": "Regulated transaction", "nested": [], "links": [ { "text": "21 U.S.C. 802(39)(A)(iv)(I)(aa)", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] }, { "text": "(b) Rule of law \nTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 ( 21 U.S.C. 802 note), the amendment shall control.", "id": "H125262F99DE74A3082436C5E9164F6B6", "header": "Rule of law", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ], "links": [ { "text": "21 U.S.C. 802(39)(A)(iv)(I)(aa)", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" } ] } ]

[ "Commerce", "Drug abuse", "Drug law enforcement", "Drug traffic", "Drugs", "Health", "Methamphetamine", "Packaging", "Retail trade" ]

[ { "text": "1. Short title \nThis Act may be cited as the Geothermal Energy Initiative Act of 2004.", "id": "H5FD7539C2C37483CA8BC612E5EF0CC5D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Federal income tax credits have been established for production of energy from renewable energy resources, other than geothermal energy resources, including with respect to wind energy and closed-loop biomass energy. (2) The last national resource assessment of geothermal energy resource sites in the United States was completed in 1978. There have been substantial changes in technology and advances in geological science in the intervening 26 years. (3) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning process poses significant delays in geothermal resource development. (4) The Bureau of Land Management has a backlog of 230 lease applications for prospecting for geothermal energy. The average age of these lease applications is 9 years. The oldest non-competitive application was received in 1974. (5) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (6) Development of geothermal energy resources is environmentally safe and clean.", "id": "H26A07BECED8C40A7841C91297C9C02F4", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Credit for electricity produced from geothermal energy \n(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) geothermal energy.. (b) Qualified Facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by inserting after subparagraph (E) the following new subparagraph: (D) Geothermal energy facility \nIn the case of a facility using geothermal energy to produce electricity, the term qualified facility means— (i) any facility owned by the taxpayer which is originally placed in service after December 31, 2004, and (ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2005, but only to the extent of its incremental production. If such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.. (c) Incremental production \nSection 45(d) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: (9) Definition and special rule with respect to incremental geothermal production \nFor purposes of subparagraph (D) of paragraph (3)— (A) In general \nThe term incremental production means, with respect to a facility described in subsection (c)(3)(D)(ii) for any taxable year, the excess of— (i) the total kilowatt hours of electricity produced from such facility, over (ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. (B) Special rule \nA facility which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.. (d) Effective date \nThe amendments made by this section shall apply to electricity sold after December 31, 2004.", "id": "H0FBD84D72A024CD0BCFA821B3C009E1E", "header": "Credit for electricity produced from geothermal energy", "nested": [ { "text": "(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) geothermal energy..", "id": "H5B243136D28942E49F45783FBBEC8B26", "header": "In general", "nested": [], "links": [ { "text": "Section 45(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/45" } ] }, { "text": "(b) Qualified Facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by inserting after subparagraph (E) the following new subparagraph: (D) Geothermal energy facility \nIn the case of a facility using geothermal energy to produce electricity, the term qualified facility means— (i) any facility owned by the taxpayer which is originally placed in service after December 31, 2004, and (ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2005, but only to the extent of its incremental production. If such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility..", "id": "H8FB921E0634A4413A43CC642A2C2F9B8", "header": "Qualified Facility", "nested": [], "links": [] }, { "text": "(c) Incremental production \nSection 45(d) of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: (9) Definition and special rule with respect to incremental geothermal production \nFor purposes of subparagraph (D) of paragraph (3)— (A) In general \nThe term incremental production means, with respect to a facility described in subsection (c)(3)(D)(ii) for any taxable year, the excess of— (i) the total kilowatt hours of electricity produced from such facility, over (ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. (B) Special rule \nA facility which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent..", "id": "H10BD34B7153747E996C1F8008F63F428", "header": "Incremental production", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to electricity sold after December 31, 2004.", "id": "H6319828198644A4298A192677892C616", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 45(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/45" } ] }, { "text": "4. Assessment of geothermal energy resources \n(a) Resource assessment \nNot later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of reports \nNot later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including— (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2005, 2006, and 2007.", "id": "H64DC631225354A1D8DAC296DDD6DC9D2", "header": "Assessment of geothermal energy resources", "nested": [ { "text": "(a) Resource assessment \nNot later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors.", "id": "H8D4773E9B5FC4DA0B5A3CD00863D9592", "header": "Resource assessment", "nested": [], "links": [] }, { "text": "(b) Contents of reports \nNot later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including— (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers.", "id": "HABD20F3B1BCB43CDB26F31DE3947FFFD", "header": "Contents of reports", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2005, 2006, and 2007.", "id": "HA4C76CF58ADB44CCBF00B5EA8EFFE9AB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Enhanced access to Federal lands for geothermal resource development \n(a) Revision of land use plans \n(1) Public lands \nThe Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 ( 42 U.S.C. 1712 ) while protecting other resources. (2) National Forest System lands \nThe Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) while protecting other resources. (3) Issuance of rights-of-way not affected \nNothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency. (b) Report to Congress \nWithin 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include— (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of— (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development.", "id": "H571F05D120154E71B4009B77697707EF", "header": "Enhanced access to Federal lands for geothermal resource development", "nested": [ { "text": "(a) Revision of land use plans \n(1) Public lands \nThe Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 ( 42 U.S.C. 1712 ) while protecting other resources. (2) National Forest System lands \nThe Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) while protecting other resources. (3) Issuance of rights-of-way not affected \nNothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency.", "id": "H720F75AF37ED4637AF2BCE3D46BD707D", "header": "Revision of land use plans", "nested": [], "links": [ { "text": "42 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/42/1712" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "(b) Report to Congress \nWithin 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include— (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of— (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development.", "id": "H3BA2D576C45248DD835E1D7081C6D2BE", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/42/1712" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "6. Consultation regarding geothermal leasing and permitting on public lands \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions. (b) Lease and permit applications \nThe memorandum of understanding shall include provisions that— (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall— (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing. (c) Five-year leasing plan \nThe memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years. (d) Data retrieval system \nThe memorandum of understanding shall establish a joint data retrieval system that is capable of— (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.", "id": "H40DBA3B0701446E69226866F4B47B166", "header": "Consultation regarding geothermal leasing and permitting on public lands", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions.", "id": "H49966A3B80524EBD8F25B8AE9872F71B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Lease and permit applications \nThe memorandum of understanding shall include provisions that— (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall— (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing.", "id": "H6E83E2DEB90742799C660013B20042EC", "header": "Lease and permit applications", "nested": [], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "(c) Five-year leasing plan \nThe memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years.", "id": "H647DD77707654A4CAF0040D995CD5F9", "header": "Five-year leasing plan", "nested": [], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "(d) Data retrieval system \nThe memorandum of understanding shall establish a joint data retrieval system that is capable of— (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action.", "id": "H93387FF54DF74078B3C420529208D700", "header": "Data retrieval system", "nested": [], "links": [] } ], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" }, { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" } ] }, { "text": "7. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.. (b) Application \nThe amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act. (c) Deadline for regulations \nThe Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act.", "id": "HC91D4737A17442F400943CD5FDE5552B", "header": "Reimbursement for costs of nepa analyses, documentation, and studies", "nested": [ { "text": "(a) In general \nThe Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary..", "id": "H38118E64B83C4BCC92D9A7E9DAE6B8EB", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Application \nThe amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act.", "id": "HC5D404FDDAC74CA881365D3FE9478B78", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Deadline for regulations \nThe Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act.", "id": "HF2D7D9F1F76642869D59DAB50083293B", "header": "Deadline for regulations", "nested": [], "links": [] } ], "links": [ { "text": "30 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/1001" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "30. Reimbursement for costs of nepa analyses, documentation, and studies \n(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease. (b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.", "id": "H91AFB905718E47C9B0186189C030001D", "header": "Reimbursement for costs of nepa analyses, documentation, and studies", "nested": [ { "text": "(a) In general \nThe Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the lease.", "id": "H02A07EA4B0224EEFA84F4D8018E800B5", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Conditions \nThe Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.", "id": "H3C99FB1D99AD4C8800E4402D218D0789", "header": "Conditions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "8. Authorization of appropriations \nTo carry out section 5 through 7 there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary.", "id": "HAF1078BCE5214544AD5836FBE36B6C09", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Administrative procedure", "Armed Forces and National Security", "Commerce", "Congress", "Congressional reporting requirements", "Costs", "Department of Agriculture", "Department of the Interior", "Economics and Public Finance", "Electric power production", "Electric utilities", "Energy development", "Energy supplies", "Energy transportation", "Environmental Protection", "Environmental assessment", "Geothermal resources", "Government Operations and Politics", "Government lending", "Government paperwork", "Income tax", "Land use", "Law", "Licenses", "Military bases", "Mining royalties", "National forests", "Public Lands and Natural Resources", "Right-of-way", "Subsidies", "Tax credits", "Taxation", "Transportation and Public Works" ]

[ { "text": "1. Double deduction of certain employee training expenses \n(a) In General \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 200. Double deduction of certain employee training expenses \n(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. (b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.. (b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Double deduction of certain employee training expenses. (c) Effective Date \nThe amendments made by this section shall apply to expenses paid or incurred in taxable years ending after the date of the enactment of this Act.", "id": "H397B05F577B9484BB56F14EE67C243C", "header": "Double deduction of certain employee training expenses", "nested": [ { "text": "(a) In General \nPart VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 200. Double deduction of certain employee training expenses \n(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. (b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year..", "id": "H8491014AC41C4D64B7BC9FBA7F701840", "header": "In General", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "29 U.S.C. 50", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Double deduction of certain employee training expenses.", "id": "HC291D98DDB074D8691A042DE9BD910FB", "header": "Clerical Amendment", "nested": [], "links": [] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply to expenses paid or incurred in taxable years ending after the date of the enactment of this Act.", "id": "H3F6D6BE8D161479AAED86DF25E71D759", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "29 U.S.C. 50", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] }, { "text": "200. Double deduction of certain employee training expenses \n(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. (b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.", "id": "HAE5BBDE64FCC4271A660DBC2A4644329", "header": "Double deduction of certain employee training expenses", "nested": [ { "text": "(a) In General \nThere is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State.", "id": "H924A81C6E4ED4F59907DC8613CA62CA1", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 50", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] }, { "text": "(b) Limitation based on wages \nNo deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.", "id": "HE5A5654B993347C88B1FD63500D91D7D", "header": "Limitation based on wages", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 50", "legal-doc": "usc", "parsable-cite": "usc/29/50" } ] } ]

[ "Apprenticeship", "Commerce", "Costs", "Employee training", "Income tax", "Labor and Employment", "Law", "Licenses", "Tax deductions", "Wages" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ice Age Floods National Geologic Trail Designation Act of 2004.", "id": "H80AFBDD713A24262A154981EF3E7BF17", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of Montana, Idaho, Washington and Oregon. (2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail to recognize the national significance of this phenomenon and to coordinate public and private sector entities in the presentation of the story of the Ice Age Floods. (b) Purpose \nThe purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods’ features and story through the collaborative efforts of public and private entities.", "id": "H75780879209A406CA9938C8FCA91D9B3", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of Montana, Idaho, Washington and Oregon. (2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail to recognize the national significance of this phenomenon and to coordinate public and private sector entities in the presentation of the story of the Ice Age Floods.", "id": "H5F2A8F4DD6C34762B36F71F22407617E", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods’ features and story through the collaborative efforts of public and private entities.", "id": "HEF9A5E1686C8489298B7B1584C65BFB3", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nAs used in this Act: (1) Trail \nThe term Trail means the Ice Age Floods National Geologic Trail designated in section 4. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) Floods \nThe term Ice Age Floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula.", "id": "H0A07FBFD92A64FF8B2CA853CACC50182", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Ice age floods national geologic trail \n(a) Designation \nIn order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location \nThe route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean as generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered_______, and dated______. (c) Maps \n(1) Revisions \nThe Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability \nAny map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "H45FBA5D8FB8148478D905FD0A7D2A6B", "header": "Ice age floods national geologic trail", "nested": [ { "text": "(a) Designation \nIn order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.", "id": "H3CE3BDC9BBC745FA92C1A9008CBBAB6C", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) Location \nThe route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean as generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered_______, and dated______.", "id": "HC229155D9A494254A09CF2AACA24D3CE", "header": "Location", "nested": [], "links": [] }, { "text": "(c) Maps \n(1) Revisions \nThe Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability \nAny map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.", "id": "HD2C4E5843A7D495B8B00738C3B990036", "header": "Maps", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Administration \n(a) In general \nThe Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Trail management office \nIn order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail. (c) Interagency technical committee \nThe Secretary shall establish an interagency technical committee to advise the trail management office in technical planning for the development of the Cooperative Management and Interpretation Plan. The interagency technical committee— (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations. (d) Trail advisory committee \nThe Secretary shall establish and maintain a trail advisory committee comprised of individuals appointed by public land management agencies, local, State, and tribal governments, private citizens, and interested nonprofit organizations, including the Ice Age Floods Institute. The trail advisory committee shall assist the Trail manager and staff with the operation of the Trail. (e) Management plan \nNot later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested parties. The Cooperative Management and Interpretation Plan shall— (1) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that would present the floods’ story to the public effectively; (2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods’ features contained in the National Park Service study entitled Ice Age Floods, Study of Alternatives and Environmental Assessment (February, 2001) by locating features more accurately, improving the description of features, and reevaluating the features in terms of their interpretive potential; and (4) review and, if appropriate, modify the map of the Trail referred to in section 4(b)(1). (f) Land acquisition \nThe Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpretation Plan. Of these 25 acres, private land may be acquired from willing sellers only by exchange, donation, or purchase with donated or appropriated funds. Non-Federal public lands may be acquired from willing sellers only by donation or exchange and only after consultation with the affected local governments. (g) Interpretive facilities \nThe Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan. (h) Private property rights \nNothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands. (i) Liability \nDesignation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property. (j) Cooperative management \nIn order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (112 Stat. 3522; 16 U.S.C. 1a-2 ). For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (k) Cooperative agreements \nThe Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act. (l) United States Geological Survey \nThe Secretary shall use the United States Geological Survey to assist the Interagency Technical Committee and the National Park Service carry out this Act. (m) Regulations prohibited \nThe Secretary may not promulgate regulations specifically for management of the Trail.", "id": "H7D169668C3FA4A429076C288F1DC161", "header": "Administration", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act.", "id": "H6AC3706696984CB796BAEAC6008800B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Trail management office \nIn order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail.", "id": "HEBAF9640C106479E99EC2058E096E6C7", "header": "Trail management office", "nested": [], "links": [] }, { "text": "(c) Interagency technical committee \nThe Secretary shall establish an interagency technical committee to advise the trail management office in technical planning for the development of the Cooperative Management and Interpretation Plan. The interagency technical committee— (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations.", "id": "H5D83F93250D94F7285E64E1153D282CF", "header": "Interagency technical committee", "nested": [], "links": [] }, { "text": "(d) Trail advisory committee \nThe Secretary shall establish and maintain a trail advisory committee comprised of individuals appointed by public land management agencies, local, State, and tribal governments, private citizens, and interested nonprofit organizations, including the Ice Age Floods Institute. The trail advisory committee shall assist the Trail manager and staff with the operation of the Trail.", "id": "HCC14D3B37D294E1CB07CC970844EBA9F", "header": "Trail advisory committee", "nested": [], "links": [] }, { "text": "(e) Management plan \nNot later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested parties. The Cooperative Management and Interpretation Plan shall— (1) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that would present the floods’ story to the public effectively; (2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods’ features contained in the National Park Service study entitled Ice Age Floods, Study of Alternatives and Environmental Assessment (February, 2001) by locating features more accurately, improving the description of features, and reevaluating the features in terms of their interpretive potential; and (4) review and, if appropriate, modify the map of the Trail referred to in section 4(b)(1).", "id": "HE7132D4862564C71A7CF85039D2827D4", "header": "Management plan", "nested": [], "links": [] }, { "text": "(f) Land acquisition \nThe Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpretation Plan. Of these 25 acres, private land may be acquired from willing sellers only by exchange, donation, or purchase with donated or appropriated funds. Non-Federal public lands may be acquired from willing sellers only by donation or exchange and only after consultation with the affected local governments.", "id": "HCB18C5E333DB4C7D812FE28CD9864FAE", "header": "Land acquisition", "nested": [], "links": [] }, { "text": "(g) Interpretive facilities \nThe Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan.", "id": "H28F15749FA584A8785CFD1A7D1A1C0B2", "header": "Interpretive facilities", "nested": [], "links": [] }, { "text": "(h) Private property rights \nNothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands.", "id": "H5D70AF0341094DB38E5B938004D5A183", "header": "Private property rights", "nested": [], "links": [] }, { "text": "(i) Liability \nDesignation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property.", "id": "H554449B13B844DB3844B302448BF5EA2", "header": "Liability", "nested": [], "links": [] }, { "text": "(j) Cooperative management \nIn order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (112 Stat. 3522; 16 U.S.C. 1a-2 ). For purposes of this subsection only, the Trail shall be considered a unit of the National Park System.", "id": "HF1C26BC736E8496A9787625CBB65BD25", "header": "Cooperative management", "nested": [], "links": [ { "text": "Public Law 91–383", "legal-doc": "public-law", "parsable-cite": "pl/91/383" }, { "text": "16 U.S.C. 1a-2", "legal-doc": "usc", "parsable-cite": "usc/16/1a-2" } ] }, { "text": "(k) Cooperative agreements \nThe Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act.", "id": "H8BEECE23C19945CA831859D894BD7261", "header": "Cooperative agreements", "nested": [], "links": [] }, { "text": "(l) United States Geological Survey \nThe Secretary shall use the United States Geological Survey to assist the Interagency Technical Committee and the National Park Service carry out this Act.", "id": "H1D1C4C6F6C354A89A22DF672D2ECDF00", "header": "United States Geological Survey", "nested": [], "links": [] }, { "text": "(m) Regulations prohibited \nThe Secretary may not promulgate regulations specifically for management of the Trail.", "id": "H56DB3699C9AA46BC8215464E28C143E7", "header": "Regulations prohibited", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 91–383", "legal-doc": "public-law", "parsable-cite": "pl/91/383" }, { "text": "16 U.S.C. 1a-2", "legal-doc": "usc", "parsable-cite": "usc/16/1a-2" } ] }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act. Not more than $500,000 of funds appropriated for this Act may be used in each fiscal year for administration of the Trail.", "id": "HEF54C5124C3F40D382703CC845584613", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Federal advisory bodies", "Floods", "Geology", "Government Operations and Politics", "Idaho", "Land transfers", "Maps", "Montana", "National parks", "Oregon", "Sports and Recreation", "Tourism", "Trails", "Washington State" ]

[ { "text": "1. Suspension of duty on Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.38.41 Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer", "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: 9902.38.41 Glycine, N,N-Bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt, reaction products with ammonium hydroxide and pentafluoroiodoethane-tetrafluoroethylyene telomer (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "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": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD4999B39DD744B028619C0327C82225C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration (in this Act referred to as the FDA ) the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ) (in this Act referred to as DSHEA ) was enacted. This Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non-misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (8) The FDA has updated and expanded its system for the reporting, collection, and analysis of dietary supplement adverse events reports. (9) DSHEA provides the FDA with a number of authoritites to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President’s budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA.", "id": "H5B915089631D405FB9C76C2C16AC709E", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] }, { "text": "3. Authorization and appropriation of resources \n(a) Authorization of appropriations \nThere are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (1) $20,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $40,000,000 for fiscal year 2007; (4) $50,000,000 for fiscal year 2008; and (5) $65,000,000 for fiscal year 2009. (b) Appropriation of funds for fiscal year 2005 \nThere are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), $20,000,000 for fiscal year 2005. (c) Office of Dietary Supplements \nThere are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health— (1) $30,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of the fiscal years 2006 through 2009. (d) Use of funds \nThe Food and Drug Administration shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements.", "id": "HA3CBA46116DC4DA790B0F54DB0063D8", "header": "Authorization and appropriation of resources", "nested": [ { "text": "(a) Authorization of appropriations \nThere are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (1) $20,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $40,000,000 for fiscal year 2007; (4) $50,000,000 for fiscal year 2008; and (5) $65,000,000 for fiscal year 2009.", "id": "HFFDA009D5C834AD78FEEAE1E39E4EAC7", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "(b) Appropriation of funds for fiscal year 2005 \nThere are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), $20,000,000 for fiscal year 2005.", "id": "H765AF7972FA74DFB006922EB47B4700", "header": "Appropriation of funds for fiscal year 2005", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "(c) Office of Dietary Supplements \nThere are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health— (1) $30,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "H0E550F14B3024B45A9A5E7B41698861D", "header": "Office of Dietary Supplements", "nested": [], "links": [] }, { "text": "(d) Use of funds \nThe Food and Drug Administration shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements.", "id": "HE06594CEF6C6473F9BD713EC7B60613", "header": "Use of funds", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "4. Annual accountability report on the regulation of dietary supplements \n(a) In general \nNot later than January 31, 2005, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ). (b) Contents \nThe report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency’s response. (9) The number of dietary supplement claims determined to be false, misleading, or nonsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs.", "id": "H9238E3E5BAC943EBAABA5482D0FFE423", "header": "Annual accountability report on the regulation of dietary supplements", "nested": [ { "text": "(a) In general \nNot later than January 31, 2005, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 ( Public Law 103–417 ).", "id": "H93C106EA2DB84F4AB289DFD3A509364B", "header": "In general", "nested": [], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] }, { "text": "(b) Contents \nThe report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency’s response. (9) The number of dietary supplement claims determined to be false, misleading, or nonsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs.", "id": "H14D9D930C45843F89662D9F5DFF1F498", "header": "Contents", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 103–417", "legal-doc": "public-law", "parsable-cite": "pl/103/417" } ] } ]

[ "Administrative procedure", "Appropriations", "Authorization", "Commerce", "Congress", "Congressional reporting requirements", "Consumer education", "Consumer protection", "Deceptive advertising", "Department of Health and Human Services", "Dietary supplements", "Economics and Public Finance", "Federal aid to research", "Federal employees", "Food and Drug Administration (FDA)", "Food industry", "Food safety", "Government Operations and Politics", "Government paperwork", "Governmental investigations", "Health", "Labeling", "Law", "Legislation", "Medical research", "National Institutes of Health (NIH)", "Research and development", "Research grants", "Science, Technology, Communications" ]

[ { "text": "1. Perry B. Duryea, Jr. Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 73 South Euclid Avenue in Montauk, New York, shall be known and designated as the Perry B. Duryea, Jr. Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Perry B. Duryea, Jr. Post Office.", "id": "H8495CBD005BC416C9B8C60A6F6184100", "header": "Perry B. Duryea, Jr. Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 73 South Euclid Avenue in Montauk, New York, shall be known and designated as the Perry B. Duryea, Jr. Post Office.", "id": "HB7CA2AC227C543F0B6F48B92695B99F8", "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 Perry B. Duryea, Jr. Post Office.", "id": "H41AA6FC831CA496D89B004C3320F6E7", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congress", "Congressional tributes", "Government Operations and Politics", "Names", "New York State", "Postal facilities", "State legislators" ]

[ { "text": "1. Provision for the use of biometric or other technology \n(a) Use of biometric technology \nSection 44903(h) of title 49, United States Code, is amended— (1) in paragraph (4)(E) by striking may provide for and inserting shall issue, not later than 120 days after the date of enactment of paragraph (5), guidance for ; and (2) by adding at the end the following: (5) Use of biometric technology in airport access control systems \nIn issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with representatives of the aviation industry, the biometrics industry, and the National Institute of Standards and Technology, shall establish, at a minimum— (A) comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure; (B) a list of products and vendors that meet such requirements and standards; (C) procedures for implementing biometric systems— (i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and (ii) to resolve failures to enroll, false matches, and false non-matches; and (D) best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. (6) Use of biometric technology for law enforcement officer travel \n(A) In general \nNot later than 120 days after the date of enactment of this paragraph, the Assistant Secretary shall— (i) establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; (ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; (iii) establish procedures— (I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential; (II) to resolve failures to enroll, false matches, and false non-matches relating to use of the travel credential; and (III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use; (iv) begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and (v) take such other actions with respect to the travel credential as the Secretary considers appropriate. (B) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (7) Definitions \nIn this subsection, the following definitions apply: (A) Biometric information \nThe term biometric information means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual. (B) Biometrics \nThe term biometrics means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. (C) Failure to enroll \nThe term failure to enroll means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors. (D) False match \nThe term false match means the incorrect matching of one individual’s biometric information to another individual’s biometric information by a biometric system. (E) False non-match \nThe term false non-match means the rejection of a valid identity by a biometric system. (F) Secure area of an airport \nThe term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).. (b) Funding for use of biometric technology in airport access control systems \n(1) Grant authority \nSection 44923(a)(4) of title 49, United States Code, is amended— (A) by striking and at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and. (2) Authorization of appropriations \nSection 44923(i)(1) of such title is amended by striking $250,000,000 for each of fiscal years 2004 through 2007 and inserting $250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007.", "id": "HD615E7EFBBEF40A9AA46D3001E9C007B", "header": "Provision for the use of biometric or other technology", "nested": [ { "text": "(a) Use of biometric technology \nSection 44903(h) of title 49, United States Code, is amended— (1) in paragraph (4)(E) by striking may provide for and inserting shall issue, not later than 120 days after the date of enactment of paragraph (5), guidance for ; and (2) by adding at the end the following: (5) Use of biometric technology in airport access control systems \nIn issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with representatives of the aviation industry, the biometrics industry, and the National Institute of Standards and Technology, shall establish, at a minimum— (A) comprehensive technical and operational system requirements and performance standards for the use of biometrics in airport access control systems (including airport perimeter access control systems) to ensure that the biometric systems are effective, reliable, and secure; (B) a list of products and vendors that meet such requirements and standards; (C) procedures for implementing biometric systems— (i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and (ii) to resolve failures to enroll, false matches, and false non-matches; and (D) best practices for incorporating biometric technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. (6) Use of biometric technology for law enforcement officer travel \n(A) In general \nNot later than 120 days after the date of enactment of this paragraph, the Assistant Secretary shall— (i) establish a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; (ii) establish a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; (iii) establish procedures— (I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential; (II) to resolve failures to enroll, false matches, and false non-matches relating to use of the travel credential; and (III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use; (iv) begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized by the Assistant Secretary to carry a weapon on board an aircraft; and (v) take such other actions with respect to the travel credential as the Secretary considers appropriate. (B) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this paragraph. (7) Definitions \nIn this subsection, the following definitions apply: (A) Biometric information \nThe term biometric information means the distinct physical or behavioral characteristics that are used for identification, or verification of the identity, of an individual. (B) Biometrics \nThe term biometrics means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. (C) Failure to enroll \nThe term failure to enroll means the inability of an individual to enroll in a biometric system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric information, or other factors. (D) False match \nThe term false match means the incorrect matching of one individual’s biometric information to another individual’s biometric information by a biometric system. (E) False non-match \nThe term false non-match means the rejection of a valid identity by a biometric system. (F) Secure area of an airport \nThe term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section)..", "id": "H996C40AA24EC4DEEBDB2CC76910082AE", "header": "Use of biometric technology", "nested": [], "links": [ { "text": "Section 44903(h)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" } ] }, { "text": "(b) Funding for use of biometric technology in airport access control systems \n(1) Grant authority \nSection 44923(a)(4) of title 49, United States Code, is amended— (A) by striking and at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and. (2) Authorization of appropriations \nSection 44923(i)(1) of such title is amended by striking $250,000,000 for each of fiscal years 2004 through 2007 and inserting $250,000,000 for fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal years 2006 and 2007.", "id": "H8AB0AD224CB84749AFB279E8F639827E", "header": "Funding for use of biometric technology in airport access control systems", "nested": [], "links": [ { "text": "Section 44923(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/49/44923" } ] } ], "links": [ { "text": "Section 44903(h)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" }, { "text": "Section 44923(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/49/44923" } ] }, { "text": "2. Checked baggage security screening \n(a) In General \nSubchapter I of chapter 449 of title 49 United States Code, is amended by adding at the end the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items \n(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes. (b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination. (d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including— (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties. (e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users. (f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section. (g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.. (b) Clerical Amendment \nThe analysis for such chapter is amended by inserting after the item relating to section 44924 the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items.", "id": "HA65DA84C2C11411BB7EEF75128C5FE1F", "header": "Checked baggage security screening", "nested": [ { "text": "(a) In General \nSubchapter I of chapter 449 of title 49 United States Code, is amended by adding at the end the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items \n(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes. (b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination. (d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including— (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties. (e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users. (f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section. (g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11..", "id": "H33B29F62221E4EF695382730C05913CF", "header": "In General", "nested": [], "links": [ { "text": "chapter 449", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/449" } ] }, { "text": "(b) Clerical Amendment \nThe analysis for such chapter is amended by inserting after the item relating to section 44924 the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items.", "id": "H4C0EF38890224B169B4E7915EEC97893", "header": "Clerical Amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 449", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/449" } ] }, { "text": "44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items \n(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes. (b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination. (d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including— (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties. (e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users. (f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section. (g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.", "id": "H36FE35438B004A2A8CC188B8C0053753", "header": "Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items", "nested": [ { "text": "(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes.", "id": "H0470FD9706674B5CBEC50490F48E1E92", "header": "General authority", "nested": [], "links": [] }, { "text": "(b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport.", "id": "HE824F0649F0B4BB3B7CA29CB76EC9E8E", "header": "Required findings", "nested": [], "links": [] }, { "text": "(c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination.", "id": "H891F85CE55F042608000706872956D54", "header": "Ending contract", "nested": [], "links": [] }, { "text": "(d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including— (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties.", "id": "H6C87D6E1F4E54852BDD9FE6F731E1022", "header": "Contract provisions", "nested": [], "links": [] }, { "text": "(e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users.", "id": "HE1C33DFCA41C4992970275A0D853155", "header": "System design", "nested": [], "links": [] }, { "text": "(f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section.", "id": "H92229E63957341FDA8FBA99BF515B044", "header": "Priority consideration", "nested": [], "links": [] }, { "text": "(g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.", "id": "H977E4B4D0D214A849FF0E536002CBDEF", "header": "Scoring", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Aviation security capital fund \n(a) In general \nSection 44923(h)(1) of title 49, United States Code, is amended— (1) by striking in each of fiscal years 2004 and inserting in fiscal year 2004 and the first $500,000,000 derived from such fees in each of fiscal years 2005 ; and (2) by striking in each of such fiscal years and inserting in fiscal year 2004 and at least $500,000,000 in each of fiscal years 2005 through 2007. (b) Discretionary grants \nSection 44923(h)(3) of such title is amended by inserting after $125,000,000 the following: for fiscal year 2004 and $375,000,000 for each of fiscal years 2005 through 2007.", "id": "H644EE2EAA5B44D458595773018300869", "header": "Aviation security capital fund", "nested": [ { "text": "(a) In general \nSection 44923(h)(1) of title 49, United States Code, is amended— (1) by striking in each of fiscal years 2004 and inserting in fiscal year 2004 and the first $500,000,000 derived from such fees in each of fiscal years 2005 ; and (2) by striking in each of such fiscal years and inserting in fiscal year 2004 and at least $500,000,000 in each of fiscal years 2005 through 2007.", "id": "H1C994F23234F4EFAA1A891E0E44C2B73", "header": "In general", "nested": [], "links": [ { "text": "Section 44923(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/44923" } ] }, { "text": "(b) Discretionary grants \nSection 44923(h)(3) of such title is amended by inserting after $125,000,000 the following: for fiscal year 2004 and $375,000,000 for each of fiscal years 2005 through 2007.", "id": "HF76D775A2DC64E90A64D28C03EA411C8", "header": "Discretionary grants", "nested": [], "links": [] } ], "links": [ { "text": "Section 44923(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/44923" } ] }, { "text": "4. Transportation security strategic planning \nSection 44904 of title 49, United States Code, is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: (c) Transportation security strategic planning \n(1) In general \nThe Secretary of Homeland Security shall prepare and update, as needed, a transportation sector specific plan and transportation modal security plans in accordance with this section. (2) Contents \nAt a minimum, the modal security plan for aviation prepared under paragraph (1) shall— (A) set risk-based priorities for defending aviation assets; (B) select the most practical and cost-effective methods for defending aviation assets; (C) assign roles and missions to Federal, State, regional, and local authorities and to stakeholders; (D) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and (E) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat. (3) Reports \nNot later than 180 days after the date of enactment of the subsection and annually thereafter, the Secretary shall submit 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 containing the plans prepared under paragraph (1), including any updates to the plans. The report may be submitted in a classified format. (d) Operational criteria \nNot later than 90 days after the date of submission of the report under subsection (c)(3), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and operations against the threat identified in the plans prepared under subsection (c)(1) and shall approve best practices guidelines for airport assets..", "id": "HC14836C728C94164AD9357F37E4238DA", "header": "Transportation security strategic planning", "nested": [], "links": [ { "text": "Section 44904", "legal-doc": "usc", "parsable-cite": "usc/49/44904" } ] }, { "text": "5. Next generation airline passenger prescreening \n(a) In general \nSection 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following: (C) Next generation airline passenger prescreening \n(i) Commencement of testing \nNot later than November 1, 2004, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of a next generation passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger name records to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government. (ii) Assumption of function \nNot later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall assume the performance of the passenger prescreening function of comparing passenger name records to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function. (iii) Requirements \nIn assuming performance of the function under clause (i), the Assistant Secretary shall— (I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the next generation passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system; (II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives; (III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented; (IV) establish sufficient operational safeguards to reduce the opportunities for abuse; (V) implement substantial security measures to protect the system from unauthorized access; (VI) adopt policies establishing effective oversight of the use and operation of the system; and (VII) ensure that there are no specific privacy concerns with the technological architecture of the system. (iv) Passenger name records \nNot later than 60 days after the completion of the testing of the next generation passenger prescreening system, the Assistant Secretary shall require air carriers to supply to the Assistant Secretary the passenger name records needed to begin implementing the next generation passenger prescreening system. (D) Screening of employees against watchlist \nThe Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before— (i) being certificated by the Federal Aviation Administration; (ii) being issued a credential for access to the secure area of an airport; or (iii) being issued a credential for access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport. (E) Appeal procedures \nThe Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under subparagraph (D) to appeal the determination and correct any erroneous information. (F) Definition \nIn this paragraph, the term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).. (b) GAO report \n(1) In general \nNot later than 90 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) assumes performance of the passenger prescreening function under section 44903(j)(2)(C)(ii) of title 49, United States Code, the Comptroller General shall submit to the appropriate congressional committees a report on the assumption of such function. The report may be submitted in a classified format. (2) Contents \nThe report under paragraph (1) shall address— (A) whether a system exists in the next generation passenger prescreening system whereby aviation passengers, determined to pose a threat and either delayed or prohibited from boarding their scheduled flights by the Transportation Security Administration, may appeal such a decision and correct erroneous information; (B) the sufficiency of identifying information contained in passenger name records and any government databases for ensuring that a large number of false positives will not result under the next generation passenger prescreening system in a significant number of passengers being treated as a threat mistakenly or in security resources being diverted; (C) whether the Transportation Security Administration stress tested the next generation passenger prescreening system; (D) whether an internal oversight board has been established in the Department of Homeland Security to monitor the next generation passenger prescreening system; (E) whether sufficient operational safeguards have been established to prevent the opportunities for abuse of the system; (F) whether substantial security measures are in place to protect the passenger prescreening database from unauthorized access; (G) whether policies have been adopted for the effective oversight of the use and operation of the system; (H) whether specific privacy concerns still exist with the system; and (I) whether appropriate life cycle cost estimates have been developed, and a benefit and cost analysis has been performed, for the system.", "id": "HDA1B60EF02E34614B69FB400C106CF1D", "header": "Next generation airline passenger prescreening", "nested": [ { "text": "(a) In general \nSection 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following: (C) Next generation airline passenger prescreening \n(i) Commencement of testing \nNot later than November 1, 2004, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of a next generation passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger name records to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government. (ii) Assumption of function \nNot later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall assume the performance of the passenger prescreening function of comparing passenger name records to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function. (iii) Requirements \nIn assuming performance of the function under clause (i), the Assistant Secretary shall— (I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the next generation passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system; (II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives; (III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented; (IV) establish sufficient operational safeguards to reduce the opportunities for abuse; (V) implement substantial security measures to protect the system from unauthorized access; (VI) adopt policies establishing effective oversight of the use and operation of the system; and (VII) ensure that there are no specific privacy concerns with the technological architecture of the system. (iv) Passenger name records \nNot later than 60 days after the completion of the testing of the next generation passenger prescreening system, the Assistant Secretary shall require air carriers to supply to the Assistant Secretary the passenger name records needed to begin implementing the next generation passenger prescreening system. (D) Screening of employees against watchlist \nThe Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before— (i) being certificated by the Federal Aviation Administration; (ii) being issued a credential for access to the secure area of an airport; or (iii) being issued a credential for access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport. (E) Appeal procedures \nThe Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under subparagraph (D) to appeal the determination and correct any erroneous information. (F) Definition \nIn this paragraph, the term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section)..", "id": "H6F8E9195518B4948883D72FD3C153E0", "header": "In general", "nested": [], "links": [ { "text": "Section 44903(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" } ] }, { "text": "(b) GAO report \n(1) In general \nNot later than 90 days after the date on which the Assistant Secretary of Homeland Security (Transportation Security Administration) assumes performance of the passenger prescreening function under section 44903(j)(2)(C)(ii) of title 49, United States Code, the Comptroller General shall submit to the appropriate congressional committees a report on the assumption of such function. The report may be submitted in a classified format. (2) Contents \nThe report under paragraph (1) shall address— (A) whether a system exists in the next generation passenger prescreening system whereby aviation passengers, determined to pose a threat and either delayed or prohibited from boarding their scheduled flights by the Transportation Security Administration, may appeal such a decision and correct erroneous information; (B) the sufficiency of identifying information contained in passenger name records and any government databases for ensuring that a large number of false positives will not result under the next generation passenger prescreening system in a significant number of passengers being treated as a threat mistakenly or in security resources being diverted; (C) whether the Transportation Security Administration stress tested the next generation passenger prescreening system; (D) whether an internal oversight board has been established in the Department of Homeland Security to monitor the next generation passenger prescreening system; (E) whether sufficient operational safeguards have been established to prevent the opportunities for abuse of the system; (F) whether substantial security measures are in place to protect the passenger prescreening database from unauthorized access; (G) whether policies have been adopted for the effective oversight of the use and operation of the system; (H) whether specific privacy concerns still exist with the system; and (I) whether appropriate life cycle cost estimates have been developed, and a benefit and cost analysis has been performed, for the system.", "id": "HABC5EAD8431C4B1989009E9D0428A6E", "header": "GAO report", "nested": [], "links": [ { "text": "section 44903(j)(2)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] } ], "links": [ { "text": "Section 44903(j)(2)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" }, { "text": "section 44903(j)(2)(C)(ii)", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "6. Deployment and use of explosive detection equipment at airport screening checkpoints \n(a) Nonmetallic weapons and explosives \nIn order to improve security, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall give priority to developing, testing, improving, and deploying technology at screening checkpoints at airports that will detect nonmetallic weapons and explosives on the person of individuals, in their clothing, or in their carry-on baggage or personal property and shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of nonmetallic weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft. (b) Strategic plan for deployment and use of explosive detection equipment at airport screening checkpoints \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Assistant Secretary shall transmit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection systems at airports to screen individuals and their carry-on baggage or personal property, including walk-through explosive detection portals, document scanners, shoe scanners, and any other explosive detection equipment for use at a screening checkpoint. The plan may be transmitted in a classified format. (2) Contents \nThe strategic plan shall include descriptions of the operational applications of explosive detection equipment at airport screening checkpoints, a deployment schedule and quantities of equipment needed to implement the plan, and funding needs for implementation of the plan, including a financing plan that provides for leveraging non-Federal funding.", "id": "HEE2EB7257AD64332B64EF9DD9B0029E7", "header": " Deployment and use of explosive detection equipment at airport screening checkpoints", "nested": [ { "text": "(a) Nonmetallic weapons and explosives \nIn order to improve security, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall give priority to developing, testing, improving, and deploying technology at screening checkpoints at airports that will detect nonmetallic weapons and explosives on the person of individuals, in their clothing, or in their carry-on baggage or personal property and shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of nonmetallic weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft.", "id": "H3B9B6D74810B423CB12DAE3528A241A5", "header": "Nonmetallic weapons and explosives", "nested": [], "links": [] }, { "text": "(b) Strategic plan for deployment and use of explosive detection equipment at airport screening checkpoints \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the Assistant Secretary shall transmit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection systems at airports to screen individuals and their carry-on baggage or personal property, including walk-through explosive detection portals, document scanners, shoe scanners, and any other explosive detection equipment for use at a screening checkpoint. The plan may be transmitted in a classified format. (2) Contents \nThe strategic plan shall include descriptions of the operational applications of explosive detection equipment at airport screening checkpoints, a deployment schedule and quantities of equipment needed to implement the plan, and funding needs for implementation of the plan, including a financing plan that provides for leveraging non-Federal funding.", "id": "H8157198D57B24105825872641141EE28", "header": "Strategic plan for deployment and use of explosive detection equipment at airport screening checkpoints", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Pilot program to evaluate use of blast-resistant cargo and baggage containers \n(a) In general \nBeginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device. (b) Incentives for participation in pilot program \n(1) In general \nAs part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft. (2) Applications \nTo volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires. (3) Types of assistance \nAssistance provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of blast-resistant containers and financial assistance to cover increased costs to the carriers associated with the use and maintenance of the containers, including increased fuel costs. (c) Report \nNot later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to appropriate congressional committees a report on the results of the pilot program. (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $2,000,000. Such sums shall remain available until expended.", "id": "H5D3E6383EA354E4BAAA7669CBDAF7CA5", "header": "Pilot program to evaluate use of blast-resistant cargo and baggage containers", "nested": [ { "text": "(a) In general \nBeginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device.", "id": "H530D12B2A72C4DE38C8399B626BCDC8C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Incentives for participation in pilot program \n(1) In general \nAs part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft. (2) Applications \nTo volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires. (3) Types of assistance \nAssistance provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of blast-resistant containers and financial assistance to cover increased costs to the carriers associated with the use and maintenance of the containers, including increased fuel costs.", "id": "H3616E8A9E7384EC69DE72F600F455C5", "header": "Incentives for participation in pilot program", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than one year after the date of enactment of this Act, the Assistant Secretary shall submit to appropriate congressional committees a report on the results of the pilot program.", "id": "H6614C33EF75A4816949D3E02E1CA5850", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $2,000,000. Such sums shall remain available until expended.", "id": "HE92E9CDCFD7C41CC97F600EFF205009B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Air cargo screening technology \nThe Transportation Security Administration shall develop technology to better identify, track, and screen air cargo.", "id": "H6C21BE0688BD4809AB583FB634D9E2DA", "header": "Air cargo screening technology", "nested": [], "links": [] }, { "text": "9. Airport checkpoint screening explosive detection \nSection 44940 of title 49, United States Code, is amended by adding at the end the following: (i) Checkpoint Screening Security Fund \n(1) Establishment \nThere is established in the Department of Homeland Security a fund to be known as the Checkpoint Screening Security Fund. (2) Deposits \nIn each of fiscal years 2005 and 2006, after amounts are made available under section 44923(h), the next $30,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund. (3) Fees \nThe Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $30,000,000 in each of fiscal years 2005 and 2006 for deposit into the Fund. (4) Availability of amounts \nAmounts in the Fund shall be available for the purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives..", "id": "HB180EFB3153F43D79BAFE770BA36B0CC", "header": "Airport checkpoint screening explosive detection", "nested": [], "links": [ { "text": "Section 44940", "legal-doc": "usc", "parsable-cite": "usc/49/44940" } ] }, { "text": "10. Next generation security checkpoint \n(a) Pilot program \nThe Transportation Security Administration shall develop, not later than 120 days after the date of enactment of this Act, and conduct a pilot program to test, integrate, and deploy next generation security checkpoint screening technology at not less than 5 airports in the United States. (b) Human factor studies \nThe Administration shall conduct human factors studies to improve screener performance as part of the pilot program under subsection (a).", "id": "H57554376DD414F90A57FEF94443CCA59", "header": "Next generation security checkpoint", "nested": [ { "text": "(a) Pilot program \nThe Transportation Security Administration shall develop, not later than 120 days after the date of enactment of this Act, and conduct a pilot program to test, integrate, and deploy next generation security checkpoint screening technology at not less than 5 airports in the United States.", "id": "H1F0DF795D89C45CBB12F25402FDDA401", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Human factor studies \nThe Administration shall conduct human factors studies to improve screener performance as part of the pilot program under subsection (a).", "id": "H6B05E870847F44BEA94082D2ED37EC26", "header": "Human factor studies", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Penalty for failure to secure cockpit door \n(a) Civil penalty \nSection 46301(a) of title 49, United States Code, is amended by adding at the end the following: (6) Penalty for failure to secure flight deck door \nAny person holding a part 119 certificate under part of title 14, Code of Federal Regulations, is liable to the Government for a civil penalty of not more than $25,000 for each violation, by the pilot in command of an aircraft owned or operated by such person, of any Federal regulation that requires that the flight deck door be closed and locked when the aircraft is being operated.. (b) Technical corrections \n(1) Compromise and setoff for false information \nSection 46302(b) of such title is amended by striking Secretary of Transportation and inserting Secretary of the Department of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,. (2) Carrying a weapon \nSection 46303 of such title is amended— (A) in subsection (b) by striking Secretary of Transportation and inserting Secretary of Homeland Security ; and (B) in subsection (c)(2) by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security. (3) Administrative imposition of penalties \nSection 46301(d) of such title is amended— (A) in the first sentence of paragraph (2) by striking 46302, 46303, and inserting 46302 (for a violation relating to section 46504), ; and (B) in the second sentence of paragraph (2)— (i) by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security ; and (ii) by striking 44909) and inserting 44909), 46302 (except for a violation relating to section 46504), 46303, ; (C) in each of paragraphs (2), (3), and (4) by striking Under Secretary or and inserting Secretary of Homeland Security ; and (D) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.", "id": "H621A44B9C8A048DBA86FFCDBF4E45586", "header": "Penalty for failure to secure cockpit door", "nested": [ { "text": "(a) Civil penalty \nSection 46301(a) of title 49, United States Code, is amended by adding at the end the following: (6) Penalty for failure to secure flight deck door \nAny person holding a part 119 certificate under part of title 14, Code of Federal Regulations, is liable to the Government for a civil penalty of not more than $25,000 for each violation, by the pilot in command of an aircraft owned or operated by such person, of any Federal regulation that requires that the flight deck door be closed and locked when the aircraft is being operated..", "id": "H83A47FEAE6494F15B3C759EFDE25E735", "header": "Civil penalty", "nested": [], "links": [ { "text": "Section 46301(a)", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] }, { "text": "(b) Technical corrections \n(1) Compromise and setoff for false information \nSection 46302(b) of such title is amended by striking Secretary of Transportation and inserting Secretary of the Department of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,. (2) Carrying a weapon \nSection 46303 of such title is amended— (A) in subsection (b) by striking Secretary of Transportation and inserting Secretary of Homeland Security ; and (B) in subsection (c)(2) by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security. (3) Administrative imposition of penalties \nSection 46301(d) of such title is amended— (A) in the first sentence of paragraph (2) by striking 46302, 46303, and inserting 46302 (for a violation relating to section 46504), ; and (B) in the second sentence of paragraph (2)— (i) by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security ; and (ii) by striking 44909) and inserting 44909), 46302 (except for a violation relating to section 46504), 46303, ; (C) in each of paragraphs (2), (3), and (4) by striking Under Secretary or and inserting Secretary of Homeland Security ; and (D) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.", "id": "H4739CC1B6EC64FE8931E3B4689EC8BEB", "header": "Technical corrections", "nested": [], "links": [] } ], "links": [ { "text": "Section 46301(a)", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] }, { "text": "12. Federal air marshal anonymity \nThe Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue to develop operational initiatives to protect the anonymity of Federal air marshals.", "id": "H40A20B7C51AC4627B2CE36CA66FABD15", "header": "Federal air marshal anonymity", "nested": [], "links": [] }, { "text": "13. Federal law enforcement in-flight counterterrorism training \nThe Assistant Secretary for Immigration and Customs Enforcement and the Director of Federal Air Marshal Service of the Department of Homeland Security, in coordination with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall make available appropriate in-flight counterterrorism procedures and tactics training to Federal law enforcement officers who fly while on duty.", "id": "H1F46915D18C64223A136A642127655D8", "header": "Federal law enforcement in-flight counterterrorism training", "nested": [], "links": [] }, { "text": "14. Federal flight deck officer weapon carriage pilot program \n(a) In general \nNot later than 90 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. The Assistant Secretary may prescribe any training, equipment, or procedures that the Assistant Secretary determines necessary to ensure safety and maximize weapon retention. (b) Review \nNot later than 1 year after the date of initiation of the pilot program, the Assistant Secretary shall conduct a review of the safety record of the pilot program and transmit a report on the results of the review to the appropriate congressional committees. (c) Option \nIf the Assistant Secretary as part of the review under subsection (b) determines that the safety level obtained under the pilot program is comparable to the safety level determined under existing methods of pilots carrying firearms on aircraft, the Assistant Secretary shall allow all pilots participating in the Federal flight deck officer program the option of carrying their firearm on their person subject to such requirements as the Assistant Secretary determines appropriate.", "id": "H5E79CB22C0FC4A5684E900AA9DF4CD5", "header": "Federal flight deck officer weapon carriage pilot program", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. The Assistant Secretary may prescribe any training, equipment, or procedures that the Assistant Secretary determines necessary to ensure safety and maximize weapon retention.", "id": "H700689D0F0ED4A01B822DFEA49EDE73", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review \nNot later than 1 year after the date of initiation of the pilot program, the Assistant Secretary shall conduct a review of the safety record of the pilot program and transmit a report on the results of the review to the appropriate congressional committees.", "id": "H80E4E7D3FACE409795846DD887A5E1CF", "header": "Review", "nested": [], "links": [] }, { "text": "(c) Option \nIf the Assistant Secretary as part of the review under subsection (b) determines that the safety level obtained under the pilot program is comparable to the safety level determined under existing methods of pilots carrying firearms on aircraft, the Assistant Secretary shall allow all pilots participating in the Federal flight deck officer program the option of carrying their firearm on their person subject to such requirements as the Assistant Secretary determines appropriate.", "id": "H85C7EF59BC8646BF83D16400C5322835", "header": "Option", "nested": [], "links": [] } ], "links": [] }, { "text": "15. International agreements to allow maximum deployment of Federal flight deck officers \nThe President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals and Federal flight deck officers on international flights.", "id": "H7841A51BA7E64CBE8B39975200779752", "header": "International agreements to allow maximum deployment of Federal flight deck officers", "nested": [], "links": [] }, { "text": "16. Registered traveler program \nThe Transportation Security Administration shall expedite implementation of the registered traveler program.", "id": "HE37779D343584A81A425C5738B4665B", "header": "Registered traveler program", "nested": [], "links": [] }, { "text": "17. Wireless communication \n(a) Study \nThe Transportation Security Administration, in consultation with the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly notify the pilot in the case of a security breach or safety issue occurring in the cabin. (b) Matters to be considered \nIn conducting the study, the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard aircraft for flight crew communication. (c) Report \nNot later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall submit to the appropriate congressional committees a report on the results of the study.", "id": "HC769BF1B75C04E9FBF29946D4E36CA86", "header": "Wireless communication", "nested": [ { "text": "(a) Study \nThe Transportation Security Administration, in consultation with the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly notify the pilot in the case of a security breach or safety issue occurring in the cabin.", "id": "H21F3293FE20A4E1EB24C494DA9A005D", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Matters to be considered \nIn conducting the study, the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard aircraft for flight crew communication.", "id": "H4A0B36B2ED3247FD941FFF6B96031DC0", "header": "Matters to be considered", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall submit to the appropriate congressional committees a report on the results of the study.", "id": "H938CC7B22BEA41BA8C300002FA44D2DA", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "18. Secondary flight deck barriers \nNot later than 6 months after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall transmit to the appropriate congressional committees a report on the costs and benefits associated with the use of secondary flight deck barriers and whether the use of such barriers should be mandated for all air carriers. The Assistant Secretary may transmit the report in a classified format.", "id": "H3207720AC16341AF8C226936DB32D15E", "header": "Secondary flight deck barriers", "nested": [], "links": [] }, { "text": "19. Extension \nSection 48301(a) of title 49, United States Code, is amended by striking and 2005 and inserting 2005, and 2006.", "id": "H118E205E89844CC8A3634174A85FD61B", "header": "Extension", "nested": [], "links": [ { "text": "Section 48301(a)", "legal-doc": "usc", "parsable-cite": "usc/49/48301" } ] }, { "text": "20. Under secretary for local government and tourism of the Department of Homeland Security \n(a) Establishment of under secretary for local government and tourism \nSection 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended— (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (2) by inserting after paragraph (5) the following: (6) An Under Secretary for Local Government and Tourism.. (b) Functions \nSuch Act is further amended— (1) in section 102(c) ( 6 U.S.C. 112(c) ) by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Under Secretary for Local Government and Tourism ; (2) in section 102(f) ( 6 U.S.C. 112(f) ) by striking the subsection designator and all that precedes paragraph (1) and inserting the following: (f) Under secretary for local government and tourism \nThe Under Secretary for Local Government and Tourism shall be responsible for ; (3) in section 801(a) ( 6 U.S.C. 361(a) )— (A) by striking in the Office of the Secretary ; and (B) by adding at the end the following: The Under Secretary for Local Government and Tourism shall be the head of the Office. ; and (4) in section 801(b) by striking The Office established under this section and inserting The Under Secretary for Local Government and Tourism, acting through the Office,.", "id": "H1895C4C3E0F544A19FBD19EB53404775", "header": "Under secretary for local government and tourism of the Department of Homeland Security", "nested": [ { "text": "(a) Establishment of under secretary for local government and tourism \nSection 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended— (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (2) by inserting after paragraph (5) the following: (6) An Under Secretary for Local Government and Tourism..", "id": "H75C14EF629FD4A919509B5F83561B0A4", "header": "Establishment of under secretary for local government and tourism", "nested": [], "links": [ { "text": "6 U.S.C. 113(a)", "legal-doc": "usc", "parsable-cite": "usc/6/113" } ] }, { "text": "(b) Functions \nSuch Act is further amended— (1) in section 102(c) ( 6 U.S.C. 112(c) ) by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Under Secretary for Local Government and Tourism ; (2) in section 102(f) ( 6 U.S.C. 112(f) ) by striking the subsection designator and all that precedes paragraph (1) and inserting the following: (f) Under secretary for local government and tourism \nThe Under Secretary for Local Government and Tourism shall be responsible for ; (3) in section 801(a) ( 6 U.S.C. 361(a) )— (A) by striking in the Office of the Secretary ; and (B) by adding at the end the following: The Under Secretary for Local Government and Tourism shall be the head of the Office. ; and (4) in section 801(b) by striking The Office established under this section and inserting The Under Secretary for Local Government and Tourism, acting through the Office,.", "id": "HD1F79E60A1D74B13B62E4668B9EC1FE4", "header": "Functions", "nested": [], "links": [ { "text": "6 U.S.C. 112(c)", "legal-doc": "usc", "parsable-cite": "usc/6/112" }, { "text": "6 U.S.C. 112(f)", "legal-doc": "usc", "parsable-cite": "usc/6/112" }, { "text": "6 U.S.C. 361(a)", "legal-doc": "usc", "parsable-cite": "usc/6/361" } ] } ], "links": [ { "text": "6 U.S.C. 113(a)", "legal-doc": "usc", "parsable-cite": "usc/6/113" }, { "text": "6 U.S.C. 112(c)", "legal-doc": "usc", "parsable-cite": "usc/6/112" }, { "text": "6 U.S.C. 112(f)", "legal-doc": "usc", "parsable-cite": "usc/6/112" }, { "text": "6 U.S.C. 361(a)", "legal-doc": "usc", "parsable-cite": "usc/6/361" } ] }, { "text": "21. Federal air marshal training \nSection 44917 of title 49, United States Code, is amended by adding at the end the following: (d) Training For Foreign Law Enforcement Personnel \n(1) In General \nThe Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries. (2) Watchlist Screening \nThe Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign countries after comparing the identifying information and records of law enforcement personnel of foreign countries against appropriate records in the consolidated and integrated terrorist watchlists of the Federal Government. (3) Fees \nThe Assistant Secretary shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Assistant Secretary for purposes for which amounts in such account are available..", "id": "H8272D4560BDE4BE585ACB976739B1048", "header": " Federal air marshal training", "nested": [], "links": [ { "text": "Section 44917", "legal-doc": "usc", "parsable-cite": "usc/49/44917" } ] }, { "text": "22. Perimeter Security \n(a) Report \nNot later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with airport operators and law enforcement authorities, shall develop and submit to the appropriate congressional committee a report on airport perimeter security. The report may be submitted in a classified format. (b) Contents \nThe report shall include— (1) an examination of the feasibility of access control technologies and procedures, including the use of biometrics and other methods of positively identifying individuals prior to entry into secure areas of airports, and provide best practices for enhanced perimeter access control techniques; and (2) an assessment of the feasibility of physically screening all individuals prior to entry into secure areas of an airport and additional methods for strengthening the background vetting process for all individuals credentialed to gain access to secure areas of airports.", "id": "HCA09E2A8DFB64CBBA86DBA7527F887B6", "header": "Perimeter Security", "nested": [ { "text": "(a) Report \nNot later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with airport operators and law enforcement authorities, shall develop and submit to the appropriate congressional committee a report on airport perimeter security. The report may be submitted in a classified format.", "id": "HEA78A1284EA445D08B33966FA1378D63", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report shall include— (1) an examination of the feasibility of access control technologies and procedures, including the use of biometrics and other methods of positively identifying individuals prior to entry into secure areas of airports, and provide best practices for enhanced perimeter access control techniques; and (2) an assessment of the feasibility of physically screening all individuals prior to entry into secure areas of an airport and additional methods for strengthening the background vetting process for all individuals credentialed to gain access to secure areas of airports.", "id": "HE0EFB0A2DD8F4576AD6DA1FE0022D179", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "23. Man-portable air defense systems (MANPADs) \n(a) United States policy on nonproliferation and export control \n(1) To limit availability and transfer of MANPADS \nThe President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide. (2) To limit the proliferation of manpads \nThe President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would— (A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement; (B) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and (C) prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained. (3) 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 MANPADSs worldwide. (4) Reporting and briefing requirement \n(A) President’s report \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 paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office set forth in its report GAO-04-519, entitled Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems. (B) Annual briefings \nAnnually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts. (b) FAA airworthiness certification of missile defense systems for commercial aircraft \n(1) In general \nAs soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity. (2) 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 functional to defend commercial aircraft against MANPADSs. (3) Expeditious certification \nUnder the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security. (4) Reports \nNot later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, 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 each airworthiness and safety certification issued for a missile defense system for commercial aircraft. (c) Programs to reduce MANPADS \n(1) 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. (2) 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. (3) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this section. (d) MANPADS vulnerability assessments report \n(1) 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. (2) Matters to be addressed \nThe Secretary’s report shall address, at a minimum, the following: (A) The status of the Department’s efforts to conduct MANPADS vulnerability assessments at United States airports at which the Department is conducting assessments. (B) 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. (C) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports. (D) 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. (E) Any other issues that the Secretary deems relevant. (3) Format \nThe report required by this subsection may be submitted in a classified format. (e) Definitions \nIn this section, 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— (A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.", "id": "H392D5272AE554395973FE0537382801C", "header": " Man-portable air defense systems (MANPADs)", "nested": [ { "text": "(a) United States policy on nonproliferation and export control \n(1) To limit availability and transfer of MANPADS \nThe President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide. (2) To limit the proliferation of manpads \nThe President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would— (A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement; (B) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and (C) prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained. (3) 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 MANPADSs worldwide. (4) Reporting and briefing requirement \n(A) President’s report \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 paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office set forth in its report GAO-04-519, entitled Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems. (B) Annual briefings \nAnnually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts.", "id": "H7B7D1E70A1C64048BB009388E48B6E1F", "header": "United States policy on nonproliferation and export control", "nested": [], "links": [] }, { "text": "(b) FAA airworthiness certification of missile defense systems for commercial aircraft \n(1) In general \nAs soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity. (2) 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 functional to defend commercial aircraft against MANPADSs. (3) Expeditious certification \nUnder the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security. (4) Reports \nNot later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, 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 each airworthiness and safety certification issued for a missile defense system for commercial aircraft.", "id": "H6784FB8C4EE64560AA115DCEF4ECA37B", "header": "FAA airworthiness certification of missile defense systems for commercial aircraft", "nested": [], "links": [] }, { "text": "(c) Programs to reduce MANPADS \n(1) 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. (2) 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. (3) Funding \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H418064F10AB44AA7A46B3F7576BAFF78", "header": "Programs to reduce MANPADS", "nested": [], "links": [] }, { "text": "(d) MANPADS vulnerability assessments report \n(1) 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. (2) Matters to be addressed \nThe Secretary’s report shall address, at a minimum, the following: (A) The status of the Department’s efforts to conduct MANPADS vulnerability assessments at United States airports at which the Department is conducting assessments. (B) 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. (C) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports. (D) 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. (E) Any other issues that the Secretary deems relevant. (3) Format \nThe report required by this subsection may be submitted in a classified format.", "id": "H403F413249174FCCBDD37EE99C7F300", "header": "MANPADS vulnerability assessments report", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section, 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— (A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.", "id": "H38ADC483E324475C9548093687135FE1", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "24. Definitions \nIn this Act (other than section 23), the following definitions apply: (1) Appropriate congressional committee \nThe term appropriate congressional committees means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Air carrier \nThe term air carrier has the meaning such term has under section 40102 of title 49, United States Code. (3) Secure area of an airport \nThe term secure area of an airport means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).", "id": "H4FB66EA23DBE43128B427E566EAF3FD", "header": "Definitions", "nested": [], "links": [ { "text": "section 40102", "legal-doc": "usc", "parsable-cite": "usc/49/40102" }, { "text": "section 1540.5", "legal-doc": "cfr", "parsable-cite": "cfr/49/1540.5" } ] } ]

[ "Access to airports", "Administrative procedure", "Administrative remedies", "Air cargo", "Aircraft pilots", "Airline employees", "Airline passenger traffic", "Airlines", "Airports", "Antiaircraft missiles", "Armed Forces and National Security", "Arms control", "Arms control agreements", "Authorization", "Aviation safety", "Civil Rights and Liberties, Minority Issues", "Commerce", "Commercial aircraft", "Computer matching", "Computer security measures", "Congress", "Congressional investigations", "Congressional reporting requirements", "Cost accounting", "Cost effectiveness", "Crime and Law Enforcement", "Criminal justice information", "Data banks", "Department of Homeland Security", "EBB Terrorism", "Economics and Public Finance", "Electronic government information", "Emergency Management", "Emergency communication systems", "Executive reorganization", "Explosions", "Explosives", "Federal aid to transportation", "Federal law enforcement officers", "Federal-local relations", "Federal-state relations", "Fees", "Fines (Penalties)", "Flight crews", "Government Operations and Politics", "Government paperwork", "Government trust funds", "Health", "Human engineering", "Identification devices", "Identification of criminals", "Infrastructure", "International Affairs", "International cooperation", "Labor and Employment", "Law", "Law enforcement officers", "Leases", "Packaging", "Police", "Police training", "Right of privacy", "Risk", "Science, Technology, Communications", "Security measures", "Standards", "Strategic planning", "Subsidies", "Technological innovations", "Terrorism", "Tourism", "Transportation engineering", "Transportation planning", "Treaties", "User charges", "Weapons", "Wireless communication" ]

[ { "text": "1. Short title \nThis Act may be cited as the or the.", "id": "HA5FF8A904D924FEB98238E4D8454B108", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Homeland security public transportation grants \n(a) Authorization \nThe Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security— (1) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (2) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (3) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards. (b) Considerations \nAmong the considerations on which grants shall be awarded are the following: (1) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (2) Merits of the proposed projects to increase national security, based on a consideration of— (A) threats; (B) vulnerabilities; (C) consequences, including human casualties and economic impacts; (D) consequence management; (E) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (F) feasibility, based on the technical and operational merits of the projects. (c) Allowable use of funds \nGrants made under this section shall be used for the purposes of— (1) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (2) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (3) increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (4) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (5) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (6) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (7) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (8) expansion of employee education and public awareness campaigns regarding security on public transportation systems. (d) Eligible recipients \nGrants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (e) Accountability \nThe Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. (f) Procedures for grant award \nThe Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (g) Cost share \nGrants made under this section shall account for no more than— (1) 85 percent for fiscal year 2005; (2) 80 percent for fiscal year 2006; and (3) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used. (h) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out the purposes of this section— (1) $1,200,000,000 for fiscal year 2005; (2) $900,000,000 for fiscal year 2006; and (3) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "HFF8A11B52AD84C948CA4001B36815F00", "header": "Homeland security public transportation grants", "nested": [ { "text": "(a) Authorization \nThe Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security— (1) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (2) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (3) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards.", "id": "HF6590FF315514B15B26E3021A359F4D7", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Considerations \nAmong the considerations on which grants shall be awarded are the following: (1) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (2) Merits of the proposed projects to increase national security, based on a consideration of— (A) threats; (B) vulnerabilities; (C) consequences, including human casualties and economic impacts; (D) consequence management; (E) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (F) feasibility, based on the technical and operational merits of the projects.", "id": "HB7532DE9A4EE45DEB9D0F600F21C3733", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Allowable use of funds \nGrants made under this section shall be used for the purposes of— (1) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (2) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (3) increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (4) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (5) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (6) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (7) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (8) expansion of employee education and public awareness campaigns regarding security on public transportation systems.", "id": "HBBC3F47E6E8743C8BC16BCC0E02CD9E4", "header": "Allowable use of funds", "nested": [], "links": [] }, { "text": "(d) Eligible recipients \nGrants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary.", "id": "H722C54AC5B2E4C4C88093052B3D2E97", "header": "Eligible recipients", "nested": [], "links": [] }, { "text": "(e) Accountability \nThe Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States.", "id": "H5B07770B7798413DB7DB65EB91C4D296", "header": "Accountability", "nested": [], "links": [] }, { "text": "(f) Procedures for grant award \nThe Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act.", "id": "H88F0C6807F054338B162C3D200A291CD", "header": "Procedures for grant award", "nested": [], "links": [] }, { "text": "(g) Cost share \nGrants made under this section shall account for no more than— (1) 85 percent for fiscal year 2005; (2) 80 percent for fiscal year 2006; and (3) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used.", "id": "HD0A6718C494044FDAA6BE7D6CA5F077F", "header": "Cost share", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out the purposes of this section— (1) $1,200,000,000 for fiscal year 2005; (2) $900,000,000 for fiscal year 2006; and (3) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "HEDFE3548C65C41AA892742B2D9AD3DE7", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Training exercises \n(a) Guidelines \nNot later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes. (b) Plans \nNot later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a). (c) Exercises \n(1) Requirement \nNot later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b). (2) Exemptions \nThe Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise. (3) Notice and report \nNot later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise. (d) Technical Assistance \nThe Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (e) Use of plans \nThe Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities.", "id": "H8093CBB90FFE40E5AB54008C9BFF5135", "header": "Training exercises", "nested": [ { "text": "(a) Guidelines \nNot later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes.", "id": "HDE21E079655342A99FDFFA6CCEDA4EE2", "header": "Guidelines", "nested": [], "links": [] }, { "text": "(b) Plans \nNot later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a).", "id": "H8D55E74BA4A3477BA7A6C52EFEC9EB36", "header": "Plans", "nested": [], "links": [] }, { "text": "(c) Exercises \n(1) Requirement \nNot later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b). (2) Exemptions \nThe Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise. (3) Notice and report \nNot later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise.", "id": "HB7D53D9E8907424FA6ED3664FC31C56F", "header": "Exercises", "nested": [], "links": [] }, { "text": "(d) Technical Assistance \nThe Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises.", "id": "H2679A86ECF794DA194C5BECE9C2077", "header": "Technical Assistance", "nested": [], "links": [] }, { "text": "(e) Use of plans \nThe Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities.", "id": "H20A39C87BC8E4D648CEF4942B8DA943", "header": "Use of plans", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Security best practices \nThe Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials.", "id": "H99726928B84F479599F3218FA31D0882", "header": "Security best practices", "nested": [], "links": [] }, { "text": "5. Public awareness \nNot later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this section.", "id": "H3ADC7202E4C74009B2C5B0611F93CF00", "header": "Public awareness", "nested": [], "links": [] }, { "text": "6. Security plan \n(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation’s public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall— (1) include a comprehensive assessment of risks to the Nation’s public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (2) take into account actions taken or planned by both public and private entities to address identified security issues; (3) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4); (4) make prioritized recommendations for improving public transportation system security; (5) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (6) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (7) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (8) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (9) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (b) Implementation \nThe Secretary shall begin implementation of the plan not later than 3 months after its development. (c) Consultation; use of existing resources \nIn developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (d) Format \nThe Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary. (e) 2-Year updates \nThe Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress.", "id": "HB1D66F7B1A674DB8B9569239F1008D57", "header": "Security plan", "nested": [ { "text": "(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation’s public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall— (1) include a comprehensive assessment of risks to the Nation’s public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (2) take into account actions taken or planned by both public and private entities to address identified security issues; (3) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4); (4) make prioritized recommendations for improving public transportation system security; (5) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (6) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (7) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (8) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (9) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress.", "id": "H88FF9397AFFA42BC937CE269DDDF4888", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Implementation \nThe Secretary shall begin implementation of the plan not later than 3 months after its development.", "id": "H8FFCDE7CC65F419FABA4DC7C38DBDF1", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Consultation; use of existing resources \nIn developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials.", "id": "HBD1139A45A724514A7E9C57602BC94A5", "header": "Consultation; use of existing resources", "nested": [], "links": [] }, { "text": "(d) Format \nThe Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary.", "id": "H936C497D27C04AB58F114B1DEAA51520", "header": "Format", "nested": [], "links": [] }, { "text": "(e) 2-Year updates \nThe Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress.", "id": "H89E5A22E34DC43A09E112881E367B7EE", "header": "2-Year updates", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Memorandum of Agreement \nNot later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security.", "id": "HE008F7D9B7944094984747F64710C694", "header": "Memorandum of Agreement", "nested": [], "links": [] }, { "text": "8. National Transportation Security Centers \n(a) Establishment \nThe Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures. (b) Criteria \nThe Secretary shall designate the Centers according to the following selection criteria: (1) The demonstrated commitment of the institution to transportation security issues. (2) The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories. (3) Capability to conduct both practical and theoretical research and technical systems analysis. (4) Utilization of intelligent transportation system technologies and architectures. (5) Ability to develop professional training programs. (6) Capability and willingness to conduct education of transportation security professionals. (7) Such other criteria that the Secretary may designate. (c) Funding \nThe Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section.", "id": "HECD3C8A41C3A490197FF58C9E29C8500", "header": "National Transportation Security Centers", "nested": [ { "text": "(a) Establishment \nThe Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures.", "id": "H7AC47220377B496C935C1CF2D5819935", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Criteria \nThe Secretary shall designate the Centers according to the following selection criteria: (1) The demonstrated commitment of the institution to transportation security issues. (2) The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories. (3) Capability to conduct both practical and theoretical research and technical systems analysis. (4) Utilization of intelligent transportation system technologies and architectures. (5) Ability to develop professional training programs. (6) Capability and willingness to conduct education of transportation security professionals. (7) Such other criteria that the Secretary may designate.", "id": "H1BE7A90252B74D9D0000D87234A005E", "header": "Criteria", "nested": [], "links": [] }, { "text": "(c) Funding \nThe Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section.", "id": "H75F5825624C846E296E48C0836BBDCC", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Whistleblower protection \n(a) In general \nNo employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security. (b) Application of Sarbanes-Oxley Act of 2002 Amendments \n(1) Civil action to protect against retaliation in fraud cases \nSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant \nSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.", "id": "HE99E580164054DBAB5BA21A8E21FDD06", "header": "Whistleblower protection", "nested": [ { "text": "(a) In general \nNo employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way— (1) because that person— (A) has commenced or caused to be commenced, or is about to commence; (B) has testified or is about to testify at; or (C) has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or (2) because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security.", "id": "H45C3D0752E7844648729EA41EB00E17", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application of Sarbanes-Oxley Act of 2002 Amendments \n(1) Civil action to protect against retaliation in fraud cases \nSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if— (A) an act or refusal to act described in subsection (a) were described in such section 1514A; and (B) a violation of subsection (a) were a violation of such section 1514A(a). (2) Retaliating against a witness, victim, or informant \nSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.", "id": "H1C6C7258527A4FCBA30725FB83D93868", "header": "Application of Sarbanes-Oxley Act of 2002 Amendments", "nested": [], "links": [ { "text": "Section 1514A", "legal-doc": "usc", "parsable-cite": "usc/18/1514A" }, { "text": "Section 1513(e)", "legal-doc": "usc", "parsable-cite": "usc/18/1513" } ] } ], "links": [ { "text": "Section 1514A", "legal-doc": "usc", "parsable-cite": "usc/18/1514A" }, { "text": "Section 1513(e)", "legal-doc": "usc", "parsable-cite": "usc/18/1513" } ] }, { "text": "10. Definition \nFor the purposes of this Act— (1) the term public transportation employees means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.", "id": "H962D29F3CFD74644B9DFF1132603300", "header": "Definition", "nested": [], "links": [] } ]

[ "Animals", "Armed Forces and National Security", "Biological warfare", "Bridges", "Cameras", "Capital investments", "Chemical warfare", "Civil Rights and Liberties, Minority Issues", "Civil actions and liability", "Closed-circuit television", "Colleges", "Congress", "Congressional reporting requirements", "Cost accounting", "Crime and Law Enforcement", "Disciplining of employees", "Discrimination in employment", "Dismissal of employees", "Dogs", "Drainage", "EBB Terrorism", "Economic impact statements", "Economics and Public Finance", "Education", "Electronic surveillance", "Emergency Management", "Emergency communication systems", "Emergency medicine", "Employee training", "Environmental Protection", "Equipment and supplies", "Evacuation of civilians", "Explosives", "Federal aid to education", "Federal aid to research", "Federal aid to transportation", "Finance and Financial Sector", "Fines (Penalties)", "Fire fighters", "Fire prevention", "Government Operations and Politics", "Government publicity", "Health", "Higher education", "Informers", "Infrastructure", "Labor and Employment", "Law", "Light rail transit", "Lighting", "Mass rapid transit", "Medical personnel", "Motor buses", "Nuclear terrorism", "Paramedical personnel", "Passenger ships", "Performance measurement", "Police", "Public service advertising", "Railroad commuting traffic", "Railroad passenger traffic", "Railroads", "Rescue work", "Research centers", "Risk", "Science, Technology, Communications", "Security measures", "Subways", "Systems analysis", "Technological innovations", "Terminals (Transportation)", "Terrorism", "Transportation engineering", "Transportation planning", "Transportation research", "Transportation safety", "Transportation workers", "Tunnels", "Whistle blowing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Meaningful Expression of Democracy in America Act or the MEDIA Act.", "id": "H1CBA7B5A44484629AE7FB0A3FAC7A1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) A broadcast license confers the right to use a valuable public resource and a broadcaster is therefore required to utilize that resource as a trustee for the American people. (2) There is a substantial governmental interest in conditioning the award or renewal of a broadcast license on the requirement that the license ensure the widest possible dissemination of information from diverse and antagonistic sources by presenting a reasonable opportunity for the discussion of conflicting views on issues of public importance. (3) Since the removal of the Fairness Doctrine standard in 1987, we have seen a polarization in America due to the dissemination of false and misleading information and the growing proliferation of highly partisan news outlets. (4) Democracy is built on the idea that the views, beliefs, and values of an informed citizenry are the best basis for political decision-making. (5) As journalist Bill Moyers said, A free and responsible government by popular consent just can't exist without an informed public... If free and independent journalism committed to telling the truth without fear or favor is suffocated, the oxygen goes out of democracy. (6) To restore the oxygen, there is broad public support for reestablishing requirements for balance in issue presentation over the public airwaves. (7) The Fairness Doctrine— (A) fairly reflects the statutory obligation of broadcasters under that Act to operate in the public interest; and (B) strikes a reasonable balance among the First Amendment rights of the public and broadcast licensees. (8) Our Founding Fathers created this democracy based on the right to debate ideas openly and make informed choices, and the lack of a balanced debate on issues of public importance threatens these ideals.", "id": "H7A861A7D2EEB4EC78BD2C535EC18EEA", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Amendment to the Communications Act of 1934 \nSection 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ) is amended— (1) by redesignating subsections (a) through (e) as subsections (b) through (f), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following new subsection: (a) Public interest obligation to cover publicly important issues \nA broadcast licensee shall afford reasonable opportunity for the discussion of conflicting views on issues of public importance. The enforcement and application of the requirement imposed by this subsection shall be consistent with the rules and policies of the Commission in effect on January 1, 1987..", "id": "HC79BD0EFB5A84BE0AE9F8B71224118E0", "header": "Amendment to the Communications Act of 1934", "nested": [], "links": [ { "text": "47 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/47/315" } ] }, { "text": "4. Effective date \nThis Act and the amendments made by this Act shall take effect upon the date of enactment of this Act.", "id": "HFFBCB5B17BAB47FBA51B987025C553DC", "header": "Effective date", "nested": [], "links": [] } ]

[ "Fairness doctrine", "Radio broadcasting", "Radio stations", "Television broadcasting", "Television stations" ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in California \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in California \nNo part of the MSA is in California..", "id": "H7CEEF702B6CE4226AD06F433C01C4D5", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in California", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–29(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-29" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "California", "Commerce", "Competitive bidding", "Finance and Financial Sector", "Government Operations and Politics", "Health insurance", "Health maintenance organizations", "Insurance premiums", "Managed care", "Medical economics", "Medical fees", "Medicare", "Metropolitan areas", "Rebates", "Social Welfare", "Urban affairs" ]

[ { "text": "1. Findings \nThe Congress finds as follows: (1) The Report and Recommendations of the Westchester County, New York, January B 2004 Grand Jury, entitled Returning Abused Children to their Abusers: How Westchester County's Child Protective System Fails the Children it Most Needs to Protect , identified 3 essential principles that should guide child services programs, namely, maintaining that the best interest of the child is paramount, ensuring continuity in case supervision with all relevant parties involved and all relevant information shared, and assigning special priority to the identification of high-risk cases. (2) Such report also observed that, because there is no direct way for the State of New York to report an individual's history of child abuse to another State, and a child may be placed at greater risk if an offender with an established history of child abuse moves to a State where his or her history is unknown, a national central register of cases of child abuse or neglect must be created. (3) 896,000 children were determined to be victims of child abuse or neglect in 2002. (4) The rate of victimization per 1,000 children in the national population has dropped from 13.4 children in 1990 to 12.3 children in 2002. (5) 1,400 children died due to child abuse or neglect in 2002. (6) A 2002 Department of Health and Human Services child and family services review suggests that difficulties States experience in preventing maltreatment recurrence may be due to inadequate identification of abusers. (7) When an individual is convicted of a crime in New York, police in California know and are able to identify the violator. Child abusers should be as easily identifiable for State and local child protective services. (8) Many States currently maintain a child maltreatment registry that collects information about maltreated children and individuals who were found to have abused or neglected children, in order to protect children from contact with individuals who may mistreat them. (9) Some States that maintain such registries are explicitly prohibited under State law from sharing this important data with other States.", "id": "H7D39C13948D94489A015B5BF87F33BD3", "header": "Findings", "nested": [], "links": [] }, { "text": "2. National register of cases of child abuse or neglect \n(a) In general \nThe Attorney General shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State. (b) Information \nThe register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected. (c) Scope of information \n(1) In general \n(A) Treatment of reports \nThe information to be provided to the Attorney General under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Attorney General under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded. (B) Exception \nIf a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Attorney General under this section shall be coextensive with that in such register. (2) Form \nInformation provided to the Attorney General under this section— (A) shall be in a standardized electronic form determined by the Attorney General; and (B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained. (d) Construction \nThis section shall not be construed to require a State or political subdivision of a State to modify— (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded. (e) Dissemination \nThe Attorney General shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child’s parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect. (f) Condition on receipt of funds \nCompliance under this section shall be a condition precedent to receipt of funds under section 107 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c ).", "id": "H8EF3F32FAAD7474C89BFE979CDCDBEE9", "header": "National register of cases of child abuse or neglect", "nested": [ { "text": "(a) In general \nThe Attorney General shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State.", "id": "HACC99F175B24435891A39B9432E790E3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Information \nThe register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected.", "id": "HAEE6EFAF49844167B5DC9D0727121CD4", "header": "Information", "nested": [], "links": [] }, { "text": "(c) Scope of information \n(1) In general \n(A) Treatment of reports \nThe information to be provided to the Attorney General under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Attorney General under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded. (B) Exception \nIf a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Attorney General under this section shall be coextensive with that in such register. (2) Form \nInformation provided to the Attorney General under this section— (A) shall be in a standardized electronic form determined by the Attorney General; and (B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained.", "id": "H6C95D4EEAF4B4C18AB74BE39022394CC", "header": "Scope of information", "nested": [], "links": [] }, { "text": "(d) Construction \nThis section shall not be construed to require a State or political subdivision of a State to modify— (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded.", "id": "HA334F01ACE594327B1007B0049F49541", "header": "Construction", "nested": [], "links": [] }, { "text": "(e) Dissemination \nThe Attorney General shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child’s parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect.", "id": "HC2ED99F962F948BD8F9806D98EC6DBBB", "header": "Dissemination", "nested": [], "links": [] }, { "text": "(f) Condition on receipt of funds \nCompliance under this section shall be a condition precedent to receipt of funds under section 107 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c ).", "id": "H00D55D039E794A8FB4BCC055527289BB", "header": "Condition on receipt of funds", "nested": [], "links": [ { "text": "42 U.S.C. 5106c", "legal-doc": "usc", "parsable-cite": "usc/42/5106c" } ] } ], "links": [ { "text": "42 U.S.C. 5106c", "legal-doc": "usc", "parsable-cite": "usc/42/5106c" } ] } ]

[ "Child abuse", "Civil Rights and Liberties, Minority Issues", "Confidential communications", "Criminal justice information", "Data banks", "Directories", "Economics and Public Finance", "Electronic government information", "Families", "Federal aid to law enforcement", "Federal-local relations", "Federal-state relations", "Government Operations and Politics", "Government paperwork", "Law", "Right of privacy", "Science, Technology, Communications" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE43FAB088906423D9E777F2EC57736FA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Cigarette ignited fires are the leading cause of fire deaths in the United States. (2) In 1999 there were 807 deaths from cigarette ignited fires, 2,193 civilian injuries from such fires, and $559,100,000 in property damage caused by such fires. (3) Nearly 100 children are killed each year from cigarette related fires. (4) For over 20 years former Member of Congress Joseph Moakley worked on behalf of burn victims, firefighters, and every individual who has lost a loved one in a fire. By securing enactment of the Cigarette Safety Act of 1984 and the Fire Safe Cigarette Act of 1990, Joseph Moakley completed the necessary technical work for a cigarette fire safety standard and paved the way for a national standard. (5) It is appropriate for the Congress to require by law the establishment of a cigarette fire safety standard for the manufacture and importation of cigarettes. (6) A recent study by the Consumer Product Safety Commission found that the cost of the loss of human life and personal property from not having a cigarette fire safety standard is $4,600,000,000 per year. (7) It is appropriate that the regulatory expertise of the Consumer Product Safety Commission be used to implement a cigarette fire safety standard.", "id": "H6ABCA98F4EDC45C09F14565C5045F8FD", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Cigarette fire safety standard \n(a) In general \n(1) Requirement for standard \nNot later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes that, except as is provided in this Act, are substantively the same as the standards set forth by the State of New York in part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as promulgated on December 31, 2003 (in this Act referred to as the New York standard ), including the Appendix to such part. (2) Cigarettes with unique characteristics \nFor purposes of this subsection, in construing section 4(c) of the New York standard, after The manufacturer or manufacturers of a cigarette that the Office of Fire Prevention and Control determines cannot be tested in accordance with the test method prescribed in section 3 of this Part there shall be inserted because of unique or nontraditional characteristics. (3) Additional definitions \nFor purposes of this subsection, in construing section 2 of the New York standard, there shall be added at the end thereof the following: (j) Commission \nThe term Commission shall mean the Consumer Product Safety Commission.. (b) Procedure \n(1) In general \nThe rule under subsection (a), and any modification thereof, shall be prescribed in accordance with section 553 of title 5, United States Code. (2) Modifications \n(A) Modification by sponsor \nIf the sponsor of the testing methodology used under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission \nThe Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, only if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws \n(A) In general \nNo Federal law or Executive order, including the laws listed in subparagraph (B) but not including chapters 5, 6, 7, and 8 of title 5, United States Code, commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or a modification of the rule under paragraph (2) of this subsection. (B) Included laws \nThe Federal laws referred to in subparagraph (A) include the following: (i) The Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. ). (ii) Chapter 6 of title 5, United States Code. (iii) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (iv) The Small Business Regulatory Enforcement Fairness Act of 1996 ( Public Law 104–121 ), and the amendments made by that Act. (c) Effective date \nThe Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 24 months after the date of the enactment of this Act. (d) Treatment of standard \n(1) In general \nThe fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. ), except as provided in section 4. (2) Treatment of cigarettes \nA cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(1)(B) ) for purposes of this Act and for purposes of sections 17 and 18 of the Consumer Product Safety Act ( 15 U.S.C. 2066 , 2067).", "id": "H35A7186D245649DDA0DBFCD9BC4987B8", "header": "Cigarette fire safety standard", "nested": [ { "text": "(a) In general \n(1) Requirement for standard \nNot later than 18 months after the date of the enactment of this Act, the Commission shall, by rule, prescribe one or more fire safety standards for cigarettes that, except as is provided in this Act, are substantively the same as the standards set forth by the State of New York in part 429 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as promulgated on December 31, 2003 (in this Act referred to as the New York standard ), including the Appendix to such part. (2) Cigarettes with unique characteristics \nFor purposes of this subsection, in construing section 4(c) of the New York standard, after The manufacturer or manufacturers of a cigarette that the Office of Fire Prevention and Control determines cannot be tested in accordance with the test method prescribed in section 3 of this Part there shall be inserted because of unique or nontraditional characteristics. (3) Additional definitions \nFor purposes of this subsection, in construing section 2 of the New York standard, there shall be added at the end thereof the following: (j) Commission \nThe term Commission shall mean the Consumer Product Safety Commission..", "id": "HC6D2B79DEFC641FFB48E16EE6A24B19", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Procedure \n(1) In general \nThe rule under subsection (a), and any modification thereof, shall be prescribed in accordance with section 553 of title 5, United States Code. (2) Modifications \n(A) Modification by sponsor \nIf the sponsor of the testing methodology used under subsection (a)(2) modifies the testing methodology in any material respect, the sponsor shall notify the Commission of the modification, and the Commission may incorporate the modification in the rule prescribed under subsection (a) if the Commission determines that the modification will enhance a fire safety standard established under subsection (a)(2). (B) Modification by commission \nThe Commission may modify the rule prescribed under subsection (a), including the test requirements specified in subsection (a)(2), in whole or in part, only if the Commission determines that compliance with such modification is technically feasible and will enhance a fire safety standard established under that subsection. Any such modification shall not take effect earlier than 3 years after the date on which the rule is first issued. (3) Inapplicability of certain laws \n(A) In general \nNo Federal law or Executive order, including the laws listed in subparagraph (B) but not including chapters 5, 6, 7, and 8 of title 5, United States Code, commonly referred to as the Administrative Procedures Act, may be construed to apply to the promulgation of the rule required by subsection (a), or a modification of the rule under paragraph (2) of this subsection. (B) Included laws \nThe Federal laws referred to in subparagraph (A) include the following: (i) The Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. ). (ii) Chapter 6 of title 5, United States Code. (iii) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (iv) The Small Business Regulatory Enforcement Fairness Act of 1996 ( Public Law 104–121 ), and the amendments made by that Act.", "id": "H1E15FF97AA6B4067B850FFC062C564EE", "header": "Procedure", "nested": [], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "15 U.S.C. 2051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/2051" }, { "text": "Chapter 6", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/6" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 104–121", "legal-doc": "public-law", "parsable-cite": "pl/104/121" } ] }, { "text": "(c) Effective date \nThe Commission shall specify in the rule prescribed under subsection (a) the effective date of the rule. The effective date may not be later than 24 months after the date of the enactment of this Act.", "id": "HCC77088089B548B3821B7FD2838160B2", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) Treatment of standard \n(1) In general \nThe fire safety standard promulgated under subsection (a) shall be treated as a consumer product safety standard promulgated under the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. ), except as provided in section 4. (2) Treatment of cigarettes \nA cigarette shall be treated as a consumer product under section 3(a)(1)(B) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(1)(B) ) for purposes of this Act and for purposes of sections 17 and 18 of the Consumer Product Safety Act ( 15 U.S.C. 2066 , 2067).", "id": "H28707BF9C12E40B88300FADDBF727085", "header": "Treatment of standard", "nested": [], "links": [ { "text": "15 U.S.C. 2051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/2051" }, { "text": "15 U.S.C. 2052(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/2052" }, { "text": "15 U.S.C. 2066", "legal-doc": "usc", "parsable-cite": "usc/15/2066" } ] } ], "links": [ { "text": "section 553", "legal-doc": "usc", "parsable-cite": "usc/5/553" }, { "text": "15 U.S.C. 2051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/2051" }, { "text": "Chapter 6", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/6" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "Public Law 104–121", "legal-doc": "public-law", "parsable-cite": "pl/104/121" }, { "text": "15 U.S.C. 2051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/2051" }, { "text": "15 U.S.C. 2052(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/2052" }, { "text": "15 U.S.C. 2066", "legal-doc": "usc", "parsable-cite": "usc/15/2066" } ] }, { "text": "4. Preemption \n(a) In general \nThis Act, and any cigarette fire safety standard established or modified pursuant to section 3, may not be construed to preempt or otherwise affect in any way any law or regulation that prescribes a fire safety standard for cigarettes— (1) set forth by the State of New York in the New York standard; or (2) promulgated by any State that is more stringent than the fire safety standard for cigarettes established under this section. (b) Private remedies \nThe provisions of section 25 of the Consumer Product Safety Act ( 15 U.S.C. 2074 ) shall apply with respect to the fire safety standard promulgated under section 3(a) of this Act.", "id": "H24FD51014AB140C89F02810008FD7F9D", "header": "Preemption", "nested": [ { "text": "(a) In general \nThis Act, and any cigarette fire safety standard established or modified pursuant to section 3, may not be construed to preempt or otherwise affect in any way any law or regulation that prescribes a fire safety standard for cigarettes— (1) set forth by the State of New York in the New York standard; or (2) promulgated by any State that is more stringent than the fire safety standard for cigarettes established under this section.", "id": "H9F23B30178814514B38407B429DD7939", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Private remedies \nThe provisions of section 25 of the Consumer Product Safety Act ( 15 U.S.C. 2074 ) shall apply with respect to the fire safety standard promulgated under section 3(a) of this Act.", "id": "H942EA5DB9A95424397BDF6FDF7EE6C7B", "header": "Private remedies", "nested": [], "links": [ { "text": "15 U.S.C. 2074", "legal-doc": "usc", "parsable-cite": "usc/15/2074" } ] } ], "links": [ { "text": "15 U.S.C. 2074", "legal-doc": "usc", "parsable-cite": "usc/15/2074" } ] }, { "text": "5. Scope of jurisdiction of consumer product safety commission \nExcept as otherwise provided in this Act, the Commission shall have no jurisdiction over tobacco or tobacco products.", "id": "HFB1AD7D807304AB6BF3801444499642D", "header": "Scope of jurisdiction of consumer product safety commission", "nested": [], "links": [] }, { "text": "6. Authorization of Appropriations \n(a) Authorization of Appropriations \nThere is authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2004, $2,000,000 for purposes of carrying out this Act. (b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "H9BEE57D2346343CDBB1E6E789CB86672", "header": "Authorization of Appropriations", "nested": [ { "text": "(a) Authorization of Appropriations \nThere is authorized to be appropriated to the Consumer Product Safety Commission for fiscal year 2004, $2,000,000 for purposes of carrying out this Act.", "id": "HA93D401BABFB498F9FFDE5C00B97DD7", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "(b) Availability \nAmounts appropriated under subsection (a) shall remain available until expended.", "id": "HEBE6DFDB1C004913A18B3BA1A5BF1944", "header": "Availability", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative procedure", "Cigarettes", "Civil actions and liability", "Consumer Product Safety Commission", "Drug abuse", "Emergency Management", "Fire prevention", "Government Operations and Politics", "Independent regulatory commissions", "Law", "Liability (Law)", "New York State", "Product safety", "Standards", "State laws", "Tobacco industry" ]

[ { "text": "1. Findings \nCongress makes the following findings: (1) Kazakhstan has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974. (2) Since its independence from the Soviet Union in 1991, Kazakhstan has made progress toward creating a free-market economy system. (3) The Department of Commerce granted Kazakhstan market economy status , the first such designation of any independent state of the former Soviet Union, effective October 1, 2001. (4) Kazakhstan concluded a bilateral investment treaty with the United States in 1992. (5) Kazakhstan has demonstrated a strong desire to build a friendly and cooperative relationship with the United States. (6) Kazakhstan is providing firm support in the ongoing allied campaign in Afghanistan by allowing coalition forces to use the air space of Kazakhstan and the country’s largest airport in Almaty. (7) Kazakhstan has taken an active role in the reconstruction of Iraq and is the only country in the region of Central Asia to send a military contingent of combat engineers, who have neutralized more than 300,000 explosive devices in Iraq, thereby saving thousands of lives. (8) The extension of unconditional normal trade relations treatment to the products of Kazakhstan will enable the United States to avail itself of all rights under the World Trade Organization with respect to Kazakhstan.", "id": "H850075CB5A6F46EE9E804C2FF839E2AB", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Termination of application of title IV of the Trade Act of 1974 to Kazakhstan \n(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Kazakhstan; and (2) after making a determination under paragraph (1) with respect to Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "HA739ECF8223146CEA8698BF7321CA5DA", "header": "Termination of application of title IV of the Trade Act of 1974 to Kazakhstan", "nested": [ { "text": "(a) Presidential determinations and extensions of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Kazakhstan; and (2) after making a determination under paragraph (1) with respect to Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.", "id": "H16A656DAA4074C949BFE99D7A00891F8", "header": "Presidential determinations and extensions of nondiscriminatory treatment", "nested": [], "links": [ { "text": "19 U.S.C. 2431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2431" } ] }, { "text": "(b) Termination of application of title IV \nOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "HE969CA4E7BCD4593BEE214FD173BFE34", "header": "Termination of application of title IV", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2431" } ] } ]

[ "Central Asia", "Civil Rights and Liberties, Minority Issues", "Emigration", "Human rights", "Immigration", "International Affairs", "Kazakhstan", "Most favored nation principle", "Normal trade relations", "Trade agreements" ]

[ { "text": "1. Glyoxylic acid \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.41 Glyoxylic acid (provided for in subheading 2918.30.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Glyoxylic acid", "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: 9902.34.41 Glyoxylic acid (provided for in subheading 2918.30.90) Free No change No change On or before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "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": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the Utah Recreational Lands Exchange Act.", "id": "H0BCD24B4825C48A380952DE17209E3A3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds and declares that— (1) Areas surrounding the Colorado River in Grand County, Utah, Dinosaur National Monument in Uintah County, Utah, and the Book Cliffs area of Uintah County, Utah, contain nationally recognized scenic values, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually. (2) In these areas, the State of Utah owns multiple parcels of lands granted by Congress to the State pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State’s public school system and other public institutions. The lands are largely scattered in checkerboard fashion amid the Federal lands comprising the remainder of the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas. (3) These State trust lands were granted for the purpose of generating financial support for Utah's public schools through sale or development of natural resources, and the lands are held in trust under State and Federal law for the benefit of the public school system of the State and other beneficiary institutions. (4) State trust lands in the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas contain significant natural and recreational values, including portions of Westwater Canyon of the Colorado River, the nationally-recognized Kokopelli and Slickrock trails, several of the largest natural rock arches in the United States, multiple wilderness study areas and proposed wilderness areas, and viewsheds for Arches National Park and Dinosaur National Monument. (5) The large presence of State trust lands located within the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas make land and resource management in the areas more difficult, costly, and controversial for both the State of Utah and the United States. (6) Development of Utah State trust lands in these areas in accordance with the purpose for which the lands were granted could be incompatible with management of such areas for recreational, natural, and scenic values. (7) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange without jeopardizing Federal management objectives or needs. (8) It is in the public interest to enact legislation authorizing an exchange of other federally owned lands in Utah for the Utah State trust lands located within the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas, on terms fair to the State of Utah and the United States. (b) Purpose \nIt is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange described herein in order to further the public interest by disposing of Federal lands with limited recreational and conservation values and acquiring in exchange therefore State trust lands with important recreational, scenic, and conservation values for permanent public management and use.", "id": "H4403A0DD51C744B6A025EDC4E0834B32", "header": "Findings and purposes", "nested": [ { "text": "(a) Findings \nCongress finds and declares that— (1) Areas surrounding the Colorado River in Grand County, Utah, Dinosaur National Monument in Uintah County, Utah, and the Book Cliffs area of Uintah County, Utah, contain nationally recognized scenic values, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually. (2) In these areas, the State of Utah owns multiple parcels of lands granted by Congress to the State pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State’s public school system and other public institutions. The lands are largely scattered in checkerboard fashion amid the Federal lands comprising the remainder of the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas. (3) These State trust lands were granted for the purpose of generating financial support for Utah's public schools through sale or development of natural resources, and the lands are held in trust under State and Federal law for the benefit of the public school system of the State and other beneficiary institutions. (4) State trust lands in the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas contain significant natural and recreational values, including portions of Westwater Canyon of the Colorado River, the nationally-recognized Kokopelli and Slickrock trails, several of the largest natural rock arches in the United States, multiple wilderness study areas and proposed wilderness areas, and viewsheds for Arches National Park and Dinosaur National Monument. (5) The large presence of State trust lands located within the Colorado River corridor, Dinosaur National Monument, and Book Cliffs areas make land and resource management in the areas more difficult, costly, and controversial for both the State of Utah and the United States. (6) Development of Utah State trust lands in these areas in accordance with the purpose for which the lands were granted could be incompatible with management of such areas for recreational, natural, and scenic values. (7) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange without jeopardizing Federal management objectives or needs. (8) It is in the public interest to enact legislation authorizing an exchange of other federally owned lands in Utah for the Utah State trust lands located within the Colorado River corridor, Dinosaur National Monument and Book Cliffs areas, on terms fair to the State of Utah and the United States.", "id": "HBA34196203CD453E92CED40010F37F3", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Purpose \nIt is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange described herein in order to further the public interest by disposing of Federal lands with limited recreational and conservation values and acquiring in exchange therefore State trust lands with important recreational, scenic, and conservation values for permanent public management and use.", "id": "H66F6509688964E4E9416EAC25EAEAA00", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Offered lands \nThe term Offered Lands means the Utah State school trust lands described in section 4(b) to be conveyed to the United States under this Act. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (3) Selected lands \nThe term Selected Lands means the public lands described in section 4(c) to be conveyed to the State under this Act. (4) State \nThe term State means the State of Utah.", "id": "H45E185D52A474C2BA6B89DB000BF00F4", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Land exchange \n(a) Condition \nThe exchange directed by this section shall be consummated if, not later than 30 days after the date of enactment of this Act, the State offers to transfer to the United States the Offered Lands. (b) Conveyance of offered lands by state \nIn accordance with this Act, the State shall convey to the United States by State patent acceptable to the Secretary, subject to valid existing rights, all right, title, and interest of the State in and to the following Offered Lands: (1) Certain land comprising approximately ____ acres and located in the Colorado River corridor in Grand County, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (2) Certain land comprising approximately ____ acres and located in the vicinity of Dinosaur National Monument in Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (3) Certain land comprising approximately ____ acres and located in the Book Cliffs area of Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (c) Conveyance of selected land by the United States \nAt the time of receipt of title to the Offered Lands, the Secretary shall simultaneously convey to the State all right, title, and interest of the United States, subject to valid existing rights, in and to certain land comprising approximately ______ acres and located in Grand and Uintah Counties, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Selected Lands , dated October 2004.", "id": "H55D5634163D14B7C901B0797319CFEF2", "header": "Land exchange", "nested": [ { "text": "(a) Condition \nThe exchange directed by this section shall be consummated if, not later than 30 days after the date of enactment of this Act, the State offers to transfer to the United States the Offered Lands.", "id": "H76625A17B6BD4B1BABF3320932C3785F", "header": "Condition", "nested": [], "links": [] }, { "text": "(b) Conveyance of offered lands by state \nIn accordance with this Act, the State shall convey to the United States by State patent acceptable to the Secretary, subject to valid existing rights, all right, title, and interest of the State in and to the following Offered Lands: (1) Certain land comprising approximately ____ acres and located in the Colorado River corridor in Grand County, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (2) Certain land comprising approximately ____ acres and located in the vicinity of Dinosaur National Monument in Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004. (3) Certain land comprising approximately ____ acres and located in the Book Cliffs area of Uintah County, Utah, also as generally depicted on the map entitled Utah Recreational Land Exchange Offered Lands , dated October 2004.", "id": "HDDAC55FD96B74023AE3B39E563149EC", "header": "Conveyance of offered lands by state", "nested": [], "links": [] }, { "text": "(c) Conveyance of selected land by the United States \nAt the time of receipt of title to the Offered Lands, the Secretary shall simultaneously convey to the State all right, title, and interest of the United States, subject to valid existing rights, in and to certain land comprising approximately ______ acres and located in Grand and Uintah Counties, Utah, as generally depicted on a map entitled Utah Recreational Land Exchange Selected Lands , dated October 2004.", "id": "HBBC4D5132E5943A4AC0111CAE44EF459", "header": "Conveyance of selected land by the United States", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Exchange valuation, appraisals, and equalization \n(a) Equal value exchange \nThe values of the Offered Lands and Selected Lands— (1) shall be approximately equal; or (2) if the values are not approximately equal, values shall be made approximately equal in accordance with subsection (e) or (f). (b) Appraisals \nThe values of the Offered Lands and Selected Lands shall be determined by appraisals using comparable sales of surface and subsurface property and nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ) and its implementing regulations. The appraisals of the Offered Lands and the Selected Lands shall consider all otherwise comparable public and private sales without regard to whether such lands were acquired for conservation or preservation purposes, or the governmental or non-profit status of the entity making the acquisition. If value is attributed to minerals subject to lease under Federal mineral leasing laws, then such value shall be proportionately adjusted to reflect Federal mineral revenue sharing, upon the condition that the Utah School and Institutional Trust Lands Administration shall assume the revenue sharing obligation of the United States with respect to that land. (c) Appraisals; review by secretary and state \nThe State shall contract for appraisals of the Offered Lands and the Selected Lands with an independent third-party appraiser or appraisers jointly selected from a list approved by both the State and the Secretary. The list shall be approved not later than 30 days after the State offers the Offered Lands in accordance with subsection (a). Completed appraisals shall be submitted to the Secretary and the State for review not later than 120 days after selection of the appraisers. (d) Resolution of disagreement \nThe Secretary and the State shall independently review and approve or disapprove appraisals submitted pursuant to subsection (c) not later than 90 days after receipt of such appraisals. If the Secretary and the State are unable to agree on the value of a parcel of land, the value may, by mutual agreement, be determined in accordance with the methods set forth in sections 206(d)(2) and 206(d)(4) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) , (4)). If, one year after the date of the enactment of this Act, the parties have not agreed upon the value of any parcel or parcels involved in the exchange, any appropriate United States District Court, including the United States District Court for the District of Utah, Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of such lands. No action provided for in this subsection may be filed with the Court sooner than 1 year or later than 3 years after the date of the enactment of this Act. (e) Equalization if surplus of offered lands \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Offered Lands exceeds the final value of the Selected Lands the Secretary shall delete Offered Lands from the exchange until the values are approximately equal. (f) Equalization if surplus of selected land \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Selected Lands exceeds the final value of the Offered Lands— (1) the State and the Secretary may mutually agree to delete lands from the Selected Lands until the values are approximately equal; or (2) the State and the Secretary may mutually agree to add additional State trust lands to the Offered Lands, provided the additional lands have been previously appraised pursuant to an ongoing Federal acquisition process or program and the appraised value has been accepted by the Secretary.", "id": "H7A1CB9B2267E4AFB91387F16DBE0FF35", "header": "Exchange valuation, appraisals, and equalization", "nested": [ { "text": "(a) Equal value exchange \nThe values of the Offered Lands and Selected Lands— (1) shall be approximately equal; or (2) if the values are not approximately equal, values shall be made approximately equal in accordance with subsection (e) or (f).", "id": "HDC78E20263E34A87BA88905B6E0260E8", "header": "Equal value exchange", "nested": [], "links": [] }, { "text": "(b) Appraisals \nThe values of the Offered Lands and Selected Lands shall be determined by appraisals using comparable sales of surface and subsurface property and nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ) and its implementing regulations. The appraisals of the Offered Lands and the Selected Lands shall consider all otherwise comparable public and private sales without regard to whether such lands were acquired for conservation or preservation purposes, or the governmental or non-profit status of the entity making the acquisition. If value is attributed to minerals subject to lease under Federal mineral leasing laws, then such value shall be proportionately adjusted to reflect Federal mineral revenue sharing, upon the condition that the Utah School and Institutional Trust Lands Administration shall assume the revenue sharing obligation of the United States with respect to that land.", "id": "H2FEC042BFF7440C9A5D14E89AC96D711", "header": "Appraisals", "nested": [], "links": [ { "text": "43 U.S.C. 1716(d)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "(c) Appraisals; review by secretary and state \nThe State shall contract for appraisals of the Offered Lands and the Selected Lands with an independent third-party appraiser or appraisers jointly selected from a list approved by both the State and the Secretary. The list shall be approved not later than 30 days after the State offers the Offered Lands in accordance with subsection (a). Completed appraisals shall be submitted to the Secretary and the State for review not later than 120 days after selection of the appraisers.", "id": "HFF7354649495483CB1F43D81EAC79FAB", "header": "Appraisals; review by secretary and state", "nested": [], "links": [] }, { "text": "(d) Resolution of disagreement \nThe Secretary and the State shall independently review and approve or disapprove appraisals submitted pursuant to subsection (c) not later than 90 days after receipt of such appraisals. If the Secretary and the State are unable to agree on the value of a parcel of land, the value may, by mutual agreement, be determined in accordance with the methods set forth in sections 206(d)(2) and 206(d)(4) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) , (4)). If, one year after the date of the enactment of this Act, the parties have not agreed upon the value of any parcel or parcels involved in the exchange, any appropriate United States District Court, including the United States District Court for the District of Utah, Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of such lands. No action provided for in this subsection may be filed with the Court sooner than 1 year or later than 3 years after the date of the enactment of this Act.", "id": "H14689766A5EB486D87E003201D6FA732", "header": "Resolution of disagreement", "nested": [], "links": [ { "text": "43 U.S.C. 1716(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "(e) Equalization if surplus of offered lands \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Offered Lands exceeds the final value of the Selected Lands the Secretary shall delete Offered Lands from the exchange until the values are approximately equal.", "id": "HADA287C0C16640DBA156AEAD65775960", "header": "Equalization if surplus of offered lands", "nested": [], "links": [] }, { "text": "(f) Equalization if surplus of selected land \nIn general if, after the completion of the appraisal and dispute resolution process set forth in subsections (b), (c), and (d), the final value of the Selected Lands exceeds the final value of the Offered Lands— (1) the State and the Secretary may mutually agree to delete lands from the Selected Lands until the values are approximately equal; or (2) the State and the Secretary may mutually agree to add additional State trust lands to the Offered Lands, provided the additional lands have been previously appraised pursuant to an ongoing Federal acquisition process or program and the appraised value has been accepted by the Secretary.", "id": "H1F84812B075A4DF39F0209CB81F716E0", "header": "Equalization if surplus of selected land", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1716(d)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "43 U.S.C. 1716(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] }, { "text": "6. Miscellaneous provisions \n(a) Land status \n(1) Administration of lands acquired by united states \nIn accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(c) ), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary become part of and be managed as part of the administrative unit or area within which they are located. The payment of mineral revenues from the acquired lands shall be subject to the provisions of section 35 of the Mineral Leasing Act ( 30 U.S.C. 2191 ). (2) Withdrawal of selected land \nSubject to valid existing rights, the Federal lands described in subsection (c)(2) are hereby withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, from operation of the Geothermal Steam Act of 1970, and from the operation of the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (b) Grazing permits \n(1) In general \nOn all lands exchanged under this Act, the party acquiring title to such lands shall honor, for the remainder of the applicable term, all leases, permits, and contracts for the grazing of domestic livestock, and the related terms and conditions of user agreements on exchanged lands, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. Upon expiration of any lease or permit, the holder shall be entitled to a preference right to renew such lease or permit to the extent provided by Federal or State law. Nothing in this Act shall prevent the State from canceling any grazing permit when the underlying land is sold, conveyed, transferred, or leased for nongrazing purposes by the State. (2) Base properties \nIn any instance where lands conveyed by the State under this Act are used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, such lands shall continue to qualify as base properties for the remaining term of the lease or permit and any renewal or extensions thereof. (c) Hazardous materials \nThe Secretary and, as a condition of the exchange, the State shall make available for review and inspection all pertinent records relating to hazardous materials (if any) on the lands to be exchanged pursuant to this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. (d) Timing \nThe land exchange authorized under this Act shall be complete not later than 330 days after the date on which the State makes the Secretary an offer to exchange under section 4(a), unless the Secretary and the State agree to extend the date of the completion of the land exchange. (e) Provisions relating to federal lands \nThe enactment of this Act shall be construed as satisfying the provisions of section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) ) requiring that exchanges of lands be in the public interest.", "id": "H49F0117BAA834A47A62E31C66C73D937", "header": "Miscellaneous provisions", "nested": [ { "text": "(a) Land status \n(1) Administration of lands acquired by united states \nIn accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(c) ), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary become part of and be managed as part of the administrative unit or area within which they are located. The payment of mineral revenues from the acquired lands shall be subject to the provisions of section 35 of the Mineral Leasing Act ( 30 U.S.C. 2191 ). (2) Withdrawal of selected land \nSubject to valid existing rights, the Federal lands described in subsection (c)(2) are hereby withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, from operation of the Geothermal Steam Act of 1970, and from the operation of the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).", "id": "H627F49A2EB7B4E7A8437FFFCAB4853C0", "header": "Land status", "nested": [], "links": [ { "text": "43 U.S.C. 1716(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "30 U.S.C. 2191", "legal-doc": "usc", "parsable-cite": "usc/30/2191" } ] }, { "text": "(b) Grazing permits \n(1) In general \nOn all lands exchanged under this Act, the party acquiring title to such lands shall honor, for the remainder of the applicable term, all leases, permits, and contracts for the grazing of domestic livestock, and the related terms and conditions of user agreements on exchanged lands, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. Upon expiration of any lease or permit, the holder shall be entitled to a preference right to renew such lease or permit to the extent provided by Federal or State law. Nothing in this Act shall prevent the State from canceling any grazing permit when the underlying land is sold, conveyed, transferred, or leased for nongrazing purposes by the State. (2) Base properties \nIn any instance where lands conveyed by the State under this Act are used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, such lands shall continue to qualify as base properties for the remaining term of the lease or permit and any renewal or extensions thereof.", "id": "H97FAFE3E0160438B96259B8600FE7BBD", "header": "Grazing permits", "nested": [], "links": [] }, { "text": "(c) Hazardous materials \nThe Secretary and, as a condition of the exchange, the State shall make available for review and inspection all pertinent records relating to hazardous materials (if any) on the lands to be exchanged pursuant to this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law.", "id": "H8E69C90B4B034E9992F7A99674146CFB", "header": "Hazardous materials", "nested": [], "links": [] }, { "text": "(d) Timing \nThe land exchange authorized under this Act shall be complete not later than 330 days after the date on which the State makes the Secretary an offer to exchange under section 4(a), unless the Secretary and the State agree to extend the date of the completion of the land exchange.", "id": "HBF2E7C448DE14B54AB1FE3AE85A5CE12", "header": "Timing", "nested": [], "links": [] }, { "text": "(e) Provisions relating to federal lands \nThe enactment of this Act shall be construed as satisfying the provisions of section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) ) requiring that exchanges of lands be in the public interest.", "id": "H0115CD0182204B1089FC89EDDDD95CC2", "header": "Provisions relating to federal lands", "nested": [], "links": [ { "text": "43 U.S.C. 1716(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] } ], "links": [ { "text": "43 U.S.C. 1716(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" }, { "text": "30 U.S.C. 2191", "legal-doc": "usc", "parsable-cite": "usc/30/2191" }, { "text": "43 U.S.C. 1716(a)", "legal-doc": "usc", "parsable-cite": "usc/43/1716" } ] } ]

[ "Agriculture and Food", "Commemorations", "Environmental Protection", "Grazing", "Land transfers", "Landscape protection", "National monuments", "Natural areas", "Real estate appraisal", "Recreation areas", "Sports and Recreation", "Utah" ]

[ { "text": "1. Short title \nThis Act may be cited as the Community Pharmacy Preservation Act of 2004.", "id": "H846E484F99294FA1912BDEAFC97CE13", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Application of the antitrust laws to independent pharmacies negotiating with health plans \n(a) In general \nAny independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with such collective bargaining. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for good faith actions \nActions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) Limitation \n(1) No new right for collective cessation of service \nThe exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in National Labor Relations Act \nThis section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective date \nThe exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitation on exemption \nNothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation. (f) No effect on title VI of Civil Rights Act of 1964 \nNothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (g) No application to Federal programs \nNothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (2) The SCHIP program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans’ medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). (6) The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ). (h) Definitions \nFor purposes of this section: (1) Antitrust laws \nThe term antitrust laws — (A) has the meaning given it in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms \n(A) In general \nThe term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer \nThe terms health insurance coverage and health insurance issuer have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(b) ). (C) Group health plan \nThe term group health plan has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(a)(1) ). (3) Independent pharmacy \nThe term independent pharmacy means a pharmacy which is not owned (or operated) by a publicly traded company. For purposes of the previous sentence, the term publicly traded company means a company that is an issuer within the meaning of section 2(a)(7) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201(a)(7) ).", "id": "H8D8817F67F404AFA00E07934E00AC72", "header": "Application of the antitrust laws to independent pharmacies negotiating with health plans", "nested": [ { "text": "(a) In general \nAny independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with such collective bargaining. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor.", "id": "HDAB711E062A54CE7A69EFB93BDD5F26", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Protection for good faith actions \nActions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred.", "id": "H2C061841B7D74E22B4748459C2F3326D", "header": "Protection for good faith actions", "nested": [], "links": [] }, { "text": "(c) Limitation \n(1) No new right for collective cessation of service \nThe exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in National Labor Relations Act \nThis section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act.", "id": "H73781A5198014C7E9BA7F9BE8EFFB056", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act.", "id": "HB7FD5268DBB34F88BE6645CA58D33100", "header": "Effective date", "nested": [], "links": [] }, { "text": "(e) Limitation on exemption \nNothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation.", "id": "HFDE5F1A195C14CCCB929A0C2CCC00A2", "header": "Limitation on exemption", "nested": [], "links": [] }, { "text": "(f) No effect on title VI of Civil Rights Act of 1964 \nNothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964.", "id": "HD887A889E0D84A79AFC6FF3833B3A011", "header": "No effect on title VI of Civil Rights Act of 1964", "nested": [], "links": [] }, { "text": "(g) No application to Federal programs \nNothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (2) The SCHIP program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans’ medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). (6) The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ).", "id": "HAA8FE31FE3354210BDDEAB19FA48E621", "header": "No application to Federal programs", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "Chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "25 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/1601" } ] }, { "text": "(h) Definitions \nFor purposes of this section: (1) Antitrust laws \nThe term antitrust laws — (A) has the meaning given it in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms \n(A) In general \nThe term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer \nThe terms health insurance coverage and health insurance issuer have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(b) ). (C) Group health plan \nThe term group health plan has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(a)(1) ). (3) Independent pharmacy \nThe term independent pharmacy means a pharmacy which is not owned (or operated) by a publicly traded company. For purposes of the previous sentence, the term publicly traded company means a company that is an issuer within the meaning of section 2(a)(7) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201(a)(7) ).", "id": "HB3B95867E2E54634B4FCA574EA4FBCD1", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "29 U.S.C. 1191b(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1191b" }, { "text": "29 U.S.C. 1191b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1191b" }, { "text": "15 U.S.C. 7201(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/15/7201" } ] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "Chapter 55", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/55" }, { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "Chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" }, { "text": "25 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/1601" }, { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 45", "legal-doc": "usc", "parsable-cite": "usc/15/45" }, { "text": "29 U.S.C. 1191b(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1191b" }, { "text": "29 U.S.C. 1191b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1191b" }, { "text": "15 U.S.C. 7201(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/15/7201" } ] }, { "text": "3. Requirements relating to pharmacy benefit managers \n(a) Prohibition on cross ownership \n(1) In general \nNo pharmaceutical drug manufacturer may have a controlling interest in an entity that is a pharmacy benefit manager. (2) Penalty \nThe Secretary of Health and Human Services may issue such civil penalties for a violation of paragraph (1) as the Secretary of Health and Human Services determines necessary. (b) Drug interchange \n(1) Prohibitions \n(A) Cost increase \nA pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager where the net cost of the drug to which the prescription would be changed exceeds that of the drug from which the prescription would be changed. (B) Disclosure to individual \nA pharmacy benefit manager shall not make any drug interchange for an individual who is served by such manager unless the pharmacy benefit manager discloses to the individual, in a clear and conspicuous manner, the savings to the individual associated with such interchange. (C) Generics \nA pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager if the drug from which the prescription would be changed has generic equivalents and the drug to which the prescription would be changed has no generic equivalents, unless the drug to which the prescription would be changed has a lower net cost to the individual than does each of the generic equivalents of the drug from which the prescription would be changed. (2) Penalty \nA pharmacy benefit manager that violates subparagraph (A), (B), or (C) of paragraph (1) with respect to an individual and presents a claim for payment to the United States Government as reimbursement for services to such individual, shall be considered in violation of section 3729 of title 31, United States Code. (c) Disclosure of compensation from drug manufacturers \n(1) Quarterly and annual disclosures \nAt the end of each fiscal year quarter, each pharmacy benefit manager shall disclose— (A) to the client plans of such manager and to the Antitrust Division of the Department of Justice, all compensation and remuneration that the pharmacy benefit manager received during such fiscal year quarter from a pharmaceutical drug manufacturer, including, regardless of how categorized, market share incentives, commissions, mail service purchase discounts, and administrative or management fees; and (B) to the client plans of such manager, any fees received for sales of utilization data to a pharmaceutical drug manufacturer. (2) Disclosure at contracting stage \nEach pharmacy benefit manager shall disclose to each client plan and prospective client plan of such manager, in advance of executing an agreement with such plan, information relating to the pharmacy benefit manager's methodology of soliciting and receiving payments from pharmaceutical drug manufacturers. (d) Definitions \nFor purposes of this section: (1) Client plan \nThe term client plan means a pharmaceutical plan in which the entity that offers such plan to its beneficiaries contracts directly with a pharmacy benefit manager to provide or administer such plan. (2) Drug interchange \nThe term drug interchange means any change from one prescription drug to another prescription drug that is intended to address or treat the same illness or condition.", "id": "H15469ABD8817483FAFC6204C9CCE65D6", "header": "Requirements relating to pharmacy benefit managers", "nested": [ { "text": "(a) Prohibition on cross ownership \n(1) In general \nNo pharmaceutical drug manufacturer may have a controlling interest in an entity that is a pharmacy benefit manager. (2) Penalty \nThe Secretary of Health and Human Services may issue such civil penalties for a violation of paragraph (1) as the Secretary of Health and Human Services determines necessary.", "id": "HA4E10220F4FB4BF1BB94DCE8D6EF3944", "header": "Prohibition on cross ownership", "nested": [], "links": [] }, { "text": "(b) Drug interchange \n(1) Prohibitions \n(A) Cost increase \nA pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager where the net cost of the drug to which the prescription would be changed exceeds that of the drug from which the prescription would be changed. (B) Disclosure to individual \nA pharmacy benefit manager shall not make any drug interchange for an individual who is served by such manager unless the pharmacy benefit manager discloses to the individual, in a clear and conspicuous manner, the savings to the individual associated with such interchange. (C) Generics \nA pharmacy benefit manager shall not make any drug interchange proposal for an individual who is served by such manager if the drug from which the prescription would be changed has generic equivalents and the drug to which the prescription would be changed has no generic equivalents, unless the drug to which the prescription would be changed has a lower net cost to the individual than does each of the generic equivalents of the drug from which the prescription would be changed. (2) Penalty \nA pharmacy benefit manager that violates subparagraph (A), (B), or (C) of paragraph (1) with respect to an individual and presents a claim for payment to the United States Government as reimbursement for services to such individual, shall be considered in violation of section 3729 of title 31, United States Code.", "id": "H73D2C391FC794131844735BE3F38ED03", "header": "Drug interchange", "nested": [], "links": [ { "text": "section 3729", "legal-doc": "usc", "parsable-cite": "usc/31/3729" } ] }, { "text": "(c) Disclosure of compensation from drug manufacturers \n(1) Quarterly and annual disclosures \nAt the end of each fiscal year quarter, each pharmacy benefit manager shall disclose— (A) to the client plans of such manager and to the Antitrust Division of the Department of Justice, all compensation and remuneration that the pharmacy benefit manager received during such fiscal year quarter from a pharmaceutical drug manufacturer, including, regardless of how categorized, market share incentives, commissions, mail service purchase discounts, and administrative or management fees; and (B) to the client plans of such manager, any fees received for sales of utilization data to a pharmaceutical drug manufacturer. (2) Disclosure at contracting stage \nEach pharmacy benefit manager shall disclose to each client plan and prospective client plan of such manager, in advance of executing an agreement with such plan, information relating to the pharmacy benefit manager's methodology of soliciting and receiving payments from pharmaceutical drug manufacturers.", "id": "HCA78B4A8ABFE4F6E829324B45144B78D", "header": "Disclosure of compensation from drug manufacturers", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section: (1) Client plan \nThe term client plan means a pharmaceutical plan in which the entity that offers such plan to its beneficiaries contracts directly with a pharmacy benefit manager to provide or administer such plan. (2) Drug interchange \nThe term drug interchange means any change from one prescription drug to another prescription drug that is intended to address or treat the same illness or condition.", "id": "HB4E534B58A13404BBFBCBDAA4639E717", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "section 3729", "legal-doc": "usc", "parsable-cite": "usc/31/3729" } ] }, { "text": "4. Community pharmacy access standards under the medicare outpatient prescription drug program \nIn establishing rules under subparagraph (C) of section 1860D–4(b)(1) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), for convenient access to non-mail-order pharmacies consistent with the application of standards under clause (ii) of such subparagraph, the Secretary of Health and Human Services shall provide for application of the following standards: (1) (A) In each urban area, at least 90 percent of Medicare beneficiaries in a plan’s service area, on average, live within 2 miles of a retail pharmacy participation in the prescription drug plan’s or MA–PD plan’s network. (B) In each suburban area, at least 90 percent of Medicare beneficiaries in a plan’s service area, on average, live within 5 miles of a retail pharmacy participation in the prescription drug plan’s or MA–PD plan’s network. (C) In each rural area, at least 70 percent of Medicare beneficiaries in a plan’s service area, on average, live within 15 miles of a retail pharmacy participation in the prescription drug plan’s or MA–PD plan’s network. (D) There shall be no averaging of such distances across or among urban, suburban, and rural areas. (2) The rules shall require plans to measure traveling distances from beneficiaries’ homes to community pharmacies based on commonly traveled routes.", "id": "H492A72EB38CE489095933BC62B238247", "header": "Community pharmacy access standards under the medicare outpatient prescription drug program", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "Access to health care", "Administrative procedure", "Antitrust law", "Business records", "Commerce", "Consumer discounts", "Consumer education", "Consumer protection", "Contracts", "Damages", "Department of Health and Human Services", "Drug industry", "Drug utilization", "Drugs", "Employee health benefits", "Fees", "Finance and Financial Sector", "Financial statements", "Fines (Penalties)", "Generic drugs", "Government Operations and Politics", "Government paperwork", "Health", "Health care fraud", "Health insurance", "Health maintenance organizations", "Insurance companies", "Medical statistics", "Medicare", "Patients' rights", "Pharmacies", "Prescription pricing", "Restrictive trade practices", "Social Welfare", "Standards" ]

[ { "text": "1. Name of Department of Veterans Affairs medical center in Amarillo, Texas \nThe Department of Veterans Affairs medical center in Amarillo, Texas, shall after the date of the enactment of this Act be known and designated as the Thomas E. Creek Department of Veterans Affairs Medical Center. Any reference to that medical center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Thomas E. Creek Department of Veterans Affairs Medical Center.", "id": "H3ADB0EDE79824DFDB6C485AE2BF3587D", "header": "Name of Department of Veterans Affairs medical center in Amarillo, Texas", "nested": [], "links": [] } ]

[ "Armed Forces and National Security", "Congress", "Congressional tributes", "Health", "Marines", "Military personnel", "Names", "Texas", "Veterans' hospitals", "Vietnamese Conflict" ]

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

[ "Disabled", "Economics and Public Finance", "Elementary and secondary education", "Elementary education", "Employee training", "Federal aid to education", "Higher education", "Labor and Employment", "Nonprofit organizations", "School districts", "Secondary education", "Social Welfare", "Special education", "Teacher education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural Education Equity Act of 2004.", "id": "HCE1524C695EC4C7BA9BAA8EDFC9644A3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Increased flexibility for rural local educational agencies \n(a) In general \nIf the Secretary of Education takes any action (whether by regulation, guidance, or otherwise) to authorize increased flexibility for any category of rural local educational agencies, the Secretary shall extend the same level of increased flexibility to all rural local educational agencies. (b) Definitions \nIn this section: (1) Increased flexibility \nThe term increased flexibility means increased flexibility under, or facilitated compliance with, part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (2) Rural local educational agency \nThe term rural local educational agency includes any local educational agency described in section 6211(b) or section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) , 7351(b)(1)). (c) Application \nThis section applies to any action described in subsection (a) that occurs on or after January 8, 2002 (the date of the enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 )).", "id": "HBDF2006159EE40B40081ADC631F6E1DF", "header": "Increased flexibility for rural local educational agencies", "nested": [ { "text": "(a) In general \nIf the Secretary of Education takes any action (whether by regulation, guidance, or otherwise) to authorize increased flexibility for any category of rural local educational agencies, the Secretary shall extend the same level of increased flexibility to all rural local educational agencies.", "id": "H3E09346B051D4BFBB2A099DF11F888B0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Increased flexibility \nThe term increased flexibility means increased flexibility under, or facilitated compliance with, part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (2) Rural local educational agency \nThe term rural local educational agency includes any local educational agency described in section 6211(b) or section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) , 7351(b)(1)).", "id": "H9AAC88F629254EA1A0F41E00F7F23C77", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 7345(b)", "legal-doc": "usc", "parsable-cite": "usc/20/7345" } ] }, { "text": "(c) Application \nThis section applies to any action described in subsection (a) that occurs on or after January 8, 2002 (the date of the enactment of the No Child Left Behind Act of 2001 ( Public Law 107–110 )).", "id": "HE6D2931CF9874553A0C6EE742FFAF9E4", "header": "Application", "nested": [], "links": [ { "text": "Public Law 107–110", "legal-doc": "public-law", "parsable-cite": "pl/107/110" } ] } ], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 7345(b)", "legal-doc": "usc", "parsable-cite": "usc/20/7345" }, { "text": "Public Law 107–110", "legal-doc": "public-law", "parsable-cite": "pl/107/110" } ] } ]

[ "Academic performance", "Administrative procedure", "Department of Education", "Economics and Public Finance", "Education of the disadvantaged", "Educational accountability", "Elementary and secondary education", "Elementary education", "Federal aid to education", "Government Operations and Politics", "Housing and Community Development", "Law", "Rural education", "School districts", "Secondary education", "Social Welfare", "Standards" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HB4C446F9EA5948B5BC356BD7F14896B2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition of discrimination based on previous lawful travel experiences \n(a) In general \nIt shall be unlawful to deny any person life insurance coverage, or to make any distinction or otherwise discriminate in the issuance, cancellation, terms (including premium rates), or conditions of life insurance coverage, based upon the past lawful travel experiences of such person. (b) Definition \n(1) In general \nFor purposes of this Act, the term life insurance means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of insurance. (2) Included insurance \nSuch term includes the granting of— (A) endowment benefits; (B) additional benefits in the event of death by accident or accidental means; (C) disability income benefits; (D) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, or special benefit in the event of total and permanent disability; (E) benefits that provide payment or reimbursement for long-term home health care, or long-term care in a nursing home or other related facility; (F) burial insurance; and (G) optional modes of settlement of proceeds of life insurance. (3) Exclusions \nSuch term does not include property and casualty insurance, health insurance (except as otherwise provided in paragraph (2)), or workers compensation insurance.", "id": "H29F07FDBFAA94143B3004C3336A2D8D8", "header": "Prohibition of discrimination based on previous lawful travel experiences", "nested": [ { "text": "(a) In general \nIt shall be unlawful to deny any person life insurance coverage, or to make any distinction or otherwise discriminate in the issuance, cancellation, terms (including premium rates), or conditions of life insurance coverage, based upon the past lawful travel experiences of such person.", "id": "H831030C9AEBF45D5ADA71958F661003D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition \n(1) In general \nFor purposes of this Act, the term life insurance means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of insurance. (2) Included insurance \nSuch term includes the granting of— (A) endowment benefits; (B) additional benefits in the event of death by accident or accidental means; (C) disability income benefits; (D) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, or special benefit in the event of total and permanent disability; (E) benefits that provide payment or reimbursement for long-term home health care, or long-term care in a nursing home or other related facility; (F) burial insurance; and (G) optional modes of settlement of proceeds of life insurance. (3) Exclusions \nSuch term does not include property and casualty insurance, health insurance (except as otherwise provided in paragraph (2)), or workers compensation insurance.", "id": "HF26A0B1D267E4128A4E986F7FC42BFF9", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Enforcement \nA violation of this section constitutes an unfair method of competition and an unfair or deceptive act or practice under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ).", "id": "H2966E2DE04AE47668800631F3DD4DBB6", "header": "Enforcement", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "4. Effective date \nThis Act shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act and shall apply to any policy for life insurance coverage issued, renewed, altered, or modified after the expiration of such period.", "id": "HB540421A9F5942189F413686CA004758", "header": "Effective date", "nested": [], "links": [] } ]

[ "Civil Rights and Liberties, Minority Issues", "Commerce", "Consumer protection", "Discrimination in insurance", "Insurance companies", "Insurance premiums", "Life insurance", "Restrictive trade practices", "Transportation and Public Works", "Travel" ]

[ { "text": "1. Short title \nThis Act may be cited as the TANF and Related Programs Continuation Act of 2004.", "id": "H68523E14429C41189332D80050729FF7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of the Temporary Assistance for Needy Families block grant program through September 30, 2004 \n(a) In general \nActivities authorized by part A of title IV of the Social Security Act , and by sections 510, 1108(b), and 1925 of such Act, shall continue through September 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the fourth quarter of fiscal year 2004 at the level provided for such activities through the fourth quarter of fiscal year 2002. (b) Conforming amendment \nSection 403(a)(3)(H)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(3)(H)(ii) ) is amended by striking June 30 and inserting September 30.", "id": "H1C2D28C4AC9B4836AF67BDBA156CD6AF", "header": "Extension of the Temporary Assistance for Needy Families block grant program through September 30, 2004", "nested": [ { "text": "(a) In general \nActivities authorized by part A of title IV of the Social Security Act , and by sections 510, 1108(b), and 1925 of such Act, shall continue through September 30, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the fourth quarter of fiscal year 2004 at the level provided for such activities through the fourth quarter of fiscal year 2002.", "id": "H728B527F8D3F46B8AEB5E3E568F906BD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 403(a)(3)(H)(ii) of the Social Security Act ( 42 U.S.C. 603(a)(3)(H)(ii) ) is amended by striking June 30 and inserting September 30.", "id": "H9BBED812F9A24B65B4E4CA6BC2D3DE00", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 603(a)(3)(H)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/603" } ] } ], "links": [ { "text": "42 U.S.C. 603(a)(3)(H)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/603" } ] }, { "text": "3. Extension of the national random sample study of child welfare and child welfare waiver authority through September 30, 2004 \nActivities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through September 30, 2004, in the manner authorized for fiscal year 2002, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the fourth quarter of fiscal year 2004 at the level provided for such activities through the fourth quarter of fiscal year 2002.", "id": "HCE0B53452AF14CF785B1F87CE9EA2B19", "header": "Extension of the national random sample study of child welfare and child welfare waiver authority through September 30, 2004", "nested": [], "links": [] } ]

[ "Adoption", "Aid to dependent children", "Appropriations", "Cash welfare block grants", "Child welfare", "Economics and Public Finance", "Families", "Foster home care", "Government Operations and Politics", "Governmental investigations", "Health", "Medicaid", "Sexual abstinence", "Social surveys", "Welfare eligibility", "Welfare waivers" ]

[ { "text": "1. Permanent resident status for Amina Silmi \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Amina Silmi 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 Amina Silmi 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 Amina Silmi, 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 Amina Silmi shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HE27FCCB43FF7455194E0DC045BA17EB", "header": "Permanent resident status for Amina Silmi", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Amina Silmi 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": "HC94C693943B94B8A852146BB171CF300", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Amina Silmi 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": "H33FDB267348445A9A9A4D1444619CC1C", "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": "HF8466B57852B4BEBAEC3C3CA3B46F678", "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 Amina Silmi, 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": "HB5A4ACF9CDEF4F76BD072BB342F53361", "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 Amina Silmi shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H7C9901C17585415184B9449D7FDADFCC", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Immigration" ]

[ { "text": "1. Immigration relief for innocent victims of immigration fraud \n(a) In general \n(1) Relief upon approval of application \nIf an alien, upon application to the Secretary of Homeland Security, establishes to the satisfaction of the Secretary that such alien is an eligible alien (as defined in subsection (b)) and is, but for the specified immigration fraud, admissible to the United States as an immigrant and is not removable from the United States, the Secretary shall provide immigration relief for such alien under subsection (c). (2) Relief pending approval \nIn the case of an eligible alien, the Secretary shall suspend any pending proceedings providing for revocation of adjustment of status, revocation of naturalization, or removal with respect to such eligible alien in order to provide such alien with a reasonable opportunity to apply for immigration relief under this section and during the pendency of the application for such relief. (b) Eligible alien, specified immigration fraud defined \nFor purposes of this section: (1) Eligible alien \nThe term eligible alien means an alien— (A) who obtained status as a nonimmigrant on or after January 1, 1980, and who, at the time of obtaining such status, was a national of the Republic of Korea; (B) who applied, before January 1, 1999, through one or more immigration brokers for adjustment of such status to that of the status of an alien lawfully admitted to the United States for permanent residence, and who applied through the Immigration and Naturalization office located in San Jose, California; (C) whose application for adjustment of status described in subparagraph (B) was approved as a result of bribery by such immigration brokers of a supervisor of the Immigration and Naturalization Service for such office; and (D) who had no actual knowledge of such fraud at the time of such adjustment. (2) Treatment of spouses and children \nSuch term includes an alien who obtained lawful permanent resident status as the spouse or child of an eligible alien described in paragraph (1). (3) Specified immigration fraud \nThe term specified immigration fraud means the bribery described in paragraph (1)(C). (c) Form of immigration relief \n(1) In general \nIf an application of an eligible alien under subsection (a) is approved, then— (A) the specified immigration fraud shall not be considered in determining the admissibility or removeability of such alien; and (B) the Secretary shall provide for the restoration of the alien’s status as if the original adjustment of status described in subsection (b)(1)(C) had been lawful, in accordance with the succeeding provisions of this subsection. (2) Restoration of status to lawful permanent resident \nIn the case of an approved application for an alien whose adjustment of status to lawful permanent resident status was rescinded solely as a result of the specified immigration fraud, the Secretary shall vitiate such rescission and shall restore the status of such alien to that of an alien lawfully admitted for permanent residence. Such restoration shall be effective as of the date of such rescission. (3) Restoration of naturalization \nIn the case of an eligible alien who has been naturalized as a citizen of the United States and whose naturalization was revoked solely as a result of the specified immigration fraud, the Secretary shall vitiate such revocation and shall restore such citizenship status to such alien. Such restoration shall be effective as of the date of such revocation. (4) Parole into the United States for eligible aliens who have departed \nIn the case of an eligible alien who has been removed, or has voluntarily departed, from the United States in connection with charges relating to specified immigration fraud, the Secretary shall parole such alien into the United States for the purpose of filing an application for immigration relief under this section. (d) Procedures and definitions \n(1) Procedures for application \nAn alien seeking immigration relief under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The Secretary shall not charge such alien a fee in connection with such application. (2) No reduction in number of immigrant visas available \nThe Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) if an application of an eligible alien for immigration relief under this section is approved. (3) Application of other definitions \nFor purposes of this section and except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security and the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be construed to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible for immigration relief under this section shall not preclude such alien from seeking immigration relief under any other provision of law for which such alien may be eligible.", "id": "HA16B3FC66730483B9351479397EA4F75", "header": "Immigration relief for innocent victims of immigration fraud", "nested": [ { "text": "(a) In general \n(1) Relief upon approval of application \nIf an alien, upon application to the Secretary of Homeland Security, establishes to the satisfaction of the Secretary that such alien is an eligible alien (as defined in subsection (b)) and is, but for the specified immigration fraud, admissible to the United States as an immigrant and is not removable from the United States, the Secretary shall provide immigration relief for such alien under subsection (c). (2) Relief pending approval \nIn the case of an eligible alien, the Secretary shall suspend any pending proceedings providing for revocation of adjustment of status, revocation of naturalization, or removal with respect to such eligible alien in order to provide such alien with a reasonable opportunity to apply for immigration relief under this section and during the pendency of the application for such relief.", "id": "H481ECF69105F4DBA9B31FF1662AEEA00", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible alien, specified immigration fraud defined \nFor purposes of this section: (1) Eligible alien \nThe term eligible alien means an alien— (A) who obtained status as a nonimmigrant on or after January 1, 1980, and who, at the time of obtaining such status, was a national of the Republic of Korea; (B) who applied, before January 1, 1999, through one or more immigration brokers for adjustment of such status to that of the status of an alien lawfully admitted to the United States for permanent residence, and who applied through the Immigration and Naturalization office located in San Jose, California; (C) whose application for adjustment of status described in subparagraph (B) was approved as a result of bribery by such immigration brokers of a supervisor of the Immigration and Naturalization Service for such office; and (D) who had no actual knowledge of such fraud at the time of such adjustment. (2) Treatment of spouses and children \nSuch term includes an alien who obtained lawful permanent resident status as the spouse or child of an eligible alien described in paragraph (1). (3) Specified immigration fraud \nThe term specified immigration fraud means the bribery described in paragraph (1)(C).", "id": "H01195EC42F65457EAF7D2E5C5EF24C9B", "header": "Eligible alien, specified immigration fraud defined", "nested": [], "links": [] }, { "text": "(c) Form of immigration relief \n(1) In general \nIf an application of an eligible alien under subsection (a) is approved, then— (A) the specified immigration fraud shall not be considered in determining the admissibility or removeability of such alien; and (B) the Secretary shall provide for the restoration of the alien’s status as if the original adjustment of status described in subsection (b)(1)(C) had been lawful, in accordance with the succeeding provisions of this subsection. (2) Restoration of status to lawful permanent resident \nIn the case of an approved application for an alien whose adjustment of status to lawful permanent resident status was rescinded solely as a result of the specified immigration fraud, the Secretary shall vitiate such rescission and shall restore the status of such alien to that of an alien lawfully admitted for permanent residence. Such restoration shall be effective as of the date of such rescission. (3) Restoration of naturalization \nIn the case of an eligible alien who has been naturalized as a citizen of the United States and whose naturalization was revoked solely as a result of the specified immigration fraud, the Secretary shall vitiate such revocation and shall restore such citizenship status to such alien. Such restoration shall be effective as of the date of such revocation. (4) Parole into the United States for eligible aliens who have departed \nIn the case of an eligible alien who has been removed, or has voluntarily departed, from the United States in connection with charges relating to specified immigration fraud, the Secretary shall parole such alien into the United States for the purpose of filing an application for immigration relief under this section.", "id": "HB09A3AFD2ABC4E25008DCD39833FC529", "header": "Form of immigration relief", "nested": [], "links": [] }, { "text": "(d) Procedures and definitions \n(1) Procedures for application \nAn alien seeking immigration relief under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. The Secretary shall not charge such alien a fee in connection with such application. (2) No reduction in number of immigrant visas available \nThe Secretary of State shall not reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) if an application of an eligible alien for immigration relief under this section is approved. (3) Application of other definitions \nFor purposes of this section and except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security and the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing in this section shall be construed to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible for immigration relief under this section shall not preclude such alien from seeking immigration relief under any other provision of law for which such alien may be eligible.", "id": "H04D837CD2114430CAD0860C9DEC28CF6", "header": "Procedures and definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]

[ "Administrative remedies", "Aliens", "Bribery", "Crime and Law Enforcement", "Department of Homeland Security", "East Asia", "Families", "Fraud", "Government Operations and Politics", "Immigrants", "Law", "Married people", "Naturalization", "South Korea", "Victims of crimes", "Visas" ]

[ { "text": "1. Electron guns for cathode ray tubes and other television parts \n(a) In general \n(1) Electron guns for cathode ray tubes \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: 9902.85.23 Electron guns actually used for cathode ray tubes (CRT’s) with a high definition television screen aspect ratio of 16:9 (provided for in subheading 8540.91.50 Free No change No change On or before 12/31/2006. (2) LCD panel assemblies \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: 9902.85.24 LCD panel assemblies for use in LCD projection type televisions (provided for in subheading 9013.80.90) Free No change No change On or before 12/31/2006. (3) Plasma display panels \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: 9902.85.25 Plasma display panels for use in plasma flat screen televisions (provided for in subheading 8529.90.53 Free No change No change On or before 12/31/2006. (b) Effective date \nThe amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HC7E1F827DA9745ADBB478F59D3BD4350", "header": "Electron guns for cathode ray tubes and other television parts", "nested": [ { "text": "(a) In general \n(1) Electron guns for cathode ray tubes \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: 9902.85.23 Electron guns actually used for cathode ray tubes (CRT’s) with a high definition television screen aspect ratio of 16:9 (provided for in subheading 8540.91.50 Free No change No change On or before 12/31/2006. (2) LCD panel assemblies \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: 9902.85.24 LCD panel assemblies for use in LCD projection type televisions (provided for in subheading 9013.80.90) Free No change No change On or before 12/31/2006. (3) Plasma display panels \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: 9902.85.25 Plasma display panels for use in plasma flat screen televisions (provided for in subheading 8529.90.53 Free No change No change On or before 12/31/2006.", "id": "HF7C155C7575941469DF093D074D1790", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H11D33FDAB47649929687CB2D845088E3", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Equipment and supplies", "Science, Technology, Communications", "Tariff", "Television", "Video display terminals" ]

[ { "text": "1. Short title \nThis Act may be cited as the Northwest Rural Employment and Forest Restoration Act of 2004.", "id": "HCB218067C2044ADFA912442137B06411", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this section: (1) Northwest forest plan \nThe term Northwest Forest Plan means the collection of documents issued in 1994 and entitled Final Supplemental Environmental Impact Statement and Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl and Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl. (2) Westside forest land \nThe term Westside Forest land refers to the publicly owned Douglas fir and western hemlock forests in Oregon and Washington that are covered by the Northwest Forest Plan, located west of the Cascade Crest, and administered by the Bureau of Land Management or the Forest Service. These forests generally belong to the western hemlock and pacific silver fir plant associations and have their geographic center north of the mixed conifer and pine series characteristic of Southern Oregon. These forests are found within the boundaries of the Mt. Baker-Snoqualmie National Forests, Olympic National Forest, Gifford Pinchot National Forest, Siuslaw National Forest, Mount Hood National Forest, Willamette National Forest, Umpqua National Forest, Rogue River National Forest, Salem Bureau of Land Management District, Eugene Bureau of Land Management District, Roseburg Bureau of Land Management District, Coos Bay Bureau of Land Management District, and Medford Bureau of Land Management District. (3) forest health \nThe term forest health , with respect to an area of Westside Forest land, refers to the ability of the land to support viable native species assemblages or to have, or be developing, historic species composition, function, and structure and hydrologic function. (4) Late-successional reserve \nThe term late-successional reserve means land area designated as a late-successional reserve pursuant to the Northwest Forest Plan. (5) Old growth \nThe term old growth means late-successional and mature multi-storied conifer forest stands, more than 120 years old as of the date of the enactment of this Act, that provide, or are likely to provide, complex habitat for associated species assemblages. (6) Young managed stands \nThe term young managed stand means a stand of trees where the overstory has been mechanically removed and the stand has been artificially regenerated.", "id": "HE2135B79B3A5459BABC692301363FE6D", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds the following: (1) The Northwest Forest Plan can be better implemented. Better implementation and funding of the Northwest Forest Plan could significantly improve protection for native forest ecosystems and wildlife and substantially increase timber production and economic opportunities for rural communities. (2) Logging of old-growth forests diminishes a unique natural heritage, as well as habitat for rare, threatened and endangered species. Old-growth logging creates intense public controversy that has prevented attainment of the social and economic goals of the Northwest Forest Plan. Thinning in younger, previously managed forests, on the contrary, can help recover habitat, reduce controversy, and create certainty and stability in wood fiber production. (3) To improve habitat and to capture future commodity production potential, the Forest Service and Bureau of Land Management should implement an accelerated thinning regime across a wide landscape, primarily in young managed stands. (4) There are vast unmet thinning needs on Westside Forest lands. Currently there are over 1,000,000 acres of young managed stands designated as late-successional reserves within the range of the Northwest Forest Plan that need immediate thinning or will need thinning in the near future. Additionally, there are approximately 1,000,000 acres of young managed stands designated as matrix on these lands that are also in immediate need of thinning or will need thinning in the near future. (5) The Forest Service estimates that thinning the millions of acres of young managed stands on Westside Forest lands could produce approximately 6,000,000,000 board-feet of commercial timber over the next couple of decades. (6) The timber industry in Oregon and Washington has largely re-tooled its existing mills to process the smaller-diameter commercial timber generated from thinning young managed stands and is no longer dependent on large-diameter old-growth trees. (7) A program of intensive and accelerated thinning in young managed stands could annually yield twice the volume of commercial timber products than the volume currently being produced from Federal lands under the Northwest Forest Plan. (8) The Olympic and Siuslaw National Forests represent nine percent of the National Forest land base in Oregon and Washington under the Northwest Forest Plan, but in 2003 produced almost 20 percent of the volume in this area. A number of factors account for this fact, but the primary reason for these forests’ productivity is the absence of appeals and litigation due to an emphasis on thinning young managed stands. (9) The Siuslaw National Forest generates approximately 20,000,000 board-feet annually, with the potential to generate 50,000,000 board-feet, from young managed stands, resulting in millions of dollars for additional restoration projects, other forest accounts, payments to local counties, and the Federal Treasury. (10) The Gifford Pinchot National Forest was once the top producing forest in Washington. Harvest volumes dropped substantially, to approximately 2,000,000 board-feet of timber per year, due to controversy over old-growth logging. Since shifting to an emphasis on thinning young managed stands, the Gifford Pinchot National Forest can now produce nearly 18,000,000 board-feet of commercial timber annually with virtually no controversy, appeals, or litigation. (11) Thinning young managed stands could significantly contribute to improved forest health, water quality, wildlife and vegetation diversity, and the development of vital old growth forest ecosystems, while providing thousands of jobs and much-needed economic activity in depressed rural communities of Western Oregon and Washington.", "id": "HE3FE2834CA354310B177931EBA67F56F", "header": "Findings", "nested": [], "links": [] }, { "text": "4. Inventory of Westside Forest land \n(a) Westside forest inventory \nNot later than 180 days after the date of the enactment of this Act, each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land shall— (1) identify different forest land management allocations, as amended by the Northwest Forest Plan; and (2) identify the location, acreage, and age of old growth stands, young managed stands, and other naturally occuring stands, regardless of land management allocation. (b) Existing inventories \nExisting forest inventories may be used to satisfy the requirements of this section, subject to an internal review confirming the accuracy of the inventory.", "id": "H4FE1804272534C57A165A4569354AF7C", "header": "Inventory of Westside Forest land", "nested": [ { "text": "(a) Westside forest inventory \nNot later than 180 days after the date of the enactment of this Act, each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land shall— (1) identify different forest land management allocations, as amended by the Northwest Forest Plan; and (2) identify the location, acreage, and age of old growth stands, young managed stands, and other naturally occuring stands, regardless of land management allocation.", "id": "H7B25E65A2EF84000A469E881C2F00BB", "header": "Westside forest inventory", "nested": [], "links": [] }, { "text": "(b) Existing inventories \nExisting forest inventories may be used to satisfy the requirements of this section, subject to an internal review confirming the accuracy of the inventory.", "id": "H43F91220A2164AADAF4CBAD51CCAFE02", "header": "Existing inventories", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Management Priorities for Westside Forest land \n(a) Forest health projects; prioritization \nUpon completion of the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit shall plan and implement projects described in subsection (b) through (e) to enhance the forest health of Westside Forest land managed by the administrative unit. In selecting such projects, resources of the administrative unit shall be prioritized so that significant acreage identified in the inventory in the two categories described in subsections (b) and (c) are planned for treatment, and treatment has begun, before planning of projects described in subsections (d) and (e) is commenced. (b) Enhancement of late-successional forest development \nThe highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands in late-successional reserves. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80-year age limit for late-successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. (c) Improvement of young managed stands \nThe second highest priority shall be given to projects involving thinning in young managed stands designated for timber production in the matrix designed to increase the objectives of future timber production or enhanced habitat, or both objectives. (d) Testing of innovative management techniques and strategies \nAn administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests. (e) Projects on matrix land \nFor matrix land containing old growth stands, an administrative unit shall not plan, advertise, contract, or implement any harvest of timber, except for noncommercial use, or noncommercial purposes in an emergency situation such as wildland fire-fighting. Other projects may include any management activity allowed by the Northwest Forest Plan.", "id": "H4708639852EF4B2D8EE8005FE8AD8570", "header": "Management Priorities for Westside Forest land", "nested": [ { "text": "(a) Forest health projects; prioritization \nUpon completion of the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit shall plan and implement projects described in subsection (b) through (e) to enhance the forest health of Westside Forest land managed by the administrative unit. In selecting such projects, resources of the administrative unit shall be prioritized so that significant acreage identified in the inventory in the two categories described in subsections (b) and (c) are planned for treatment, and treatment has begun, before planning of projects described in subsections (d) and (e) is commenced.", "id": "H459563A5D0654907B8CD09291600A827", "header": "Forest health projects; prioritization", "nested": [], "links": [] }, { "text": "(b) Enhancement of late-successional forest development \nThe highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands in late-successional reserves. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80-year age limit for late-successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site.", "id": "HCE3D5C1B549B45178D0042E4CD41366F", "header": "Enhancement of late-successional forest development", "nested": [], "links": [] }, { "text": "(c) Improvement of young managed stands \nThe second highest priority shall be given to projects involving thinning in young managed stands designated for timber production in the matrix designed to increase the objectives of future timber production or enhanced habitat, or both objectives.", "id": "H912593FAA6D147A0B5D935AFFC36C3F", "header": "Improvement of young managed stands", "nested": [], "links": [] }, { "text": "(d) Testing of innovative management techniques and strategies \nAn administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests.", "id": "H0B0AAA436D5B4A519C6CC7D5B7A52E29", "header": "Testing of innovative management techniques and strategies", "nested": [], "links": [] }, { "text": "(e) Projects on matrix land \nFor matrix land containing old growth stands, an administrative unit shall not plan, advertise, contract, or implement any harvest of timber, except for noncommercial use, or noncommercial purposes in an emergency situation such as wildland fire-fighting. Other projects may include any management activity allowed by the Northwest Forest Plan.", "id": "H22AA877498C24E34A6EFEBD82C95DA5D", "header": "Projects on matrix land", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Preparation of programmatic environmental documentation \n(a) NEPA documentation \nBased on the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 5. (b) Elimination of repetitive discussions of issues \nIf programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference.", "id": "H07299F4F4C3A4F4B8EE6D10638177FF6", "header": "Preparation of programmatic environmental documentation", "nested": [ { "text": "(a) NEPA documentation \nBased on the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 5.", "id": "HB4E7EA244BA74DF4A35F83F553E661EB", "header": "NEPA documentation", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Elimination of repetitive discussions of issues \nIf programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference.", "id": "HCE2C3380787844D1971D1F990000DBF", "header": "Elimination of repetitive discussions of issues", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "7. Implementation requirements and authorization of appropriations \n(a) Relation to northwest forest plan \nThis Act is intended to supplement the requirements of the Northwest Forest Plan. Except as provided in section 5, all projects on Westside Forest lands shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws. (b) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 for each fiscal year to plan and implement projects under section 5. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management. (c) Treatment of proceeds from certain projects \n(1) Retained proceeds \nSubject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 5(b) for use in planning and implementing other projects under such section and other projects to improve forest health on Westside Forest lands. (2) Relation to other forest receipt laws \nNothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 ( 16 U.S.C. 576b ), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Westside Forest lands.", "id": "H310E53DD537046FE86FF00095F5E7109", "header": "Implementation requirements and authorization of appropriations", "nested": [ { "text": "(a) Relation to northwest forest plan \nThis Act is intended to supplement the requirements of the Northwest Forest Plan. Except as provided in section 5, all projects on Westside Forest lands shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws.", "id": "HDDEE177CE62E401D9BC0F011FBD5B05", "header": "Relation to northwest forest plan", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 for each fiscal year to plan and implement projects under section 5. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management.", "id": "HBE7A068A49904E5FB6B00BBC846FD8B", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) Treatment of proceeds from certain projects \n(1) Retained proceeds \nSubject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 5(b) for use in planning and implementing other projects under such section and other projects to improve forest health on Westside Forest lands. (2) Relation to other forest receipt laws \nNothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 ( 16 U.S.C. 576b ), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Westside Forest lands.", "id": "H303EAF4404654FC2B694C5A9EE706BFD", "header": "Treatment of proceeds from certain projects", "nested": [], "links": [ { "text": "16 U.S.C. 576b", "legal-doc": "usc", "parsable-cite": "usc/16/576b" } ] } ], "links": [ { "text": "16 U.S.C. 576b", "legal-doc": "usc", "parsable-cite": "usc/16/576b" } ] } ]

[ "Animals", "Commerce", "Environmental Protection", "Environmental assessment", "Forest health", "Forest management", "Government Operations and Politics", "Government paperwork", "Habitat conservation", "Logging", "Lumber trade", "National forests", "Old growth forests", "Oregon", "Timber sales", "Washington State" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H92FCFEA565B94D79A9052FF9B2543BEE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Criminal offense against a victim who is a minor \nThe term criminal offense against a victim who is a minor has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14071(a)(3) ). (2) Minimally sufficient sexual offender registration program \nThe term minimally sufficient sexual offender registration program has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14072(a) ). (3) Sexually violent offense \nThe term sexually violent offense has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14071(a)(3) ). (4) Sexually violent predator \nThe term sexually violent predator has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14072(a) ).", "id": "HE8336F1E221E4DD1A300621E1939BB1F", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 14071(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/14071" }, { "text": "42 U.S.C. 14072(a)", "legal-doc": "usc", "parsable-cite": "usc/42/14072" }, { "text": "42 U.S.C. 14071(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/14071" }, { "text": "42 U.S.C. 14072(a)", "legal-doc": "usc", "parsable-cite": "usc/42/14072" } ] }, { "text": "3. Establishment of database \n(a) In general \nThe Attorney General shall establish a National sex offender registry that— (1) makes publicly available, via the Internet, all information required to be submitted by States to the Attorney General under subsection (b); and (2) allows for users of the registry to determine which registered sex offenders are currently residing within a radius, as specified by the user of the registry, of the location indicated by the user of the registry. (b) Information from States \n(1) In general \nIf any person convicted of a criminal offense against a victim who is a minor or a sexually violent offense, or any sexually violent predator, is required to register with a minimally sufficient sexual offender registration program within a State, including a program established under section 170101 of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14017(b) ), that State shall submit to the Attorney General— (A) the name and any known aliases of the person; (B) the date of birth of the person; (C) the current address of the person and any subsequent changes of that address; (D) a physical description and current photograph of the person; (E) the nature of and date of commission of the offense by the person; and (F) the date on which the person is released from prison, or placed on parole, supervised release, or probation. (2) States without registration program \nThe Federal Bureau of Investigation shall collect from any person required to register under section 170102(c) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14072(b) ) the information required under paragraph (1), and submit that information to the Attorney General for inclusion in the National sex offender registry established under section 2.", "id": "H9D21C370786D4F41AB6095EB15A20923", "header": "Establishment of database", "nested": [ { "text": "(a) In general \nThe Attorney General shall establish a National sex offender registry that— (1) makes publicly available, via the Internet, all information required to be submitted by States to the Attorney General under subsection (b); and (2) allows for users of the registry to determine which registered sex offenders are currently residing within a radius, as specified by the user of the registry, of the location indicated by the user of the registry.", "id": "H0DB0816E875544D3906652F6918000E4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Information from States \n(1) In general \nIf any person convicted of a criminal offense against a victim who is a minor or a sexually violent offense, or any sexually violent predator, is required to register with a minimally sufficient sexual offender registration program within a State, including a program established under section 170101 of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14017(b) ), that State shall submit to the Attorney General— (A) the name and any known aliases of the person; (B) the date of birth of the person; (C) the current address of the person and any subsequent changes of that address; (D) a physical description and current photograph of the person; (E) the nature of and date of commission of the offense by the person; and (F) the date on which the person is released from prison, or placed on parole, supervised release, or probation. (2) States without registration program \nThe Federal Bureau of Investigation shall collect from any person required to register under section 170102(c) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act ( 42 U.S.C. 14072(b) ) the information required under paragraph (1), and submit that information to the Attorney General for inclusion in the National sex offender registry established under section 2.", "id": "HD858A06103264A7CBCD7A141476678F5", "header": "Information from States", "nested": [], "links": [ { "text": "42 U.S.C. 14017(b)", "legal-doc": "usc", "parsable-cite": "usc/42/14017" }, { "text": "42 U.S.C. 14072(b)", "legal-doc": "usc", "parsable-cite": "usc/42/14072" } ] } ], "links": [ { "text": "42 U.S.C. 14017(b)", "legal-doc": "usc", "parsable-cite": "usc/42/14017" }, { "text": "42 U.S.C. 14072(b)", "legal-doc": "usc", "parsable-cite": "usc/42/14072" } ] }, { "text": "4. Release of high risk inmates \n(a) Civil commitment proceedings \n(1) In general \nAny State that provides for a civil commitment proceeding, or any equivalent proceeding, shall issue timely notice to the attorney general of that State of the impending release of any person incarcerated by the State who— (A) is a sexually violent predator; or (B) has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. (2) Review \nUpon receiving notice under paragraph (1), the State attorney general shall consider whether or not to institute a civil commitment proceeding, or any equivalent proceeding required under State law. (b) Monitoring of released persons \n(1) In general \nEach State shall intensively monitor, for not less than 1 year, any person described under paragraph (2) who— (A) has been unconditionally released from incarceration by the State; and (B) has not been civilly committed pursuant to a civil commitment proceeding, or any equivalent proceeding under State law. (2) Applicability \nParagraph (1) shall apply to— (A) any sexually violent predator; or (B) any person who has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor.", "id": "H03A475CBAB1442EAABDB113507ECA389", "header": "Release of high risk inmates", "nested": [ { "text": "(a) Civil commitment proceedings \n(1) In general \nAny State that provides for a civil commitment proceeding, or any equivalent proceeding, shall issue timely notice to the attorney general of that State of the impending release of any person incarcerated by the State who— (A) is a sexually violent predator; or (B) has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. (2) Review \nUpon receiving notice under paragraph (1), the State attorney general shall consider whether or not to institute a civil commitment proceeding, or any equivalent proceeding required under State law.", "id": "H5BB4056C4D404D1185F3912F12A6D4E", "header": "Civil commitment proceedings", "nested": [], "links": [] }, { "text": "(b) Monitoring of released persons \n(1) In general \nEach State shall intensively monitor, for not less than 1 year, any person described under paragraph (2) who— (A) has been unconditionally released from incarceration by the State; and (B) has not been civilly committed pursuant to a civil commitment proceeding, or any equivalent proceeding under State law. (2) Applicability \nParagraph (1) shall apply to— (A) any sexually violent predator; or (B) any person who has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor.", "id": "H770DD0C9F6A5493EB44FE8BDE1CDB5D2", "header": "Monitoring of released persons", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Compliance \n(a) Compliance date \nEach State shall have not more than 3 years from the date of enactment of this Act in which to implement the requirements of sections 3 and 4. (b) Ineligibility for funds \nA State that fails to submit the information required under section 3(b) to the Attorney General, or fails to implement the requirements of section 4, shall not receive 25 percent of the funds that would otherwise be allocated to the State under section 20106(b) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13706(b) ). (c) Reallocation of funds \nAny funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with sections 3 and 4.", "id": "H3830F1457AD44EA0919E6D619BC1AAA0", "header": "Compliance", "nested": [ { "text": "(a) Compliance date \nEach State shall have not more than 3 years from the date of enactment of this Act in which to implement the requirements of sections 3 and 4.", "id": "HD7885A47860C4BFEA7AEEF16CDC56460", "header": "Compliance date", "nested": [], "links": [] }, { "text": "(b) Ineligibility for funds \nA State that fails to submit the information required under section 3(b) to the Attorney General, or fails to implement the requirements of section 4, shall not receive 25 percent of the funds that would otherwise be allocated to the State under section 20106(b) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13706(b) ).", "id": "H1E3292E5AF914917B9D2A9104056D9B", "header": "Ineligibility for funds", "nested": [], "links": [ { "text": "42 U.S.C. 13706(b)", "legal-doc": "usc", "parsable-cite": "usc/42/13706" } ] }, { "text": "(c) Reallocation of funds \nAny funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with sections 3 and 4.", "id": "HC59D357AEC244A8FA5685EF5D5277320", "header": "Reallocation of funds", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 13706(b)", "legal-doc": "usc", "parsable-cite": "usc/42/13706" } ] } ]

[ "Child sexual abuse", "Civil commitment", "Criminal justice information", "Data banks", "Directories", "Electronic government information", "Families", "Government Operations and Politics", "Government paperwork", "Government publicity", "Health", "Internet", "Parole", "Probation", "Public records", "Rape", "Science, Technology, Communications", "Sex offenders", "Women" ]

[ { "text": "1. Land conveyance, Navy property, former Fort Sheridan, Illinois \n(a) Conveyance authorized \nThe Secretary of the Navy may convey, without consideration, to the State of Illinois, a political subdivision of the State, or a nonprofit land conservation organization (in this section collectively referred to as the grantee ), all right, title, and interest of the United States in and to certain environmentally sensitive land at the former Fort Sheridan, Illinois, consisting of mostly bluffs and ravines, for the purpose of ensuring the permanent protection of the lands. (b) Reversionary interest \nIf the Secretary determines at any time that the real property conveyed under subsection (a) is not being used or maintained in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (c) Reconveyance authorized \nThe Secretary may permit the grantee to convey the real property conveyed under subsection (a) to another eligible entity described in such subsection, subject to the same covenants and terms and conditions as provided in the deed from the United States. (d) Payment of costs of conveyance \n(1) The Secretary shall require the grantee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the grantee in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the grantee. (2) Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Exemption from federal screening \nThe conveyance authorized by subsection (a) is exempt from the requirement to screen the property for other Federal use pursuant to sections 2693 and 2696 of title 10, United States Code. (f) Description of property \nThe exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (h) Use of alternate conveyance authority \nIn lieu of using the authority provided by this section to convey the real property described in subsection (a), the Secretary may elect to include the property in a conveyance authorized by section 2878 of title 10, United States Code, subject to such terms, reservations, restrictions, and conditions as may be necessary to ensure the permanent protection of the property, if the Secretary determines that a conveyance under such section is advantageous to the interests of the United States.", "id": "H03C90C681E35481AA6A0E23B5C38646C", "header": "Land conveyance, Navy property, former Fort Sheridan, Illinois", "nested": [ { "text": "(a) Conveyance authorized \nThe Secretary of the Navy may convey, without consideration, to the State of Illinois, a political subdivision of the State, or a nonprofit land conservation organization (in this section collectively referred to as the grantee ), all right, title, and interest of the United States in and to certain environmentally sensitive land at the former Fort Sheridan, Illinois, consisting of mostly bluffs and ravines, for the purpose of ensuring the permanent protection of the lands.", "id": "HA5C76A67319D48A990DFCE7B351D5806", "header": "Conveyance authorized", "nested": [], "links": [] }, { "text": "(b) Reversionary interest \nIf the Secretary determines at any time that the real property conveyed under subsection (a) is not being used or maintained in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.", "id": "HCD50E0A49DAD4B0C0050FCD2A62DD7B", "header": "Reversionary interest", "nested": [], "links": [] }, { "text": "(c) Reconveyance authorized \nThe Secretary may permit the grantee to convey the real property conveyed under subsection (a) to another eligible entity described in such subsection, subject to the same covenants and terms and conditions as provided in the deed from the United States.", "id": "HA85F560721AA4A32A9EF47CD00972D86", "header": "Reconveyance authorized", "nested": [], "links": [] }, { "text": "(d) Payment of costs of conveyance \n(1) The Secretary shall require the grantee to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the grantee in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the grantee. (2) Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.", "id": "HA7E0E59E18A348548C8CC3B80068F2AB", "header": "Payment of costs of conveyance", "nested": [], "links": [] }, { "text": "(e) Exemption from federal screening \nThe conveyance authorized by subsection (a) is exempt from the requirement to screen the property for other Federal use pursuant to sections 2693 and 2696 of title 10, United States Code.", "id": "H254FD08517234C71B913F3487F921983", "header": "Exemption from federal screening", "nested": [], "links": [ { "text": "2693", "legal-doc": "usc", "parsable-cite": "usc/10/2693" }, { "text": "2696", "legal-doc": "usc", "parsable-cite": "usc/10/2696" } ] }, { "text": "(f) Description of property \nThe exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.", "id": "HA211F295ABB14BEF83A64EE34FBBDC", "header": "Description of property", "nested": [], "links": [] }, { "text": "(g) Additional terms and conditions \nThe Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.", "id": "H2C082A6A7FAE44939CB68539C68D521", "header": "Additional terms and conditions", "nested": [], "links": [] }, { "text": "(h) Use of alternate conveyance authority \nIn lieu of using the authority provided by this section to convey the real property described in subsection (a), the Secretary may elect to include the property in a conveyance authorized by section 2878 of title 10, United States Code, subject to such terms, reservations, restrictions, and conditions as may be necessary to ensure the permanent protection of the property, if the Secretary determines that a conveyance under such section is advantageous to the interests of the United States.", "id": "H6472E08E3B7E4E4680FF1F2F97A08849", "header": "Use of alternate conveyance authority", "nested": [], "links": [ { "text": "section 2878", "legal-doc": "usc", "parsable-cite": "usc/10/2878" } ] } ], "links": [ { "text": "2693", "legal-doc": "usc", "parsable-cite": "usc/10/2693" }, { "text": "2696", "legal-doc": "usc", "parsable-cite": "usc/10/2696" }, { "text": "section 2878", "legal-doc": "usc", "parsable-cite": "usc/10/2878" } ] } ]

[ "Environmental Protection", "Environmental protection groups", "Illinois", "Land transfers", "Military bases", "Nature conservation", "Nonprofit organizations", "Public Lands and Natural Resources", "Social Welfare", "Surplus government property" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ouachita National Forest Boundary Adjustment Act.", "id": "HF45094C4950046018F3D2ECA20F63716", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Boundary adjustment, Ouachita National Forest, Oklahoma and Arkansas \n(a) Boundary adjustment \nThe boundaries of the Ouachita National Forest in the States of Oklahoma and Arkansas are hereby modified as depicted on the following maps, dated May 15, 2001: (1) Ouachita National Forest Boundary Extension for the Broken Bow Area. (2) Ouachita National Forest Boundary Extension for the Southern Tiak Area. (3) Ouachita National Forest Boundary Extension for the Northern Ouachita Area. (4) Ouachita National Forest Boundary Extension for the Southern Ouachita Area. (5) Ouachita National Forest Boundary Extension for the Eastern Ouachita Area. (b) Treatment of maps \nThe maps referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service in the District of Columbia. The Secretary of Agriculture may make minor corrections to the maps. (c) Management of acquired land \nAny federally-owned lands that, before the date of the enactment of this Act, have been acquired for National Forest System purposes within the boundaries of the Ouachita National Forest, as modified by subsection (a), and any lands that are acquired on or after that date for National Forest System purposes within such boundaries, shall be managed as lands acquired under the Act of March 1, 1911 (commonly known as the Weeks Act), and in accordance with the other laws and regulations pertaining to the National Forest System. Nothing in this subsection shall limit the authority of the Secretary of Agriculture to adjust the boundaries of the Ouachita National Forest pursuant to section 11 of such Act ( 16 U.S.C. 521 ). (d) Relation to land and water conservation fund act \nFor purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–9 ), the boundaries of the Ouachita National Forest, as modified by subsection (a), shall be considered to be boundaries of the Ouachita National Forest as of January 1, 1965.", "id": "H6675CD84D9D445DBAB6B00ADC5002435", "header": "Boundary adjustment, Ouachita National Forest, Oklahoma and Arkansas", "nested": [ { "text": "(a) Boundary adjustment \nThe boundaries of the Ouachita National Forest in the States of Oklahoma and Arkansas are hereby modified as depicted on the following maps, dated May 15, 2001: (1) Ouachita National Forest Boundary Extension for the Broken Bow Area. (2) Ouachita National Forest Boundary Extension for the Southern Tiak Area. (3) Ouachita National Forest Boundary Extension for the Northern Ouachita Area. (4) Ouachita National Forest Boundary Extension for the Southern Ouachita Area. (5) Ouachita National Forest Boundary Extension for the Eastern Ouachita Area.", "id": "H7F7EBF85A004463E8F78174DA46F873C", "header": "Boundary adjustment", "nested": [], "links": [] }, { "text": "(b) Treatment of maps \nThe maps referred to in subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service in the District of Columbia. The Secretary of Agriculture may make minor corrections to the maps.", "id": "HDE4BD6D3188643D0B2FBD9CF297D6F90", "header": "Treatment of maps", "nested": [], "links": [] }, { "text": "(c) Management of acquired land \nAny federally-owned lands that, before the date of the enactment of this Act, have been acquired for National Forest System purposes within the boundaries of the Ouachita National Forest, as modified by subsection (a), and any lands that are acquired on or after that date for National Forest System purposes within such boundaries, shall be managed as lands acquired under the Act of March 1, 1911 (commonly known as the Weeks Act), and in accordance with the other laws and regulations pertaining to the National Forest System. Nothing in this subsection shall limit the authority of the Secretary of Agriculture to adjust the boundaries of the Ouachita National Forest pursuant to section 11 of such Act ( 16 U.S.C. 521 ).", "id": "HC40117F2C87B407DA1C3D200CA2190B5", "header": "Management of acquired land", "nested": [], "links": [ { "text": "16 U.S.C. 521", "legal-doc": "usc", "parsable-cite": "usc/16/521" } ] }, { "text": "(d) Relation to land and water conservation fund act \nFor purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–9 ), the boundaries of the Ouachita National Forest, as modified by subsection (a), shall be considered to be boundaries of the Ouachita National Forest as of January 1, 1965.", "id": "H1DAE888049A14D66A041908B11362EAB", "header": "Relation to land and water conservation fund act", "nested": [], "links": [ { "text": "16 U.S.C. 460l–9", "legal-doc": "usc", "parsable-cite": "usc/16/460l-9" } ] } ], "links": [ { "text": "16 U.S.C. 521", "legal-doc": "usc", "parsable-cite": "usc/16/521" }, { "text": "16 U.S.C. 460l–9", "legal-doc": "usc", "parsable-cite": "usc/16/460l-9" } ] } ]

[ "Arkansas", "Boundaries", "Land transfers", "National forests", "Oklahoma" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HA72A5FCCE39B48B9891F35175723491D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents Title I—Coast Guard Sec. 101. Contingent expenses Sec. 102. Maximum service in active status for reserve rear admirals Sec. 103. Confidential investigative expenses Sec. 104. Renewal of advisory groups Title II—Marine Safety and Environmental Protection Sec. 201. Enforcement Sec. 202. In rem liability for civil penalties Sec. 203. Delegation of port security authority Sec. 204. Notification of deficiencies Sec. 205. Drug testing reporting Sec. 206. Judicial review of National Transportation Safety Board final orders Sec. 207. Inspection of towing vessels Sec. 208. Westlake chemical barge documentation Sec. 209. Conveyances Sec. 210. Authority to settle", "id": "HF129242457794377B1083C59336BDC87", "header": "Table of contents", "nested": [], "links": [] }, { "text": "101. Contingent expenses \nSection 476 of title 14, United States Code, is amended— (1) by striking $7,500 and inserting $50,000 ; and (2) by striking the second sentence.", "id": "HB97FC0523A264258B5ABDD59D33B27EF", "header": "Contingent expenses", "nested": [], "links": [ { "text": "Section 476", "legal-doc": "usc", "parsable-cite": "usc/14/476" } ] }, { "text": "102. Maximum service in active status for reserve rear admirals \nSection 743 of title 14, United States Code, is amended by striking combined service in the grades of rear admiral and rear admiral (lower half) and inserting of service after the appointment of the officer to rear admiral (lower half)..", "id": "HEC116172E2FF4D118EF4F1B4DA8EB754", "header": "Maximum service in active status for reserve rear admirals", "nested": [], "links": [ { "text": "Section 743", "legal-doc": "usc", "parsable-cite": "usc/14/743" } ] }, { "text": "103. Confidential investigative expenses \nSection 658 of title 14, United States Code, is amended by striking $15,000 per annum and inserting $45,000 each fiscal year.", "id": "H154DF57A9C16491281997E53B9339B18", "header": "Confidential investigative expenses", "nested": [], "links": [ { "text": "Section 658", "legal-doc": "usc", "parsable-cite": "usc/14/658" } ] }, { "text": "104. Renewal of advisory groups \n(a) Commercial fishing industry vessel safety advisory committee \nSection 4508(e)(1) of title 46, United States Code, is amended by striking of September 30, 2005 and inserting on September 30, 2010. (b) Houston-Galveston Navigation Safety Advisory Committee \nSection 18 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ; 105 Stat. 2213) is amended— (1) in subsection (b) by striking eighteen and inserting 19 ; (2) by adding at the end of subsection (b) the following: (12) One member representing recreational boating interests. ; and (3) in subsection (h) by striking September 30, 2005 and inserting September 30, 2010. (c) Lower Mississippi river waterway safety advisory committee \nSection 19(g) of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ) is amended by striking September 30, 2005 and inserting September 30, 2010. (d) Great lakes pilotage advisory committee \nSection 9307(f)(1) of title 46, United States Code, is amended by striking September 30, 2005 and inserting September 30, 2010. (e) Navigation safety advisory council \nSection 5(d) of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073(d) ) is amended by striking September 30, 2005 and inserting September 30, 2010. (f) National boating safety advisory council \nSection 13110(e) of title 46, United States Code, is amended by striking September 30, 2005 and inserting September 30, 2010. (g) Towing safety advisory committee \nPublic Law 96–380 ( 33 U.S.C. 1231a ) is amended in subsection (e) by striking September 30, 2005 and inserting September 30, 2010.", "id": "H997BC5CDB08E4DF097773F8715E98529", "header": "Renewal of advisory groups", "nested": [ { "text": "(a) Commercial fishing industry vessel safety advisory committee \nSection 4508(e)(1) of title 46, United States Code, is amended by striking of September 30, 2005 and inserting on September 30, 2010.", "id": "HA8C015E049094827A538D3F60240893D", "header": "Commercial fishing industry vessel safety advisory committee", "nested": [], "links": [ { "text": "Section 4508(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/4508" } ] }, { "text": "(b) Houston-Galveston Navigation Safety Advisory Committee \nSection 18 of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ; 105 Stat. 2213) is amended— (1) in subsection (b) by striking eighteen and inserting 19 ; (2) by adding at the end of subsection (b) the following: (12) One member representing recreational boating interests. ; and (3) in subsection (h) by striking September 30, 2005 and inserting September 30, 2010.", "id": "H035E66FF4BE34813A751006809FC6B3B", "header": "Houston-Galveston Navigation Safety Advisory Committee", "nested": [], "links": [ { "text": "Public Law 102–241", "legal-doc": "public-law", "parsable-cite": "pl/102/241" } ] }, { "text": "(c) Lower Mississippi river waterway safety advisory committee \nSection 19(g) of the Coast Guard Authorization Act of 1991 ( Public Law 102–241 ) is amended by striking September 30, 2005 and inserting September 30, 2010.", "id": "H472405574766404A9F2C32A7AB58C6BD", "header": "Lower Mississippi river waterway safety advisory committee", "nested": [], "links": [ { "text": "Public Law 102–241", "legal-doc": "public-law", "parsable-cite": "pl/102/241" } ] }, { "text": "(d) Great lakes pilotage advisory committee \nSection 9307(f)(1) of title 46, United States Code, is amended by striking September 30, 2005 and inserting September 30, 2010.", "id": "HEC4AB828EC6C45C5009162FDA9090071", "header": "Great lakes pilotage advisory committee", "nested": [], "links": [ { "text": "Section 9307(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/9307" } ] }, { "text": "(e) Navigation safety advisory council \nSection 5(d) of the Inland Navigational Rules Act of 1980 ( 33 U.S.C. 2073(d) ) is amended by striking September 30, 2005 and inserting September 30, 2010.", "id": "HC877E7E753084567A8C2ACEFA243B0EB", "header": "Navigation safety advisory council", "nested": [], "links": [ { "text": "33 U.S.C. 2073(d)", "legal-doc": "usc", "parsable-cite": "usc/33/2073" } ] }, { "text": "(f) National boating safety advisory council \nSection 13110(e) of title 46, United States Code, is amended by striking September 30, 2005 and inserting September 30, 2010.", "id": "H943F55E86F2C4D74B743C9E382FB4EB6", "header": "National boating safety advisory council", "nested": [], "links": [ { "text": "Section 13110(e)", "legal-doc": "usc", "parsable-cite": "usc/46/13110" } ] }, { "text": "(g) Towing safety advisory committee \nPublic Law 96–380 ( 33 U.S.C. 1231a ) is amended in subsection (e) by striking September 30, 2005 and inserting September 30, 2010.", "id": "H28E75A3A335A464E85D7B175D6A6F829", "header": "Towing safety advisory committee", "nested": [], "links": [ { "text": "33 U.S.C. 1231a", "legal-doc": "usc", "parsable-cite": "usc/33/1231a" } ] } ], "links": [ { "text": "Section 4508(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/4508" }, { "text": "Public Law 102–241", "legal-doc": "public-law", "parsable-cite": "pl/102/241" }, { "text": "Public Law 102–241", "legal-doc": "public-law", "parsable-cite": "pl/102/241" }, { "text": "Section 9307(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/9307" }, { "text": "33 U.S.C. 2073(d)", "legal-doc": "usc", "parsable-cite": "usc/33/2073" }, { "text": "Section 13110(e)", "legal-doc": "usc", "parsable-cite": "usc/46/13110" }, { "text": "33 U.S.C. 1231a", "legal-doc": "usc", "parsable-cite": "usc/33/1231a" } ] }, { "text": "201. Enforcement \n(a) In general \nChapter 701 of title 46, United States Code, is amended by adding at the end the following: 70118. Firearms, arrests, and seizure of property \nSubject to guidelines approved by the Secretary, members of the Coast Guard may, in the performance of official duties— (1) carry a firearm; and (2) while at a facility— (A) make an arrest without warrant for any offense against the United States committed in their presence; and (B) seize property as otherwise provided by law. 70119. Enforcement by State and local officers \n(a) In general \nAny State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191 ) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ) prescribed by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. (b) Other powers not affected \nThe provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.. (b) Clerical amendment \nThe chapter analysis at the beginning of chapter 701 of title 46, United States Code, is amended by adding at the end the following: 70118. Enforcement 70119. Enforcement by State and local officers.", "id": "HA58A0B4CE15D4FC1B6693DEEE5EEC478", "header": "Enforcement", "nested": [ { "text": "(a) In general \nChapter 701 of title 46, United States Code, is amended by adding at the end the following: 70118. Firearms, arrests, and seizure of property \nSubject to guidelines approved by the Secretary, members of the Coast Guard may, in the performance of official duties— (1) carry a firearm; and (2) while at a facility— (A) make an arrest without warrant for any offense against the United States committed in their presence; and (B) seize property as otherwise provided by law. 70119. Enforcement by State and local officers \n(a) In general \nAny State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191 ) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ) prescribed by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. (b) Other powers not affected \nThe provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed..", "id": "H3C4BC5277D7F4C2D90008E4B1FA7A36", "header": "In general", "nested": [], "links": [ { "text": "Chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" }, { "text": "50 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/50/191" }, { "text": "33 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/33/1226" } ] }, { "text": "(b) Clerical amendment \nThe chapter analysis at the beginning of chapter 701 of title 46, United States Code, is amended by adding at the end the following: 70118. Enforcement 70119. Enforcement by State and local officers.", "id": "HDBBED981CD7B441997F653DA96EF6EA", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" } ] } ], "links": [ { "text": "Chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" }, { "text": "50 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/50/191" }, { "text": "33 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/33/1226" }, { "text": "chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" } ] }, { "text": "70118. Firearms, arrests, and seizure of property \nSubject to guidelines approved by the Secretary, members of the Coast Guard may, in the performance of official duties— (1) carry a firearm; and (2) while at a facility— (A) make an arrest without warrant for any offense against the United States committed in their presence; and (B) seize property as otherwise provided by law.", "id": "H5B17F915ED5943F3945C41FAE8162D20", "header": "Firearms, arrests, and seizure of property", "nested": [], "links": [] }, { "text": "70119. Enforcement by State and local officers \n(a) In general \nAny State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191 ) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ) prescribed by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. (b) Other powers not affected \nThe provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.", "id": "H981851E94EC744AD8266A8AA36A69EA2", "header": "Enforcement by State and local officers", "nested": [ { "text": "(a) In general \nAny State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation under section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191 ) or security or safety zone regulation under section 7(b) of the Ports and Waterways Safety Act ( 33 U.S.C. 1226(b) ) prescribed by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.", "id": "H907FBF97CF2D47BAA9E443F779FF4CA4", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/50/191" }, { "text": "33 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/33/1226" } ] }, { "text": "(b) Other powers not affected \nThe provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.", "id": "HFCC862119D6347DB9780BC1C652E1017", "header": "Other powers not affected", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/50/191" }, { "text": "33 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/33/1226" } ] }, { "text": "202. In rem liability for civil penalties \n(a) Maritime Transportation Security Act \n(1) In general \nSection 70117 of title 46, United States Code, is amended— (A) by striking the section heading and inserting the following: 70117. Penalties \n; (B) by inserting (a) In General.— before Any ; and (C) by adding at the end the following: (b) In rem liability \nAny vessel that is used in violation of this chapter, or of any regulation issued under this chapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. (c) Withholding of clearance \n(1) In general \nIf any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (a), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under subsection (a), the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States ( 46 U.S.C. App. 91 ). (2) Clearance upon filing of bond or other surety \nThe Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.. (2) Conforming amendment \nThe chapter analysis for chapter 701 of title 46, United States Code, is amended by revising the item relating to section 70117 to read as follows: 70117. Penalties. (b) Magnuson Act \nSection 2 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 192 ), is amended— (1) in subsection (c) by striking Act each time it appears and inserting title ; and (2) by inserting at the end the following: (d) In rem liability \nAny vessel that is used in violation of this title, or of any regulation issued under this title, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found. (e) Withholding of clearance \n(1) In general \nIf any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States ( 46 U.S.C. App. 91 ). (2) Clearance upon filing of bond or other surety \nThe Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection..", "id": "HBFD5EC33E8A94A328E963E98DA3EB01E", "header": "In rem liability for civil penalties", "nested": [ { "text": "(a) Maritime Transportation Security Act \n(1) In general \nSection 70117 of title 46, United States Code, is amended— (A) by striking the section heading and inserting the following: 70117. Penalties \n; (B) by inserting (a) In General.— before Any ; and (C) by adding at the end the following: (b) In rem liability \nAny vessel that is used in violation of this chapter, or of any regulation issued under this chapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. (c) Withholding of clearance \n(1) In general \nIf any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (a), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under subsection (a), the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States ( 46 U.S.C. App. 91 ). (2) Clearance upon filing of bond or other surety \nThe Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.. (2) Conforming amendment \nThe chapter analysis for chapter 701 of title 46, United States Code, is amended by revising the item relating to section 70117 to read as follows: 70117. Penalties.", "id": "HF730327982184117AA5283C820A2B2C5", "header": "Maritime Transportation Security Act", "nested": [], "links": [ { "text": "Section 70117", "legal-doc": "usc", "parsable-cite": "usc/46/70117" }, { "text": "46 U.S.C. App. 91", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/46/91" }, { "text": "chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" } ] }, { "text": "(b) Magnuson Act \nSection 2 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 192 ), is amended— (1) in subsection (c) by striking Act each time it appears and inserting title ; and (2) by inserting at the end the following: (d) In rem liability \nAny vessel that is used in violation of this title, or of any regulation issued under this title, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found. (e) Withholding of clearance \n(1) In general \nIf any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States ( 46 U.S.C. App. 91 ). (2) Clearance upon filing of bond or other surety \nThe Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection..", "id": "HB4C73929474E4AAEA2D244FDD63654F2", "header": "Magnuson Act", "nested": [], "links": [ { "text": "50 U.S.C. 192", "legal-doc": "usc", "parsable-cite": "usc/50/192" }, { "text": "46 U.S.C. App. 91", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/46/91" } ] } ], "links": [ { "text": "Section 70117", "legal-doc": "usc", "parsable-cite": "usc/46/70117" }, { "text": "46 U.S.C. App. 91", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/46/91" }, { "text": "chapter 701", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/701" }, { "text": "50 U.S.C. 192", "legal-doc": "usc", "parsable-cite": "usc/50/192" }, { "text": "46 U.S.C. App. 91", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/46/91" } ] }, { "text": "70117. Penalties", "id": "H6508715BFECD400D93F0B100549ED940", "header": "Penalties", "nested": [], "links": [] }, { "text": "203. Delegation of port security authority \nThe undesignated text following paragraph (b) of the second unnumbered paragraph of section 1 of title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220; 50 U.S.C. 191 ) is amended by adding at the beginning the following: The President may delegate the authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating..", "id": "H7BFAAB7F3D474798A67E5046B899BCBB", "header": "Delegation of port security authority", "nested": [], "links": [ { "text": "50 U.S.C. 191", "legal-doc": "usc", "parsable-cite": "usc/50/191" } ] }, { "text": "204. Notification of deficiencies \n(a) Correction of deficiencies \nSection 3313(b)(1) of title 46, United States Code, is amended by striking be ordered in writing to correct the noted deficiencies promptly and inserting promptly correct any deficiencies. (b) Notification to vessel \n(1) In general \nSection 3712 of title 46, United States Code, is amended to read as follows: 3712. Notification of deficiencies \nThe Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel of deficiencies found during any inspection or examination under this chapter.. (2) Clerical amendment \nThe chapter analysis for chapter 37 of title 46, United States Code, is amended by striking the item related to section 3712 and inserting the following: 3712. Notification of deficiencies.", "id": "HFC81223B9B9E449382480451886257B9", "header": "Notification of deficiencies", "nested": [ { "text": "(a) Correction of deficiencies \nSection 3313(b)(1) of title 46, United States Code, is amended by striking be ordered in writing to correct the noted deficiencies promptly and inserting promptly correct any deficiencies.", "id": "H79DB8C175FE64DA98F7802C5403FEC52", "header": "Correction of deficiencies", "nested": [], "links": [ { "text": "Section 3313(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/3313" } ] }, { "text": "(b) Notification to vessel \n(1) In general \nSection 3712 of title 46, United States Code, is amended to read as follows: 3712. Notification of deficiencies \nThe Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel of deficiencies found during any inspection or examination under this chapter.. (2) Clerical amendment \nThe chapter analysis for chapter 37 of title 46, United States Code, is amended by striking the item related to section 3712 and inserting the following: 3712. Notification of deficiencies.", "id": "H376082A5ABE14B50A13F4CC83B6FC49B", "header": "Notification to vessel", "nested": [], "links": [ { "text": "Section 3712", "legal-doc": "usc", "parsable-cite": "usc/46/3712" }, { "text": "chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/37" } ] } ], "links": [ { "text": "Section 3313(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/46/3313" }, { "text": "Section 3712", "legal-doc": "usc", "parsable-cite": "usc/46/3712" }, { "text": "chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/37" } ] }, { "text": "3712. Notification of deficiencies \nThe Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel of deficiencies found during any inspection or examination under this chapter.", "id": "HC122B2FB8F2E4206AFBA61CC28003F68", "header": "Notification of deficiencies", "nested": [], "links": [] }, { "text": "205. Drug testing reporting \n(a) In general \nChapter 77 of title 46, United States Code, is amended by adding at the end: 7706. Drug testing reporting \n(a) Release of drug test results to Coast Guard \nNot later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report. (b) Standards, procedures, and regulations \nThe head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States. (c) Waiver \nNotwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee.. (b) Conforming amendment \nThe chapter analysis for chapter 77 of title 46, United States Code, is amended by adding at the end the following: 7706. Drug testing reporting.", "id": "H5DDC32B4811346D5975669C4C00B14B", "header": "Drug testing reporting", "nested": [ { "text": "(a) In general \nChapter 77 of title 46, United States Code, is amended by adding at the end: 7706. Drug testing reporting \n(a) Release of drug test results to Coast Guard \nNot later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report. (b) Standards, procedures, and regulations \nThe head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States. (c) Waiver \nNotwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee..", "id": "H41BB86FD96544D4C89E8A793730040D8", "header": "In general", "nested": [], "links": [ { "text": "Chapter 77", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/77" }, { "text": "5 U.S.C. 7301", "legal-doc": "usc", "parsable-cite": "usc/5/7301" } ] }, { "text": "(b) Conforming amendment \nThe chapter analysis for chapter 77 of title 46, United States Code, is amended by adding at the end the following: 7706. Drug testing reporting.", "id": "H04A9DCEF9C044B69AB5271DD9C337F3E", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 77", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/77" } ] } ], "links": [ { "text": "Chapter 77", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/77" }, { "text": "5 U.S.C. 7301", "legal-doc": "usc", "parsable-cite": "usc/5/7301" }, { "text": "chapter 77", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/77" } ] }, { "text": "7706. Drug testing reporting \n(a) Release of drug test results to Coast Guard \nNot later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report. (b) Standards, procedures, and regulations \nThe head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States. (c) Waiver \nNotwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee.", "id": "HB88FEB15D3FA499EB144F21835007075", "header": "Drug testing reporting", "nested": [ { "text": "(a) Release of drug test results to Coast Guard \nNot later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report.", "id": "HDED0DA64359C408F8E5400D630EAB0BD", "header": "Release of drug test results to Coast Guard", "nested": [], "links": [] }, { "text": "(b) Standards, procedures, and regulations \nThe head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States.", "id": "HEE3567744BB24B94867DBC050025147D", "header": "Standards, procedures, and regulations", "nested": [], "links": [] }, { "text": "(c) Waiver \nNotwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 ( 5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee.", "id": "H61E1FE630FAA46EABCB900A01B293297", "header": "Waiver", "nested": [], "links": [ { "text": "5 U.S.C. 7301", "legal-doc": "usc", "parsable-cite": "usc/5/7301" } ] } ], "links": [ { "text": "5 U.S.C. 7301", "legal-doc": "usc", "parsable-cite": "usc/5/7301" } ] }, { "text": "206. Judicial review of National Transportation Safety Board final orders \nSection 1153 of title 49, United States Code, is amended by adding at the end the following: (d) Commandant seeking judicial review of maritime matters \nIf the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings..", "id": "HC1E7F9B2EDF6489900EF824B5D3E2B25", "header": "Judicial review of National Transportation Safety Board final orders", "nested": [], "links": [ { "text": "Section 1153", "legal-doc": "usc", "parsable-cite": "usc/49/1153" }, { "text": "section 1133", "legal-doc": "usc", "parsable-cite": "usc/49/1133" } ] }, { "text": "207. Inspection of towing vessels \n(a) Vessels subject to inspection \nSection 3301 of title 46, United States Code, is amended by adding at the end the following: (15) towing vessels.. (b) Safety management system \nSection 3306 of chapter 33 of title 46, United States Code, is amended by adding at the end the following: (j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels..", "id": "H0429DF847DA14B3D9F2E4552D271A1B1", "header": "Inspection of towing vessels", "nested": [ { "text": "(a) Vessels subject to inspection \nSection 3301 of title 46, United States Code, is amended by adding at the end the following: (15) towing vessels..", "id": "HA45977A6A6924DA4A900C0D4DD63BA48", "header": "Vessels subject to inspection", "nested": [], "links": [ { "text": "Section 3301", "legal-doc": "usc", "parsable-cite": "usc/46/3301" } ] }, { "text": "(b) Safety management system \nSection 3306 of chapter 33 of title 46, United States Code, is amended by adding at the end the following: (j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels..", "id": "H53F0A39D34AD40B1B57B5C6724021900", "header": "Safety management system", "nested": [], "links": [ { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/33" } ] } ], "links": [ { "text": "Section 3301", "legal-doc": "usc", "parsable-cite": "usc/46/3301" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/46/33" } ] }, { "text": "208. Westlake chemical barge documentation \nNotwithstanding section 27 of the Merchant Marine Act, 1920 ( 46 App. U.S.C. 883 ) and section 12106 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for each of the following vessels: (1) Barge WCAO–101 (United States official number 506677). (2) Barge WCAO–102 (United States official number 506851). (3) Barge WCAO–103 (United States official number 506852). (4) Barge WCAO–104 (United States official number 507172). (5) Barge WCAO–105 (United States official number 507173). (6) Barge WCAO–106 (United States official number 620514). (7) Barge WCAO–107 (United States official number 620515). (8) Barge WCAO–108 (United States official number 620516). (9) Barge WCAO–3002 (United States official number 295147). (10) Barge WCAO–3004 (United States official number 517396).", "id": "H57EFA901B2A143E8852B208670B7169D", "header": "Westlake chemical barge documentation", "nested": [], "links": [ { "text": "46 App. U.S.C. 883", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/46/883" }, { "text": "section 12106", "legal-doc": "usc", "parsable-cite": "usc/46/12106" } ] }, { "text": "209. Conveyances \n(a) In general \nThe Commandant of the Coast Guard shall convey all right, title, and interest of the United States in and to each of the vessels described in subsection (b) to the recipient listed in subsection (b) with respect to that vessel, without consideration, if the recipient complies with the conditions under subsection (c). (b) Vessel described \nThe vessels and recipients referred to in subsection (a) are the following: (1) The Coast Guard 44-foot Motor Life Boat Vessel #44345 formally assigned to the Group Grand Haven Command, to the city of Ludington, Michigan. (2) One decommissioned Balsam Class 180-foot Coast Guard vessel (whether decommissioned before or after the date of enactment of this Act) to CAS Foundation, Inc. (a nonprofit corporation under the laws of the State of Indiana). (c) Conditions \nAs a condition of any conveyance of a vessel under subsection (a), the Commandant shall require the recipient to— (1) agree— (A) to use the vessel for purposes of education and historical display; (B) not to use the vessel for commercial transportation purposes; (C) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or a national emergency; and (D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use of the vessel by the Government under subparagraph (C); (2) have funds available that will be committed to operate and maintain the vessel conveyed in good working condition, in the form of cash, liquid assets, or a written loan commitment; and (3) agree to any other conditions the Commandant considers appropriate. (d) Maintenance and delivery of vessel \nPrior to conveyance of a vessel under this section, the Commandant shall, to the extent practical, and subject to other Coast Guard mission requirements, make every effort to maintain the integrity of the vessel and its equipment until the time of delivery. The Commandant shall deliver a vessel conveyed under this section at the place where the vessel is located, in its present condition, and without cost to the Government. The conveyance of a vessel under this section shall not be considered a distribution in commerce for purposes of section 6(e) of Public Law 94–469 ( 15 U.S.C. 2605(e) ). (e) Other excess equipment \nThe Commandant may convey to the recipient of a vessel under this section any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel’s operability and function as an historical display.", "id": "H915F7350DC174D6AB25F91C2A692D860", "header": "Conveyances", "nested": [ { "text": "(a) In general \nThe Commandant of the Coast Guard shall convey all right, title, and interest of the United States in and to each of the vessels described in subsection (b) to the recipient listed in subsection (b) with respect to that vessel, without consideration, if the recipient complies with the conditions under subsection (c).", "id": "H9CC5092C646840C981521182DA661FAE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Vessel described \nThe vessels and recipients referred to in subsection (a) are the following: (1) The Coast Guard 44-foot Motor Life Boat Vessel #44345 formally assigned to the Group Grand Haven Command, to the city of Ludington, Michigan. (2) One decommissioned Balsam Class 180-foot Coast Guard vessel (whether decommissioned before or after the date of enactment of this Act) to CAS Foundation, Inc. (a nonprofit corporation under the laws of the State of Indiana).", "id": "H6A439D642D694110A1EB3734DF603747", "header": "Vessel described", "nested": [], "links": [] }, { "text": "(c) Conditions \nAs a condition of any conveyance of a vessel under subsection (a), the Commandant shall require the recipient to— (1) agree— (A) to use the vessel for purposes of education and historical display; (B) not to use the vessel for commercial transportation purposes; (C) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or a national emergency; and (D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use of the vessel by the Government under subparagraph (C); (2) have funds available that will be committed to operate and maintain the vessel conveyed in good working condition, in the form of cash, liquid assets, or a written loan commitment; and (3) agree to any other conditions the Commandant considers appropriate.", "id": "H5B3AFEF4E28046CEAE0020D34137EB07", "header": "Conditions", "nested": [], "links": [] }, { "text": "(d) Maintenance and delivery of vessel \nPrior to conveyance of a vessel under this section, the Commandant shall, to the extent practical, and subject to other Coast Guard mission requirements, make every effort to maintain the integrity of the vessel and its equipment until the time of delivery. The Commandant shall deliver a vessel conveyed under this section at the place where the vessel is located, in its present condition, and without cost to the Government. The conveyance of a vessel under this section shall not be considered a distribution in commerce for purposes of section 6(e) of Public Law 94–469 ( 15 U.S.C. 2605(e) ).", "id": "H68A094B19DFA432D00C7E2BBE722F0A1", "header": "Maintenance and delivery of vessel", "nested": [], "links": [ { "text": "Public Law 94–469", "legal-doc": "public-law", "parsable-cite": "pl/94/469" }, { "text": "15 U.S.C. 2605(e)", "legal-doc": "usc", "parsable-cite": "usc/15/2605" } ] }, { "text": "(e) Other excess equipment \nThe Commandant may convey to the recipient of a vessel under this section any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel’s operability and function as an historical display.", "id": "HEF2A90D2EED54EE7B334F329B44C51BD", "header": "Other excess equipment", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 94–469", "legal-doc": "public-law", "parsable-cite": "pl/94/469" }, { "text": "15 U.S.C. 2605(e)", "legal-doc": "usc", "parsable-cite": "usc/15/2605" } ] }, { "text": "210. Authority to settle \nSection 1015 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2715 ) is amended by adding at the end the following: (d) Authority to settle \nThe head of any department or agency responsible for recovering amounts for which a person is liable under this title may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General..", "id": "H6F4AC72968154F5E8FD8B3C618415BE", "header": "Authority to settle", "nested": [], "links": [ { "text": "33 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/33/2715" } ] } ]

[ "Administrative procedure", "Armed Forces and National Security", "Armed forces reserves", "Arrest", "Asbestos", "Barges", "Boats and boating", "Coast guard", "Coastwise shipping", "Collection of accounts", "Crime and Law Enforcement", "Defense budgets", "Delegation of powers", "Department of Defense", "Department of Homeland Security", "Drug abuse", "Drugs and employment", "Economics and Public Finance", "Education", "Environmental Protection", "Evidence (Law)", "Federal advisory bodies", "Federal employees", "Federal-local relations", "Federal-state relations", "Finance and Financial Sector", "Fines (Penalties)", "Firearms", "Fishery management", "Fishing boats", "Foundations", "Government Operations and Politics", "Government paperwork", "Governmental investigations", "Great Lakes", "Harbors", "Higher education", "Indiana", "Judicial review", "Law", "Law enforcement officers", "Liability (Law)", "Liability for environmental damages", "Licenses", "Marine and coastal resources, fisheries", "Marine safety", "Marine terminals", "Michigan", "Mississippi River", "National Transportation Safety Board", "Navigation", "Nonprofit organizations", "Officer personnel", "Oil pollution", "Parties to actions", "Patrol ships", "Police", "Polychlorinated biphenyls", "Searches and seizures", "Security measures", "Service academies", "Ships", "Social Welfare", "Sports and Recreation", "Surety and fidelity", "Surplus government property", "Texas" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H58B4158EB6044A8E8451D7A571EC009F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Finding; purpose \n(a) Finding \nCongress finds that the resources of the United States Armed Forces have been burdened by having to undertake stabilization and reconstruction tasks in the Balkans, Afghanistan, Iraq, and other countries of the world that could have been performed by civilians, which has resulted in lengthy deployments for Armed Forces personnel. (b) Purpose \nThe purpose of this Act is to provide for the development, as a core mission of the Department of State and the United States Agency for International Development, of an effective expert civilian response capability to carry out stabilization and reconstruction activities in a country or region that is in, or is in transition from, conflict or civil strife.", "id": "HAC146B96107243A490B0E01BDFC43334", "header": "Finding; purpose", "nested": [ { "text": "(a) Finding \nCongress finds that the resources of the United States Armed Forces have been burdened by having to undertake stabilization and reconstruction tasks in the Balkans, Afghanistan, Iraq, and other countries of the world that could have been performed by civilians, which has resulted in lengthy deployments for Armed Forces personnel.", "id": "H9FE3F189C6E8401DA8E9359FDF92981", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of this Act is to provide for the development, as a core mission of the Department of State and the United States Agency for International Development, of an effective expert civilian response capability to carry out stabilization and reconstruction activities in a country or region that is in, or is in transition from, conflict or civil strife.", "id": "HCE3D9219D6174C2C82B13F7168DF6D24", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (3) Department \nExcept as otherwise provided in this Act, the term Department means the Department of State. (4) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5, United States Code. (5) Secretary \nExcept as otherwise specifically provided in this Act, the term Secretary means the Secretary of State.", "id": "HE72C84937AFE44E281B65768A4BE7E55", "header": "Definitions", "nested": [], "links": [ { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) the civilian element of United States joint civilian-military operations should be strengthened in order to enhance the execution of current and future stabilization and reconstruction activities in foreign countries or regions that are in, or are in transition from, conflict or civil strife; (2) the capability of civilian agencies of the United States Government to carry out stabilization and reconstruction activities in such countries or regions should also be enhanced through a new rapid response corps of civilian experts supported by the establishment of a new system of planning, organization, personnel policies, and education and training, and the provision of adequate resources; (3) the international community, including nongovernmental organizations, and the United Nations and its specialized agencies, should be further encouraged to participate in planning and organizing stabilization and reconstruction activities in such countries or regions; (4) the President should establish a new directorate of stabilization and reconstruction activities within the National Security Council to oversee the development of interagency contingency plans and procedures, including plans and procedures for joint civilian-military operations, to address stabilization and reconstruction requirements in such countries or regions; (5) the President should establish a standing committee to exercise responsibility for overseeing the formulation and execution of stabilization and reconstruction policy in order to ensure appropriate interagency coordination in the planning and execution of stabilization and reconstruction activities, including joint civilian-military operations, of the United States Government, and should provide for the committee— (A) to be chaired by the Assistant to the President for National Security Affairs; and (B) to include the heads of— (i) the Department; (ii) the United States Agency for International Development; (iii) the Department of Labor; (iv) the Department of Commerce; (v) the Department of Justice; (vi) the Department of the Treasury; (vii) the Department of Agriculture; (viii) the Department of Defense; and (ix) other Executive agencies as appropriate; (6) the Secretary and the Administrator should work with the Secretary of Defense to establish a personnel exchange program among the Department, the United States Agency for International Development, and the Department of Defense, including the regional commands and the Joint Staff, to enhance the stabilization and reconstruction skills of military and civilian personnel and their ability to undertake joint operations; and (7) the heads of other Executive agencies should establish personnel exchange programs that are designed to enhance the stabilization and reconstruction skills of military and civilian personnel.", "id": "HA5B299BF19954B388483FDCFC019D3D8", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "5. Authority to provide assistance for stabilization and reconstruction crises \nChapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended by inserting after section 617 the following new section: 618. Assistance for a stabilization and reconstruction crisis \n(a) Authority \nIf the President determines that it is important to the national interests of the United States for United States civilian agencies or non-Federal employees to assist in stabilizing and reconstructing a country or region that is in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to respond to the crisis and authorize the export of goods and services needed to respond to the crisis. (b) Special authorities \nTo provide assistance authorized in subsection (a), the President may exercise the authorities contained in sections 552(c)(2), 610, and 614 of this Act without regard to the percentage and aggregate dollar limitations contained in such sections. (c) Authorization of funding \n(1) Initial authorization \nThere is authorized to be appropriated, without fiscal year limitation, $100,000,000 in funds that may be used to provide assistance authorized in subsection (a). (2) Replenishment \nThere is authorized to be appropriated each fiscal year such sums as may be necessary to replenish funds expended as provided under paragraph (1). Funds authorized to be appropriated under this paragraph shall be available without fiscal year limitation for the same purpose and under the same conditions as are provided under paragraph (1)..", "id": "HAA35F62DFB6F4123A8D03C7545831B89", "header": "Authority to provide assistance for stabilization and reconstruction crises", "nested": [], "links": [ { "text": "22 U.S.C. 2351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2351" } ] }, { "text": "618. Assistance for a stabilization and reconstruction crisis \n(a) Authority \nIf the President determines that it is important to the national interests of the United States for United States civilian agencies or non-Federal employees to assist in stabilizing and reconstructing a country or region that is in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to respond to the crisis and authorize the export of goods and services needed to respond to the crisis. (b) Special authorities \nTo provide assistance authorized in subsection (a), the President may exercise the authorities contained in sections 552(c)(2), 610, and 614 of this Act without regard to the percentage and aggregate dollar limitations contained in such sections. (c) Authorization of funding \n(1) Initial authorization \nThere is authorized to be appropriated, without fiscal year limitation, $100,000,000 in funds that may be used to provide assistance authorized in subsection (a). (2) Replenishment \nThere is authorized to be appropriated each fiscal year such sums as may be necessary to replenish funds expended as provided under paragraph (1). Funds authorized to be appropriated under this paragraph shall be available without fiscal year limitation for the same purpose and under the same conditions as are provided under paragraph (1).", "id": "HD3D06CF049044B40BFF0A1934176A381", "header": "Assistance for a stabilization and reconstruction crisis", "nested": [ { "text": "(a) Authority \nIf the President determines that it is important to the national interests of the United States for United States civilian agencies or non-Federal employees to assist in stabilizing and reconstructing a country or region that is in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to respond to the crisis and authorize the export of goods and services needed to respond to the crisis.", "id": "H229D7C25C34249639441F5232696F220", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Special authorities \nTo provide assistance authorized in subsection (a), the President may exercise the authorities contained in sections 552(c)(2), 610, and 614 of this Act without regard to the percentage and aggregate dollar limitations contained in such sections.", "id": "H973713E2F82E48E98BB2F1B98055AB39", "header": "Special authorities", "nested": [], "links": [] }, { "text": "(c) Authorization of funding \n(1) Initial authorization \nThere is authorized to be appropriated, without fiscal year limitation, $100,000,000 in funds that may be used to provide assistance authorized in subsection (a). (2) Replenishment \nThere is authorized to be appropriated each fiscal year such sums as may be necessary to replenish funds expended as provided under paragraph (1). Funds authorized to be appropriated under this paragraph shall be available without fiscal year limitation for the same purpose and under the same conditions as are provided under paragraph (1).", "id": "HAA472C2FE5604206893E009EA678CB3C", "header": "Authorization of funding", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Office of International Stabilization and Reconstruction \nTitle I of the State Department Basic Authorities Act of 1956 is amended by adding after section 58 ( 22 U.S.C. 2730 ) the following new section: 59. International Stabilization and Reconstruction \n(a) Office of International Stabilization and Reconstruction \n(1) Establishment \nThe Secretary shall establish within the Department of State an Office of International Stabilization and Reconstruction. (2) Coordinator for International Stabilization and Reconstruction \nThe head of the Office shall be the Coordinator for International Stabilization and Reconstruction, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (3) Functions \nThe functions of the Office of International Stabilization and Reconstruction include the following: (A) Monitoring, in coordination with relevant bureaus within the Department of State, political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the stabilization and reconstruction of countries or regions that are in, or are in transition from, conflict or civil strife. (B) Assessing the various types of stabilization and reconstruction crises that could occur and cataloging and monitoring the non-military resources and capabilities of Executive agencies that are available to address such crises. (C) Planning to address requirements, such as demobilization, policing, human rights monitoring, and public information, that commonly arise in stabilization and reconstruction crises. (D) Coordinating with relevant Executive agencies (as that term is defined in section 105 of title 5, United States Code) to develop interagency contingency plans to mobilize and deploy civilian personnel to address the various types of such crises. (E) Entering into appropriate arrangements with other Executive agencies to carry out activities under this section and the. (F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Response Readiness Corps or the Response Readiness Reserve established under subsection (b) or to otherwise participate in or contribute to stabilization and reconstruction activities. (G) Ensuring that training of civilian personnel to perform such stabilization and reconstruction activities is adequate and, as appropriate, includes security training that involves exercises and simulations with the Armed Forces, including the regional commands. (H) Sharing information and coordinating plans for stabilization and reconstruction activities with rapid response elements of the United Nations and its specialized agencies, nongovernmental organizations, and other foreign national and international organizations. (I) Coordinating plans and procedures for joint civilian-military operations with respect to stabilization and reconstruction activities. (J) Maintaining the capacity to field on short notice an evaluation team to undertake on-site needs assessment. (b) Response to stabilization and reconstruction crisis \nIf the President makes a determination regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , the President may designate the Coordinator, or such other individual as the President may determine appropriate, as the coordinator of the United States response. The individual so designated, or, in the event the President does not make such a designation, the Coordinator for International Stabilization and Reconstruction, shall— (1) assess the immediate and long-term need for resources and civilian personnel; (2) identify and mobilize non-military resources to respond to the crisis; and (3) coordinate the activities of the other individuals or management team, if any, designated by the President to manage the United States response..", "id": "H46B91CB251D0451285D78850785E79F1", "header": "Office of International Stabilization and Reconstruction", "nested": [], "links": [ { "text": "22 U.S.C. 2730", "legal-doc": "usc", "parsable-cite": "usc/22/2730" }, { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "59. International Stabilization and Reconstruction \n(a) Office of International Stabilization and Reconstruction \n(1) Establishment \nThe Secretary shall establish within the Department of State an Office of International Stabilization and Reconstruction. (2) Coordinator for International Stabilization and Reconstruction \nThe head of the Office shall be the Coordinator for International Stabilization and Reconstruction, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (3) Functions \nThe functions of the Office of International Stabilization and Reconstruction include the following: (A) Monitoring, in coordination with relevant bureaus within the Department of State, political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the stabilization and reconstruction of countries or regions that are in, or are in transition from, conflict or civil strife. (B) Assessing the various types of stabilization and reconstruction crises that could occur and cataloging and monitoring the non-military resources and capabilities of Executive agencies that are available to address such crises. (C) Planning to address requirements, such as demobilization, policing, human rights monitoring, and public information, that commonly arise in stabilization and reconstruction crises. (D) Coordinating with relevant Executive agencies (as that term is defined in section 105 of title 5, United States Code) to develop interagency contingency plans to mobilize and deploy civilian personnel to address the various types of such crises. (E) Entering into appropriate arrangements with other Executive agencies to carry out activities under this section and the. (F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Response Readiness Corps or the Response Readiness Reserve established under subsection (b) or to otherwise participate in or contribute to stabilization and reconstruction activities. (G) Ensuring that training of civilian personnel to perform such stabilization and reconstruction activities is adequate and, as appropriate, includes security training that involves exercises and simulations with the Armed Forces, including the regional commands. (H) Sharing information and coordinating plans for stabilization and reconstruction activities with rapid response elements of the United Nations and its specialized agencies, nongovernmental organizations, and other foreign national and international organizations. (I) Coordinating plans and procedures for joint civilian-military operations with respect to stabilization and reconstruction activities. (J) Maintaining the capacity to field on short notice an evaluation team to undertake on-site needs assessment. (b) Response to stabilization and reconstruction crisis \nIf the President makes a determination regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , the President may designate the Coordinator, or such other individual as the President may determine appropriate, as the coordinator of the United States response. The individual so designated, or, in the event the President does not make such a designation, the Coordinator for International Stabilization and Reconstruction, shall— (1) assess the immediate and long-term need for resources and civilian personnel; (2) identify and mobilize non-military resources to respond to the crisis; and (3) coordinate the activities of the other individuals or management team, if any, designated by the President to manage the United States response.", "id": "HA57FE6B9A18149F291C0ED5B60E5B68", "header": "International Stabilization and Reconstruction", "nested": [ { "text": "(a) Office of International Stabilization and Reconstruction \n(1) Establishment \nThe Secretary shall establish within the Department of State an Office of International Stabilization and Reconstruction. (2) Coordinator for International Stabilization and Reconstruction \nThe head of the Office shall be the Coordinator for International Stabilization and Reconstruction, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary and shall have the rank and status of Ambassador-at-Large. (3) Functions \nThe functions of the Office of International Stabilization and Reconstruction include the following: (A) Monitoring, in coordination with relevant bureaus within the Department of State, political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the stabilization and reconstruction of countries or regions that are in, or are in transition from, conflict or civil strife. (B) Assessing the various types of stabilization and reconstruction crises that could occur and cataloging and monitoring the non-military resources and capabilities of Executive agencies that are available to address such crises. (C) Planning to address requirements, such as demobilization, policing, human rights monitoring, and public information, that commonly arise in stabilization and reconstruction crises. (D) Coordinating with relevant Executive agencies (as that term is defined in section 105 of title 5, United States Code) to develop interagency contingency plans to mobilize and deploy civilian personnel to address the various types of such crises. (E) Entering into appropriate arrangements with other Executive agencies to carry out activities under this section and the. (F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Response Readiness Corps or the Response Readiness Reserve established under subsection (b) or to otherwise participate in or contribute to stabilization and reconstruction activities. (G) Ensuring that training of civilian personnel to perform such stabilization and reconstruction activities is adequate and, as appropriate, includes security training that involves exercises and simulations with the Armed Forces, including the regional commands. (H) Sharing information and coordinating plans for stabilization and reconstruction activities with rapid response elements of the United Nations and its specialized agencies, nongovernmental organizations, and other foreign national and international organizations. (I) Coordinating plans and procedures for joint civilian-military operations with respect to stabilization and reconstruction activities. (J) Maintaining the capacity to field on short notice an evaluation team to undertake on-site needs assessment.", "id": "H22C0896BE9774E688F938D74074B5517", "header": "Office of International Stabilization and Reconstruction", "nested": [], "links": [ { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "(b) Response to stabilization and reconstruction crisis \nIf the President makes a determination regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , the President may designate the Coordinator, or such other individual as the President may determine appropriate, as the coordinator of the United States response. The individual so designated, or, in the event the President does not make such a designation, the Coordinator for International Stabilization and Reconstruction, shall— (1) assess the immediate and long-term need for resources and civilian personnel; (2) identify and mobilize non-military resources to respond to the crisis; and (3) coordinate the activities of the other individuals or management team, if any, designated by the President to manage the United States response.", "id": "HF166FEEA59F6483DAA9700005D3FB99C", "header": "Response to stabilization and reconstruction crisis", "nested": [], "links": [] } ], "links": [ { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "7. Response Readiness Corps \n(a) In general \nSection 59 of the State Department Basic Authorities Act of 1956 (as added by section 6) is amended by adding at the end the following new subsection: (c) Response readiness force \n(1) Response Readiness Corps \n(A) Establishment and purpose \nThe Secretary, in consultation with the Administrator of the United States Agency for International Development, is authorized to establish a Response Readiness Corps (hereafter referred to in this section as the Corps ) to provide assistance in support of stabilization and reconstruction activities in foreign countries or regions that are in, or are in transition from, conflict or civil strife. (B) Composition \nThe Secretary and Administrator of the United States Agency for International Development should coordinate in the recruitment, hiring, and training of— (i) up to 250 personnel to serve in the Corps; and (ii) such other personnel as the Secretary, in consultation with the Administrator, may designate as members of the Corps from among employees of the Department of State and the United States Agency for International Development. (C) Training \nThe Secretary shall train the members of the Corps to perform services necessary to carry out the purpose of the Corps under subparagraph (A). (D) Compensation \nMembers of the Corps hired under subparagraph (B)(i) shall be compensated in accordance with 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 22 U.S.C. 3963 ), or in accordance with the relevant authority under sections 3101 and 3392 of title 5, United States Code. (2) Response Readiness Reserve \n(A) Establishment and purpose \nThe Secretary, in consultation with the heads of other relevant Executive agencies, is authorized to establish and maintain a roster of personnel who are trained and available as needed to perform services necessary to carry out the purpose of the Corps under paragraph (1)(A). The personnel listed on the roster shall constitute a Response Readiness Reserve to augment the Corps. (B) Federal employees \nThe Response Readiness Reserve may include employees of the Department of State, including Foreign Service Nationals, employees of the United States Agency for International Development, employees of any other Executive agency (as that term is defined in section 105 of title 5, United States Code), and employees from the legislative and judicial branches who— (i) have the training and skills necessary to enable them to contribute to stabilization and reconstruction activities; and (ii) have volunteered for deployment to carry out stabilization and reconstruction activities. (C) Non-federal personnel \nThe Response Readiness Reserve should also include at least 500 personnel, which may include retired employees of the Federal Government, contractor personnel, nongovernmental organization personnel, and State and local government employees, who— (i) have the training and skills necessary to enable them to contribute to stabilization and reconstruction activities; and (ii) have volunteered to carry out stabilization and reconstruction activities. (3) Use of Corps and reserve \n(A) Response Readiness Corps \nThe members of the Corps shall be available— (i) if responding in support of stabilization and reconstruction activities pursuant to a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , for deployment in support of such activities; and (ii) if not responding as described in clause (i), for assignment in the United States, United States diplomatic missions, and United States Agency for International Development missions. (B) Response Readiness Reserve \nThe Secretary may deploy members of the reserve under paragraph (2) in support of stabilization and reconstruction activities in a foreign country or region if the President makes a determination regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961.. (b) Employment authority \nThe full-time personnel authorized to be employed in the Response Readiness Corps under section 59(b)(1)(B)(i) of the State Department Basic Authorities Act of 1956 (as added by subsection (a)) are in addition to any other full-time personnel of the Department or the United States Agency for International Development authorized to be employed under any other provision of law. (c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the status of efforts to establish the Response Readiness Corps and the Response Readiness Reserve under this section. The report shall include recommendations— (1) for any legislation necessary to implement subsection (a); and (2) related to the regulation and structure of the Response Readiness Corps and the Response Readiness Reserve, including with respect to pay and employment security for, and benefit and retirement matters related to, such individuals.", "id": "HAF7DD78B05C8446ABB4400889782CC34", "header": "Response Readiness Corps", "nested": [ { "text": "(a) In general \nSection 59 of the State Department Basic Authorities Act of 1956 (as added by section 6) is amended by adding at the end the following new subsection: (c) Response readiness force \n(1) Response Readiness Corps \n(A) Establishment and purpose \nThe Secretary, in consultation with the Administrator of the United States Agency for International Development, is authorized to establish a Response Readiness Corps (hereafter referred to in this section as the Corps ) to provide assistance in support of stabilization and reconstruction activities in foreign countries or regions that are in, or are in transition from, conflict or civil strife. (B) Composition \nThe Secretary and Administrator of the United States Agency for International Development should coordinate in the recruitment, hiring, and training of— (i) up to 250 personnel to serve in the Corps; and (ii) such other personnel as the Secretary, in consultation with the Administrator, may designate as members of the Corps from among employees of the Department of State and the United States Agency for International Development. (C) Training \nThe Secretary shall train the members of the Corps to perform services necessary to carry out the purpose of the Corps under subparagraph (A). (D) Compensation \nMembers of the Corps hired under subparagraph (B)(i) shall be compensated in accordance with 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 22 U.S.C. 3963 ), or in accordance with the relevant authority under sections 3101 and 3392 of title 5, United States Code. (2) Response Readiness Reserve \n(A) Establishment and purpose \nThe Secretary, in consultation with the heads of other relevant Executive agencies, is authorized to establish and maintain a roster of personnel who are trained and available as needed to perform services necessary to carry out the purpose of the Corps under paragraph (1)(A). The personnel listed on the roster shall constitute a Response Readiness Reserve to augment the Corps. (B) Federal employees \nThe Response Readiness Reserve may include employees of the Department of State, including Foreign Service Nationals, employees of the United States Agency for International Development, employees of any other Executive agency (as that term is defined in section 105 of title 5, United States Code), and employees from the legislative and judicial branches who— (i) have the training and skills necessary to enable them to contribute to stabilization and reconstruction activities; and (ii) have volunteered for deployment to carry out stabilization and reconstruction activities. (C) Non-federal personnel \nThe Response Readiness Reserve should also include at least 500 personnel, which may include retired employees of the Federal Government, contractor personnel, nongovernmental organization personnel, and State and local government employees, who— (i) have the training and skills necessary to enable them to contribute to stabilization and reconstruction activities; and (ii) have volunteered to carry out stabilization and reconstruction activities. (3) Use of Corps and reserve \n(A) Response Readiness Corps \nThe members of the Corps shall be available— (i) if responding in support of stabilization and reconstruction activities pursuant to a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , for deployment in support of such activities; and (ii) if not responding as described in clause (i), for assignment in the United States, United States diplomatic missions, and United States Agency for International Development missions. (B) Response Readiness Reserve \nThe Secretary may deploy members of the reserve under paragraph (2) in support of stabilization and reconstruction activities in a foreign country or region if the President makes a determination regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961..", "id": "H067BFD6EC19445A0A94DD21419FFC31B", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 3963", "legal-doc": "usc", "parsable-cite": "usc/22/3963" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "(b) Employment authority \nThe full-time personnel authorized to be employed in the Response Readiness Corps under section 59(b)(1)(B)(i) of the State Department Basic Authorities Act of 1956 (as added by subsection (a)) are in addition to any other full-time personnel of the Department or the United States Agency for International Development authorized to be employed under any other provision of law.", "id": "HB2D3413C190E4E659E2B6EF5D9118512", "header": "Employment authority", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the status of efforts to establish the Response Readiness Corps and the Response Readiness Reserve under this section. The report shall include recommendations— (1) for any legislation necessary to implement subsection (a); and (2) related to the regulation and structure of the Response Readiness Corps and the Response Readiness Reserve, including with respect to pay and employment security for, and benefit and retirement matters related to, such individuals.", "id": "H2B9BEAAABB9E4D4DB2830616D7090779", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 3963", "legal-doc": "usc", "parsable-cite": "usc/22/3963" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3392", "legal-doc": "usc", "parsable-cite": "usc/5/3392" }, { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "8. Stabilization and reconstruction training and education \nSection 701 of the Foreign Service Act of 1980 ( 22 U.S.C. 4021 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Stabilization and reconstruction curriculum \n(1) Establishment and mission \nThe Secretary, in cooperation with the Secretary of Defense and the Secretary of the Army, is authorized to establish a stabilization and reconstruction curriculum for use in programs of the Foreign Service Institute, the National Defense University, and the United States Army War College. (2) Curriculum content \nThe curriculum shall include the following: (A) An overview of the global security environment, including an assessment of transnational threats and an analysis of United States policy options to address such threats. (B) A review of lessons learned from previous United States and international experiences in stabilization and reconstruction activities. (C) An overview of the relevant responsibilities, capabilities, and limitations of various Executive agencies (as that term is defined in section 105 of title 5, United States Code) and the interactions among them. (D) A discussion of the international resources available to address stabilization and reconstruction requirements, including resources of the United Nations and its specialized agencies, nongovernmental organizations, private and voluntary organizations, and foreign governments, together with an examination of the successes and failures experienced by the United States in working with such entities. (E) A study of the United States interagency system. (F) Foreign language training. (G) Training and simulation exercises for joint civilian-military emergency response operations..", "id": "H74801EDF5D7A4AF283C344B124DDDA4", "header": "Stabilization and reconstruction training and education", "nested": [], "links": [ { "text": "22 U.S.C. 4021", "legal-doc": "usc", "parsable-cite": "usc/22/4021" }, { "text": "section 105", "legal-doc": "usc", "parsable-cite": "usc/5/105" } ] }, { "text": "9. Service related to stabilization and reconstruction \n(a) Promotion purposes \nService in stabilization and reconstruction operations overseas, membership in the Response Readiness Corps under section 59(b) of the State Department Basic Authorities Act of 1956 (as added by section 7), and education and training in the stabilization and reconstruction curriculum established under section 701(g) of the Foreign Service Act of 1980 (as added by section 8) should be considered among the favorable factors for the promotion of employees of Executive agencies. (b) Personnel training and promotion \nThe Secretary and the Administrator should take steps to ensure that, not later than 3 years after the date of the enactment of this Act, at least 10 percent of the employees of the Department and the United States Agency for International Development in the United States are members of the Response Readiness Corps or are trained in the activities of, or identified for potential deployment in support of, the Response Readiness Corps. The Secretary should provide such training to Ambassadors and Deputy Chiefs of Mission. (c) Other incentives and benefits \nThe Secretary and the Administrator may establish and administer a system of awards and other incentives and benefits to confer appropriate recognition on and reward any individual who is assigned, detailed, or deployed to carry out stabilization or reconstruction activities in accordance with this Act.", "id": "HE94DABCF667A42019E63F4C279DC797E", "header": "Service related to stabilization and reconstruction", "nested": [ { "text": "(a) Promotion purposes \nService in stabilization and reconstruction operations overseas, membership in the Response Readiness Corps under section 59(b) of the State Department Basic Authorities Act of 1956 (as added by section 7), and education and training in the stabilization and reconstruction curriculum established under section 701(g) of the Foreign Service Act of 1980 (as added by section 8) should be considered among the favorable factors for the promotion of employees of Executive agencies.", "id": "H2818D1098FBF45498EC00007253A065", "header": "Promotion purposes", "nested": [], "links": [] }, { "text": "(b) Personnel training and promotion \nThe Secretary and the Administrator should take steps to ensure that, not later than 3 years after the date of the enactment of this Act, at least 10 percent of the employees of the Department and the United States Agency for International Development in the United States are members of the Response Readiness Corps or are trained in the activities of, or identified for potential deployment in support of, the Response Readiness Corps. The Secretary should provide such training to Ambassadors and Deputy Chiefs of Mission.", "id": "H0360D0633DEE438A961E7C1BBF71CBEA", "header": "Personnel training and promotion", "nested": [], "links": [] }, { "text": "(c) Other incentives and benefits \nThe Secretary and the Administrator may establish and administer a system of awards and other incentives and benefits to confer appropriate recognition on and reward any individual who is assigned, detailed, or deployed to carry out stabilization or reconstruction activities in accordance with this Act.", "id": "H1EDC8092B7FB49F0B686A56E3678CB80", "header": "Other incentives and benefits", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Authorities related to personnel \n(a) Contracting authority \nThe Secretary, or the head of another Executive agency authorized by the Secretary, may, upon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , procure the services of individuals or organizations by contract to carry out the purposes of this Act. Individuals so performing such services shall not by virtue of performing such services be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary or other authorized Executive agency head may determine the applicability to such individuals of any law administered by the Secretary or other authorized Executive agency head concerning the performance of such services by such individuals). (b) Experts and consultants \nUpon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , the Secretary and Administrator may, to the extent necessary to obtain services without delay, employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with any otherwise applicable requirements for that employment as the Secretary or Administrator may determine, except that such employment shall be terminated after 60 days if by that time the applicable requirements are not complied with. (c) Authority to accept and assign details \nThe Secretary and the Administrator are authorized to accept details or assignments of employees of Executive agencies, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to meet the purposes of this Act. 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) Dual compensation waiver \n(1) Annuitants under Civil Service Retirement System and Federal Employees Retirement System \nNotwithstanding sections 8344(i) and 8468(f) of title 5, United States Code, the Secretary and the Administrator may waive the application of the provisions of sections 8344 (a) through (h) and 8468 (a) through (e) of title 5, United States Code, with respect to annuitants under the Civil Service Retirement System or the Federal Employees Retirement System who are assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act during the period of their reemployment. (2) Annuitants under Foreign Service Retirement and Disability System and Foreign Service Pension System \nThe Secretary may waive the application of subsections (a) through (d) of section 824 of the Foreign Service Act ( 22 U.S.C. 4064 ), for annuitants under the Foreign Service Retirement and Disability System or the Foreign Service Pension System who are reemployed on a temporary basis in order to be assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act. (e) Extension of certain Foreign Service benefits \nThe Secretary may extend to any individuals assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 972 , 22 U.S.C. 3973 , 22 U.S.C. 4024 , and 22 U.S.C. 4081 ) to the same extent and manner that such benefits and privileges are extended to members of the Foreign Service. (f) Compensatory time \nNotwithstanding any other provision of law, the Secretary and the Administrator may, subject to the consent of an individual who is assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act, grant such individual compensatory time off for an equal amount of time spent in regularly or irregularly scheduled overtime work. Credit for compensatory time off earned shall not form the basis for any additional compensation. Any such compensatory time not used within 26 pay periods shall be forfeited. (g) Increase in premium pay cap \nThe Secretary is authorized to compensate an employee detailed, assigned, or deployed to carry out stabilization and reconstruction activities in accordance with this Act without regard to the limitations on premium pay set forth in section 5547 of title 5, United States Code, to the extent that the aggregate of the basic pay and premium pay of such employee for a year does not exceed the annual rate payable for level II of the Executive Schedule. (h) Acceptance of volunteer services \n(1) In general \nThe Secretary, or the head of an Executive agency authorized by the Secretary, may, upon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , accept volunteer services to carry out stabilization and reconstruction activities under this Act and section 59 of the State Department Basic Authorities Act of 1956 without regard to section 1342 of title 31, United States Code. (2) Types of volunteers \nDonors of voluntary services accepted for purposes of this section may include— (A) advisors; (B) experts; (C) consultants; and (D) persons performing services in any other capacity determined appropriate by the Secretary. (3) Supervision \nThe Secretary, or the head of an Executive agency authorized by the Secretary, shall— (A) ensure that each person performing voluntary services accepted under this section is notified of the scope of the voluntary services accepted; (B) supervise the volunteer to the same extent as employees receiving compensation for similar services; and (C) ensure that the volunteer has appropriate credentials or is otherwise qualified to perform in each capacity for which the volunteer’s services are accepted. (4) Applicability of provisions relating to Federal Government employees \nA person providing volunteer services accepted under this section shall not be considered an employee of the Federal Government in the performance of those services, except for the purposes of the following provisions of law: (A) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (B) Chapter 171 of title 28, United States Code, relating to tort claims. (C) Chapter 11 of title 18, United States Code, relating to conflicts of interest.", "id": "HE45B01EA23B54EC6001521D5176325D1", "header": "Authorities related to personnel", "nested": [ { "text": "(a) Contracting authority \nThe Secretary, or the head of another Executive agency authorized by the Secretary, may, upon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , procure the services of individuals or organizations by contract to carry out the purposes of this Act. Individuals so performing such services shall not by virtue of performing such services be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary or other authorized Executive agency head may determine the applicability to such individuals of any law administered by the Secretary or other authorized Executive agency head concerning the performance of such services by such individuals).", "id": "H905FCF57472F4F059D5B19FCE5AF0036", "header": "Contracting authority", "nested": [], "links": [] }, { "text": "(b) Experts and consultants \nUpon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , the Secretary and Administrator may, to the extent necessary to obtain services without delay, employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with any otherwise applicable requirements for that employment as the Secretary or Administrator may determine, except that such employment shall be terminated after 60 days if by that time the applicable requirements are not complied with.", "id": "H8CD11F88585D475B8B178FA75D67E4B4", "header": "Experts and consultants", "nested": [], "links": [ { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "(c) Authority to accept and assign details \nThe Secretary and the Administrator are authorized to accept details or assignments of employees of Executive agencies, members of the uniformed services, and employees of State or local governments on a reimbursable or nonreimbursable basis in order to meet the purposes of this Act. 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.", "id": "H2024FD0A49094DA5BE667CC62374987E", "header": "Authority to accept and assign details", "nested": [], "links": [ { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" } ] }, { "text": "(d) Dual compensation waiver \n(1) Annuitants under Civil Service Retirement System and Federal Employees Retirement System \nNotwithstanding sections 8344(i) and 8468(f) of title 5, United States Code, the Secretary and the Administrator may waive the application of the provisions of sections 8344 (a) through (h) and 8468 (a) through (e) of title 5, United States Code, with respect to annuitants under the Civil Service Retirement System or the Federal Employees Retirement System who are assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act during the period of their reemployment. (2) Annuitants under Foreign Service Retirement and Disability System and Foreign Service Pension System \nThe Secretary may waive the application of subsections (a) through (d) of section 824 of the Foreign Service Act ( 22 U.S.C. 4064 ), for annuitants under the Foreign Service Retirement and Disability System or the Foreign Service Pension System who are reemployed on a temporary basis in order to be assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act.", "id": "HE7B8F1D66331415C877EC0A4E8F5B2D7", "header": "Dual compensation waiver", "nested": [], "links": [ { "text": "8344(i)", "legal-doc": "usc", "parsable-cite": "usc/5/8344" }, { "text": "8468(f)", "legal-doc": "usc", "parsable-cite": "usc/5/8468" }, { "text": "22 U.S.C. 4064", "legal-doc": "usc", "parsable-cite": "usc/22/4064" } ] }, { "text": "(e) Extension of certain Foreign Service benefits \nThe Secretary may extend to any individuals assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act the benefits or privileges set forth in sections 412, 413, 704, and 901 of the Foreign Service Act of 1980 ( 22 U.S.C. 972 , 22 U.S.C. 3973 , 22 U.S.C. 4024 , and 22 U.S.C. 4081 ) to the same extent and manner that such benefits and privileges are extended to members of the Foreign Service.", "id": "H2D7AC20DE8044E0B00568FD16129F8CC", "header": "Extension of certain Foreign Service benefits", "nested": [], "links": [ { "text": "22 U.S.C. 972", "legal-doc": "usc", "parsable-cite": "usc/22/972" }, { "text": "22 U.S.C. 3973", "legal-doc": "usc", "parsable-cite": "usc/22/3973" }, { "text": "22 U.S.C. 4024", "legal-doc": "usc", "parsable-cite": "usc/22/4024" }, { "text": "22 U.S.C. 4081", "legal-doc": "usc", "parsable-cite": "usc/22/4081" } ] }, { "text": "(f) Compensatory time \nNotwithstanding any other provision of law, the Secretary and the Administrator may, subject to the consent of an individual who is assigned, detailed, or deployed to carry out stabilization and reconstruction activities in accordance with this Act, grant such individual compensatory time off for an equal amount of time spent in regularly or irregularly scheduled overtime work. Credit for compensatory time off earned shall not form the basis for any additional compensation. Any such compensatory time not used within 26 pay periods shall be forfeited.", "id": "H8EFE2A6908A54F3882ACD6BDA4CC83E2", "header": "Compensatory time", "nested": [], "links": [] }, { "text": "(g) Increase in premium pay cap \nThe Secretary is authorized to compensate an employee detailed, assigned, or deployed to carry out stabilization and reconstruction activities in accordance with this Act without regard to the limitations on premium pay set forth in section 5547 of title 5, United States Code, to the extent that the aggregate of the basic pay and premium pay of such employee for a year does not exceed the annual rate payable for level II of the Executive Schedule.", "id": "H47E095B804854A3E9CD888431D247CB0", "header": "Increase in premium pay cap", "nested": [], "links": [ { "text": "section 5547", "legal-doc": "usc", "parsable-cite": "usc/5/5547" } ] }, { "text": "(h) Acceptance of volunteer services \n(1) In general \nThe Secretary, or the head of an Executive agency authorized by the Secretary, may, upon a determination by the President regarding a stabilization and reconstruction crisis under section 618 of the Foreign Assistance Act of 1961 , accept volunteer services to carry out stabilization and reconstruction activities under this Act and section 59 of the State Department Basic Authorities Act of 1956 without regard to section 1342 of title 31, United States Code. (2) Types of volunteers \nDonors of voluntary services accepted for purposes of this section may include— (A) advisors; (B) experts; (C) consultants; and (D) persons performing services in any other capacity determined appropriate by the Secretary. (3) Supervision \nThe Secretary, or the head of an Executive agency authorized by the Secretary, shall— (A) ensure that each person performing voluntary services accepted under this section is notified of the scope of the voluntary services accepted; (B) supervise the volunteer to the same extent as employees receiving compensation for similar services; and (C) ensure that the volunteer has appropriate credentials or is otherwise qualified to perform in each capacity for which the volunteer’s services are accepted. (4) Applicability of provisions relating to Federal Government employees \nA person providing volunteer services accepted under this section shall not be considered an employee of the Federal Government in the performance of those services, except for the purposes of the following provisions of law: (A) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (B) Chapter 171 of title 28, United States Code, relating to tort claims. (C) Chapter 11 of title 18, United States Code, relating to conflicts of interest.", "id": "HAFE96BAE8E3A41F7BEC21F6B0160FA35", "header": "Acceptance of volunteer services", "nested": [], "links": [ { "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": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/33" }, { "text": "8344(i)", "legal-doc": "usc", "parsable-cite": "usc/5/8344" }, { "text": "8468(f)", "legal-doc": "usc", "parsable-cite": "usc/5/8468" }, { "text": "22 U.S.C. 4064", "legal-doc": "usc", "parsable-cite": "usc/22/4064" }, { "text": "22 U.S.C. 972", "legal-doc": "usc", "parsable-cite": "usc/22/972" }, { "text": "22 U.S.C. 3973", "legal-doc": "usc", "parsable-cite": "usc/22/3973" }, { "text": "22 U.S.C. 4024", "legal-doc": "usc", "parsable-cite": "usc/22/4024" }, { "text": "22 U.S.C. 4081", "legal-doc": "usc", "parsable-cite": "usc/22/4081" }, { "text": "section 5547", "legal-doc": "usc", "parsable-cite": "usc/5/5547" }, { "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": "11. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated $80,000,000 for personnel, education and training, equipment, and travel costs for purposes of carrying out this Act and the amendments made by this Act. (b) Office of International Stabilization and Reconstruction \nOf the amounts authorized to be appropriated in subsection (a), $8,000,000 is authorized to be made available to pay the salaries, overhead, travel, per diem, and related costs associated with establishing and operating the Office of International Stabilization described in section 59 of the State Department Basic Authorities Act of 1956 (as added by sections 6 and 7).", "id": "H660A74D874B84BB5B9E8EDA4E97BEDD4", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated $80,000,000 for personnel, education and training, equipment, and travel costs for purposes of carrying out this Act and the amendments made by this Act.", "id": "HA5BD8BD91345448AB99EB683E0D915F4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Office of International Stabilization and Reconstruction \nOf the amounts authorized to be appropriated in subsection (a), $8,000,000 is authorized to be made available to pay the salaries, overhead, travel, per diem, and related costs associated with establishing and operating the Office of International Stabilization described in section 59 of the State Department Basic Authorities Act of 1956 (as added by sections 6 and 7).", "id": "HA046622912AD4828B31C26D503572F00", "header": "Office of International Stabilization and Reconstruction", "nested": [], "links": [] } ], "links": [] } ]

[ "Advice and consent of the Senate", "Armed Forces and National Security", "Civil War", "Civil service retirement", "Civil-military relations", "Congress", "Congressional reporting requirements", "Consultants", "Curricula", "Department of Defense", "Department of State", "Diplomats", "Employee training", "Executive Office of the President", "Executive reorganization", "Exports", "Federal employees", "Federal officials", "Foreign Trade and International Finance", "Foreign service", "Fringe benefits", "Government Operations and Politics", "Government contractors", "Government procurement", "Government service contracts", "Haiti compilation", "Hours of labor", "International agencies", "International cooperation", "International relief", "Iraq compilation", "Labor and Employment", "Language and languages", "Leave of absence", "Local employees", "Military civic action", "Military personnel", "Nongovernmental organizations", "Presidential appointments", "Promotions", "Salaries", "Social Welfare", "State employees", "Transfer of employees", "U.S. Agency for International Development", "United Nations", "Volunteer forces", "Volunteer workers", "War relief" ]

[ { "text": "1. Suspension of duty on Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.21 Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate (CAS No. 52829-07-9) (provided for in subheading 2933.39.20) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate", "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: 9902.34.21 Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate (CAS No. 52829-07-9) (provided for in subheading 2933.39.20) Free No Change No Change On or Before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "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": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Election Integrity Act of 2004.", "id": "H3B057B6743624E13AF057E0076C5281", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requiring Proof of Citizenship to Accompany Application For Voter Registration \n(a) Application Provided With Motor Vehicle License Application \nSection 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg—3(c)(2)) is amended— (1) in subparagraph (B), by striking may require and inserting in addition to the information required under subparagraph (E), may require ; (2) by striking and at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: (E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (b) Mail-in Form \nSection 9(b) of such Act (42 U.S.C. 1973gg—7(b)) is amended— (1) in paragraph (1), by striking may require and inserting consistent with paragraph (5), may require ; (2) by striking and at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ; and ; and (4) by adding at the end the following new paragraph: (5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (c) Special Rules For States Without Registration Requirement and States Permitting Same-Day Registration \n(1) In general \nSection 8 of such Act (42 U.S.C. 1973gg—6) is amended— (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: (j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration \n(1) States without registration requirement \nIn the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. (2) States permitting same-day registration \nIn the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (2) Conforming amendment \nSection 4(b) of such Act ( 42 U.S.C. 1973gg–2(b) ) is amended by striking This Act and inserting Except as provided in section 8(j), this Act.", "id": "HD7750E72FF0448C0A548E9B168D4F742", "header": "Requiring Proof of Citizenship to Accompany Application For Voter Registration", "nested": [ { "text": "(a) Application Provided With Motor Vehicle License Application \nSection 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg—3(c)(2)) is amended— (1) in subparagraph (B), by striking may require and inserting in addition to the information required under subparagraph (E), may require ; (2) by striking and at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: (E) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State..", "id": "H37817F4E9E5748FDAC618B69A7885F63", "header": "Application Provided With Motor Vehicle License Application", "nested": [], "links": [] }, { "text": "(b) Mail-in Form \nSection 9(b) of such Act (42 U.S.C. 1973gg—7(b)) is amended— (1) in paragraph (1), by striking may require and inserting consistent with paragraph (5), may require ; (2) by striking and at the end of paragraph (3); (3) by striking the period at the end of paragraph (4) and inserting ; and ; and (4) by adding at the end the following new paragraph: (5) shall require the applicant to provide a photographic copy of any document which provides proof that the applicant is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State..", "id": "H81945288A2BB491DBF0186443844FF18", "header": "Mail-in Form", "nested": [], "links": [] }, { "text": "(c) Special Rules For States Without Registration Requirement and States Permitting Same-Day Registration \n(1) In general \nSection 8 of such Act (42 U.S.C. 1973gg—6) is amended— (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following new subsection: (j) Requirement for Proof of Citizenship in States Without Registration Requirement and States Permitting Same-Day Registration \n(1) States without registration requirement \nIn the case of a State described in section 4(b)(1), the appropriate State or local election official may not provide any individual with a ballot for an election for Federal office (including an absentee ballot) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State. (2) States permitting same-day registration \nIn the case of a State described in section 4(b)(2), the appropriate State or local election official may not permit any individual to register to vote in an election for Federal office (including an individual who desires to register to vote at the polling place at the time of voting in the election) unless the individual provides the official with a photographic copy of any document which provides proof that the individual is a citizen of the United States, in accordance with guidelines established by the Election Administration Commission in consultation with the Secretary of Homeland Security and the Secretary of State.. (2) Conforming amendment \nSection 4(b) of such Act ( 42 U.S.C. 1973gg–2(b) ) is amended by striking This Act and inserting Except as provided in section 8(j), this Act.", "id": "HFDA7584FEF8D4384ACF47378E1B4DF87", "header": "Special Rules For States Without Registration Requirement and States Permitting Same-Day Registration", "nested": [], "links": [ { "text": "42 U.S.C. 1973gg–2(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-2" } ] } ], "links": [ { "text": "42 U.S.C. 1973gg–2(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg-2" } ] }, { "text": "3. Requiring Voters to Provide Photo Identification \n(a) In General \nSection 303(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b) ) is amended— (1) in the heading, by striking for Voters Who Register by Mail and inserting for Providing Photo Identification ; and (2) by striking paragraphs (1) through (3) and inserting the following: (1) Individuals voting in person \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. (2) Individuals voting by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification.. (b) Conforming Amendments \nSection 303 of such Act ( 42 U.S.C. 15483 ) is amended— (1) in the heading, by striking for voters who register by mail and inserting for Providing Photo Identification ; and (2) in subsection (c), by striking subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) and inserting subsection (a)(5)(A)(i)(II). (c) Clerical Amendment \nThe table of contents of such Act is amended by amending the item relating to section 303 to read as follows: Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification. (d) Effective Date \nSection 303(d) of such Act ( 42 U.S.C. 15483(d) ) is amended to read as follows: (d) Requirement to provide photo identification \nSubsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office..", "id": "H7F95AAD224E04F348B43EAC43CCBB3C0", "header": "Requiring Voters to Provide Photo Identification", "nested": [ { "text": "(a) In General \nSection 303(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b) ) is amended— (1) in the heading, by striking for Voters Who Register by Mail and inserting for Providing Photo Identification ; and (2) by striking paragraphs (1) through (3) and inserting the following: (1) Individuals voting in person \nNotwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office (including a provisional ballot under section 302(a)) to an individual who desires to vote in person unless the individual presents to the official a current and valid photo identification. (2) Individuals voting by mail \nNotwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes by mail unless the individual submits with the ballot a copy of a current and valid photo identification..", "id": "HD4F7393666614BD7821542AD1C568863", "header": "In General", "nested": [], "links": [ { "text": "42 U.S.C. 15483(b)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] }, { "text": "(b) Conforming Amendments \nSection 303 of such Act ( 42 U.S.C. 15483 ) is amended— (1) in the heading, by striking for voters who register by mail and inserting for Providing Photo Identification ; and (2) in subsection (c), by striking subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) and inserting subsection (a)(5)(A)(i)(II).", "id": "HD4D32418DDFF41DE00483FC327361714", "header": "Conforming Amendments", "nested": [], "links": [ { "text": "42 U.S.C. 15483", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] }, { "text": "(c) Clerical Amendment \nThe table of contents of such Act is amended by amending the item relating to section 303 to read as follows: Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.", "id": "H0236AE559AC1441B00857005F015686B", "header": "Clerical Amendment", "nested": [], "links": [] }, { "text": "(d) Effective Date \nSection 303(d) of such Act ( 42 U.S.C. 15483(d) ) is amended to read as follows: (d) Requirement to provide photo identification \nSubsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office..", "id": "HE8FEEDFE457F4DE5AD04EEFC8F72364D", "header": "Effective Date", "nested": [], "links": [ { "text": "42 U.S.C. 15483(d)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] } ], "links": [ { "text": "42 U.S.C. 15483(b)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" }, { "text": "42 U.S.C. 15483", "legal-doc": "usc", "parsable-cite": "usc/42/15483" }, { "text": "42 U.S.C. 15483(d)", "legal-doc": "usc", "parsable-cite": "usc/42/15483" } ] }, { "text": "4. Effective Date \nThis Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2004 and each succeeding election for Federal office.", "id": "HEDC626F3881C4AB5BF5B4F59BB43B333", "header": "Effective Date", "nested": [], "links": [] } ]

[ "Absentee voting", "Ballots", "Citizenship", "Congress", "Congressional elections", "Driver licenses", "Identification devices", "Immigration", "Photography", "Presidential elections", "Transportation and Public Works", "Voter registration" ]

[ { "text": "1. Expansion of renewable resource credit to include climate neutral combustion processes \n(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following: (D) resources used to produce climate neutral combustion.. (b) Climate neutral combustion defined \nSection 45(c) of such Code (relating to definitions) is amended by adding at the end the following: (5) Climate neutral combustion \n(A) In general \nThe term climate neutral combustion means a combustion system to generate electricity, wherein the combustion is fueled by biomass or fossil energy carriers, where the carbon dioxide, which is released during the combustion process, is captured and applied to a useful purpose, or stored in the Earth’s subsurface by sequestration, and from which there are no atmospheric emissions of mercury or greenhouse gases, nor emissions that form fine particles, smog, or acid rain. (B) Biomass \nFor purposes of subparagraph (A), the term biomass means— (i) any portion of a crop containing cellulose, including rice or other grain hulls or straws, seeds or pits of fruits, nut hulls, orchard residue, tree trimmings, soybean matter, sugarcane or grape bagasse, and (ii) agricultural wastes (other than wastes described in clause (i)), including chicken, cattle, pig, or other livestock waste. (C) Fossil energy carriers \nFor purposes of subparagraph (A), the term fossil energy carrier means— (i) a fossil fuel, such as coal, lignite, petroleum, natural gas, including petcoke, and (ii) refined or gasified forms of such fossil fuels.. (c) Qualified facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by adding at the end the following: (D) Climate neutral combustion facility \nIn the case of a facility using a climate neutral combustion process to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after December 31, 2004.. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "HE656DA0177544115A9EA0814AD117454", "header": "Expansion of renewable resource credit to include climate neutral combustion processes", "nested": [ { "text": "(a) In general \nSection 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following: (D) resources used to produce climate neutral combustion..", "id": "H20240C2AD94A47019DD4536CC1662E28", "header": "In general", "nested": [], "links": [ { "text": "Section 45(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/45" } ] }, { "text": "(b) Climate neutral combustion defined \nSection 45(c) of such Code (relating to definitions) is amended by adding at the end the following: (5) Climate neutral combustion \n(A) In general \nThe term climate neutral combustion means a combustion system to generate electricity, wherein the combustion is fueled by biomass or fossil energy carriers, where the carbon dioxide, which is released during the combustion process, is captured and applied to a useful purpose, or stored in the Earth’s subsurface by sequestration, and from which there are no atmospheric emissions of mercury or greenhouse gases, nor emissions that form fine particles, smog, or acid rain. (B) Biomass \nFor purposes of subparagraph (A), the term biomass means— (i) any portion of a crop containing cellulose, including rice or other grain hulls or straws, seeds or pits of fruits, nut hulls, orchard residue, tree trimmings, soybean matter, sugarcane or grape bagasse, and (ii) agricultural wastes (other than wastes described in clause (i)), including chicken, cattle, pig, or other livestock waste. (C) Fossil energy carriers \nFor purposes of subparagraph (A), the term fossil energy carrier means— (i) a fossil fuel, such as coal, lignite, petroleum, natural gas, including petcoke, and (ii) refined or gasified forms of such fossil fuels..", "id": "H4C9CC338A93943E2AB7D3D9C4C94E64D", "header": "Climate neutral combustion defined", "nested": [], "links": [] }, { "text": "(c) Qualified facility \nSection 45(c)(3) of such Code (defining qualified facility) is amended by adding at the end the following: (D) Climate neutral combustion facility \nIn the case of a facility using a climate neutral combustion process to produce electricity, the term qualified facility means any facility owned by the taxpayer which is originally placed in service after December 31, 2004..", "id": "HC7D0F9B3805740088B471B063FB434C1", "header": "Qualified facility", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H620BEDEB6A2E478F938C7FDCAEE375E0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 45(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/45" } ] } ]

[ "Acid rain", "Agricultural wastes", "Agriculture and Food", "Biomass energy", "Carbon dioxide", "Cellulose", "Climate change and greenhouse gases", "Coal", "Commerce", "Electric power production", "Energy crops", "Environmental Protection", "Environmental technology", "Fossil fuels", "Income tax", "Mercury", "Public Lands and Natural Resources", "Refuse as fuel", "Science, Technology, Communications", "Smog", "Tax credits" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HB666120EAC5E4755B9DC501CE5A23E8E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Optional medicaid coverage of low-income HIV-infected individuals \n(a) In general \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)(10)(A)(ii)— (A) by striking or at the end of subclause (XVII); (B) by adding or at the end of subclause (XVIII); and (C) by adding at the end the following: (XIX) who are described in subsection (cc) (relating to HIV-infected individuals); ; and (2) by adding at the end the following: (cc) HIV-infected individuals described in this subsection are individuals not described in subsection (a)(10)(A)(i)— (1) who have HIV infection; (2) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and (3) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan.. (b) Enhanced match \nThe first sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by striking section 1902(a)(10)(A)(ii)(XVIII) and inserting subclause (XVIII) or (XIX) of section 1902(a)(10)(A)(ii). (c) Conforming amendments \nSection 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended in the matter preceding paragraph (1)— (1) by striking or at the end of clause (xii); (2) by adding or at the end of clause (xiii); and (3) by inserting after clause (xiii) the following: (xiv) individuals described in section 1902(cc);. (d) Exemption from funding limitation for territories \nSection 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended by adding at the end the following: (3) Disregarding medical assistance for optional low-income hiv-infected individuals \nThe limitations under subsection (f) and the previous provisions of this subsection shall not apply to amounts expended for medical assistance for individuals described in section 1902(cc) who are only eligible for such assistance on the basis of section 1902(a)(10)(A)(ii)(XIX).. (e) Effective date \nThe amendments made by this section shall apply to calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.", "id": "HB05D76BF155B49D7AAC88D1666136E91", "header": "Optional medicaid coverage of low-income HIV-infected individuals", "nested": [ { "text": "(a) In general \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)(10)(A)(ii)— (A) by striking or at the end of subclause (XVII); (B) by adding or at the end of subclause (XVIII); and (C) by adding at the end the following: (XIX) who are described in subsection (cc) (relating to HIV-infected individuals); ; and (2) by adding at the end the following: (cc) HIV-infected individuals described in this subsection are individuals not described in subsection (a)(10)(A)(i)— (1) who have HIV infection; (2) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and (3) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan..", "id": "H566040E3C29A4BBD8600A9488B6D08AF", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(b) Enhanced match \nThe first sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by striking section 1902(a)(10)(A)(ii)(XVIII) and inserting subclause (XVIII) or (XIX) of section 1902(a)(10)(A)(ii).", "id": "HA3536EFAB67E4979876100D043C4BB4", "header": "Enhanced match", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(c) Conforming amendments \nSection 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended in the matter preceding paragraph (1)— (1) by striking or at the end of clause (xii); (2) by adding or at the end of clause (xiii); and (3) by inserting after clause (xiii) the following: (xiv) individuals described in section 1902(cc);.", "id": "HB5B4332F896E476B94DE44A1FACBD7D", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(d) Exemption from funding limitation for territories \nSection 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended by adding at the end the following: (3) Disregarding medical assistance for optional low-income hiv-infected individuals \nThe limitations under subsection (f) and the previous provisions of this subsection shall not apply to amounts expended for medical assistance for individuals described in section 1902(cc) who are only eligible for such assistance on the basis of section 1902(a)(10)(A)(ii)(XIX)..", "id": "HE645AA342C8C4305A48EC8FC5D80AA6B", "header": "Exemption from funding limitation for territories", "nested": [], "links": [ { "text": "42 U.S.C. 1308(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1308" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.", "id": "HB9AFA9E88E934DBF9B2CC2C35080F2A3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396d(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396d(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1308(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1308" } ] } ]

[ "AIDS (Disease)", "American Samoa", "Government Operations and Politics", "Guam", "Human immunodeficiency viruses", "Intergovernmental fiscal relations", "Medicaid", "Northern Mariana Islands", "Puerto Rico", "Social Welfare", "Territories (U.S.)", "Virgin Islands", "Welfare eligibility" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Designation of Foreign Terrorist Organizations Reform Act.", "id": "H0EF36FAEFD684C66B365FD348F3E181D", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Designation of foreign terrorist organizations \n(a) Period of designation \nSection 219(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4) ) is amended— (1) in subparagraph (A)— (A) by striking Subject to paragraphs (5) and (6), a and inserting A ; and (B) by striking for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B) and inserting until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c) ; (2) by striking subparagraph (B) and inserting the following: (B) Review of designation upon petition \n(i) In general \nThe Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). (ii) Petition period \nFor purposes of clause (i)— (I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. (iii) Procedures \nAny foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) have changed in such a manner as to warrant revocation with respect to the organization. (iv) Determination \n(I) In general \nNot later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. (II) Classified information \nThe Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (III) Publication of determination \nA determination made by the Secretary under this clause shall be published in the Federal Register. (IV) Procedures \nAny revocation by the Secretary shall be made in accordance with paragraph (6). ; and (3) by adding at the end the following: (C) Other review of designation \n(i) In general \nIf in a 4-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures \nIf a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review \nThe Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.. (b) Aliases \nSection 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Amendments to a designation \n(1) In general \nThe Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. (2) Procedure \nAmendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. (3) Administrative record \nThe administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. (4) Classified information \nThe Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).. (c) Technical and conforming amendments \nSection 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(B), by striking subsection (b) and inserting subsection (c) ; (B) in paragraph (6)(A)— (i) in the matter preceding clause (i), by striking or a redesignation made under paragraph (4)(B) and inserting at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) ; and (ii) in clause (i), by striking or redesignation ; (C) in paragraph (7), by striking , or the revocation of a redesignation under paragraph (6), ; and (D) in paragraph (8)— (i) by striking , or if a redesignation under this subsection has become effective under paragraph (4)(B), ; and (ii) by striking or redesignation ; and (2) in subsection (c), as so redesignated— (A) in paragraph (1), by striking of the designation in the Federal Register, and all that follows through review of the designation and inserting in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review ; (B) in paragraph (2), by inserting , amended designation, or determination in response to a petition for revocation after designation ; (C) in paragraph (3), by inserting , amended designation, or determination in response to a petition for revocation after designation ; and (D) in paragraph (4), by inserting , amended designation, or determination in response to a petition for revocation after designation each place that term appears. (d) Savings provision \nFor purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term designation , as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4)(B) ) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ).", "id": "HABA0BBD587854DCBAC8FF43E357467FB", "header": "Designation of foreign terrorist organizations", "nested": [ { "text": "(a) Period of designation \nSection 219(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4) ) is amended— (1) in subparagraph (A)— (A) by striking Subject to paragraphs (5) and (6), a and inserting A ; and (B) by striking for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B) and inserting until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c) ; (2) by striking subparagraph (B) and inserting the following: (B) Review of designation upon petition \n(i) In general \nThe Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). (ii) Petition period \nFor purposes of clause (i)— (I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. (iii) Procedures \nAny foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) have changed in such a manner as to warrant revocation with respect to the organization. (iv) Determination \n(I) In general \nNot later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. (II) Classified information \nThe Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). (III) Publication of determination \nA determination made by the Secretary under this clause shall be published in the Federal Register. (IV) Procedures \nAny revocation by the Secretary shall be made in accordance with paragraph (6). ; and (3) by adding at the end the following: (C) Other review of designation \n(i) In general \nIf in a 4-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures \nIf a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review \nThe Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register..", "id": "H1843B6BDBF6C41BEA772EBD1A3365D19", "header": "Period of designation", "nested": [], "links": [ { "text": "8 U.S.C. 1189(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "(b) Aliases \nSection 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): (b) Amendments to a designation \n(1) In general \nThe Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. (2) Procedure \nAmendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. (3) Administrative record \nThe administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. (4) Classified information \nThe Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c)..", "id": "H8E6F819443BF4EFDB93554DDB63F1C4B", "header": "Aliases", "nested": [], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "(c) Technical and conforming amendments \nSection 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(B), by striking subsection (b) and inserting subsection (c) ; (B) in paragraph (6)(A)— (i) in the matter preceding clause (i), by striking or a redesignation made under paragraph (4)(B) and inserting at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) ; and (ii) in clause (i), by striking or redesignation ; (C) in paragraph (7), by striking , or the revocation of a redesignation under paragraph (6), ; and (D) in paragraph (8)— (i) by striking , or if a redesignation under this subsection has become effective under paragraph (4)(B), ; and (ii) by striking or redesignation ; and (2) in subsection (c), as so redesignated— (A) in paragraph (1), by striking of the designation in the Federal Register, and all that follows through review of the designation and inserting in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review ; (B) in paragraph (2), by inserting , amended designation, or determination in response to a petition for revocation after designation ; (C) in paragraph (3), by inserting , amended designation, or determination in response to a petition for revocation after designation ; and (D) in paragraph (4), by inserting , amended designation, or determination in response to a petition for revocation after designation each place that term appears.", "id": "H63CD6462D6F24CDA81BFAE4E9EAAEA93", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "(d) Savings provision \nFor purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term designation , as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4)(B) ) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ).", "id": "HCAAFE7449AB84D9C921BB6C5E74BEED", "header": "Savings provision", "nested": [], "links": [ { "text": "8 U.S.C. 1189(a)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "8 U.S.C. 1189(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] } ], "links": [ { "text": "8 U.S.C. 1189(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "8 U.S.C. 1189(a)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "8 U.S.C. 1189(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "3. Inclusion in Annual Department of State Country Reports on Terrorism of Information on Terrorist Groups that Seek Weapons of Mass Destruction and Groups that have been Designated as Foreign Terrorist Organizations \n(a) Inclusion in reports \nSection 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ) is amended— (1) in subsection (a)(2)— (A) by inserting any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, after during the preceding five years, ; and (B) by inserting any group designated by the Secretary as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), after Export Administration Act of 1979, ; (2) in subsection (b)(1)(C)(iii), by striking and at the end; (3) in subsection (b)(1)(C)— (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: (iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; and ; and (4) in subsection (b)(2)— (A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) efforts by those groups to obtain or develop weapons of mass destruction;. (b) Effective date \nThe amendments made by subsection (a) shall apply beginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ), submitted more than one year after the date of the enactment of this Act.", "id": "HFBBAB1C56E0D4623BA3B4DC742140017", "header": "Inclusion in Annual Department of State Country Reports on Terrorism of Information on Terrorist Groups that Seek Weapons of Mass Destruction and Groups that have been Designated as Foreign Terrorist Organizations", "nested": [ { "text": "(a) Inclusion in reports \nSection 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ) is amended— (1) in subsection (a)(2)— (A) by inserting any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, after during the preceding five years, ; and (B) by inserting any group designated by the Secretary as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), after Export Administration Act of 1979, ; (2) in subsection (b)(1)(C)(iii), by striking and at the end; (3) in subsection (b)(1)(C)— (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: (iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; and ; and (4) in subsection (b)(2)— (A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: (C) efforts by those groups to obtain or develop weapons of mass destruction;.", "id": "H8907A8C1B7BC439B8F2C6CFBC6178BF", "header": "Inclusion in reports", "nested": [], "links": [ { "text": "22 U.S.C. 2656f", "legal-doc": "usc", "parsable-cite": "usc/22/2656f" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply beginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ), submitted more than one year after the date of the enactment of this Act.", "id": "H7B03AB6941A94F399420A4F14C836ED3", "header": "Effective date", "nested": [], "links": [ { "text": "22 U.S.C. 2656f", "legal-doc": "usc", "parsable-cite": "usc/22/2656f" } ] } ], "links": [ { "text": "22 U.S.C. 2656f", "legal-doc": "usc", "parsable-cite": "usc/22/2656f" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "22 U.S.C. 2656f", "legal-doc": "usc", "parsable-cite": "usc/22/2656f" } ] } ]

[ "Administrative remedies", "Aliens", "Armed Forces and National Security", "Classified defense information", "Congress", "Congressional reporting requirements", "Crime and Law Enforcement", "Department of Homeland Security", "EBB Terrorism", "Evidence (Law)", "Government Operations and Politics", "Government paperwork", "International Affairs", "Law", "Names", "State-sponsored terrorism", "Terrorism", "Weapons of mass destruction" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H979EF8ED962C446CBD78AF7144B7731", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on use of forward contracts \n(a) In general \nSection 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ), is amended— (1) by striking to: and inserting to— ; (2) by redesignating subsections (a), (b), (c), (d), (e), (f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and (8), respectively, and indenting appropriately; (3) in paragraph (7) (as redesignated by paragraph (2)), by designating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (4) in paragraph (8) (as redesignated by paragraph (2)), by striking subdivision (a), (b), (c), (d), or (e) and inserting paragraph (1), (2), (3), (4), (5), or (6) ; (5) in each of paragraphs (1), (2), (3), (4), (5), (7), and (8) (as redesignated by paragraph (2)), by striking the first capital letter of the first word in the paragraph and inserting the same letter in the lower case; (6) in each of paragraphs (1) through (5) (as redesignated by paragraph (2)), by striking or at the end; and (7) by inserting after paragraph (5) (as redesignated by paragraph (2)) the following: (6) use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the day on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of other types of livestock, a comparable quantity of the type of livestock determined by the Secretary.. (b) Definitions \nSection 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ) is amended by adding at the end the following: (15) Formula price \n(A) In general \nThe term formula price means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the day the forward price is established. (B) Exclusion \nThe term formula price does not include— (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract \nThe term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for— (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time..", "id": "HC9ABB78FD4A74E8E0000A9A79969BF87", "header": "Limitation on use of forward contracts", "nested": [ { "text": "(a) In general \nSection 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ), is amended— (1) by striking to: and inserting to— ; (2) by redesignating subsections (a), (b), (c), (d), (e), (f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and (8), respectively, and indenting appropriately; (3) in paragraph (7) (as redesignated by paragraph (2)), by designating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (4) in paragraph (8) (as redesignated by paragraph (2)), by striking subdivision (a), (b), (c), (d), or (e) and inserting paragraph (1), (2), (3), (4), (5), or (6) ; (5) in each of paragraphs (1), (2), (3), (4), (5), (7), and (8) (as redesignated by paragraph (2)), by striking the first capital letter of the first word in the paragraph and inserting the same letter in the lower case; (6) in each of paragraphs (1) through (5) (as redesignated by paragraph (2)), by striking or at the end; and (7) by inserting after paragraph (5) (as redesignated by paragraph (2)) the following: (6) use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the day on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of other types of livestock, a comparable quantity of the type of livestock determined by the Secretary..", "id": "H389C26A46B0B4DAFBCB986F1F753E4E5", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 192", "legal-doc": "usc", "parsable-cite": "usc/7/192" } ] }, { "text": "(b) Definitions \nSection 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ) is amended by adding at the end the following: (15) Formula price \n(A) In general \nThe term formula price means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the day the forward price is established. (B) Exclusion \nThe term formula price does not include— (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract \nThe term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for— (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time..", "id": "H62FF7994CE7D4D6FA744BFAA00A0AACB", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 182(a)", "legal-doc": "usc", "parsable-cite": "usc/7/182" } ] } ], "links": [ { "text": "7 U.S.C. 192", "legal-doc": "usc", "parsable-cite": "usc/7/192" }, { "text": "7 U.S.C. 182(a)", "legal-doc": "usc", "parsable-cite": "usc/7/182" } ] } ]

[ "Agricultural prices", "Animals", "Cattle", "Commerce", "Competition", "Contracts", "Livestock", "Meat packing industry", "Restrictive trade practices", "Swine" ]

[ { "text": "1. Short title \nThis Act may be cited as the Mailing Support to Troops Act of 2004.", "id": "HA66A5B78951A47A18CD062D3B73F20A2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Free mailing privileges \nChapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan \n(a) In general \nAny mail matter to which this section applies may be mailed free of postage if such mail matter— (1) is addressed to an individual who— (A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and (B) (i) is serving in Iraq or Afghanistan; or (ii) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan; and (2) is sent— (A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and (B) from within an area served by a United States post office. (b) Applicability \nThe free mailing privilege made available by this section— (1) shall apply with respect to— (A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and (B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and (2) shall not apply with respect to mail matter that contains any advertising. (c) Rate of postage \nAny mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable. (d) Marking \nAll mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words Free Matter for Member of the Armed Forces of the United States or words to that effect specified by the Postal Service. (e) Regulations \nNot later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section. (f) Duration \nThe free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect..", "id": "H38560769A6C24D80B10673A046715AF", "header": "Free mailing privileges", "nested": [], "links": [ { "text": "Chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" }, { "text": "section 101", "legal-doc": "usc", "parsable-cite": "usc/10/101" }, { "text": "section 411h", "legal-doc": "usc", "parsable-cite": "usc/37/411h" } ] }, { "text": "3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan \n(a) In general \nAny mail matter to which this section applies may be mailed free of postage if such mail matter— (1) is addressed to an individual who— (A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and (B) (i) is serving in Iraq or Afghanistan; or (ii) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan; and (2) is sent— (A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and (B) from within an area served by a United States post office. (b) Applicability \nThe free mailing privilege made available by this section— (1) shall apply with respect to— (A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and (B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and (2) shall not apply with respect to mail matter that contains any advertising. (c) Rate of postage \nAny mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable. (d) Marking \nAll mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words Free Matter for Member of the Armed Forces of the United States or words to that effect specified by the Postal Service. (e) Regulations \nNot later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section. (f) Duration \nThe free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect.", "id": "HBB0BD773B93445B1AAF0B206C9B7DBA5", "header": "Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan", "nested": [ { "text": "(a) In general \nAny mail matter to which this section applies may be mailed free of postage if such mail matter— (1) is addressed to an individual who— (A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and (B) (i) is serving in Iraq or Afghanistan; or (ii) is hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan; and (2) is sent— (A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and (B) from within an area served by a United States post office.", "id": "H2C609B546FE34AA8B1A1D505788D5DC0", "header": "In general", "nested": [], "links": [ { "text": "section 101", "legal-doc": "usc", "parsable-cite": "usc/10/101" }, { "text": "section 411h", "legal-doc": "usc", "parsable-cite": "usc/37/411h" } ] }, { "text": "(b) Applicability \nThe free mailing privilege made available by this section— (1) shall apply with respect to— (A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and (B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and (2) shall not apply with respect to mail matter that contains any advertising.", "id": "H8BCEE83ECC1F4484A9B930B6C900FD53", "header": "Applicability", "nested": [], "links": [] }, { "text": "(c) Rate of postage \nAny mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable.", "id": "HF6EF30545984480F99DF59FE84744171", "header": "Rate of postage", "nested": [], "links": [] }, { "text": "(d) Marking \nAll mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words Free Matter for Member of the Armed Forces of the United States or words to that effect specified by the Postal Service.", "id": "H45976125DF124EC0873EE9757DE67D12", "header": "Marking", "nested": [], "links": [] }, { "text": "(e) Regulations \nNot later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section.", "id": "HCBC53E3A835F4A7D94499E6C17529245", "header": "Regulations", "nested": [], "links": [] }, { "text": "(f) Duration \nThe free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect.", "id": "HF637510F6D53422B004F283B53119DE2", "header": "Duration", "nested": [], "links": [] } ], "links": [ { "text": "section 101", "legal-doc": "usc", "parsable-cite": "usc/10/101" }, { "text": "section 411h", "legal-doc": "usc", "parsable-cite": "usc/37/411h" } ] }, { "text": "3. Funding \n(a) In general \nSections 2401(c) and 3627 of title 39, United States Code, are amended by striking 3406 and inserting 3407. (b) Air transportation \n(1) In general \nSection 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: (d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.. (2) Amendment to prevent duplicative funding \nSection 3401(e) of title 39, United States Code, is amended— (A) by striking transportation or (2) and inserting transportation, (2) ; and (B) by striking office. and inserting office, or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d)..", "id": "H4076C06A268047B4873B26CE09B161FE", "header": "Funding", "nested": [ { "text": "(a) In general \nSections 2401(c) and 3627 of title 39, United States Code, are amended by striking 3406 and inserting 3407.", "id": "HC502D77D72DC4E009B079726B1F68457", "header": "In general", "nested": [], "links": [ { "text": "2401(c)", "legal-doc": "usc", "parsable-cite": "usc/39/2401" }, { "text": "3627", "legal-doc": "usc", "parsable-cite": "usc/39/3627" } ] }, { "text": "(b) Air transportation \n(1) In general \nSection 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: (d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.. (2) Amendment to prevent duplicative funding \nSection 3401(e) of title 39, United States Code, is amended— (A) by striking transportation or (2) and inserting transportation, (2) ; and (B) by striking office. and inserting office, or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d)..", "id": "HAC5BD0327C864DFF8B1E7ED2EA6B7CDC", "header": "Air transportation", "nested": [], "links": [ { "text": "Section 2401", "legal-doc": "usc", "parsable-cite": "usc/39/2401" }, { "text": "Section 3401(e)", "legal-doc": "usc", "parsable-cite": "usc/39/3401" } ] } ], "links": [ { "text": "2401(c)", "legal-doc": "usc", "parsable-cite": "usc/39/2401" }, { "text": "3627", "legal-doc": "usc", "parsable-cite": "usc/39/3627" }, { "text": "Section 2401", "legal-doc": "usc", "parsable-cite": "usc/39/2401" }, { "text": "Section 3401(e)", "legal-doc": "usc", "parsable-cite": "usc/39/3401" } ] }, { "text": "4. Technical and conforming amendments \n(a) Annual budget \nSection 2009 of title 39, United States Code, is amended in the next to last sentence by striking (b) and (c) and inserting (b), (c), and (d). (b) Comprehensive plan references \nSections 2803(a) and 2804(a) of title 39, United States Code, are amended by striking 2401(g) and inserting 2401(f). (c) Chapter analysis \nThe analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan.", "id": "H7944A55EA9FB417A9D88B6D0F668966", "header": "Technical and conforming amendments", "nested": [ { "text": "(a) Annual budget \nSection 2009 of title 39, United States Code, is amended in the next to last sentence by striking (b) and (c) and inserting (b), (c), and (d).", "id": "H5F93FE14C7194B148DA2FA154F75701", "header": "Annual budget", "nested": [], "links": [ { "text": "Section 2009", "legal-doc": "usc", "parsable-cite": "usc/39/2009" } ] }, { "text": "(b) Comprehensive plan references \nSections 2803(a) and 2804(a) of title 39, United States Code, are amended by striking 2401(g) and inserting 2401(f).", "id": "H96B2AE1FDA1245A1926F228B5E80A8D", "header": "Comprehensive plan references", "nested": [], "links": [ { "text": "2803(a)", "legal-doc": "usc", "parsable-cite": "usc/39/2803" }, { "text": "2804(a)", "legal-doc": "usc", "parsable-cite": "usc/39/2804" } ] }, { "text": "(c) Chapter analysis \nThe analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan.", "id": "HE83E5B87E3994150BFD971449DB22DD5", "header": "Chapter analysis", "nested": [], "links": [ { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] } ], "links": [ { "text": "Section 2009", "legal-doc": "usc", "parsable-cite": "usc/39/2009" }, { "text": "2803(a)", "legal-doc": "usc", "parsable-cite": "usc/39/2803" }, { "text": "2804(a)", "legal-doc": "usc", "parsable-cite": "usc/39/2804" }, { "text": "chapter 34", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/39/34" } ] } ]

[ "Afghanistan", "Armed forces abroad", "Authorization", "Commerce", "Economics and Public Finance", "Families", "Government Operations and Politics", "Iraq", "Iraq compilation", "Labeling", "Middle East and North Africa", "Military dependents", "Military pay", "Postal service", "South Asia", "United States Postal Service", "War casualties" ]

[ { "text": "1. Placement of equestrian statue depicting Jacob Hamblin at Forest Service Kaibab Plateau Visitor Center, Jacob Lake, Arizona \n(a) Statue authorized \nThe Secretary of Agriculture shall authorize the Jacob Hamblin Legacy Organization to install a bronze equestrian statue depicting frontiersman, explorer, and missionary Jacob Hamblin on the grounds of the Forest Service Kaibab Plateau Visitor Center in Jacob Lake, Arizona. The authority to install the statue includes the authority to provide historical information regarding the life of Jacob Hamblin, either as part of the base of the statue or a nearby display. (b) Location of statue \nThe statue authorized by subsection (a) shall be installed in a prominent location in front of the visitor center so that the statue is visible from both Highway 67 and Highway 89 Alt. (c) Design approvals \nThe statue authorized by subsection (a) shall be at least life size. The actual design of the statue, and the historical information to be provided as part of the statue, shall be subject to the approval of the Secretary. (d) Prohibition on use of federal funds for establishment \nNo Federal funds may be expended to design the statue authorized by subsection (a), to acquire the statue, to prepare the site selected for the statue, or to install the statue. (e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the Jacob Hamblin Legacy Organization to place the statue at the visitor center if the Secretary determines that fundraising efforts relating to the statue have misrepresented an affiliation of the Jacob Hamblin Legacy Organization with the Federal Government. (f) Annual Report \nUntil the statue authorized by subsection (a) is installed, the Jacob Hamblin Legacy Organization shall submit to the Secretary an annual report of operations related to fundraising efforts for the statue and progress on the placement of the statue at the visitor center. (g) Maintenance \nUpon installation of the statue authorized by subsection (a) at the visitor center, the Secretary shall assume responsibility for the maintenance of the statue. The Secretary may accept contributions for the maintenance of the statue from the Jacob Hamblin Legacy Organization or other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the operation and maintenance of the visitor center.", "id": "H843F41CB208741A08D4D1B82131E714C", "header": "Placement of equestrian statue depicting Jacob Hamblin at Forest Service Kaibab Plateau Visitor Center, Jacob Lake, Arizona", "nested": [ { "text": "(a) Statue authorized \nThe Secretary of Agriculture shall authorize the Jacob Hamblin Legacy Organization to install a bronze equestrian statue depicting frontiersman, explorer, and missionary Jacob Hamblin on the grounds of the Forest Service Kaibab Plateau Visitor Center in Jacob Lake, Arizona. The authority to install the statue includes the authority to provide historical information regarding the life of Jacob Hamblin, either as part of the base of the statue or a nearby display.", "id": "H558CB322004947AA96386552FB5D66BC", "header": "Statue authorized", "nested": [], "links": [] }, { "text": "(b) Location of statue \nThe statue authorized by subsection (a) shall be installed in a prominent location in front of the visitor center so that the statue is visible from both Highway 67 and Highway 89 Alt.", "id": "H63262AAB85CD4ED88E4B04E2B41826B", "header": "Location of statue", "nested": [], "links": [] }, { "text": "(c) Design approvals \nThe statue authorized by subsection (a) shall be at least life size. The actual design of the statue, and the historical information to be provided as part of the statue, shall be subject to the approval of the Secretary.", "id": "H477DB60D343C4A0E8F008CC01806FC84", "header": "Design approvals", "nested": [], "links": [] }, { "text": "(d) Prohibition on use of federal funds for establishment \nNo Federal funds may be expended to design the statue authorized by subsection (a), to acquire the statue, to prepare the site selected for the statue, or to install the statue.", "id": "H6943D74888554F3E9BCA2862A248022B", "header": "Prohibition on use of federal funds for establishment", "nested": [], "links": [] }, { "text": "(e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the Jacob Hamblin Legacy Organization to place the statue at the visitor center if the Secretary determines that fundraising efforts relating to the statue have misrepresented an affiliation of the Jacob Hamblin Legacy Organization with the Federal Government.", "id": "H94ADE9F629984A839F1E7700BA6E9618", "header": "Suspension for misrepresentation in fundraising", "nested": [], "links": [] }, { "text": "(f) Annual Report \nUntil the statue authorized by subsection (a) is installed, the Jacob Hamblin Legacy Organization shall submit to the Secretary an annual report of operations related to fundraising efforts for the statue and progress on the placement of the statue at the visitor center.", "id": "H35F871DB4FE944A5951E5DDF798CDBC9", "header": "Annual Report", "nested": [], "links": [] }, { "text": "(g) Maintenance \nUpon installation of the statue authorized by subsection (a) at the visitor center, the Secretary shall assume responsibility for the maintenance of the statue. The Secretary may accept contributions for the maintenance of the statue from the Jacob Hamblin Legacy Organization or other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the operation and maintenance of the visitor center.", "id": "H7149E2DB9101482D9611F74C9F64C418", "header": "Maintenance", "nested": [], "links": [] } ], "links": [] } ]

[ "Arizona", "Arts, Culture, Religion", "Commemorations", "Fund raising", "Government Operations and Politics", "Government paperwork", "History", "Missionaries", "Monuments and memorials", "Mormons", "National forests", "Religion", "Sculpture", "Tourism", "West (U.S.)" ]

[ { "text": "1. Establishment of New Hampshire memorial, Antietam National Battlefield, Maryland \n(a) Memorial authorized \nThe Secretary of the Interior shall authorize the establishment, at a suitable location approved by the Secretary within the boundaries of Antietam National Battlefield, of a memorial to the officers and enlisted men of the Fifth, Sixth, and Ninth New Hamphire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who fought in the Battle of Antietam on September 17, 1862. (b) Authorized entity \nThe Secretary shall select the persons who will be permitted to establish the memorial authorized by subsection (a). (c) Design approvals \nThe size, design, and inscriptions of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary. (d) Prohibition on use of federal funds for establishment \nNo Federal funds may be expended to design the memorial authorized by subsection (a), to acquire the memorial, to prepare the site selected for the memorial, or to install the memorial. (e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the persons selected under subsection (b) to establish the memorial authorized by subsection (a) if the Secretary determines that fundraising efforts relating to the memorial have misrepresented an affiliation with the memorial or the Federal Government. (f) Annual Report \nUntil the memorial authorized by subsection (a) is installed, the persons selected under subsection (b) to establish the memorial shall submit to the Secretary an annual report of operations related to fundraising efforts for the memorial and progress on the establishment of the memorial. (g) Maintenance \nUpon installation of the memorial authorized by subsection (a), the Secretary shall assume responsibility for the maintenance of the memorial. The Secretary may accept contributions for the maintenance of the memorial from the persons selected under subsection (b) to establish the memorial and from other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the maintenance of the memorial and credited to a separate account with the National Park Foundation.", "id": "HBEF15BB4AF6E452C8F71B7E4577E9327", "header": "Establishment of New Hampshire memorial, Antietam National Battlefield, Maryland", "nested": [ { "text": "(a) Memorial authorized \nThe Secretary of the Interior shall authorize the establishment, at a suitable location approved by the Secretary within the boundaries of Antietam National Battlefield, of a memorial to the officers and enlisted men of the Fifth, Sixth, and Ninth New Hamphire Volunteer Infantry Regiments and the First New Hampshire Light Artillery Battery who fought in the Battle of Antietam on September 17, 1862.", "id": "H5045FA6B17454A5CA8AA149DFEBDE198", "header": "Memorial authorized", "nested": [], "links": [] }, { "text": "(b) Authorized entity \nThe Secretary shall select the persons who will be permitted to establish the memorial authorized by subsection (a).", "id": "HAF5307FAFF6E47F58B4691801C83F002", "header": "Authorized entity", "nested": [], "links": [] }, { "text": "(c) Design approvals \nThe size, design, and inscriptions of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary.", "id": "HA24544F6DDF647BC83055B40C69CBC", "header": "Design approvals", "nested": [], "links": [] }, { "text": "(d) Prohibition on use of federal funds for establishment \nNo Federal funds may be expended to design the memorial authorized by subsection (a), to acquire the memorial, to prepare the site selected for the memorial, or to install the memorial.", "id": "H7DEEB67CEE4C45780028DAD0D319A1A6", "header": "Prohibition on use of federal funds for establishment", "nested": [], "links": [] }, { "text": "(e) Suspension for misrepresentation in fundraising \nThe Secretary may suspend the authority of the persons selected under subsection (b) to establish the memorial authorized by subsection (a) if the Secretary determines that fundraising efforts relating to the memorial have misrepresented an affiliation with the memorial or the Federal Government.", "id": "HE00938A2AD4C4F0BA8A8A9DFEB23F973", "header": "Suspension for misrepresentation in fundraising", "nested": [], "links": [] }, { "text": "(f) Annual Report \nUntil the memorial authorized by subsection (a) is installed, the persons selected under subsection (b) to establish the memorial shall submit to the Secretary an annual report of operations related to fundraising efforts for the memorial and progress on the establishment of the memorial.", "id": "HADD740907C714183A900A84123B5AB50", "header": "Annual Report", "nested": [], "links": [] }, { "text": "(g) Maintenance \nUpon installation of the memorial authorized by subsection (a), the Secretary shall assume responsibility for the maintenance of the memorial. The Secretary may accept contributions for the maintenance of the memorial from the persons selected under subsection (b) to establish the memorial and from other persons. Amounts accepted under this subsection shall be merged with other funds available to the Secretary for the maintenance of the memorial and credited to a separate account with the National Park Foundation.", "id": "H63A5E14A34EF4044000271982E5FB9BC", "header": "Maintenance", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Forces and National Security", "Civil War", "Commemorations", "Fund raising", "Government Operations and Politics", "Government paperwork", "History", "Infantry", "Maryland", "Military parks", "Military personnel", "Monuments and memorials", "New Hampshire", "Volunteer forces" ]

[ { "text": "1. Agricultural Research Service research on interspecies transfer of proteinaceous infectious particles causing transmissible spongiform encephalopathies \n(a) Research program authorized \nThe Secretary of Agriculture make establish a research program under which the Agricultural Research Service will conduct research regarding the likelihood and risks of the transfer between animal species of the proteinaceous infectious particles, known as prions, that cause transmissible spongiform encephalopathies. In carrying out the research program, the Agricultural Research Service shall specifically study the risks associated with feeding livestock by-products to other animals, such as chickens, turkeys, and hogs, which are subsequently slaughtered and the by-products of which are feed to livestock or whose offspring are slaughtered and the by-products of which are feed to livestock. (b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Agriculture to carry out the research program $15,000,000 for fiscal year 2005, $20,000,000 for fiscal year 2006, and $25,000,000 for fiscal year 2007.", "id": "H5B1F802794F04BC5A6506162CA00F700", "header": "Agricultural Research Service research on interspecies transfer of proteinaceous infectious particles causing transmissible spongiform encephalopathies", "nested": [ { "text": "(a) Research program authorized \nThe Secretary of Agriculture make establish a research program under which the Agricultural Research Service will conduct research regarding the likelihood and risks of the transfer between animal species of the proteinaceous infectious particles, known as prions, that cause transmissible spongiform encephalopathies. In carrying out the research program, the Agricultural Research Service shall specifically study the risks associated with feeding livestock by-products to other animals, such as chickens, turkeys, and hogs, which are subsequently slaughtered and the by-products of which are feed to livestock or whose offspring are slaughtered and the by-products of which are feed to livestock.", "id": "H3291E04270BF43EBB25CE6446C4485BD", "header": "Research program authorized", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Agriculture to carry out the research program $15,000,000 for fiscal year 2005, $20,000,000 for fiscal year 2006, and $25,000,000 for fiscal year 2007.", "id": "H80DE2C7E153241B7A46960FFF13B02F8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Agricultural research", "Animal diseases", "Animals", "Bovine spongiform encephalopathy", "Brain diseases", "Cattle", "Economics and Public Finance", "Federal aid to research", "Feeds", "Health", "Livestock", "Medical research", "Poultry", "Science, Technology, Communications", "Swine", "Veterinary medicine" ]

[ { "text": "1. Contributions to section 403( b ) pension plans allowed by state government employers \n(a) In general \nClause (ii) of section 403(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking , who performs services for an educational organization described in section 170(b)(1)(A)(ii),. (b) Effective Date \nThe amendment made by this section shall apply to years beginning after the date of the enactment of this Act.", "id": "H0526782801CB48FDBB759B25B331589C", "header": "Contributions to section 403(b) pension plans allowed by state government employers", "nested": [ { "text": "(a) In general \nClause (ii) of section 403(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking , who performs services for an educational organization described in section 170(b)(1)(A)(ii),.", "id": "HE40C93F5E4D74CC388FA18F961830000", "header": "In general", "nested": [], "links": [ { "text": "section 403(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/403" } ] }, { "text": "(b) Effective Date \nThe amendment made by this section shall apply to years beginning after the date of the enactment of this Act.", "id": "H08AEB27805B54AD9AB16F917BA1FE600", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "section 403(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/403" } ] } ]

[ "Annuities", "Civil service retirement", "Government Operations and Politics", "Income tax", "Labor and Employment", "Local employees", "State employees", "Tax-deferred compensation plans" ]

[ { "text": "1. Short title \nThis Act may be cited as the Civil Liberties Restoration Act of 2004.", "id": "H994718FD930344CDBFC4D54310BE2675", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Fighting terrorism is a priority for our Nation. (2) As Federal, State, and local law enforcement work tirelessly every day to prevent another terrorist attack, our Nation must continue to work to ensure that law enforcement have the legal tools and resources to do their job. (3) At the same time, steps that are taken to protect the United States from terrorism should not undermine constitutional rights and protections. (4) Some of the steps taken by the Administration since September 11, 2001, however, have undermined constitutional rights and protections. (5) Our nation must strive for both freedom and security. (6) This Act seeks to restore essential rights and protections without compromising our Nation’s safety.", "id": "HD798C5478338491E837582F5DA212BA5", "header": "Findings", "nested": [], "links": [] }, { "text": "101. Limitation on closed immigration hearings \n(a) In general \nSection 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Standards for closing removal hearings \n(1) In general \nSubject to paragraph (2), a removal proceeding held pursuant to this section shall be open to the public. (2) Exceptions \nPortions of a removal proceeding held pursuant to this section may be closed to the public by an immigration judge on a case by case basis, when necessary— (A) to preserve the confidentiality of applications for asylum, withholding of removal, relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Violence Against Women Act of 1994 ( Public Law 103–322 ; 108 Stat. 1902), or the Victims of Trafficking and Violence Prevention Act of 2000 ( Public Law 106–386 ; 114 Stat. 1464), or other applications for relief involving confidential personal information or where portions of the removal hearing involve minors or issues relating to domestic violence, all with the consent of the alien; (B) to prevent the disclosure of classified information that threatens the national security of the United States and the safety of the American people; or (C) to prevent the disclosure of the identity of a confidential informant. (3) Compelling government interest \nIn order for portions of removal proceedings to be closed to the public in accordance with this subsection, the government must show that such closing of the proceedings is necessitated by a compelling governmental interest and is narrowly tailored to serve that interest.. (b) Technical and conforming amendments \nSection 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (5)(C)(i), by striking subsection (e)(1) and inserting subsection (f)(1) ; and (2) in paragraph (7), by striking subsection (e)(1) and inserting subsection (f)(1).", "id": "H36AFEB55BA3A47E89864FA6C067B0068", "header": "Limitation on closed immigration hearings", "nested": [ { "text": "(a) In general \nSection 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: (e) Standards for closing removal hearings \n(1) In general \nSubject to paragraph (2), a removal proceeding held pursuant to this section shall be open to the public. (2) Exceptions \nPortions of a removal proceeding held pursuant to this section may be closed to the public by an immigration judge on a case by case basis, when necessary— (A) to preserve the confidentiality of applications for asylum, withholding of removal, relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Violence Against Women Act of 1994 ( Public Law 103–322 ; 108 Stat. 1902), or the Victims of Trafficking and Violence Prevention Act of 2000 ( Public Law 106–386 ; 114 Stat. 1464), or other applications for relief involving confidential personal information or where portions of the removal hearing involve minors or issues relating to domestic violence, all with the consent of the alien; (B) to prevent the disclosure of classified information that threatens the national security of the United States and the safety of the American people; or (C) to prevent the disclosure of the identity of a confidential informant. (3) Compelling government interest \nIn order for portions of removal proceedings to be closed to the public in accordance with this subsection, the government must show that such closing of the proceedings is necessitated by a compelling governmental interest and is narrowly tailored to serve that interest..", "id": "H29A7E7B71F134DA69D9F2DCFDF001000", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "Public Law 103–322", "legal-doc": "public-law", "parsable-cite": "pl/103/322" }, { "text": "Public Law 106–386", "legal-doc": "public-law", "parsable-cite": "pl/106/386" } ] }, { "text": "(b) Technical and conforming amendments \nSection 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (5)(C)(i), by striking subsection (e)(1) and inserting subsection (f)(1) ; and (2) in paragraph (7), by striking subsection (e)(1) and inserting subsection (f)(1).", "id": "H872C8C2BFE74444AB4910434091B1087", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1229a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] } ], "links": [ { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "Public Law 103–322", "legal-doc": "public-law", "parsable-cite": "pl/103/322" }, { "text": "Public Law 106–386", "legal-doc": "public-law", "parsable-cite": "pl/106/386" }, { "text": "8 U.S.C. 1229a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "201. Timely service of notice \n(a) In general \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Notice of charges \nThe Secretary of Homeland Security shall serve a notice to appear on every alien arrested or detained under this Act, except those certified under section 236A(a)(3), within 48 hours of the arrest or detention of such alien. Any alien, except those certified under section 236A(a)(3), held for more than 48 hours shall be brought before an immigration judge within 72 hours of the arrest or detention of such alien. The Secretary of Homeland Security shall— (1) document when a notice to appear is served on a detainee in order to determine compliance by the Department of Homeland Security with the 48-hour notice requirement; and (2) submit to the Committees on the Judiciary of the Senate and the House of Representatives an annual report concerning the Department of Homeland Security’s compliance with such notice requirement.. (b) Applicability of other law \nNothing in section 236(f) of the Immigration and Nationality Act, as added by subsection (a), shall be construed to repeal section 236A of such Act ( 8 U.S.C. 1226a ).", "id": "H3D8322AD2B8A4E1BA88F81B255A2E01", "header": "Timely service of notice", "nested": [ { "text": "(a) In general \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Notice of charges \nThe Secretary of Homeland Security shall serve a notice to appear on every alien arrested or detained under this Act, except those certified under section 236A(a)(3), within 48 hours of the arrest or detention of such alien. Any alien, except those certified under section 236A(a)(3), held for more than 48 hours shall be brought before an immigration judge within 72 hours of the arrest or detention of such alien. The Secretary of Homeland Security shall— (1) document when a notice to appear is served on a detainee in order to determine compliance by the Department of Homeland Security with the 48-hour notice requirement; and (2) submit to the Committees on the Judiciary of the Senate and the House of Representatives an annual report concerning the Department of Homeland Security’s compliance with such notice requirement..", "id": "HCA6D3EBD3D1C4E8DBE18916CE2DDDBCE", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "(b) Applicability of other law \nNothing in section 236(f) of the Immigration and Nationality Act, as added by subsection (a), shall be construed to repeal section 236A of such Act ( 8 U.S.C. 1226a ).", "id": "HD15268CF281E44DB8619EBE198B8E27", "header": "Applicability of other law", "nested": [], "links": [ { "text": "8 U.S.C. 1226a", "legal-doc": "usc", "parsable-cite": "usc/8/1226a" } ] } ], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" }, { "text": "8 U.S.C. 1226a", "legal-doc": "usc", "parsable-cite": "usc/8/1226a" } ] }, { "text": "202. Individualized bond determinations \n(a) In general \nSection 236(a) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a) ) is amended— (1) by striking On a warrant and inserting the following: (1) In general \nOn a warrant ; (2) by striking Except as provided and all that follows through the end and inserting the following: \"This subsection shall apply to all aliens detained pending a decision on their removal or admission, regardless of whether or not they have been admitted to the United States, including any alien found to have a credible fear of persecution under section 235(b)(1)(B) or any alien admitted or seeking admission under the visa waiver program pursuant to section 217. Except as provided in subsection (c) and pending such decision, the Secretary of Homeland Security shall— (A) make an individualized determination as to whether the alien should be released pending administrative and judicial review, to include a determination of whether the alien poses a danger to the safety of other persons or property and is likely to appear for future scheduled proceedings; and (B) grant the alien release pending administrative and judicial review under reasonable bond or other conditions, including conditional parole, that will reasonably assure the presence of the alien at all future proceedings, unless the Secretary of Homeland Security determines under subparagraph (A) that the alien poses a danger to the safety of other persons or property or is unlikely to appear for future proceedings. (2) Individualized determinations \nAn individualized determination made by the Secretary of Homeland Security pursuant to paragraph (1)(A) shall be reviewable at a hearing held before an immigration judge pursuant to section 240. An immigration judge who reviews an initial bond determination by the Secretary of Homeland Security, or who makes a bond determination prior to a decision by the Secretary of Homeland Security, shall apply the same standards set forth in subparagraphs (A) and (B) of paragraph (1).. (b) Revocation of bond or parole \nSection 236(b) of the Immigration and Nationality Act ( 8 U.S.C. 1226(b) ) is amended by striking The Attorney General and all that follows through the period and inserting the following: The bond or parole determination made pursuant to subsection (a)(1)(B) may be revoked or modified only by an immigration judge in proceedings held pursuant to section 240, and only if the party seeking to revoke or modify the bond or parole determination can establish a change in circumstances. The administrative decision finding the alien removable does not, in and of itself, constitute a change in circumstances. At such a hearing, if changed circumstances are established, the immigration judge shall make a new individualized determination in the manner described in subsection (a).. (c) Technical and conforming amendments \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) in subsection (e), by striking Attorney General’s and inserting Secretary of Homeland Security’s.", "id": "HE6E8129C3A2E4D0D9CE6A4D7397D19B", "header": "Individualized bond determinations", "nested": [ { "text": "(a) In general \nSection 236(a) of the Immigration and Nationality Act ( 8 U.S.C. 1226(a) ) is amended— (1) by striking On a warrant and inserting the following: (1) In general \nOn a warrant ; (2) by striking Except as provided and all that follows through the end and inserting the following: \"This subsection shall apply to all aliens detained pending a decision on their removal or admission, regardless of whether or not they have been admitted to the United States, including any alien found to have a credible fear of persecution under section 235(b)(1)(B) or any alien admitted or seeking admission under the visa waiver program pursuant to section 217. Except as provided in subsection (c) and pending such decision, the Secretary of Homeland Security shall— (A) make an individualized determination as to whether the alien should be released pending administrative and judicial review, to include a determination of whether the alien poses a danger to the safety of other persons or property and is likely to appear for future scheduled proceedings; and (B) grant the alien release pending administrative and judicial review under reasonable bond or other conditions, including conditional parole, that will reasonably assure the presence of the alien at all future proceedings, unless the Secretary of Homeland Security determines under subparagraph (A) that the alien poses a danger to the safety of other persons or property or is unlikely to appear for future proceedings. (2) Individualized determinations \nAn individualized determination made by the Secretary of Homeland Security pursuant to paragraph (1)(A) shall be reviewable at a hearing held before an immigration judge pursuant to section 240. An immigration judge who reviews an initial bond determination by the Secretary of Homeland Security, or who makes a bond determination prior to a decision by the Secretary of Homeland Security, shall apply the same standards set forth in subparagraphs (A) and (B) of paragraph (1)..", "id": "H8ABFE78F09DD416BA7C24D45F4E14922", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1226(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "(b) Revocation of bond or parole \nSection 236(b) of the Immigration and Nationality Act ( 8 U.S.C. 1226(b) ) is amended by striking The Attorney General and all that follows through the period and inserting the following: The bond or parole determination made pursuant to subsection (a)(1)(B) may be revoked or modified only by an immigration judge in proceedings held pursuant to section 240, and only if the party seeking to revoke or modify the bond or parole determination can establish a change in circumstances. The administrative decision finding the alien removable does not, in and of itself, constitute a change in circumstances. At such a hearing, if changed circumstances are established, the immigration judge shall make a new individualized determination in the manner described in subsection (a)..", "id": "H71C19830C4CB40498BCF568918A9CAF8", "header": "Revocation of bond or parole", "nested": [], "links": [ { "text": "8 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "(c) Technical and conforming amendments \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended— (1) by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and (2) in subsection (e), by striking Attorney General’s and inserting Secretary of Homeland Security’s.", "id": "H1A7CF512848F4D37A5F85699E007C300", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] } ], "links": [ { "text": "8 U.S.C. 1226(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1226" }, { "text": "8 U.S.C. 1226(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1226" }, { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "203. Limitation on stay of a bond \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by section 201, is further amended by adding at the end the following: (g) Stay of a bond determination \nAn order issued by an immigration judge to release an alien may be stayed by the Board of Immigration Review, for not more than 30 days, only if the Government demonstrates— (1) the likelihood of success on the merits; (2) irreparable harm to the Government if a stay is not granted; (3) that the potential harm to the Government outweighs potential harm to alien; and (4) that the grant of a stay is in the interest of the public..", "id": "H9AF5C31433F546DFBD80A49245FD28C7", "header": "Limitation on stay of a bond", "nested": [], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "204. Immigration review commission \n(a) Establishment of commission \n(1) In general \nThere is established within the Department of Justice an independent regulatory agency to be known as the Immigration Review Commission (referred to in this section as the Commission ). The Executive Office of Immigration Review is hereby abolished and replaced with such Commission. (2) Transfer of authority \nThe Commission shall perform all administrative, appellate, and adjudicatory functions that were, prior to the date of enactment of this Act, the functions of the Executive Office of Immigration Review or were performed by any officer or employee of the Executive Office of Immigration Review in the capacity of such officer or employee. Such functions shall not include the policy-making, policy-implementation, investigatory, or prosecutorial functions of the Department of Homeland Security. (3) Organization \nThe Commission shall consist of: (A) The Office of the Director. (B) The Board of Immigration Review. (C) The Office of the Chief Immigration Judge. (D) The Office of the Chief Administrative Hearing Officer. (b) Office of the director \n(1) Appointment \nThere shall be as the head of the Commission, a Director who shall be appointed by the President with the advice and consent of the Senate. (2) Transfer of offices \nThe following officers shall be transferred from the Executive Office for Immigration Review to the Office of the Director for the Commission: (A) Deputy Director. (B) General Counsel. (C) Pro Bono Coordinator. (D) Public Affairs. (E) Assistant Director of Management Programs. (F) Equal Employment Opportunity. (3) Responsibilities \n(A) The Director shall oversee the administration of the Commission, and the creation of rules and regulations affecting the administration of the courts. (B) The Director shall appoint a Deputy Director to assist with the duties of the Director and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed. (c) Board of immigration review \n(1) In general \nThe Board of Immigration Review (referred to in this section as the Board ) shall perform the appellate functions of the Commission. (2) Appointment \nThe Board shall be composed of a Chairperson and not less than 14 other immigration appeals judges, appointed by the President, in consultation with the Director. The term of office of each member of the Board shall be 6 years. (3) Current members \nEach individual who is serving as a member of the Board on the date of enactment of this Act shall be appointed to the Board utilizing a system of staggered terms of appointment based on seniority. (4) Members \nThe Chairperson and each other member of the Board shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (5) Chairperson duties \nThe Chairperson shall— (A) be responsible, on behalf of the Board, for the administrative operations of the Board and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed for that purpose; (B) direct, supervise, and establish internal operating procedures and policies of the Board; and (C) designate a member of the Board to act as Chairperson in the Chairperson’s absence or unavailability. (6) Board members duties \nIn deciding the cases before the Board, the Board shall exercise its independent judgment and discretion and may take any action, consistent with its authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (7) Jurisdiction \nThe Board shall have— (A) such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Board of Immigration Appeals; (B) de novo review of any decision by an immigration judge, and any final order of removal; and (C) retention of jurisdiction over any case of an alien removed by the United States if the alien’s case was pending for consideration before the Board prior to removal of the alien. (8) Acting in panels \n(A) In general \nAll cases shall be subject to review by a 3 member panel. The Chairperson shall divide the Board into 3 member panels and designate a presiding member of each panel such that— (i) a majority of the number of Board members authorized to constitute a panel shall constitute a quorum for such panel; and (ii) each panel may exercise the appropriate authority of the Board that is necessary for the adjudication of cases before it. (B) Final decision \nA final decision of a panel shall be considered to be a final decision of the Board. (9) En banc process \n(A) In general \nThe Board may on its own motion, by a majority vote of the Board members, or by direction of the Chairperson, consider any case as the full Board en banc, or reconsider as the full Board en banc any case that has been considered or decided by a 3-member panel or by a limited en banc panel. (B) Quorum \nA majority of the Board members shall constitute a quorum of the Board sitting en banc. (10) Decisions of the board \n(A) In general \nThe decisions of the Board shall constitute final agency action. The precedent decisions of the Board shall be binding on the Department of Homeland Security and the immigration judges. (B) Affirmance without opinion \nUpon individualized review of a case, the Board may affirm the decision of an immigration judge without opinion only if the decision of the immigration judge resolved all issues in the case. An affirmance without opinion signifies the Board’s adoption of the immigration judge’s findings and conclusion in total. (C) Notice of appeal \nThe decision by the Board shall include notice to the alien of the alien’s right to file a petition for review in the court of appeals within 30 days of the date of the decision. (d) Office of the chief immigration judge \n(1) Establishment of office \nThere is established within the Commission an Office of the Chief Immigration Judge to oversee all the immigration courts and their proceedings throughout the United States. The head of the office shall be the Chief Immigration Judge who shall be appointed by the Director. (2) Duties of the chief immigration judge \nThe Chief Immigration Judge shall be responsible for the general supervision, direction, and procurement of resources and facilities, and for the coordination of the schedules of immigration judges to enable the judges to conduct the various programs assigned to them. The Chief Immigration Judge may be assisted by a Deputy Chief Immigration Judge and Assistant Chief Immigration Judge. (3) Appointment of immigration judges \n(A) In general \nImmigration judges shall be appointed by the Director, in consultation with the Chief Immigration Judge and the Chair of the Board of Immigration Review. The term of each immigration judge shall be 12 years. (B) Qualifications \nEach immigration judge, including the Chief Immigration Judge, shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (C) Current members \nEach individual who is serving as an immigration judge on the date of enactment of this Act shall be appointed as an immigration judge utilizing a system of staggered terms of appointment based on seniority. (4) Duties of immigration judges \nIn deciding the cases before them, immigration judges shall exercise their independent judgment and discretion and may take any action, consistent with their authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (5) Jurisdiction and authority of immigration courts \nThe Immigration Courts shall have such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Immigration Courts within the Executive Office for Immigration Review. (6) Contempt authority \nThe contempt authority provided to immigration judges under section 240(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(1) ) shall— (A) be implemented by regulation not later than 120 days after the date of enactment of this Act; (B) provide that any contempt sanctions, including any civil money penalty, shall be applicable to all parties appearing before the immigration judge and shall be imposed by a single process applicable to all parties. (e) Office of the chief administrative hearing officer \n(1) In general \nThe Office of the Chief Administrative Hearing Officer shall be headed by a Chief Administrative Hearing Officer who shall be appointed by the Director. (2) Duties and responsibilities \nThe duties and responsibilities of the current Office of the Chief Administrative Hearing Officer shall be transferred to the Commission. (f) Removal and review of judges \n(1) In general \nImmigration judges and members of the Board of Immigration Review may be removed from office only for good cause— (A) by the Director, in consultation with the Chair of the Board, in the case of the removal of a member of the Board; or (B) by the Director, in consultation with the Chief Immigration Judge, in the case of the removal of an immigration judge. (2) Independent judgment \nNo immigration judge or member of the Board shall be removed or otherwise subject to disciplinary or adverse action for their exercise of independent judgment and discretion as prescribed by subsections (c)(6) and (d)(4). (g) Regulations \nNot later than 180 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.", "id": "HA890FAE97A6448929D1183414791B5D7", "header": "Immigration review commission", "nested": [ { "text": "(a) Establishment of commission \n(1) In general \nThere is established within the Department of Justice an independent regulatory agency to be known as the Immigration Review Commission (referred to in this section as the Commission ). The Executive Office of Immigration Review is hereby abolished and replaced with such Commission. (2) Transfer of authority \nThe Commission shall perform all administrative, appellate, and adjudicatory functions that were, prior to the date of enactment of this Act, the functions of the Executive Office of Immigration Review or were performed by any officer or employee of the Executive Office of Immigration Review in the capacity of such officer or employee. Such functions shall not include the policy-making, policy-implementation, investigatory, or prosecutorial functions of the Department of Homeland Security. (3) Organization \nThe Commission shall consist of: (A) The Office of the Director. (B) The Board of Immigration Review. (C) The Office of the Chief Immigration Judge. (D) The Office of the Chief Administrative Hearing Officer.", "id": "H741B4B791B834FC1A1C6473622D4415C", "header": "Establishment of commission", "nested": [], "links": [] }, { "text": "(b) Office of the director \n(1) Appointment \nThere shall be as the head of the Commission, a Director who shall be appointed by the President with the advice and consent of the Senate. (2) Transfer of offices \nThe following officers shall be transferred from the Executive Office for Immigration Review to the Office of the Director for the Commission: (A) Deputy Director. (B) General Counsel. (C) Pro Bono Coordinator. (D) Public Affairs. (E) Assistant Director of Management Programs. (F) Equal Employment Opportunity. (3) Responsibilities \n(A) The Director shall oversee the administration of the Commission, and the creation of rules and regulations affecting the administration of the courts. (B) The Director shall appoint a Deputy Director to assist with the duties of the Director and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed.", "id": "H1AD77C4D38B94E19BC318C6DF71769FF", "header": "Office of the director", "nested": [], "links": [] }, { "text": "(c) Board of immigration review \n(1) In general \nThe Board of Immigration Review (referred to in this section as the Board ) shall perform the appellate functions of the Commission. (2) Appointment \nThe Board shall be composed of a Chairperson and not less than 14 other immigration appeals judges, appointed by the President, in consultation with the Director. The term of office of each member of the Board shall be 6 years. (3) Current members \nEach individual who is serving as a member of the Board on the date of enactment of this Act shall be appointed to the Board utilizing a system of staggered terms of appointment based on seniority. (4) Members \nThe Chairperson and each other member of the Board shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (5) Chairperson duties \nThe Chairperson shall— (A) be responsible, on behalf of the Board, for the administrative operations of the Board and shall have the power to appoint such administrative assistants, attorneys, clerks, and other personnel as may be needed for that purpose; (B) direct, supervise, and establish internal operating procedures and policies of the Board; and (C) designate a member of the Board to act as Chairperson in the Chairperson’s absence or unavailability. (6) Board members duties \nIn deciding the cases before the Board, the Board shall exercise its independent judgment and discretion and may take any action, consistent with its authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (7) Jurisdiction \nThe Board shall have— (A) such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Board of Immigration Appeals; (B) de novo review of any decision by an immigration judge, and any final order of removal; and (C) retention of jurisdiction over any case of an alien removed by the United States if the alien’s case was pending for consideration before the Board prior to removal of the alien. (8) Acting in panels \n(A) In general \nAll cases shall be subject to review by a 3 member panel. The Chairperson shall divide the Board into 3 member panels and designate a presiding member of each panel such that— (i) a majority of the number of Board members authorized to constitute a panel shall constitute a quorum for such panel; and (ii) each panel may exercise the appropriate authority of the Board that is necessary for the adjudication of cases before it. (B) Final decision \nA final decision of a panel shall be considered to be a final decision of the Board. (9) En banc process \n(A) In general \nThe Board may on its own motion, by a majority vote of the Board members, or by direction of the Chairperson, consider any case as the full Board en banc, or reconsider as the full Board en banc any case that has been considered or decided by a 3-member panel or by a limited en banc panel. (B) Quorum \nA majority of the Board members shall constitute a quorum of the Board sitting en banc. (10) Decisions of the board \n(A) In general \nThe decisions of the Board shall constitute final agency action. The precedent decisions of the Board shall be binding on the Department of Homeland Security and the immigration judges. (B) Affirmance without opinion \nUpon individualized review of a case, the Board may affirm the decision of an immigration judge without opinion only if the decision of the immigration judge resolved all issues in the case. An affirmance without opinion signifies the Board’s adoption of the immigration judge’s findings and conclusion in total. (C) Notice of appeal \nThe decision by the Board shall include notice to the alien of the alien’s right to file a petition for review in the court of appeals within 30 days of the date of the decision.", "id": "HADBB680C08204F2DA896F4B9DD1BDCD0", "header": "Board of immigration review", "nested": [], "links": [] }, { "text": "(d) Office of the chief immigration judge \n(1) Establishment of office \nThere is established within the Commission an Office of the Chief Immigration Judge to oversee all the immigration courts and their proceedings throughout the United States. The head of the office shall be the Chief Immigration Judge who shall be appointed by the Director. (2) Duties of the chief immigration judge \nThe Chief Immigration Judge shall be responsible for the general supervision, direction, and procurement of resources and facilities, and for the coordination of the schedules of immigration judges to enable the judges to conduct the various programs assigned to them. The Chief Immigration Judge may be assisted by a Deputy Chief Immigration Judge and Assistant Chief Immigration Judge. (3) Appointment of immigration judges \n(A) In general \nImmigration judges shall be appointed by the Director, in consultation with the Chief Immigration Judge and the Chair of the Board of Immigration Review. The term of each immigration judge shall be 12 years. (B) Qualifications \nEach immigration judge, including the Chief Immigration Judge, shall be an attorney in good standing of a bar of a State or the District of Columbia and shall have at least 7 years of professional, legal expertise in immigration and nationality law. (C) Current members \nEach individual who is serving as an immigration judge on the date of enactment of this Act shall be appointed as an immigration judge utilizing a system of staggered terms of appointment based on seniority. (4) Duties of immigration judges \nIn deciding the cases before them, immigration judges shall exercise their independent judgment and discretion and may take any action, consistent with their authorities under this section and regulations established in accordance with this section, that is appropriate and necessary for the disposition of such cases. (5) Jurisdiction and authority of immigration courts \nThe Immigration Courts shall have such jurisdiction as was, prior to the date of enactment of this Act, provided by statute or regulation to the Immigration Courts within the Executive Office for Immigration Review. (6) Contempt authority \nThe contempt authority provided to immigration judges under section 240(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(1) ) shall— (A) be implemented by regulation not later than 120 days after the date of enactment of this Act; (B) provide that any contempt sanctions, including any civil money penalty, shall be applicable to all parties appearing before the immigration judge and shall be imposed by a single process applicable to all parties.", "id": "H760735B9D32D47B9844EC24372619109", "header": "Office of the chief immigration judge", "nested": [], "links": [ { "text": "8 U.S.C. 1229a(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "(e) Office of the chief administrative hearing officer \n(1) In general \nThe Office of the Chief Administrative Hearing Officer shall be headed by a Chief Administrative Hearing Officer who shall be appointed by the Director. (2) Duties and responsibilities \nThe duties and responsibilities of the current Office of the Chief Administrative Hearing Officer shall be transferred to the Commission.", "id": "HFFB4D3DAD97E4C808DCBC6208BA11433", "header": "Office of the chief administrative hearing officer", "nested": [], "links": [] }, { "text": "(f) Removal and review of judges \n(1) In general \nImmigration judges and members of the Board of Immigration Review may be removed from office only for good cause— (A) by the Director, in consultation with the Chair of the Board, in the case of the removal of a member of the Board; or (B) by the Director, in consultation with the Chief Immigration Judge, in the case of the removal of an immigration judge. (2) Independent judgment \nNo immigration judge or member of the Board shall be removed or otherwise subject to disciplinary or adverse action for their exercise of independent judgment and discretion as prescribed by subsections (c)(6) and (d)(4).", "id": "HECCB7569639043419E218F34AF2F8CA7", "header": "Removal and review of judges", "nested": [], "links": [] }, { "text": "(g) Regulations \nNot later than 180 days after the date of enactment of this Act, the Director shall issue regulations to implement this section.", "id": "HD108DC1FBBEA476584B260532476003B", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1229a(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "301. Termination of the nseers program; establishment of reasonable penalties for failure to register \n(a) Termination of NSEERS \n(1) In general \nThe National Security Entry-Exit Registration System (NSEERS) program administered by the Secretary of Homeland Security is hereby terminated. (2) Integrated entry and exit data system \nNothing in this section shall amend the Integrated Entry and Exit Data System established in accordance with section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ). (3) Administrative closure of removal proceedings \n(A) In general \nAll removal proceedings initiated against any alien as a result of the NSEERS program shall be administratively closed. This paragraph shall apply to all aliens who were— (i) placed in removal proceedings solely for failure to comply with the requirements of the NSEERS program; or (ii) placed in removal proceedings while complying with the requirements of the NSEERS program and— (I) had a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available; (II) did not have a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available but were eligible for an immigration benefit; or (III) were eligible to apply for other forms of relief from removal. (B) Exceptions \nThis paragraph shall not apply in cases in which the aliens are removable under— (i) section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ); or (ii) paragraph (2) or (4) of section 237(a) of that Act ( 8 U.S.C. 1227(a)(2) or (4)). (4) Motions to reopen \nNotwithstanding any limitations imposed by law on motions to reopen removal proceedings, any alien who received a final order of removal as a result of the NSEERS program shall be eligible to file a motion to reopen the removal proceeding and apply for any relief from removal that such alien may be eligible to receive.", "id": "H99150BDC49BB45A49FA34C491DDC889B", "header": "Termination of the nseers program; establishment of reasonable penalties for failure to register", "nested": [ { "text": "(a) Termination of NSEERS \n(1) In general \nThe National Security Entry-Exit Registration System (NSEERS) program administered by the Secretary of Homeland Security is hereby terminated. (2) Integrated entry and exit data system \nNothing in this section shall amend the Integrated Entry and Exit Data System established in accordance with section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ). (3) Administrative closure of removal proceedings \n(A) In general \nAll removal proceedings initiated against any alien as a result of the NSEERS program shall be administratively closed. This paragraph shall apply to all aliens who were— (i) placed in removal proceedings solely for failure to comply with the requirements of the NSEERS program; or (ii) placed in removal proceedings while complying with the requirements of the NSEERS program and— (I) had a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available; (II) did not have a pending application before the Department of Labor or the Department of Homeland Security for which there is a visa available but were eligible for an immigration benefit; or (III) were eligible to apply for other forms of relief from removal. (B) Exceptions \nThis paragraph shall not apply in cases in which the aliens are removable under— (i) section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ); or (ii) paragraph (2) or (4) of section 237(a) of that Act ( 8 U.S.C. 1227(a)(2) or (4)). (4) Motions to reopen \nNotwithstanding any limitations imposed by law on motions to reopen removal proceedings, any alien who received a final order of removal as a result of the NSEERS program shall be eligible to file a motion to reopen the removal proceeding and apply for any relief from removal that such alien may be eligible to receive.", "id": "H8C2B4D13873D49BA973726C9FCAE6D", "header": "Termination of NSEERS", "nested": [], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1182(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] } ], "links": [ { "text": "8 U.S.C. 1365a", "legal-doc": "usc", "parsable-cite": "usc/8/1365a" }, { "text": "8 U.S.C. 1182(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] }, { "text": "302. Exercise of prosecutorial discretion \n(a) Sense of congress regarding prosecutorial discretion \n(1) Findings \nCongress finds the following: (A) Exercising prosecutorial discretion is not an invitation to violate or ignore the law, rather it is a means by which the resources of the Secretary of Homeland Security may be used to best accomplish the mission of the Department of Homeland Security in administering and enforcing the immigration laws of the United States. (B) Although a favorable exercise of discretion by any office within the Department of Homeland Security should be respected by other offices of such Department, unless the facts and circumstances in a specific case have changed, the exercise of prosecutorial discretion does not grant lawful status under the immigration laws, and there is no legally enforceable right to the exercise of prosecutorial discretion. (2) Sense of congress \nIt is the sense of Congress that the exercise of prosecutorial discretion does not lessen the commitment of the Secretary of Homeland Security to enforce the immigration laws to the best of the Secretary’s ability. (b) Prosecutorial discretion \nThe Secretary of Homeland Security shall exercise prosecutorial discretion in deciding whether to exercise its enforcement powers against an alien. This discretion includes— (1) focusing investigative resources on particular offenses or conduct; (2) deciding whom to stop, question, and arrest; (3) deciding whether to detain certain aliens who are in custody; (4) settling or dismissing a removal proceeding; (5) granting deferred action or staying a final removal order; (6) agreeing to voluntary departure, permitting withdrawal of an application for admission, or taking other action in lieu of removing an alien; (7) pursuing an appeal; or (8) executing a removal order. (c) Factors for consideration \nThe factors that shall be taken into account in deciding whether to exercise prosecutorial discretion favorably toward an alien include— (1) the immigration status of the alien; (2) the length of residence in the United States of the alien; (3) the criminal history of the alien; (4) humanitarian concerns; (5) the immigration history of the alien; (6) the likelihood of ultimately removing the alien; (7) the likelihood of achieving the enforcement goal by other means; (8) whether the alien is eligible or is likely to become eligible for other relief; (9) the effect of such action on the future admissibility of the alien; (10) current or past cooperation by the alien with law enforcement authorities; (11) honorable service by the alien in the United States military; (12) community attention; and (13) resources available to the Department of Homeland Security.", "id": "H5F1BDA0D5C1A45A0BF006FE030A2BBE5", "header": "Exercise of prosecutorial discretion", "nested": [ { "text": "(a) Sense of congress regarding prosecutorial discretion \n(1) Findings \nCongress finds the following: (A) Exercising prosecutorial discretion is not an invitation to violate or ignore the law, rather it is a means by which the resources of the Secretary of Homeland Security may be used to best accomplish the mission of the Department of Homeland Security in administering and enforcing the immigration laws of the United States. (B) Although a favorable exercise of discretion by any office within the Department of Homeland Security should be respected by other offices of such Department, unless the facts and circumstances in a specific case have changed, the exercise of prosecutorial discretion does not grant lawful status under the immigration laws, and there is no legally enforceable right to the exercise of prosecutorial discretion. (2) Sense of congress \nIt is the sense of Congress that the exercise of prosecutorial discretion does not lessen the commitment of the Secretary of Homeland Security to enforce the immigration laws to the best of the Secretary’s ability.", "id": "H339A915FE27D4389B121D9D3A3F3A656", "header": "Sense of congress regarding prosecutorial discretion", "nested": [], "links": [] }, { "text": "(b) Prosecutorial discretion \nThe Secretary of Homeland Security shall exercise prosecutorial discretion in deciding whether to exercise its enforcement powers against an alien. This discretion includes— (1) focusing investigative resources on particular offenses or conduct; (2) deciding whom to stop, question, and arrest; (3) deciding whether to detain certain aliens who are in custody; (4) settling or dismissing a removal proceeding; (5) granting deferred action or staying a final removal order; (6) agreeing to voluntary departure, permitting withdrawal of an application for admission, or taking other action in lieu of removing an alien; (7) pursuing an appeal; or (8) executing a removal order.", "id": "H46D1208984C24D2200BD8F04DBFDAF1D", "header": "Prosecutorial discretion", "nested": [], "links": [] }, { "text": "(c) Factors for consideration \nThe factors that shall be taken into account in deciding whether to exercise prosecutorial discretion favorably toward an alien include— (1) the immigration status of the alien; (2) the length of residence in the United States of the alien; (3) the criminal history of the alien; (4) humanitarian concerns; (5) the immigration history of the alien; (6) the likelihood of ultimately removing the alien; (7) the likelihood of achieving the enforcement goal by other means; (8) whether the alien is eligible or is likely to become eligible for other relief; (9) the effect of such action on the future admissibility of the alien; (10) current or past cooperation by the alien with law enforcement authorities; (11) honorable service by the alien in the United States military; (12) community attention; and (13) resources available to the Department of Homeland Security.", "id": "H9D691924158E4DB6A4777625DA933500", "header": "Factors for consideration", "nested": [], "links": [] } ], "links": [] }, { "text": "303. Civil penalties for technical violations of registration requirements \n(a) Registration penalties \nSection 266(a) of the Immigration and Nationality Act ( 8 U.S.C. 1306(a) ) is amended by striking Any alien and all that follows through the period and inserting the following: \"(1) A civil penalty shall be imposed, in accordance with paragraph (2), on any alien who is required to apply for registration and be fingerprinted under section 262 or 263, who willfully fails or refuses to make such application or be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien as required by such section. (2) The Secretary of Homeland Security may levy a civil monetary penalty of up to— (A) $100 for a first violation of section 262 or 263; (B) $500 for a second violation of section 262 or 263; and (C) $1,000 for each subsequent violation of section 262 or 263 after the second violation.. (b) Other penalties \nSection 266(b) of the Immigration and Nationality Act ( 8 U.S.C. 1306(b) ) is amended to read as follows: (b) (1) A penalty shall be imposed, in accordance with paragraph (2), on any alien or the parent or legal guardian in the United States of any alien who fails to submit written notice to the Secretary of Homeland Security as required by section 265. No penalty shall be imposed with respect to a failure to submit such notice if the alien establishes that such failure was reasonably excusable or was not willful. (2) Except as provided in paragraphs (4) and (5), the Secretary of Homeland Security shall levy a civil monetary penalty of— (A) up to $100 against an alien who fails to submit written notice in compliance with section 265; (B) up to $500 against an alien for a second violation of section 265; and (C) up to $1,000 for each subsequent violation of section 265 after the second violation. (3) Notwithstanding any other provision of this Act, no change of immigration status shall result from failure to submit written notice as required by section 265. (4) During the transition period, a failure to comply with section 265 shall not result in a penalty or a change in immigration status. At the conclusion of the transition period, the Secretary of Homeland Security shall collect and maintain statistics concerning all enforcement actions related to this subsection. (5) The penalties imposed under this subsection shall not apply to an alien who previously failed to submit a change of address prior to the date of enactment of the Civil Liberties Restoration Act of 2004 or the end of the transition period if the alien submits a change of address within 6 months after the end of the transition period. A penalty shall be imposed, in accordance with paragraph (2), on any alien who fails to submit a change of address within the 6-month period following the transition period. (6) In this subsection, the term transition period means the period beginning on the date of enactment of the Civil Liberties Restoration Act of 2004 and ending 1 year after the date of enactment of such Act, at which time the Secretary of Homeland Security shall implement a system to record and preserve on a timely basis addresses provided under section 265..", "id": "H60B7E2D8E9DE41018DFBFFA151CC585", "header": "Civil penalties for technical violations of registration requirements", "nested": [ { "text": "(a) Registration penalties \nSection 266(a) of the Immigration and Nationality Act ( 8 U.S.C. 1306(a) ) is amended by striking Any alien and all that follows through the period and inserting the following: \"(1) A civil penalty shall be imposed, in accordance with paragraph (2), on any alien who is required to apply for registration and be fingerprinted under section 262 or 263, who willfully fails or refuses to make such application or be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien as required by such section. (2) The Secretary of Homeland Security may levy a civil monetary penalty of up to— (A) $100 for a first violation of section 262 or 263; (B) $500 for a second violation of section 262 or 263; and (C) $1,000 for each subsequent violation of section 262 or 263 after the second violation..", "id": "H87DA861432264A7F95AEFED64F96794D", "header": "Registration penalties", "nested": [], "links": [ { "text": "8 U.S.C. 1306(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1306" } ] }, { "text": "(b) Other penalties \nSection 266(b) of the Immigration and Nationality Act ( 8 U.S.C. 1306(b) ) is amended to read as follows: (b) (1) A penalty shall be imposed, in accordance with paragraph (2), on any alien or the parent or legal guardian in the United States of any alien who fails to submit written notice to the Secretary of Homeland Security as required by section 265. No penalty shall be imposed with respect to a failure to submit such notice if the alien establishes that such failure was reasonably excusable or was not willful. (2) Except as provided in paragraphs (4) and (5), the Secretary of Homeland Security shall levy a civil monetary penalty of— (A) up to $100 against an alien who fails to submit written notice in compliance with section 265; (B) up to $500 against an alien for a second violation of section 265; and (C) up to $1,000 for each subsequent violation of section 265 after the second violation. (3) Notwithstanding any other provision of this Act, no change of immigration status shall result from failure to submit written notice as required by section 265. (4) During the transition period, a failure to comply with section 265 shall not result in a penalty or a change in immigration status. At the conclusion of the transition period, the Secretary of Homeland Security shall collect and maintain statistics concerning all enforcement actions related to this subsection. (5) The penalties imposed under this subsection shall not apply to an alien who previously failed to submit a change of address prior to the date of enactment of the Civil Liberties Restoration Act of 2004 or the end of the transition period if the alien submits a change of address within 6 months after the end of the transition period. A penalty shall be imposed, in accordance with paragraph (2), on any alien who fails to submit a change of address within the 6-month period following the transition period. (6) In this subsection, the term transition period means the period beginning on the date of enactment of the Civil Liberties Restoration Act of 2004 and ending 1 year after the date of enactment of such Act, at which time the Secretary of Homeland Security shall implement a system to record and preserve on a timely basis addresses provided under section 265..", "id": "H490DAD8246AD4C81AB7F00F9E9380036", "header": "Other penalties", "nested": [], "links": [ { "text": "8 U.S.C. 1306(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1306" } ] } ], "links": [ { "text": "8 U.S.C. 1306(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1306" }, { "text": "8 U.S.C. 1306(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1306" } ] }, { "text": "304. Ncic compliance with the privacy act \nData entered into the National Crime Information Center database must meet the accuracy requirements of section 552a of title 5, United States Code (commonly referred to as the Privacy Act ).", "id": "HAF6E0F4178AC43F3BDF124F0A83EF3E5", "header": "Ncic compliance with the privacy act", "nested": [], "links": [ { "text": "section 552a", "legal-doc": "usc", "parsable-cite": "usc/5/552a" } ] }, { "text": "401. Modification of authorities on review of motions to discover materials under foreign intelligence surveillance act of 1978 \n(a) Electronic surveillance \nSection 106(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806(f) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the surveillance unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.. (b) Physical searches \nSection 305(g) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1825(g) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person, the counsel of the aggrieved person, or both a summary of such materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.. (c) Pen registers and trap and trace devices \nSection 405(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(f) ) is amended by striking paragraph (2) and inserting the following: (2) Unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or evidence or information obtained or derived from the use of a pen register or trap and trace device, as the case may be.. (d) Disclosure of certain business records \n(1) Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— (A) by redesignating section 502 as section 503; and (B) by inserting after section 501 the following new section: 502. Disclosure of certain business records and items governed by the classified information procedures act \nAny disclosure of applications, information, or items submitted or acquired pursuant to an order issued under section 501, if such information is otherwise discoverable, shall be conducted under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.).. (2) The table of sections for that Act is amended— (A) by redesignating the item relating to section 502 as an item relating to section 503; and (B) inserting after the item relating to section 501 the following new item: 502. Disclosure of certain business records and items governed by the Classified Information Procedures Act.", "id": "H5D53315F01E04F1F911BDFD8FA6264A5", "header": "Modification of authorities on review of motions to discover materials under foreign intelligence surveillance act of 1978", "nested": [ { "text": "(a) Electronic surveillance \nSection 106(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806(f) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the surveillance unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case..", "id": "HC0D353F81A73456B9C6825660532CC7C", "header": "Electronic surveillance", "nested": [], "links": [ { "text": "50 U.S.C. 1806(f)", "legal-doc": "usc", "parsable-cite": "usc/50/1806" } ] }, { "text": "(b) Physical searches \nSection 305(g) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1825(g) ) is amended— (1) in the first sentence, by striking shall, and inserting may, ; and (2) by striking the last sentence and inserting the following new sentence: In making this determination, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person, the counsel of the aggrieved person, or both a summary of such materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case..", "id": "HE660C56351E647848EE097D2EE891C4C", "header": "Physical searches", "nested": [], "links": [ { "text": "50 U.S.C. 1825(g)", "legal-doc": "usc", "parsable-cite": "usc/50/1825" } ] }, { "text": "(c) Pen registers and trap and trace devices \nSection 405(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1845(f) ) is amended by striking paragraph (2) and inserting the following: (2) Unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose, if otherwise discoverable, to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or evidence or information obtained or derived from the use of a pen register or trap and trace device, as the case may be..", "id": "HFD0B87568E004CF2B0D8B864391654A7", "header": "Pen registers and trap and trace devices", "nested": [], "links": [ { "text": "50 U.S.C. 1845(f)", "legal-doc": "usc", "parsable-cite": "usc/50/1845" } ] }, { "text": "(d) Disclosure of certain business records \n(1) Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— (A) by redesignating section 502 as section 503; and (B) by inserting after section 501 the following new section: 502. Disclosure of certain business records and items governed by the classified information procedures act \nAny disclosure of applications, information, or items submitted or acquired pursuant to an order issued under section 501, if such information is otherwise discoverable, shall be conducted under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.).. (2) The table of sections for that Act is amended— (A) by redesignating the item relating to section 502 as an item relating to section 503; and (B) inserting after the item relating to section 501 the following new item: 502. Disclosure of certain business records and items governed by the Classified Information Procedures Act.", "id": "H9481134196A64D1FBAF7A0A8A44D41D", "header": "Disclosure of certain business records", "nested": [], "links": [ { "text": "50 U.S.C. 1861 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1861" } ] } ], "links": [ { "text": "50 U.S.C. 1806(f)", "legal-doc": "usc", "parsable-cite": "usc/50/1806" }, { "text": "50 U.S.C. 1825(g)", "legal-doc": "usc", "parsable-cite": "usc/50/1825" }, { "text": "50 U.S.C. 1845(f)", "legal-doc": "usc", "parsable-cite": "usc/50/1845" }, { "text": "50 U.S.C. 1861 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1861" } ] }, { "text": "502. Disclosure of certain business records and items governed by the classified information procedures act \nAny disclosure of applications, information, or items submitted or acquired pursuant to an order issued under section 501, if such information is otherwise discoverable, shall be conducted under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.).", "id": "H8696770E055046C8933E946F24326DB6", "header": "Disclosure of certain business records and items governed by the classified information procedures act", "nested": [], "links": [] }, { "text": "402. Data-mining report \n(a) Definitions \nIn this section: (1) Data-mining \nThe term data-mining means a query or search or other analysis of 1 or more electronic databases, where— (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B) the search does not use a specific individual’s personal identifiers to acquire information concerning that individual; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. (2) Database \nThe term database does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions. (b) Reports on data-mining activities \n(1) Requirement for report \nThe head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress on all such activities of the department or agency under the jurisdiction of that official. (2) Content of report \nA report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information: (A) A thorough description of the data-mining technology and the data that will be used. (B) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (C) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (D) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (E) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (F) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to— (i) protect the privacy and due process rights of individuals; and (ii) ensure that only accurate information is collected and used. (G) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (H) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (3) Time for report \nEach report required under paragraph (1) shall be— (A) submitted not later than 90 days after the date of enactment of this Act; and (B) updated once a year and include any new data-mining technologies.", "id": "H9F4BCA8D075C465EA14DE11B90E36490", "header": "Data-mining report", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Data-mining \nThe term data-mining means a query or search or other analysis of 1 or more electronic databases, where— (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement; (B) the search does not use a specific individual’s personal identifiers to acquire information concerning that individual; and (C) a department or agency of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist or other criminal activity. (2) Database \nThe term database does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.", "id": "HDDE4D704B28B4088AEA770B1C5E41D76", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Reports on data-mining activities \n(1) Requirement for report \nThe head of each department or agency of the Federal Government that is engaged in any activity to use or develop data-mining technology shall each submit a public report to Congress on all such activities of the department or agency under the jurisdiction of that official. (2) Content of report \nA report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information: (A) A thorough description of the data-mining technology and the data that will be used. (B) A thorough discussion of the plans for the use of such technology and the target dates for the deployment of the data-mining technology. (C) An assessment of the likely efficacy of the data-mining technology in providing accurate and valuable information consistent with the stated plans for the use of the technology. (D) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties. (E) A list and analysis of the laws and regulations that govern the information to be collected, reviewed, gathered, and analyzed with the data-mining technology and a description of any modifications of such laws that will be required to use the information in the manner proposed under such program. (F) A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to— (i) protect the privacy and due process rights of individuals; and (ii) ensure that only accurate information is collected and used. (G) A thorough discussion of the procedures allowing individuals whose personal information will be used in the data-mining technology to be informed of the use of their personal information and what procedures are in place to allow for individuals to opt out of the technology. If no such procedures are in place, a thorough explanation as to why not. (H) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. (3) Time for report \nEach report required under paragraph (1) shall be— (A) submitted not later than 90 days after the date of enactment of this Act; and (B) updated once a year and include any new data-mining technologies.", "id": "H39784F48D28C4082895E90F19D240731", "header": "Reports on data-mining activities", "nested": [], "links": [] } ], "links": [] }, { "text": "403. Privacy protections on government access to library, bookseller, and other personal records under foreign intelligence surveillance act of 1978 \n(a) Applications for orders \nSubsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.. (b) Orders \nSubsection (c)(1) of that section is amended by striking finds and all that follows and inserting \"finds that— (A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and (B) the application meets the other requirements of this section.. (c) Oversight of requests for production of records \nSection 502 of that Act ( 50 U.S.C. 1862 ) is amended— (1) in subsection (a), by striking the Permanent and all that follows through the Senate and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate ; and (2) in subsection (b), by striking On a semi-annual basis, and all that follows through a report setting forth and inserting The report of the Attorney General to the Committees on the Judiciary of the House of Representatives and the Senate under subsection (a) shall set forth.", "id": "H8842BD308949449CACC1868C00193C46", "header": "Privacy protections on government access to library, bookseller, and other personal records under foreign intelligence surveillance act of 1978", "nested": [ { "text": "(a) Applications for orders \nSubsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power..", "id": "H5291949FDC764B3D00B2FB1DB6C81E3F", "header": "Applications for orders", "nested": [], "links": [ { "text": "50 U.S.C. 1861", "legal-doc": "usc", "parsable-cite": "usc/50/1861" } ] }, { "text": "(b) Orders \nSubsection (c)(1) of that section is amended by striking finds and all that follows and inserting \"finds that— (A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and (B) the application meets the other requirements of this section..", "id": "HFA766BB5FD344D09A33031B21171B6F7", "header": "Orders", "nested": [], "links": [] }, { "text": "(c) Oversight of requests for production of records \nSection 502 of that Act ( 50 U.S.C. 1862 ) is amended— (1) in subsection (a), by striking the Permanent and all that follows through the Senate and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate ; and (2) in subsection (b), by striking On a semi-annual basis, and all that follows through a report setting forth and inserting The report of the Attorney General to the Committees on the Judiciary of the House of Representatives and the Senate under subsection (a) shall set forth.", "id": "H5217162983F740E4B070B25654FCFCF3", "header": "Oversight of requests for production of records", "nested": [], "links": [ { "text": "50 U.S.C. 1862", "legal-doc": "usc", "parsable-cite": "usc/50/1862" } ] } ], "links": [ { "text": "50 U.S.C. 1861", "legal-doc": "usc", "parsable-cite": "usc/50/1861" }, { "text": "50 U.S.C. 1862", "legal-doc": "usc", "parsable-cite": "usc/50/1862" } ] } ]

[ "Administrative law judges", "Administrative procedure", "Administrative remedies", "Aliens", "Armed Forces and National Security", "Arrest", "Arts, Culture, Religion", "Bail", "Business records", "Classified defense information", "Commerce", "Confidential communications", "Congress", "Congressional oversight", "Congressional reporting requirements", "Court records", "Crime and Law Enforcement", "Criminal aliens", "Criminal investigation", "Criminal justice information", "Data banks", "Department of Homeland Security", "Department of Justice", "Deportation", "Detention of persons", "Discovery (Law)", "Due process of law", "Electronic government information", "Electronic surveillance", "Evidence (Law)", "Executive reorganization", "Fines (Penalties)", "Fingerprints", "Foreign agents", "Government Operations and Politics", "Government paperwork", "Illegal aliens", "Immigration", "Informers", "Injunctions", "International Affairs", "Judicial review", "Law", "Libraries", "Military personnel", "Parole", "Presidential appointments", "Prosecution", "Right of privacy", "Science, Technology, Communications", "Searches and seizures", "Visas", "Warrants (Law)", "Wiretapping" ]

[ { "text": "1. Authorization and appropriation extensions \nThe Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ) is amended— (1) in the items in the table of contents relating to title VIII of Division II, by striking Canal National Heritage Corridor each place it appears and inserting National Heritage Canalway ; and (2) in Division II— (A) in each of sections 107, 208, 310, 408, 507, 607, 707, 811, 910, by striking September 30, 2012 and inserting September 30, 2027 ; (B) in each of sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 812(a), by striking a total of $10,000,000 and inserting a total of $20,000,000 ; (C) in section 909(c), by striking not more than $10,000,000 and inserting not more than $20,000,000 ; and (D) in title VIII, by striking Canal National Heritage Corridor each place it appears and inserting National Heritage Canalway.", "id": "H0509F5441884417FB7FF48317DB530C3", "header": "Authorization and appropriation extensions", "nested": [], "links": [ { "text": "Public Law 104–333", "legal-doc": "public-law", "parsable-cite": "pl/104/333" } ] } ]

[ "Agriculture and Food", "American Revolution", "Authorization", "Canals", "Civil War", "Coal", "Commemorations", "Commerce", "Congress", "Department of the Interior", "Economics and Public Finance", "Energy", "Georgia", "Government Operations and Politics", "Historic sites", "History", "Industrialization", "Iowa", "Iron and steel industry", "Massachusetts", "Military history", "New York State", "Ohio", "Pennsylvania", "South Carolina", "Sunset legislation", "Tennessee", "Textile industry", "Water Resources Development", "West Virginia" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "H0D5827B91A4D4212B702BAF7BB22AC1B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exclusion of certain amounts from consideration as income for purposes of veterans pension benefits \n(a) Exclusion \nSection 1503(a) of title 38, United States Code, is amended— (1) by striking and at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph (10): (10) payment of a monetary amount to a veteran from a State or municipality that is paid as a veterans’ benefit; and. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to determinations of income for calendar years beginning after the date of the enactment of this Act.", "id": "H7C3E9AB700964FACB8F1CD97532EE7D3", "header": "Exclusion of certain amounts from consideration as income for purposes of veterans pension benefits", "nested": [ { "text": "(a) Exclusion \nSection 1503(a) of title 38, United States Code, is amended— (1) by striking and at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph (10): (10) payment of a monetary amount to a veteran from a State or municipality that is paid as a veterans’ benefit; and.", "id": "H75D28C8F982349908369205B55D48F48", "header": "Exclusion", "nested": [], "links": [ { "text": "Section 1503(a)", "legal-doc": "usc", "parsable-cite": "usc/38/1503" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply with respect to determinations of income for calendar years beginning after the date of the enactment of this Act.", "id": "HE395098A48BC4991BD9E49759764D67F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 1503(a)", "legal-doc": "usc", "parsable-cite": "usc/38/1503" } ] } ]

[ "Income", "Labor and Employment", "Veterans' benefits", "Veterans' pensions" ]

[ { "text": "1. Short title \nThis Act may be cited as the Lead-Free Drinking Water Act of 2004.", "id": "HA88DBE799FD14571857818042B7CD402", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Revision of national primary drinking water regulation for lead \nSection 1412(b) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b) ) is amended by adding at the end the following: (16) Revision of national primary drinking water regulation for lead \n(A) In general \nNot later than 18 months after the date of enactment of this paragraph, the Administrator shall finalize a rulemaking to review and revise the national primary drinking water regulation for lead that maintains or provides for greater protection of health as required under paragraph (9). (B) Protection for individuals \nThe revised regulation shall provide adequate protection for individuals that may be affected by lead contamination of drinking water, particularly vulnerable populations such as infants, children, and pregnant and lactating women. (C) Maximum contaminant level \n(i) In general \nThe revised regulation shall— (I) establish a maximum contaminant level for lead in drinking water as measured at the tap; or (II) if the Administrator determines that it is not practicable to establish such a level with adequate provision for variability and factors outside of the control of a public water system, establish a treatment technique in accordance with subparagraph (D). (ii) Basis of level \nIn establishing the maximum contaminant level under clause (i) or an action level for lead, the Administrator shall use as a basis the most protective of first draw samples, flushed samples, or both first draw and flushed samples. (D) Treatment technique \nIf the Administrator establishes a treatment technique for drinking water under subparagraph (C)(i)(II), the treatment technique shall— (i) prevent, to the extent achievable, known or anticipated adverse effects on the health of individuals; (ii) include an action level for lead that is at least as stringent as the action level established by the national primary drinking water regulation for lead under subpart I of part 141 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph); and (iii) (I) provide for the protection of individuals from very high lead levels in drinking water in isolated instances; (II) provide for the protection of all individuals, as opposed to a statistical majority, from exposure to elevated lead levels in drinking water; (III) promote continuing advances in corrosion control technologies and address the need to respond to changes in corrosion control and water treatment technologies; and (IV) take into account the demonstrated insufficiency of public notification and education as a primary means of protecting public health from lead in water..", "id": "H8215E711756B4BF7A4ACEE05749527F", "header": "Revision of national primary drinking water regulation for lead", "nested": [], "links": [ { "text": "42 U.S.C. 300g–1(b)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-1" } ] }, { "text": "3. Service line replacement \nSection 1417(a)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(a)(1) ) is amended by adding at the end the following: (C) Service line replacement \n(i) In general \nUpon exceeding the maximum contaminant level or action level for lead, a community water system or nontransient noncommunity water system shall annually replace at least 10 percent of the non-lead free service lines of the community water system or nontransient noncommunity water system until all of the non-lead free service lines have been replaced. (ii) Priority \nPriority shall be given to non-lead free service lines that convey drinking water to— (I) residences that receive drinking water with high lead levels; and (II) residences and other buildings, such as day care facilities and schools, used by vulnerable populations, including infants, children, and pregnant and lactating women. (iii) Replacement responsibility \nUnder no circumstance may a community water system or nontransient noncommunity water system avoid the responsibility to replace any non-lead free service line by completing lead testing such as that referred to in section 141.84 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph). (iv) Replacement of non-lead free service lines \n(I) In general \nIn carrying out this subparagraph and subject to subclause (II), a community water system or nontransient noncommunity water system shall replace the non-lead free service lines, including publicly owned and, with the permission of applicable homeowners, privately owned portions of the service lines. (II) Requirements for permission \nIn seeking permission from a homeowner to replace the private portion of non-lead free service lines under subclause (I), a community water system or nontransient noncommunity water system shall provide to the homeowner— (aa) notification of the replacement that is separate from the notification required under paragraph (2); (bb) a detailed description of the process by which non-lead free service lines will be replaced, including the date and approximate time of the replacement and a description of the ways in which property use will be disrupted by the replacement process; and (cc) a description of actions that should be taken to avoid any lead contamination that may occur after replacement of the non-lead free service lines. (III) State of property \nAfter completion of replacement of non-lead free service lines, a community water system or nontransient noncommunity water system shall make every reasonable effort to return property affected by the replacement to the state in which the property existed before the replacement. (IV) Absence of permission \nIf, after 3 attempts to obtain permission from a homeowner under subclause (II), a community water system or nontransient noncommunity water system has not received permission, the water system shall provide final notice to the homeowner of— (aa) the date and approximate time of replacement of the publicly owned portion of the non-lead free service lines; and (bb) a detailed description of actions that the homeowner should take to avoid any lead contamination that may occur after non-lead free service line replacement. (V) Exception \n(aa) In general \nIf the Administrator determines, after providing an opportunity for public notice and comment, that the practice of replacing only a portion of a non-lead free service line will generally result in higher lead levels in drinking water during an extended period of time (as compared with leaving the entire non-lead free service line in place), the Administrator may provide for an exemption for the replacement in any case in which the applicable homeowner refuses to grant permission to replace portions of a non-lead free service line under subclause (IV). (bb) Requirement of exemption \nAn exemption under item (aa) shall provide that, on a change in ownership of property served by a non-lead free service line, the new property owner may request the community water system or nontransient noncommunity water system to replace the non-lead free service line for the property within a reasonable period of time. (VI) Grants \nUsing amounts available under subsection (k)(1), the Administrator may provide grants to community water systems and nontransient noncommunity water systems for use in replacing non-lead free service lines..", "id": "HF3AD51ABACFA4E5EB3DC788D69F3BF71", "header": "Service line replacement", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" }, { "text": "section 141.84", "legal-doc": "cfr", "parsable-cite": "cfr/40/141.84" } ] }, { "text": "4. Public notice and education \nSection 1417(a) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(a) ) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by striking paragraph (2) and inserting the following: (2) Public notice requirements \n(A) In general \nThe owner or operator of a community water system or nontransient noncommunity water system shall identify and provide notice to individuals and entities (and, under subparagraph (D), to specific residences) that may be exposed to lead contamination in the drinking water supply, as indicated by an exceedance of the maximum contaminant level or action level for lead, in a case in which the contamination results from— (i) the lead content in the construction materials of the public water distribution system; or (ii) corrosivity of the water supplied that is sufficient to cause leaching of lead. (B) Contents \nPublic notice materials prepared under this paragraph shall provide a clear and readily understandable explanation of— (i) detailed information on the number of residences the drinking water of which was tested and the areas of the city or community in which those residences are located, including a description of lead levels found in the drinking water; (ii) the presence or absence of non-lead free service lines for each household receiving drinking water from the community water system or nontransient noncommunity water system; (iii) the potential adverse health effects of lead contamination of drinking water, including a detailed description of the disproportionate adverse effects of lead contamination of drinking water on infants, children, and pregnant and lactating women; (iv) the potential sources of lead in drinking water (including, at a minimum, non-lead free service lines, lead solder, and lead plumbing fixtures); (v) the cost and availability of lead free plumbing fixtures for use in residences; (vi) reasonably available methods of mitigating known or potential lead contamination of drinking water, including— (I) a detailed, step-by-step description of immediate actions that should be taken, such as the use of a certified water filter or other acquisition of an alternative water supply; and (II) a summary of more extensive actions that could be taken, such as the replacement of lead plumbing fixtures; (vii) any steps the community water system or nontransient noncommunity water system is taking to mitigate lead content in drinking water, including— (I) a timeline for decisionmaking; (II) a description of the means by which the public will provide input in the decisionmaking process; (III) a description of the potential health effects of any corrosion control modifications; and (IV) a description of the manner in which at least 1 other community water system or nontransient noncommunity water system has successfully addressed unacceptable levels of lead in drinking water; (viii) the necessity, if any, of seeking alternative water supplies; and (ix) contact information for— (I) medical assistance, including State and local agencies responsible for lead programs; (II) the community water system or nontransient noncommunity water system; and (III) the task force established under paragraph (3)(A)(ii). (C) Emphasis \nA notice under this paragraph shall place special emphasis on— (i) alerting parents, caregivers, and other individuals and entities of the significantly greater risks to infants, children, and pregnant and lactating women posed by lead contamination of drinking water; and (ii) encouraging individuals and entities threatened by lead contamination in the drinking water supply to immediately modify behavior and follow other recommendations in the notice so as to minimize exposure to lead in drinking water. (D) Delivery of notice \n(i) Notice to all residences and entities \n(I) In general \nThe notice under subparagraph (A) shall be provided to each residence or entity that receives water from the community water system or nontransient noncommunity water system. (II) Warning \nEach community water system and nontransient noncommunity water system shall print on the water bill provided to each residence and entity described in subclause (I) a warning that there is a public health risk from high lead levels in the drinking water. (ii) Timing \nThe notice required under subparagraph (A) shall be delivered— (I) not later than 30 days after the date on which the maximum contaminant level or action level for lead is exceeded; and (II) every 90 days thereafter for as long as the exceedance continues. (E) Notice of test results \nRegardless of whether the maximum contaminant level or action level for lead is exceeded, not later than 14 days after the date of receipt of any water lead test results conducted by the community water system or nontransient noncommunity water system, the water system shall provide to the owners and occupants of each residence tested a notice of the test results that includes— (i) the results of the water testing for that residence; (ii) the number of residences tested; (iii) the overall results of the testing; (iv) contact information (including a telephone number, address, and, if available, the Internet site address) for the applicable State or local health department or other agency for immediate assistance with blood lead level testing and lead remediation; and (v) the information and emphasis described in subparagraphs (B) and (C). (F) Verification of effectiveness \n(i) In general \nNot later than 180 days after the date of enactment of this subparagraph, the Administrator shall establish verification procedures that ensure that notices provided under this paragraph are effective and appropriate, taking into consideration risks posed to individuals and entities that may be exposed to lead contamination in drinking water. (ii) Contents \nThe procedures shall provide means of verifying, at a minimum, whether a notice— (I) reaches the intended individuals and entities; (II) is received and understood by those individuals and entities; and (III) includes an appropriate description of the level of risk posed to those individuals and entities by lead contamination of drinking water. (3) Public education program \n(A) In general \nIn carrying out this paragraph, regardless of whether the drinking water of a community water system or nontransient noncommunity water system has exceeded the maximum contaminant level or action level for lead, each owner or operator of the community water system or nontransient noncommunity water system shall establish and carry out a permanent, public education program on lead in drinking water that includes— (i) development of an action plan; (ii) establishment and maintenance of a standing, community-based task force; (iii) development and implementation of a voluntary household water testing program; and (iv) preparation of public education materials in each relevant language. (B) Action plan \nThe action plan developed under subparagraph (A)(i) shall achieve the objectives of— (i) defining the target audience for the public education program; (ii) outlining a voluntary customer water testing program for lead; (iii) identifying types of educational materials to be used at each stage of public education; and (iv) determining the appropriate timing and method of delivery of information on lead in drinking water. (C) Task force \n(i) Membership \nIn establishing the task force under subparagraph (A)(ii), the community water system or nontransient noncommunity water system shall solicit the participation of— (I) State, city, and county officials and agencies, including officials and agencies responsible for water quality, environmental protection, and testing for elevated lead levels in drinking water and in individuals; (II) local public school systems; (III) public hospitals and clinics; (IV) active community service organizations and civic groups; (V) child care facilities; and (VI) interested private entities. (ii) Responsibilities \nThe task force shall— (I) assist community water systems and nontransient noncommunity water systems in developing and revising action plans developed under subparagraph (A)(i); (II) review the effectiveness of public notice provided under paragraph (2); (III) make recommendations to community water systems and nontransient noncommunity water systems; (IV) respond to inquiries from the public regarding drinking water; (V) provide a means by which community water systems and nontransient noncommunity water systems may share information with the public; and (VI) facilitate the response of a community water system or nontransient noncommunity water system in the event of an exceedance of the maximum contaminant level or action level for lead. (D) Water testing program \nIn developing a voluntary water testing program under subparagraph (A)(iii), a community water system or nontransient noncommunity water system shall— (i) provide a means by which individuals and entities may request water testing with a single phone call, letter, or electronically mailed letter; (ii) conduct applicable tests in a timely manner, including ensuring that water samples are retrieved from households in a timely manner; (iii) ensure that tests are conducted properly by certified laboratories; and (iv) provide to individuals and entities that requested water testing the results of the tests, and any additional applicable information (such as information contained in educational materials described in subparagraph (E)) in a timely manner. (E) Contents \n(i) In general \nPublic education and consumer awareness materials provided under this paragraph shall include— (I) the potential adverse health effects of lead contamination of drinking water, including a detailed description of the disproportionate adverse effects of lead contamination of drinking water on infants, children, and pregnant and lactating women; (II) the potential sources of lead in drinking water (including, at a minimum, non-lead free service lines, lead solder, and lead plumbing fixtures); (III) a summary of the historical compliance of the community water system or nontransient noncommunity water system as evidenced by testing conducted under the national primary drinking water regulation for lead, including any corrective actions taken and the schedule for the next testing cycle; (IV) the cost and availability of lead free plumbing fixtures for use in residences; and (V) contact information for— (aa) medical assistance, including State and local agencies responsible for lead programs; (bb) the community water system or nontransient noncommunity water system; and (cc) the task force established under subparagraph (A)(ii). (ii) Emphasis \nA notice under this paragraph shall place special emphasis on— (I) alerting parents, caregivers, and other individuals and entities of the significantly greater risks to infants, children, and pregnant and lactating women posed by lead contamination of drinking water; and (II) encouraging individuals and entities threatened by lead contamination in the drinking water supply to immediately modify behavior and follow other recommendations in the notice so as to minimize exposure to lead in drinking water. (F) Delivery of public education \nNotwithstanding any absence of an exceedance of the maximum contaminant level or action level for lead, a community water system or nontransient noncommunity water system shall provide biannually to customers of the community water system or nontransient noncommunity water system— (i) public education materials and notice in accordance with this paragraph, including a general description of other sources of lead contamination (such as lead paint); and (ii) the results of the most recent water testing conducted by the community water system or nontransient noncommunity water system. (G) Exemption \nThe Administrator may exempt an individual community water system or nontransient noncommunity water system from the requirements of this paragraph upon a demonstration by the community water system or nontransient noncommunity water system that the drinking water of the system has never exceeded the maximum contaminant level or action level for lead on or after June 7, 1991..", "id": "H95BB223BE959430CB21428BE3C199C9B", "header": "Public notice and education", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6(a)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] }, { "text": "5. Additional provisions \n(a) In general \nSection 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended by adding at the end the following: (f) Filters \n(1) In-home filters \n(A) In general \nAfter an exceedance of a maximum contaminant level or action level for lead by a community water system or nontransient noncommunity water system, the community water system or nontransient noncommunity water system shall provide on-location filters described in subparagraph (C) to each residence, school, and day care facility in the service area of the community water system or nontransient noncommunity water system that could reasonably be expected to experience lead contamination of drinking water in excess of the maximum contaminant level or action level for lead at any time after the date of the exceedance. (B) Priority \nPriority shall be given— (i) first, to vulnerable populations such as infants, children, and pregnant and lactating women; and (ii) second, to those residences, schools, and day care facilities that should have priority, based on testing results under the national primary drinking water regulation for lead. (C) Certification standards for filters \nEach on-location filter provided under subparagraph (A) shall be certified for lead removal by the National Institute of Standards and Technology. (2) No limitation \nThe provision of filters under paragraph (1) shall not be limited to residences known to have non-lead free service lines. (3) Waiver of certain requirements \nThe Administrator may waive 1 or more requirements under this subsection if the Administrator determines that the requirements are not feasible or necessary to carry out this subsection. (g) Federal agencies \n(1) In general \nThe General Services Administration (or an appropriate entity designated by the General Services Administration) shall conduct water supply testing in all Federal buildings (except Federal buildings served by a federally owned or operated public water system), and related public notification and public education— (A) consistent with the requirements of this Act and the national primary drinking water regulation for lead; and (B) to the extent that the testing, notification, and education are not duplicative of testing, notification, and education conducted by public water systems with respect to the Federal buildings. (2) Exceedances \n(A) In general \nThe Administrator shall establish a methodology for testing in a single building to provide an equivalent level of sensitivity and protection as provided by the national primary drinking water regulation for lead with respect to community-wide testing. (B) Alternative water supplies \nUntil the lead level in a Federal building is confirmed to be below the maximum contaminant level or action level for lead using testing methodology described in subparagraph (A), the Administrator of General Services or head of another appropriate agency shall provide alternative water supplies to the Federal building. (3) Applicability \nNothing in this subsection affects any requirement applicable to a public water system. (h) 1-time, nationwide testing \n(1) Initiation \nExcept as provided in paragraph (3), in accordance with testing requirements under the national primary drinking water regulation for lead, and not later than 1 year after the date of enactment of this subsection, each community water system or nontransient noncommunity water system shall initiate a testing program to identify, measured at the tap, any lead contamination of the drinking water provided by the community water system or nontransient noncommunity water system. (2) Completion \nExcept as provided in paragraph (3), not later than 180 days after the date of initiation of the testing program under paragraph (1), each community water system or nontransient noncommunity water system shall— (A) complete the testing program described in paragraph (1); and (B) submit to the Administrator and each State in which the community water system or nontransient noncommunity water system supplies drinking water, and make available to the public, the results of the testing program. (3) Exception \nIf a community water system or nontransient noncommunity water system completes a testing program in accordance with the national primary drinking water regulation for lead within the 180-day period beginning on the date of enactment of this subsection, the community water system or nontransient noncommunity water system shall not be required to carry out additional testing under this subsection. (i) Monitoring \nThe Administrator shall revise the monitoring requirements under the national primary drinking water regulation for lead to— (1) require monitoring at least biannually; (2) ensure that monitoring is statistically relevant and fully representative of all types of residential dwellings and commercial establishments; (3) ensure that monitoring frequency and scope are enhanced for— (A) at least the 1-year period following any substantial modification of the treatment of drinking water provided; and (B) any period during which the drinking water of a water system exceeds the maximum contaminant level or action level for lead; (4) require that, in order to be certified to conduct drinking water analyses under this Act, a laboratory shall electronically report lead test results for public water systems (and such other results or data as are determined to be appropriate by the Administrator), in accordance with protocols established by the Administrator, directly to the Administrator and the applicable State or local agency; and (5) otherwise ensure that the Safe Drinking Water Information System and the National Contaminant Occurrence Database of the Administrator reliably and timely reflect information regarding drinking water quality and compliance with respect to lead. (j) Corrosion control \nIn revising the national primary drinking water regulation for lead, the Administrator shall ensure that any requirement for corrosion control includes a requirement that, not later than 1 year after the date of any change in water treatment, or of an exceedance of the maximum contaminant level or action level for lead, each community water system and nontransient noncommunity water system shall— (1) reevaluate any corrosion control plan in place for the water system; and (2) implement any changes necessary to reoptimize the plan..", "id": "HAFBE584FA80E4C838220C88EA0977FB4", "header": "Additional provisions", "nested": [ { "text": "(a) In general \nSection 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended by adding at the end the following: (f) Filters \n(1) In-home filters \n(A) In general \nAfter an exceedance of a maximum contaminant level or action level for lead by a community water system or nontransient noncommunity water system, the community water system or nontransient noncommunity water system shall provide on-location filters described in subparagraph (C) to each residence, school, and day care facility in the service area of the community water system or nontransient noncommunity water system that could reasonably be expected to experience lead contamination of drinking water in excess of the maximum contaminant level or action level for lead at any time after the date of the exceedance. (B) Priority \nPriority shall be given— (i) first, to vulnerable populations such as infants, children, and pregnant and lactating women; and (ii) second, to those residences, schools, and day care facilities that should have priority, based on testing results under the national primary drinking water regulation for lead. (C) Certification standards for filters \nEach on-location filter provided under subparagraph (A) shall be certified for lead removal by the National Institute of Standards and Technology. (2) No limitation \nThe provision of filters under paragraph (1) shall not be limited to residences known to have non-lead free service lines. (3) Waiver of certain requirements \nThe Administrator may waive 1 or more requirements under this subsection if the Administrator determines that the requirements are not feasible or necessary to carry out this subsection. (g) Federal agencies \n(1) In general \nThe General Services Administration (or an appropriate entity designated by the General Services Administration) shall conduct water supply testing in all Federal buildings (except Federal buildings served by a federally owned or operated public water system), and related public notification and public education— (A) consistent with the requirements of this Act and the national primary drinking water regulation for lead; and (B) to the extent that the testing, notification, and education are not duplicative of testing, notification, and education conducted by public water systems with respect to the Federal buildings. (2) Exceedances \n(A) In general \nThe Administrator shall establish a methodology for testing in a single building to provide an equivalent level of sensitivity and protection as provided by the national primary drinking water regulation for lead with respect to community-wide testing. (B) Alternative water supplies \nUntil the lead level in a Federal building is confirmed to be below the maximum contaminant level or action level for lead using testing methodology described in subparagraph (A), the Administrator of General Services or head of another appropriate agency shall provide alternative water supplies to the Federal building. (3) Applicability \nNothing in this subsection affects any requirement applicable to a public water system. (h) 1-time, nationwide testing \n(1) Initiation \nExcept as provided in paragraph (3), in accordance with testing requirements under the national primary drinking water regulation for lead, and not later than 1 year after the date of enactment of this subsection, each community water system or nontransient noncommunity water system shall initiate a testing program to identify, measured at the tap, any lead contamination of the drinking water provided by the community water system or nontransient noncommunity water system. (2) Completion \nExcept as provided in paragraph (3), not later than 180 days after the date of initiation of the testing program under paragraph (1), each community water system or nontransient noncommunity water system shall— (A) complete the testing program described in paragraph (1); and (B) submit to the Administrator and each State in which the community water system or nontransient noncommunity water system supplies drinking water, and make available to the public, the results of the testing program. (3) Exception \nIf a community water system or nontransient noncommunity water system completes a testing program in accordance with the national primary drinking water regulation for lead within the 180-day period beginning on the date of enactment of this subsection, the community water system or nontransient noncommunity water system shall not be required to carry out additional testing under this subsection. (i) Monitoring \nThe Administrator shall revise the monitoring requirements under the national primary drinking water regulation for lead to— (1) require monitoring at least biannually; (2) ensure that monitoring is statistically relevant and fully representative of all types of residential dwellings and commercial establishments; (3) ensure that monitoring frequency and scope are enhanced for— (A) at least the 1-year period following any substantial modification of the treatment of drinking water provided; and (B) any period during which the drinking water of a water system exceeds the maximum contaminant level or action level for lead; (4) require that, in order to be certified to conduct drinking water analyses under this Act, a laboratory shall electronically report lead test results for public water systems (and such other results or data as are determined to be appropriate by the Administrator), in accordance with protocols established by the Administrator, directly to the Administrator and the applicable State or local agency; and (5) otherwise ensure that the Safe Drinking Water Information System and the National Contaminant Occurrence Database of the Administrator reliably and timely reflect information regarding drinking water quality and compliance with respect to lead. (j) Corrosion control \nIn revising the national primary drinking water regulation for lead, the Administrator shall ensure that any requirement for corrosion control includes a requirement that, not later than 1 year after the date of any change in water treatment, or of an exceedance of the maximum contaminant level or action level for lead, each community water system and nontransient noncommunity water system shall— (1) reevaluate any corrosion control plan in place for the water system; and (2) implement any changes necessary to reoptimize the plan..", "id": "H4004768553584CCF85E6C96C77C6E710", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] } ], "links": [ { "text": "42 U.S.C. 300g–6", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] }, { "text": "6. Non-lead free service line replacement fund \nSection 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) (as amended by section 5) is amended by adding at the end the following: (k) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out replacement of non-lead free service lines under subsection (a)(1)(C)(iv)(VI) $200,000,000 for each of fiscal years 2005 through 2009. (2) District of Columbia \nOf amounts provided under paragraph (1), $40,000,000 for each of fiscal years 2005 through 2009 is authorized for use in replacing non-lead free service lines in the District of Columbia..", "id": "H336F9EE87E284B6B87A200E5E38FC3D", "header": "Non-lead free service line replacement fund", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] }, { "text": "7. Hardware standards \n(a) Definition of lead free \n(1) In general \nSection 1417(d)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(d)(2) ) is amended by striking 8.0 and inserting 0.2. (2) Additional definition \nSection 1461(2) of the Safe Drinking Water Act ( 42 U.S.C. 300j–21(2) ) is amended in the first sentence by striking 8 and inserting 0.2. (b) Plumbing fixtures \nSection 1417(e)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(e)(2) ) is amended by adding at the end the following: (C) Lead free plumbing fittings and fixtures and water meters \nOn and after January 1, 2005, it shall be unlawful to import, manufacture, process, distribute in commerce, or install in any residence a new plumbing fitting or fixture (including a fitting or fixture to be used for drinking, cooking, bathing, laundering clothes or other washing, or lawn irrigation), a water meter, or any other plumbing part or component that is not lead free..", "id": "H28902B70804B469DB21B8403FBE9CB22", "header": "Hardware standards", "nested": [ { "text": "(a) Definition of lead free \n(1) In general \nSection 1417(d)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(d)(2) ) is amended by striking 8.0 and inserting 0.2. (2) Additional definition \nSection 1461(2) of the Safe Drinking Water Act ( 42 U.S.C. 300j–21(2) ) is amended in the first sentence by striking 8 and inserting 0.2.", "id": "H1701EA160C5D45C78528E159DCAD5CE", "header": "Definition of lead free", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" }, { "text": "42 U.S.C. 300j–21(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300j-21" } ] }, { "text": "(b) Plumbing fixtures \nSection 1417(e)(2) of the Safe Drinking Water Act ( 42 U.S.C. 300g–6(e)(2) ) is amended by adding at the end the following: (C) Lead free plumbing fittings and fixtures and water meters \nOn and after January 1, 2005, it shall be unlawful to import, manufacture, process, distribute in commerce, or install in any residence a new plumbing fitting or fixture (including a fitting or fixture to be used for drinking, cooking, bathing, laundering clothes or other washing, or lawn irrigation), a water meter, or any other plumbing part or component that is not lead free..", "id": "HAD6A35F4729C4A1683734917BB45AFC2", "header": "Plumbing fixtures", "nested": [], "links": [ { "text": "42 U.S.C. 300g–6(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] } ], "links": [ { "text": "42 U.S.C. 300g–6(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" }, { "text": "42 U.S.C. 300j–21(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300j-21" }, { "text": "42 U.S.C. 300g–6(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/300g-6" } ] }, { "text": "8. Removal of lead in schools \n(a) In general \nSection 1464 of the Safe Drinking Water Act ( 42 U.S.C. 300j–24 ) is amended by striking subsection (d) and inserting the following: (d) Removal of lead in schools \n(1) Testing and remediation of lead contamination \nNot later than 270 days after the date of enactment of the Lead-Free Drinking Water Act of 2004, the Administrator, in consultation with each State, shall establish a program to provide grants to States to assist, or provide reimbursement for costs incurred by, local educational agencies in conducting annual testing for and remediation of lead contamination in drinking water from coolers and from other sources of lead contamination at schools under the jurisdiction of those agencies. (2) Public availability \n(A) In general \nThe Administrator shall ensure that a copy of the results of any testing at a school under paragraph (1) are available in the administrative offices of the appropriate local educational agency for inspection by the public, including— (i) teachers and other school personnel; and (ii) parents of students attending the school. (B) Notification \nThe Administrator shall ensure that each local educational agency notifies parent, teacher, and employee organizations of the availability of testing results described in subparagraph (A). (3) Drinking water coolers \nIn the case of drinking water coolers, the program under this subsection shall require each local educational agency to carry out such measures for the reduction or elimination of lead contamination from drinking water coolers that are located in schools and are not lead free as are necessary to ensure that, not later than the date that is 15 months after the date of enactment of the Lead-Free Drinking Water Act of 2004, all such drinking water coolers in schools under the jurisdiction of the local educational agency are repaired, replaced, permanently removed, or rendered inoperable (unless the drinking water cooler is tested and determined, within the limits of testing accuracy, not to contribute lead to drinking water). (4) Federal authority \nIn a case in which a State does not participate in the program under this subsection or, after receiving a grant under this subsection, does not carry out the responsibilities of the State under this subsection, the Administrator shall carry out such a program or such responsibilities on behalf of the State. (5) Funding \n(A) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $30,000,000 for each fiscal year. (B) Administrative expenses \nThe Administrator may use not more than 5 percent of amounts made available under subparagraph (A) for a fiscal year to pay administrative expenses incurred in carrying out this subsection for the fiscal year.. (b) Conforming amendment \nSection 1465 of the Safe Drinking Water Act ( 42 U.S.C. 300j–25 ) is repealed.", "id": "H3C075A856922463F987662D34D33DDB6", "header": "Removal of lead in schools", "nested": [ { "text": "(a) In general \nSection 1464 of the Safe Drinking Water Act ( 42 U.S.C. 300j–24 ) is amended by striking subsection (d) and inserting the following: (d) Removal of lead in schools \n(1) Testing and remediation of lead contamination \nNot later than 270 days after the date of enactment of the Lead-Free Drinking Water Act of 2004, the Administrator, in consultation with each State, shall establish a program to provide grants to States to assist, or provide reimbursement for costs incurred by, local educational agencies in conducting annual testing for and remediation of lead contamination in drinking water from coolers and from other sources of lead contamination at schools under the jurisdiction of those agencies. (2) Public availability \n(A) In general \nThe Administrator shall ensure that a copy of the results of any testing at a school under paragraph (1) are available in the administrative offices of the appropriate local educational agency for inspection by the public, including— (i) teachers and other school personnel; and (ii) parents of students attending the school. (B) Notification \nThe Administrator shall ensure that each local educational agency notifies parent, teacher, and employee organizations of the availability of testing results described in subparagraph (A). (3) Drinking water coolers \nIn the case of drinking water coolers, the program under this subsection shall require each local educational agency to carry out such measures for the reduction or elimination of lead contamination from drinking water coolers that are located in schools and are not lead free as are necessary to ensure that, not later than the date that is 15 months after the date of enactment of the Lead-Free Drinking Water Act of 2004, all such drinking water coolers in schools under the jurisdiction of the local educational agency are repaired, replaced, permanently removed, or rendered inoperable (unless the drinking water cooler is tested and determined, within the limits of testing accuracy, not to contribute lead to drinking water). (4) Federal authority \nIn a case in which a State does not participate in the program under this subsection or, after receiving a grant under this subsection, does not carry out the responsibilities of the State under this subsection, the Administrator shall carry out such a program or such responsibilities on behalf of the State. (5) Funding \n(A) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $30,000,000 for each fiscal year. (B) Administrative expenses \nThe Administrator may use not more than 5 percent of amounts made available under subparagraph (A) for a fiscal year to pay administrative expenses incurred in carrying out this subsection for the fiscal year..", "id": "HDFD806621AA0417BBB00004FAFE0FE", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300j–24", "legal-doc": "usc", "parsable-cite": "usc/42/300j-24" } ] }, { "text": "(b) Conforming amendment \nSection 1465 of the Safe Drinking Water Act ( 42 U.S.C. 300j–25 ) is repealed.", "id": "H20B6311B6AFD46DDA0969BEB20CBCE51", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 300j–25", "legal-doc": "usc", "parsable-cite": "usc/42/300j-25" } ] } ], "links": [ { "text": "42 U.S.C. 300j–24", "legal-doc": "usc", "parsable-cite": "usc/42/300j-24" }, { "text": "42 U.S.C. 300j–25", "legal-doc": "usc", "parsable-cite": "usc/42/300j-25" } ] }, { "text": "9. Revision of regulations \nNot later than 18 months after the date of enactment of this Act, the Administrator shall revise the national primary drinking water regulation for lead to incorporate all applicable requirements of this Act and the amendments made by this Act.", "id": "HD18CDC87B30543E9B5F66155F3B73895", "header": "Revision of regulations", "nested": [], "links": [] } ]

[ "Administrative procedure", "Caregivers", "Child health", "Commerce", "Consumer education", "Corrosion", "Data banks", "Day care", "District of Columbia", "Economics and Public Finance", "Education", "Electronic government information", "Electronic mail systems", "Elementary and secondary education", "Environmental Protection", "Environmental Protection Agency", "Families", "Federal aid to water resources development", "Federal office buildings", "Government Operations and Politics", "Government paperwork", "Government publicity", "Health", "Health warnings", "Infants", "Infrastructure", "Internet", "Laboratories", "Landowners", "Lead", "Lead poisoning", "Medical tests", "Municipal services", "Parents", "Planning", "Plumbing", "Pollution measurement", "Potable water", "Pregnant women", "Product safety", "School buildings", "School health programs", "Science, Technology, Communications", "Standards", "Telephone", "Water pollution control", "Water supply", "Women" ]

[ { "text": "1. Citizenship for Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani \nNotwithstanding title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani shall each be considered to be a naturalized citizen of the United States as of the date of the enactment of this Act and shall each be furnished by the Secretary of Homeland Security with a certificate of naturalization.", "id": "H92C92495757A4627AFB4348902C701C", "header": "Citizenship for Ahmad Khabaz Taghizadeh and Azammolok Taghizadeh Vatani", "nested": [], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] } ]

[ "Immigration" ]

[ { "text": "1. Provisions repealed \n(a) Physicians comparability allowances \nSection 5948(b) of title 5, United States Code, is amended— (1) in paragraph (2), by adding or at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (b) Special pay \nSection 7431(f) of title 38, United States Code, is amended— (1) in paragraph (1), by adding or at the end; (2) in paragraph (2), by striking ; or and inserting a period; and (3) by striking paragraph (3).", "id": "H882728AE9C744786BF78D51904458CB9", "header": "Provisions repealed", "nested": [ { "text": "(a) Physicians comparability allowances \nSection 5948(b) of title 5, United States Code, is amended— (1) in paragraph (2), by adding or at the end; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3).", "id": "H0964195CC0E84321AC86FF5BF614B100", "header": "Physicians comparability allowances", "nested": [], "links": [ { "text": "Section 5948(b)", "legal-doc": "usc", "parsable-cite": "usc/5/5948" } ] }, { "text": "(b) Special pay \nSection 7431(f) of title 38, United States Code, is amended— (1) in paragraph (1), by adding or at the end; (2) in paragraph (2), by striking ; or and inserting a period; and (3) by striking paragraph (3).", "id": "HA0068282FDA04B84884242DF03D1CD48", "header": "Special pay", "nested": [], "links": [ { "text": "Section 7431(f)", "legal-doc": "usc", "parsable-cite": "usc/38/7431" } ] } ], "links": [ { "text": "Section 5948(b)", "legal-doc": "usc", "parsable-cite": "usc/5/5948" }, { "text": "Section 7431(f)", "legal-doc": "usc", "parsable-cite": "usc/38/7431" } ] } ]

[ "Armed Forces and National Security", "Civil service retirement", "Dentists", "Department of Veterans Affairs", "Federal employees", "Health", "Labor and Employment", "Pay equity", "Physicians", "Recruiting of employees", "Veterans' medical care" ]

[ { "text": "1. Francis C. Goodpaster Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 120 East Illinois Avenue in Vinita, Oklahoma, shall be known and designated as the Francis C. Goodpaster 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 Francis C. Goodpaster Post Office Building.", "id": "HDA313150264343D1AF2F1DD600A9D20", "header": "Francis C. Goodpaster Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 120 East Illinois Avenue in Vinita, Oklahoma, shall be known and designated as the Francis C. Goodpaster Post Office Building.", "id": "HB7D8F55396A343F2A66F5B3F4D7EA611", "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 Francis C. Goodpaster Post Office Building.", "id": "H9BE6DCE727F34FB99C8DB8E8B82B2F", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congress", "Congressional tributes", "Federal employees", "Government Operations and Politics", "Names", "Oklahoma", "Postal facilities", "United States Postal Service" ]

[ { "text": "1. Exclusion for employer student loan repayments \n(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 106 the following new section: 106A. Employer student loan repayments \n(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee. (b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221. (c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H.. (b) Failure of employer to make comparable payments on qualified education loans of employees \nChapter 43 of such Code is amended by adding at the end the following new section: 4980H. Failure of employer to make comparable payments on qualified education loans of employees \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year. (c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year. (d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. (e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved.. (c) Clerical amendments \n(1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 106 the following new item: Sec. 106A. Employer student loan repayments. (2) The table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Failure of employer to make comparable payments on qualified education loans of employees. (d) Effective date \nThe amendments made by this section shall apply to payments made after the date of the enactment of this Act in taxable years ending after such date.", "id": "HCD378C7A36D54C09AC34846D4CA1D800", "header": "Exclusion for employer student loan repayments", "nested": [ { "text": "(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 106 the following new section: 106A. Employer student loan repayments \n(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee. (b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221. (c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H..", "id": "H57476683248A4BECA0DEBD9B69696608", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Failure of employer to make comparable payments on qualified education loans of employees \nChapter 43 of such Code is amended by adding at the end the following new section: 4980H. Failure of employer to make comparable payments on qualified education loans of employees \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year. (c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year. (d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. (e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved..", "id": "H1ABE157D548C4966B5C5DAFF71ECF9EF", "header": "Failure of employer to make comparable payments on qualified education loans of employees", "nested": [], "links": [] }, { "text": "(c) Clerical amendments \n(1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 106 the following new item: Sec. 106A. Employer student loan repayments. (2) The table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Failure of employer to make comparable payments on qualified education loans of employees.", "id": "HD2F57DC6254F4B79A3665E15C574BC19", "header": "Clerical amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to payments made after the date of the enactment of this Act in taxable years ending after such date.", "id": "H5C76522CDDAE48CCA1568188BCC0F926", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "106A. Employer student loan repayments \n(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee. (b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221. (c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H.", "id": "H75658BF8DCEA44739FD3CC3D97B119D", "header": "Employer student loan repayments", "nested": [ { "text": "(a) In general \nGross income of an employee does not include payments made by the employer on behalf of an employee on any qualified education loan (within the meaning of section 221(d)) of such employee.", "id": "HBD83902DCD014681A97EB36D65B2D35E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination with interest deduction \nAny payment taken into account under this section shall not be taken into account under section 221.", "id": "H4BBB64B05639493B82C7F093DFC8BDE1", "header": "Coordination with interest deduction", "nested": [], "links": [] }, { "text": "(c) Cross reference \nFor penalty on failure by employer to offer comparable payments on qualified education loans of comparable employees, see section 4980H.", "id": "H953B234B9A1F4AC3980029714D88D2DF", "header": "Cross reference", "nested": [], "links": [] } ], "links": [] }, { "text": "4980H. Failure of employer to make comparable payments on qualified education loans of employees \n(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year. (b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year. (c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year. (d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week. (e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved.", "id": "H3794750559AB4472B3000038F589B940", "header": "Failure of employer to make comparable payments on qualified education loans of employees", "nested": [ { "text": "(a) Imposition of tax \nThere is hereby imposed a tax on the failure of any employer to make available comparable payments on the qualified education loans of each employee of the employer for any calendar year.", "id": "HE47039D8822040D9BE8627D3D01DF272", "header": "Imposition of tax", "nested": [], "links": [] }, { "text": "(b) Amount of tax \nThe amount of the tax imposed by subsection (a) on any failure for any calendar year is the amount equal to 35 percent of the aggregate amount of payments made by the employer on qualified education loans of employees for the calendar year.", "id": "HAD61B0B5C1D44211B700F5FAA855BFC8", "header": "Amount of tax", "nested": [], "links": [] }, { "text": "(c) Comparable payments \n(1) In general \nFor purposes of this section, the term comparable payments means payments which are— (A) the same amount, or (B) limited by the amount due under the qualified education loans (if any). (2) Part-year employees \nIn the case of an employee who is employed by the employer for only a portion of the calendar year, a payment shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this paragraph) as such portion bears to the entire calendar year.", "id": "H957B06A824974BC2BB732F494DE786D0", "header": "Comparable payments", "nested": [], "links": [] }, { "text": "(d) Separate application for part-time employees \nThe requirements of this section shall be applied separately with respect to part-time employees and other employees. For purposes of the preceding sentence, the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week.", "id": "H010C3BF5FD624C29B151EB29D6686FC", "header": "Separate application for part-time employees", "nested": [], "links": [] }, { "text": "(e) Waiver by Secretary \nIn the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive relative to the failure involved.", "id": "H6EB895573AB145FEA974D65CCCFD3BB", "header": "Waiver by Secretary", "nested": [], "links": [] } ], "links": [] } ]

[ "Civil Rights and Liberties, Minority Issues", "Commerce", "Discrimination in employment", "Education", "Employee benefit plans", "Excise tax", "Higher education", "Income tax", "Labor and Employment", "Part-time employment", "Scholarships", "Student loan funds", "Tax exclusion", "Tax penalties" ]

[ { "text": "1. Short title \nThis Act may be cited as the Victim Compensation Fund Extension Act.", "id": "HEE55725A770B4E2881DC962BC1BCE3EF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The September 11th Victim Compensation Fund of 2001 was established to provide compensation to individuals (or relatives of deceased individuals) who were physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001. (2) The deadline for filing claims for compensation under the Victim Compensation Fund was December 22, 2003. (3) Some individuals did not know they were eligible to file claims for compensation or did not know they had suffered physical harm as a result of the terrorist-related aircraft crashes until after the December 22, 2003, deadline.", "id": "H639867DAABEB4D21A612773E8225B452", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Deadline extension for certain claims under September 11 th Victim Compensation Fund of 2001 \nSection 405(a)(3) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended to read as follows: (3) Limitation \n(A) In general \nExcept as provided in subparagraph (B), no claim may be filed under paragraph (1) after December 22, 2003. (B) Exceptions \nA claim may be filed under paragraph (1)— (i) during the 3-year period after the date of the enactment of this subparagraph, if the Special Master determines that the claimant— (I) did not know that the claimant had suffered physical harm as a result of the terrorist-related aircraft crashes of September 11, 2001, until after December 22, 2003, and before the date of the enactment of this subparagraph; or (II) did not for any reason other than as described in subclause (I) know that the claimant was eligible to file a claim under paragraph (1) until after December 22, 2003; and (ii) during the 3-year period after the date that the claimant first knew that the claimant had suffered physical harm as a result of the terrorist-related aircraft crashes of September 11, 2001, if the Special Master determines that the claimant did not know that the claimant had suffered physical harm as a result of the crashes until a date that is on or after the date of the enactment of this subparagraph..", "id": "HBDCD5F2E21114492A50363D43CB6BF01", "header": "Deadline extension for certain claims under September 11th Victim Compensation Fund of 2001", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "4. Immediate aftermath defined \nSection 402 of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended by adding at the end the following new paragraph: (9) Immediate aftermath \nIn section 405(c)(2)(A)(i), the term immediate aftermath means any period of time after the terrorist-related aircraft crashes of September 11, 2001, as determined by the Special Master, that was sufficiently close in time to the crashes that there was a demonstrable risk to the claimant of physical harm resulting from the crashes..", "id": "H48774348D4E64C26BD298C5249220184", "header": "Immediate aftermath defined", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ]

[ "Claims", "Compensation (Law)", "Compensation for victims of crime", "Crime and Law Enforcement", "EBB Terrorism", "Families", "International Affairs", "September 11, 2001", "Survivors' benefits", "Terrorism", "Victims of terrorism" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act.", "id": "H0B26C17035F74143B0CCB6F1A141958E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Railroad transportation security plan \n(a) Requirement \n(1) In general \nThe Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security and in accordance with the Memorandum of Understanding executed under section 3, shall develop a plan for the security of the Nation’s railroads. The plan shall include— (A) identification and evaluation of critical railroad assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the plan; (F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments; (G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); and (H) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate— (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (2) Existing private and public sector efforts \nThe plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nThe Secretary of Transportation shall develop prioritized recommendations for improving railroad security, including recommendations for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks. (b) Consultation \nIn developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties. (c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $10,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "HA84D65E246E54BF4BDAA8F028989E19", "header": "Railroad transportation security plan", "nested": [ { "text": "(a) Requirement \n(1) In general \nThe Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security and in accordance with the Memorandum of Understanding executed under section 3, shall develop a plan for the security of the Nation’s railroads. The plan shall include— (A) identification and evaluation of critical railroad assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; (D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (E) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the plan; (F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments; (G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); and (H) a contingency plan, developed in conjunction with freight and intercity and commuter passenger railroads, to ensure the continued movement of freight and passengers in the event of an attack affecting the railroad system, which shall contemplate— (i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; and (ii) methods of continuing railroad service in the Northeast Corridor in the event of a commercial power loss, or catastrophe affecting a critical bridge, tunnel, yard, or station. (2) Existing private and public sector efforts \nThe plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations \nThe Secretary of Transportation shall develop prioritized recommendations for improving railroad security, including recommendations for— (A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service; (B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term costs of measures that may be required to address those risks.", "id": "HE45EA72137B844D688956385E8BC7FBF", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties.", "id": "H099A04ACE7A44E08A55BA780FDDFA7BF", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Report \n(1) Contents \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with an estimate of the cost to implement such recommendations. (2) Format \nThe Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.", "id": "HD45FDA5B55714FCAB59147AC417F1818", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation $10,000,000 for fiscal year 2005 for the purpose of carrying out this section.", "id": "H670BE627F9D84B368FAEA80E41C54E6", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Memorandum of understanding \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of understanding governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.", "id": "HB2CA170FEF0E49E1876BAAA0674E55D", "header": "Memorandum of understanding", "nested": [], "links": [] }, { "text": "4. Railroad security upgrades \n(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroads, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for— (1) automated security inspection; (2) continued development and pilot deployment of communications-based train control systems; (3) emergency bridge repair and replacement technology and testing; (4) track, structure, and right-of-way integrity monitoring; (5) technologies for reduction of tank car vulnerability; (6) demonstration of bridge and tunnel inspection technologies; (7) establishment of a unified national railroad emergency operations center; (8) signal system security at turnouts; (9) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (10) the security of hazardous material transportation by railroad; (11) secure passenger railroad stations, trains, and infrastructure; (12) public security awareness campaigns for passenger train operations; (13) the sharing of intelligence and information about railroad security threats; (14) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (15) additional police and security officers, including canine units; and (16) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation— (1) $5,000,000 for each of fiscal years 2005 and 2006 for automated security inspection; (2) $20,000,000 for continued development and deployment of communications-based train control systems; (3) $5,000,000 for each of fiscal years 2005 through 2008 for emergency bridge repair and replacement technology and testing; (4) $3,000,000 for fiscal year 2005 for track, structure, and right-of-way integrity monitoring; (5) $3,000,000 for fiscal year 2005 for technologies for reduction of tank car vulnerability; (6) $20,000,000 for demonstration of bridge and tunnel inspection technologies; (7) $10,000,000 for establishment of a unified national railroad emergency operations center; (8) $1,500,000 for each of fiscal years 2005 and 2006 for signal system security at turnouts; and (9) $350,000,000 for fiscal year 2005 to carry out paragraphs (9) through (16) of subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H4429CA981A01438CAE00F9338EA83098", "header": "Railroad security upgrades", "nested": [ { "text": "(a) Security improvement grants \nThe Secretary of Transportation is authorized to make grants to railroads, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for— (1) automated security inspection; (2) continued development and pilot deployment of communications-based train control systems; (3) emergency bridge repair and replacement technology and testing; (4) track, structure, and right-of-way integrity monitoring; (5) technologies for reduction of tank car vulnerability; (6) demonstration of bridge and tunnel inspection technologies; (7) establishment of a unified national railroad emergency operations center; (8) signal system security at turnouts; (9) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (10) the security of hazardous material transportation by railroad; (11) secure passenger railroad stations, trains, and infrastructure; (12) public security awareness campaigns for passenger train operations; (13) the sharing of intelligence and information about railroad security threats; (14) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (15) additional police and security officers, including canine units; and (16) other improvements recommended by the report required by section 2, including infrastructure, facilities, and equipment upgrades.", "id": "H00F2AF42295946CEAFD326DB5F5C9DBF", "header": "Security improvement grants", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation— (1) $5,000,000 for each of fiscal years 2005 and 2006 for automated security inspection; (2) $20,000,000 for continued development and deployment of communications-based train control systems; (3) $5,000,000 for each of fiscal years 2005 through 2008 for emergency bridge repair and replacement technology and testing; (4) $3,000,000 for fiscal year 2005 for track, structure, and right-of-way integrity monitoring; (5) $3,000,000 for fiscal year 2005 for technologies for reduction of tank car vulnerability; (6) $20,000,000 for demonstration of bridge and tunnel inspection technologies; (7) $10,000,000 for establishment of a unified national railroad emergency operations center; (8) $1,500,000 for each of fiscal years 2005 and 2006 for signal system security at turnouts; and (9) $350,000,000 for fiscal year 2005 to carry out paragraphs (9) through (16) of subsection (a). Amounts appropriated pursuant to this subsection shall remain available until expended.", "id": "H108E15D126B4453896510066D3D609E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Fire and life-safety improvements \n(a) Life-safety needs \nThe Secretary of Transportation is authorized to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, D.C., Union Station tunnels, to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009. (c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.", "id": "HFFB5226D82E54EE3976D09461DF31D00", "header": "Fire and life-safety improvements", "nested": [ { "text": "(a) Life-safety needs \nThe Secretary of Transportation is authorized to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C.", "id": "HED837A01971E40E7A2716812A337ACF3", "header": "Life-safety needs", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $170,000,000 for fiscal year 2009. (2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009. (3) For the Washington, D.C., Union Station tunnels, to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009.", "id": "HF7FB372A91174E96A2CB79A7D5FD92EB", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) Availability of appropriated funds \nAmounts appropriated pursuant to this section shall remain available until expended.", "id": "H86A9E3326F6046F2B447CDC4DCB1A61E", "header": "Availability of appropriated funds", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Miscellaneous technical and conforming provisions \n(a) Rail police officers \nSection 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier. (b) Review of rail regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve railroad security. (c) Railroad security \nSection 20101 of title 49, United States Code, is amended by striking safety and inserting safety, including security,. (d) Rail safety regulations \nSection 20103(a) of title 49, United States Code, is amended by striking safety the first place it appears, and inserting safety, including security,. (e) Certain personnel limitations not to apply \nAny statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act.", "id": "H1E502BDF40E44674A4DF8E1F1518A811", "header": "Miscellaneous technical and conforming provisions", "nested": [ { "text": "(a) Rail police officers \nSection 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier.", "id": "H012FC2F8F13041DFAD4C7F3552C08B00", "header": "Rail police officers", "nested": [], "links": [ { "text": "Section 28101", "legal-doc": "usc", "parsable-cite": "usc/49/28101" } ] }, { "text": "(b) Review of rail regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve railroad security.", "id": "H2D8321923E8249E5ACFF322E78C1B5BC", "header": "Review of rail regulations", "nested": [], "links": [] }, { "text": "(c) Railroad security \nSection 20101 of title 49, United States Code, is amended by striking safety and inserting safety, including security,.", "id": "HCC7E0BC56D194805A9DDED7FD094A95F", "header": "Railroad security", "nested": [], "links": [ { "text": "Section 20101", "legal-doc": "usc", "parsable-cite": "usc/49/20101" } ] }, { "text": "(d) Rail safety regulations \nSection 20103(a) of title 49, United States Code, is amended by striking safety the first place it appears, and inserting safety, including security,.", "id": "H9B3FC362E7BB40E385D3B4A8DA004594", "header": "Rail safety regulations", "nested": [], "links": [ { "text": "Section 20103(a)", "legal-doc": "usc", "parsable-cite": "usc/49/20103" } ] }, { "text": "(e) Certain personnel limitations not to apply \nAny statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this Act.", "id": "H0EE85CB68EAF446F956695B501DD89D0", "header": "Certain personnel limitations not to apply", "nested": [], "links": [] } ], "links": [ { "text": "Section 28101", "legal-doc": "usc", "parsable-cite": "usc/49/28101" }, { "text": "Section 20101", "legal-doc": "usc", "parsable-cite": "usc/49/20101" }, { "text": "Section 20103(a)", "legal-doc": "usc", "parsable-cite": "usc/49/20103" } ] }, { "text": "7. Definition \nFor purposes of this Act, the term railroad has the meaning given that term in section 20102 of title 49, United States Code.", "id": "H75B70C678B11452DA8A9F0CC94730000", "header": "Definition", "nested": [], "links": [ { "text": "section 20102", "legal-doc": "usc", "parsable-cite": "usc/49/20102" } ] } ]

[ "Administrative procedure", "Animals", "Armed Forces and National Security", "Automation", "Biological warfare", "Bridges", "Chemical warfare", "Computers", "Congress", "Congressional reporting requirements", "Cost accounting", "Crime and Law Enforcement", "Criminal justice information", "Department of Homeland Security", "Department of Transportation", "District of Columbia", "Dogs", "Drainage", "EBB Terrorism", "Economics and Public Finance", "Electric power", "Electric power failures", "Electronic surveillance", "Emergency Management", "Emergency communication systems", "Employee training", "Energy", "Environmental Protection", "Explosives", "Federal aid to transportation", "Federal employees", "Federal-local relations", "Federal-state relations", "Fire prevention", "Government Operations and Politics", "Government publicity", "Government regulation", "Information networks", "Infrastructure", "International Affairs", "Labor and Employment", "Law", "Lighting", "Maryland", "New York City", "Northeastern States", "Nuclear terrorism", "Police", "Private police", "Railroad employees", "Railroad equipment", "Railroad freight operations", "Railroad passenger traffic", "Railroad safety", "Railroad terminals", "Railroads", "Recruiting of employees", "Risk", "Sabotage", "Science, Technology, Communications", "Security measures", "Terrorism", "Traffic signs and signals", "Transportation of hazardous substances", "Transportation planning", "Tunnels", "Water Resources Development" ]

[ { "text": "1. Compensation for damages \n(a) In general \nThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $1,500,000 to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers. (b) Persons to receive compensation \nThe Secretary of the Treasury shall compensate the following persons under subsection (a): (1) Thomas W. Sikes of Cadwell, Georgia. (2) Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.", "id": "HDE5C385BD83B46F1BCAB2315894BD06E", "header": "Compensation for damages", "nested": [ { "text": "(a) In general \nThe Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, $1,500,000 to the persons named in subsection (b) for damages sustained by such persons in connection with a 1991 government contract for the purchase and delivery of certain ocean freight containers.", "id": "H5B2E539EA4214437B1C700F9AEB94959", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Persons to receive compensation \nThe Secretary of the Treasury shall compensate the following persons under subsection (a): (1) Thomas W. Sikes of Cadwell, Georgia. (2) Wellington Trade Inc., of Cornelia, Georgia, doing business as Containerhouse.", "id": "H65A749C995544178A45EBE12B6762926", "header": "Persons to receive compensation", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Satisfaction of claims against the United States \nPayment under section 1 shall constitute full settlement of all legal and equitable claims by the persons named in section 1(b) against the United States for the damages described in section 1(a).", "id": "HCB145704DB5842B8B433C0B0B3A84D09", "header": "Satisfaction of claims against the United States", "nested": [], "links": [] }, { "text": "3. Limitation on attorney and agent fees \nNot more than 10 percent of the payment made under section 1 may be paid to or received by an agent or attorney as consideration for any service rendered in connection with this Act. Each violation of this section is punishable by a fine of not more than $1,000.", "id": "H334605A605144BD6BC181E7C500027E6", "header": "Limitation on attorney and agent fees", "nested": [], "links": [] } ]

[ "Claims" ]

[ { "text": "1. Dedesignation \nThe former Federal Building located at 500 Fannin Street in Shreveport, Louisiana, designated on October 28, 1978, by Public Law 95–545 , as the Joe Waggoner Federal Building shall no longer be known as the Joe Waggoner Federal Building.", "id": "H0E1F64CE4C3946C9961632A39065A573", "header": "Dedesignation", "nested": [], "links": [ { "text": "Public Law 95–545", "legal-doc": "public-law", "parsable-cite": "pl/95/545" } ] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the former Federal Building referred to in section 1 shall not be deemed to be a reference to a Federal building.", "id": "H9CDD8CA3D2064D77B1CB9DD3291B2E97", "header": "References", "nested": [], "links": [] } ]

[ "Buildings", "Federal office buildings", "Louisiana", "Names" ]

[ { "text": "1. Short title \nThis Act may be cited as the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project.", "id": "H0A449935FEF9408BA40293BAE2B34379", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Project authorization \n(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California \n(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000.. (b) Clerical amendment \nThe table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1634 the following: Sec. 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.", "id": "HFECC186F84C4412F9B7D189D9BDC11D8", "header": "Project authorization", "nested": [ { "text": "(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California \n(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000..", "id": "HC09EF20EECA24BA78823D94D3B3101C", "header": "In general", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "(b) Clerical amendment \nThe table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1634 the following: Sec. 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.", "id": "H98082B30A6244931B885A94231DC34B", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" } ] } ], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" }, { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" } ] }, { "text": "1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California \n(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. (c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000.", "id": "H89A30209370B45E8926DA011FEFA8E8D", "header": "Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California", "nested": [ { "text": "(a) Authorization \nThe Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district.", "id": "H5151F34D75184898BE01C800CDBFDD8", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Cost sharing \nThe Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.", "id": "H339C673D3A024BCAB31D0030A85F1208", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(c) Limitation \nFunds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).", "id": "H33169080E0E748C5BB8EFBFDA501FECC", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $12,000,000.", "id": "H0B3D938F1FBA47978F86AD157890B438", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "California", "Economics and Public Finance", "Federal aid to water resources development", "Irrigation", "Water conservation", "Water districts" ]

[ { "text": "1. Short title \nThis Act may be cited as the Bakers Creek Air Crash Memorial Act of 2004.", "id": "H62A8AC9EC2854B93A650DDC3D3953DC8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) During the Second World War, the United States Army Air Corps, established rest and recreation facilities in Mackay Queensland, Australia. (2) From the end of January 1943 until early 1944, thousands of United States servicemen were ferried almost daily from New Guinea to Mackay. (3) These servicemen traveled by air transport to spend an average of 10 days on a rest and relaxation furlough. (4) These servicemen were usually carried by two B–17 Flying Fortresses converted for transport duty. (5) On Monday, June 14, 1943, just before dawn, at about 6 a.m., Boeing B–17C, Serial/Tail Number 40–2072, took off headed for Port Moresby. (6) There were 6 crew and 35 passengers aboard. (7) The aircraft took off into fog and, soon after, made a turn at low altitude. (8) A few minutes after take-off, it crashed, at Bakers Creek, killing all but one of those on board. (9) The cause of the crash remains a mystery and is relatively unknown outside Mackay. (10) United States officials who were under orders not to reveal the presence of Allied troops in Australia, kept the crash a secret during the war. (11) Relatives of the victims received telegrams from the United States War Department that said little more than the serviceman had been killed in an air crash in the South West Pacific. (12) The victims’ remains were flown to Townsville where they were buried in the Belgian Gardens United States military cemetery. (13) Early in 1946, they were disinterred and shipped to Hawaii for reburial. (14) 13 are buried in the Punchbowl cemetery, Hawaii and the remainder were returned to the United States mainland. (15) 15 years ago Robert Cutler was reading his father’s wartime journals and found reference to the accident. (16) This discovery inspired Mr. Cutler to embark upon a research project that would consume more than a decade and take him to Australia. (17) Mr. Cutler’s work and trip to Australia brought to light this valuable information.", "id": "HE4678FDB98224629986EA04D42309804", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Bakers Creek Air Crash Memorial Marker in Arlington National Cemetery \n(a) Establishment \nSubject to section 3, the Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943. (b) Approval of design and site \nThe Secretary of the Army shall have exclusive authority to approve an appropriate design and site within Arlington National Cemetery for the memorial authorized under subsection (a).", "id": "HA08FCEDA85764349AACC33EEB3CF6A", "header": "Bakers Creek Air Crash Memorial Marker in Arlington National Cemetery", "nested": [ { "text": "(a) Establishment \nSubject to section 3, the Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943.", "id": "H769F291FFF9446C4A6786458B97C9EFF", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Approval of design and site \nThe Secretary of the Army shall have exclusive authority to approve an appropriate design and site within Arlington National Cemetery for the memorial authorized under subsection (a).", "id": "HABBBF79ABB714869A8B048256D15AF04", "header": "Approval of design and site", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Alternative site for Bakers Creek Air Crash Memorial \n(a) Identification of alternative site \nIf the Secretary of the Army determines that there is not sufficient space in Arlington National Cemetery for the memorial marker referred to in section 2, the Secretary of Defense and the Secretary of the Interior shall jointly identify appropriate alternative sites for that memorial marker. (b) Report to congress \nThe Secretary of Defense shall submit to Congress a report containing the alternative sites identified under subsection (a). (c) Selection of site \nThe Secretary of Defense is authorized to place in a site selected by the Secretary a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943. (d) Administration \nIf the memorial marker is established on a site identified under subsection (a), the memorial marker shall be placed, maintained, and administered by the Secretary of Defense.", "id": "H36D446A3A2234F5C00B7A47DD2DD0000", "header": "Alternative site for Bakers Creek Air Crash Memorial", "nested": [ { "text": "(a) Identification of alternative site \nIf the Secretary of the Army determines that there is not sufficient space in Arlington National Cemetery for the memorial marker referred to in section 2, the Secretary of Defense and the Secretary of the Interior shall jointly identify appropriate alternative sites for that memorial marker.", "id": "HC0E849DE0E7E49A585FDADBB524BB766", "header": "Identification of alternative site", "nested": [], "links": [] }, { "text": "(b) Report to congress \nThe Secretary of Defense shall submit to Congress a report containing the alternative sites identified under subsection (a).", "id": "H246B9E49937E4590A6BBB5D80297C0A1", "header": "Report to congress", "nested": [], "links": [] }, { "text": "(c) Selection of site \nThe Secretary of Defense is authorized to place in a site selected by the Secretary a memorial marker to honor the memory of the members of the Armed Forces of the United States who lost their lives at Bakers Creek, Australia on June 14, 1943.", "id": "HF7427E65D14D4C4496AC3E9CBA7B9480", "header": "Selection of site", "nested": [], "links": [] }, { "text": "(d) Administration \nIf the memorial marker is established on a site identified under subsection (a), the memorial marker shall be placed, maintained, and administered by the Secretary of Defense.", "id": "H36C122941E2D4A168D9150703CB46D65", "header": "Administration", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to implement this Act.", "id": "HE9D3859765474AF7B0D2F143EAFBC5D8", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Armed Forces and National Security", "Australia", "Aviation safety", "Cemeteries and funerals", "Congress", "Congressional reporting requirements", "History", "Military aircraft", "Military history", "Monuments and memorials", "Oceania", "Transport aircraft", "Transportation and Public Works", "Virginia", "War casualties", "World War II" ]

[ { "text": "1. Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005 \n(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 1 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account. (b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act. (c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "HADAB455689494E8984DC679D6EA7FC4E", "header": "Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005", "nested": [ { "text": "(a) Across-the-board rescissions \nThere is hereby rescinded an amount equal to 1 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account.", "id": "H69BFD6F4DBFD45FD910607F774226547", "header": "Across-the-board rescissions", "nested": [], "links": [] }, { "text": "(b) Non-defense, Non-homeland-security discretionary account \nFor purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act.", "id": "HB4E729F0532A4808B27EE154C700ABEB", "header": "Non-defense, Non-homeland-security discretionary account", "nested": [], "links": [] }, { "text": "(c) Proportionate application \nAny rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).", "id": "H511A52F189B140B291CFFE11EDB5E91F", "header": "Proportionate application", "nested": [], "links": [] }, { "text": "(d) Subsequent appropriation laws \nIn the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act.", "id": "H56E5A19DF8BF42688FDD399B6026BEED", "header": "Subsequent appropriation laws", "nested": [], "links": [] }, { "text": "(e) OMB report \nWithin 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).", "id": "H680AD37AF99C402AB83778D24D937800", "header": "OMB report", "nested": [], "links": [] } ], "links": [] } ]

[ "Appropriations", "Armed Forces and National Security", "Congress", "Congressional reporting requirements", "Defense budgets", "Department of Defense", "Department of Energy", "Department of Homeland Security", "Federal budgets", "Government Operations and Politics", "Government spending reductions", "Legislation", "Rescission of appropriated funds" ]

[ { "text": "1. Short Title \nThis Act may be cited as the Count Every Vote Act of 2004.", "id": "H3CC7BC35C24944F784459DE525B222F8", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Extension of Dates Provided for Meeting of Electors and Joint Session of Congress for Counting Electoral Votes in Event of Unresolved Controversy or Contest in any State \n(a) Meeting of Electors in States \nSection 7 of title 3, United States Code, is amended— (1) by striking The electors and inserting (a) In General.— Except as provided in subsection (b), the electors ; and (2) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest in any State \nNotwithstanding the date provided under subsection (a), the electors of President and Vice President of each State shall meet and give their votes on the first day (or, if such day is a Sunday, the second day) occurring after the January 1 that next follows their appointment if— (1) a controversy or contest concerning the appointment of all or any of the electors of any State has been filed; and (2) a final determination of the controversy or contest has not been made at least 3 days prior to the date described in subsection (a).. (b) Deadlines For Delivery of Certificates and Votes by States \n(1) Certificate of appointed electors \nSection 6 of such title is amended by inserting after communicate by registered mail under the seal of the State the following: (or, if the special rule described in section 7(b) is in effect with respect to the election, communicate by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt not later than the second day that follows the date described in section 7(b)). (2) Disposition of certificates by electors \nSection 11 of such title is amended— (A) by striking The electors shall dispose and inserting (a) In General.— Except as provided in subsection (b), the electors shall dispose ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the electors shall carry out the delivery and transmission requirements of this section by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt of the certificates and lists by the President of the Senate and the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (3) Final deadline for delivery \nSection 12 of such title is amended— (A) by striking When no certificate and inserting (a) In General.— Except as provided in subsection (b), when no certificate ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the Secretary of State of each State shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the certificate of vote and list mentioned in sections 9 and 11 is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (4) Demand on district court judge \nSection 13 of such title is amended— (A) by striking When no certificates and inserting (a) In General.— Except as provided in subsection (b), when no certificates ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the district judge referred to in subsection (a) shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the list described in such subsection is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (c) Joint Session For Counting Electoral Votes \nThe first sentence of section 15 of such title is amended by striking the period at the end and inserting the following: , or if the special rule described in section 7(b) is in effect, on the second day (or, if such day is a Sunday, the third day) that follows the deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States under section 12(b)..", "id": "H20B66AB87679473DB0B33E31E8064239", "header": "Extension of Dates Provided for Meeting of Electors and Joint Session of Congress for Counting Electoral Votes in Event of Unresolved Controversy or Contest in any State", "nested": [ { "text": "(a) Meeting of Electors in States \nSection 7 of title 3, United States Code, is amended— (1) by striking The electors and inserting (a) In General.— Except as provided in subsection (b), the electors ; and (2) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest in any State \nNotwithstanding the date provided under subsection (a), the electors of President and Vice President of each State shall meet and give their votes on the first day (or, if such day is a Sunday, the second day) occurring after the January 1 that next follows their appointment if— (1) a controversy or contest concerning the appointment of all or any of the electors of any State has been filed; and (2) a final determination of the controversy or contest has not been made at least 3 days prior to the date described in subsection (a)..", "id": "H0B2761819FF74B029807F6EECE1DFC1", "header": "Meeting of Electors in States", "nested": [], "links": [ { "text": "Section 7", "legal-doc": "usc", "parsable-cite": "usc/3/7" } ] }, { "text": "(b) Deadlines For Delivery of Certificates and Votes by States \n(1) Certificate of appointed electors \nSection 6 of such title is amended by inserting after communicate by registered mail under the seal of the State the following: (or, if the special rule described in section 7(b) is in effect with respect to the election, communicate by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt not later than the second day that follows the date described in section 7(b)). (2) Disposition of certificates by electors \nSection 11 of such title is amended— (A) by striking The electors shall dispose and inserting (a) In General.— Except as provided in subsection (b), the electors shall dispose ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the electors shall carry out the delivery and transmission requirements of this section by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt of the certificates and lists by the President of the Senate and the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (3) Final deadline for delivery \nSection 12 of such title is amended— (A) by striking When no certificate and inserting (a) In General.— Except as provided in subsection (b), when no certificate ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the Secretary of State of each State shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the certificate of vote and list mentioned in sections 9 and 11 is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b).. (4) Demand on district court judge \nSection 13 of such title is amended— (A) by striking When no certificates and inserting (a) In General.— Except as provided in subsection (b), when no certificates ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest \nIf the special rule described in section 7(b) is in effect with respect to the election, the district judge referred to in subsection (a) shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the list described in such subsection is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b)..", "id": "H7EC54A25989E4D2982A924D700B028B2", "header": "Deadlines For Delivery of Certificates and Votes by States", "nested": [], "links": [] }, { "text": "(c) Joint Session For Counting Electoral Votes \nThe first sentence of section 15 of such title is amended by striking the period at the end and inserting the following: , or if the special rule described in section 7(b) is in effect, on the second day (or, if such day is a Sunday, the third day) that follows the deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States under section 12(b)..", "id": "H9A2EF94858F44E79AF554CE2C75CDE88", "header": "Joint Session For Counting Electoral Votes", "nested": [], "links": [] } ], "links": [ { "text": "Section 7", "legal-doc": "usc", "parsable-cite": "usc/3/7" } ] }, { "text": "3. Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors \nSection 5 of title 3, United States Code, is amended by striking six days each place it appears and inserting 3 days.", "id": "H56DD9935A29445E2A8F3EDF0B89FFD17", "header": "Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors", "nested": [], "links": [ { "text": "Section 5", "legal-doc": "usc", "parsable-cite": "usc/3/5" } ] }, { "text": "4. Effective Date \nThe amendments made by this Act shall apply with respect to the Presidential election held in November 2004 and each succeeding Presidential election.", "id": "HD250E9F43BFB40158606D507B3CE67DA", "header": "Effective Date", "nested": [], "links": [] } ]

[ "Congress", "Congressional sessions", "Electoral college", "Electronic government information", "Express service", "Government paperwork", "Judges", "Law", "Postal service", "Presidential elections", "Science, Technology, Communications", "Transportation and Public Works" ]

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

[ "Arizona", "Economics and Public Finance", "Federal aid to housing", "Government lending", "Housing finance", "Rural economic development", "Rural housing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Cultural Conservation of the Crossroads of Civilization Act.", "id": "H32DE1FB50F844AF284F1DF1EFDE1C62", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) Afghanistan has been at the crossroads of civilizations, a mosaic of ethnic and linguistic culture, and a major contributor to the world community for more than two millennia. (2) Afghanistan, flanked by Central, West, and South Asia, has seen waves of migrating peoples pass through what has been referred to as the roundabout of the ancient world. (3) Archaeologists have identified evidence of Stone Age technology and a 20,000-year-old sculpture head in Aq Kupruk. (4) The earliest settlers in Afghanistan, who migrated from northern territories approximately 50,000 years ago, lived as individual hunters in the caves of the northern Hindu Kush mountains. (5) Evidence has been uncovered at the foothills of the Hindu Kush Mountains and Darra-e Dadil (near Darra-e Suf), Hazara Sum (near Aibak), and Qara Kamar (near Khulm) indicating that North Afghanistan was home to the earliest domestic plants and animals. (6) The Khyber Pass, a 33-mile passage through the Hindu Kush mountain range and dating back to 326 B.C., connects the northern frontier of Pakistan with Afghanistan. (7) During the period from 336 to 323 B.C., Alexander the Great defeated Duriush III, the last Kakhamanesh ruler, took control of Afghanistan, and introduced new coins and artistic styles to the region. (8) Alexander the Great and his army marched through the Khyber Pass to reach the plains of India, Aryans passed through on their victorious advance of Persian and Greek armies, and Scythians, White Huns, Seljuks, Tartars, Mongols, Sassanians, Turks, Mughals, and Durranis made successive inroads into the territories beyond Peshawar Valley and Indus via the Khyber Pass. (9) Graeco-Buddhist Gandharan culture reached its height during Afghanistan’s Kushan Empire under King Kanishka. (10) During the Kushan Empire, Buddha was first given a human face, and the world’s largest Buddhas ranging from 120 to 175 feet tall were carved into the cliff at Bamiyan. (11) The Silk Road passed through Afghanistan, bringing Roman glass and Chinese ceramics. (12) In 962, the rise of the Ghaznavid Dynasty ushered in the Islamic era and gave Afghanistan a permanent political and cultural role in Islamic civilization. (13) In 1219, Changiz (Genghis) Khan invaded Bukhara to avenge the looting of his caravan. Changiz eventually defeated Khwarazn Shah and proceeded through Afghanistan in his conquest of Asia. (14) Most archaeological material excavated in Afghanistan during the 20th century was housed in the National Museum in Kabul or in regional museums. (15) Reports indicate that copies of ancient maps are being used by looters to track long lost villages in the eastern provinces of Nangarhar, Laghman, and Kunar. (16) The Archaeological Institute of America has published articles listing thousands of artifacts that are among the stolen or imperiled treasures of the National Museum in Kabul. (17) The nation of Afghanistan has endured a raping and pillage of its cultural property over the past two decades, leading Abdul Wasey Feroozi, director of the National Archaeological Institute in Kabul, to state, The catastrophe of war annihilated seventy years of our hard work and accomplishments. In the period from 1992 to 1994... over 70 percent of the Kabul National Museum was burned and damaged and 100 percent of the objects were stolen or vandalized. Illegal excavations and extensive clandestine digging started at most historical sites, and thousands of valuable objects were transported to other countries, notably through Pakistan, to the international markets.. (18) It should be recognized that the cultural heritage of Afghanistan is at extreme peril and this legislation is a result of a profound concern for the damage to Afghan antiquities, sites, monuments, and cultural institutions.", "id": "H94D638038DE742CC85770008C5FA9982", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Emergency implementation of import restrictions \n(a) Authority \nThe President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2603 ) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) Definition \nIn this section, the term archaeological or ethnological material of Afghanistan means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed, after the date of the enactment of this Act, from the National Museum in Kabul or other locations, including archaeological sites, in Afghanistan.", "id": "HADA88E9570E14DBE878E80BD463511FE", "header": "Emergency implementation of import restrictions", "nested": [ { "text": "(a) Authority \nThe President may exercise the authority the President has under section 304 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2603 ) with respect to any archaeological or ethnological material of Afghanistan as if Afghanistan were a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply.", "id": "H269A09DF16EE4FB68B3BE9DB15320081", "header": "Authority", "nested": [], "links": [ { "text": "19 U.S.C. 2603", "legal-doc": "usc", "parsable-cite": "usc/19/2603" } ] }, { "text": "(b) Definition \nIn this section, the term archaeological or ethnological material of Afghanistan means cultural property of Afghanistan and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed, after the date of the enactment of this Act, from the National Museum in Kabul or other locations, including archaeological sites, in Afghanistan.", "id": "HB23ABFB6D50A4BE7876D8C596B3595D", "header": "Definition", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2603", "legal-doc": "usc", "parsable-cite": "usc/19/2603" } ] }, { "text": "4. Termination of Authority \nThe authority of the President under section 3 shall terminate upon the earlier of— (1) the date that is 5 years after the date on which the President certifies to the Congress that normalization of relations between the United States and the Government of Afghanistan has been established; or (2) September 30, 2009.", "id": "H21175A31730C4C959FEDD55B0086DA97", "header": "Termination of Authority", "nested": [], "links": [] } ]

[ "Afghanistan", "Archaeology", "Arts, Culture, Religion", "Congress", "Congressional oversight", "Cultural property", "Foreign Trade and International Finance", "Government Operations and Politics", "History", "Import restrictions", "Presidential powers", "South Asia", "Trade agreements", "Treaties" ]

[ { "text": "1. Short title \nThis Act may be cited as the Health Care Relief Act of 2004.", "id": "H69083146ADE4450685D540A417EC3E5D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. First $2,000 of health insurance premiums fully deductible \n(a) In general \nSubsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to medical, dental, etc., expenses) is amended to read as follows: (a) Allowance of deduction \nThere shall be allowed as a deduction the following amounts not compensated for by insurance or otherwise— (1) the amount by which the amount of expenses paid during the taxable year (reduced by the amount deductible under paragraph (2)) for medical care of the taxpayer, the taxpayer’s spouse, and the taxpayer’s dependents (as defined in section 152) exceeds 7.5 percent of adjusted gross income, plus (2) so much of the expenses paid during the taxable year for insurance which constitutes medical care under subsection (d)(1)(D) (other than for a qualified long-term care insurance contract) for such taxpayer, spouse, and dependents as does not exceed $2,000.. (b) Deduction allowed whether or not taxpayer itemizes deduction \nSection 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: (19) Health insurance premiums \nThe deduction allowed by section 213(a)(2).. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HEA3C4E88DC854E3495E12E18CC53BB86", "header": "First $2,000 of health insurance premiums fully deductible", "nested": [ { "text": "(a) In general \nSubsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to medical, dental, etc., expenses) is amended to read as follows: (a) Allowance of deduction \nThere shall be allowed as a deduction the following amounts not compensated for by insurance or otherwise— (1) the amount by which the amount of expenses paid during the taxable year (reduced by the amount deductible under paragraph (2)) for medical care of the taxpayer, the taxpayer’s spouse, and the taxpayer’s dependents (as defined in section 152) exceeds 7.5 percent of adjusted gross income, plus (2) so much of the expenses paid during the taxable year for insurance which constitutes medical care under subsection (d)(1)(D) (other than for a qualified long-term care insurance contract) for such taxpayer, spouse, and dependents as does not exceed $2,000..", "id": "H58BC59759354493CA260CFE6BA77AA43", "header": "In general", "nested": [], "links": [ { "text": "section 213", "legal-doc": "usc", "parsable-cite": "usc/26/213" } ] }, { "text": "(b) Deduction allowed whether or not taxpayer itemizes deduction \nSection 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: (19) Health insurance premiums \nThe deduction allowed by section 213(a)(2)..", "id": "H6B068C308916491D9CCCE7C41CE8CCC8", "header": "Deduction allowed whether or not taxpayer itemizes deduction", "nested": [], "links": [ { "text": "Section 62(a)", "legal-doc": "usc", "parsable-cite": "usc/26/62" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H56FCBB25BB634D6CBD6F2D34B441ECCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 213", "legal-doc": "usc", "parsable-cite": "usc/26/213" }, { "text": "Section 62(a)", "legal-doc": "usc", "parsable-cite": "usc/26/62" } ] }, { "text": "3. Credit for health insurance expenses of small businesses \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: 45G. Small business health insurance expenses \n(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. (b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent. (c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. (d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees. (e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) 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 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010.. (b) Credit to be part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , plus , and by adding at the end the following: (15) in the case of a small employer (as defined in section 45G(d)(3)), the health insurance credit determined under section 45G(a).. (c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of Section 45g credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.. (d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for small business health insurance expenses \n(1) In general \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a). (2) Controlled groups \nPersons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Small business health insurance expenses. (f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2003, for arrangements established after the date of the enactment of this Act.", "id": "H6F5B05B459CE476BA2726E8E617F2D36", "header": "Credit for health insurance expenses of small businesses", "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-related credits) is amended by adding at the end the following: 45G. Small business health insurance expenses \n(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. (b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent. (c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. (d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees. (e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) 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 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010..", "id": "H3717CB74C8964E9AA13F505FF33E9D6E", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Credit to be part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , plus , and by adding at the end the following: (15) in the case of a small employer (as defined in section 45G(d)(3)), the health insurance credit determined under section 45G(a)..", "id": "H7D495E895DC34EDC0051EE3BA12B3E3E", "header": "Credit to be part of general business credit", "nested": [], "links": [] }, { "text": "(c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of Section 45g credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004..", "id": "H7742444FDE474B1CA51C19065EAC3268", "header": "No carrybacks", "nested": [], "links": [] }, { "text": "(d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for small business health insurance expenses \n(1) In general \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a). (2) Controlled groups \nPersons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section..", "id": "H982714EF808A4EC78CFFC40012025833", "header": "Denial of double benefit", "nested": [], "links": [] }, { "text": "(e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Small business health insurance expenses.", "id": "H3B35BB07EDD34BEE9039528EA0ACEEA2", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2003, for arrangements established after the date of the enactment of this Act.", "id": "H5F6D7E7393DD41E78BA523FB6E844900", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "45G. Small business health insurance expenses \n(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. (b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent. (c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. (d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees. (e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) 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 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010.", "id": "HEDB63E1C13A946A3B0915F15E8859853", "header": "Small business health insurance expenses", "nested": [ { "text": "(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer.", "id": "HF6CED3E99C534720B9ED7D7F48112C96", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent.", "id": "H65BA2E67A24D46ABBEF051EFB4362557", "header": "Applicable percentage", "nested": [], "links": [] }, { "text": "(c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer.", "id": "H1FAB46EB760A41EDA61D94B5B194EB42", "header": "Limitations", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees.", "id": "H002E3003C1D54E2AB20202059316DA9F", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) 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 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.", "id": "HFCC7801F46AF488F81C85E7DF2B01D12", "header": "Special rules", "nested": [], "links": [] }, { "text": "(f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010.", "id": "H040684FEDD2D4D63855553FBD01FF94", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Refundable health insurance costs credit \n(a) Allowance of credit \n(1) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Health insurance costs for uninsured individuals \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents. (b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. (c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)). (d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed. (e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. (f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section.. (b) Conforming amendments \n(1) Section 162(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (6) Election to have subsection apply \nNo deduction shall be allowed under paragraph (1) for a taxable year unless the taxpayer elects to have this subsection apply for such year.. (2) Section 220(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (3) Section 223(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (4) 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. (5) 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: Sec. 36. Health insurance costs for uninsured individuals Sec. 37. Overpayments of tax. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H22D2E27FC4004153B726D451EA1D1857", "header": "Refundable health insurance costs credit", "nested": [ { "text": "(a) Allowance of credit \n(1) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Health insurance costs for uninsured individuals \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents. (b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. (c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)). (d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed. (e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. (f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section..", "id": "HCBDFC2312A4B4CCCBF81658263BBEEC6", "header": "Allowance of credit", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Conforming amendments \n(1) Section 162(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (6) Election to have subsection apply \nNo deduction shall be allowed under paragraph (1) for a taxable year unless the taxpayer elects to have this subsection apply for such year.. (2) Section 220(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (3) Section 223(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (4) 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. (5) 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: Sec. 36. Health insurance costs for uninsured individuals Sec. 37. Overpayments of tax.", "id": "HC72570DCF0B64A6DA2589FD4AE20B2A7", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 162(l)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "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": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H6BE6579F1AAD41AB95AA833198C2801", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "Section 162(l)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "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. Health insurance costs for uninsured individuals \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents. (b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. (c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)). (d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed. (e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. (f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section.", "id": "H8271D9332F3C45A49453048D7678D403", "header": "Health insurance costs for uninsured individuals", "nested": [ { "text": "(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents.", "id": "H82C7D5021DBF408CA01FF51137FEC5E", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500.", "id": "HA37268E38E6C47A79D33F16699535927", "header": "Limitation", "nested": [], "links": [] }, { "text": "(c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)).", "id": "HAC80D335FB87464300B4B60043CDF5C9", "header": "Qualified health insurance", "nested": [], "links": [] }, { "text": "(d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed.", "id": "HD96F0620A5454AF2A12DB4BEE1141538", "header": "Special rules", "nested": [], "links": [] }, { "text": "(e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe.", "id": "H97F525CBAFDC4B0096385F602EA259DA", "header": "Expenses must be substantiated", "nested": [], "links": [] }, { "text": "(f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section.", "id": "HA23405F726604F3D8C4DAF6453B9E135", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

[ "Commerce", "Cost of living adjustments", "Economics and Public Finance", "Employee health benefits", "Finance and Financial Sector", "Health", "Health insurance", "Income tax", "Indexing (Economic policy)", "Insurance premiums", "Labor and Employment", "Medical economics", "Medically uninsured", "Small business", "Tax credits", "Tax deductions", "Tax refunds" ]

[ { "text": "1. Increase in death gratuity payable with respect to members of the Armed Forces \n(a) Amount of death gratuity \nSection 1478(a) of title 10, United States Code, is amended by striking $12,000 and inserting $50,000. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to deaths occurring on or after September 11, 2001. (c) Offset \nThe Secretary of Defense shall derive funds for amounts payable during fiscal year 2005 by reason of the amendment made by subsection (a) from amounts available for that fiscal year for travel for personnel assigned to, or employed in, the Office of the Secretary of Defense. Amounts for such purpose shall be transferred to the appropriate accounts of the Department of Defense available for such payments, and amounts so transferred shall not be counted for purposes of any limitation on the amount of transfers of Department of Defense funds during that fiscal year.", "id": "HF8274743F29F47EC9B4230F276EE0D3", "header": "Increase in death gratuity payable with respect to members of the Armed Forces", "nested": [ { "text": "(a) Amount of death gratuity \nSection 1478(a) of title 10, United States Code, is amended by striking $12,000 and inserting $50,000.", "id": "H928D2D459F444A85992774AFFCF4BF2E", "header": "Amount of death gratuity", "nested": [], "links": [ { "text": "Section 1478(a)", "legal-doc": "usc", "parsable-cite": "usc/10/1478" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to deaths occurring on or after September 11, 2001.", "id": "HBED5BA6D9290454680C5CB9D8AFD264", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Offset \nThe Secretary of Defense shall derive funds for amounts payable during fiscal year 2005 by reason of the amendment made by subsection (a) from amounts available for that fiscal year for travel for personnel assigned to, or employed in, the Office of the Secretary of Defense. Amounts for such purpose shall be transferred to the appropriate accounts of the Department of Defense available for such payments, and amounts so transferred shall not be counted for purposes of any limitation on the amount of transfers of Department of Defense funds during that fiscal year.", "id": "H845F65F37D414185B44FE76277FC1797", "header": "Offset", "nested": [], "links": [] } ], "links": [ { "text": "Section 1478(a)", "legal-doc": "usc", "parsable-cite": "usc/10/1478" } ] } ]

[ "Defense budgets", "Department of Defense", "Economics and Public Finance", "Families", "Federal employees", "Government Operations and Politics", "Government travel", "Iraq compilation", "Labor and Employment", "Military dependents", "Military pensions", "Reprogramming of appropriated funds", "Survivors' benefits", "Transportation and Public Works", "Travel costs" ]

[ { "text": "1. Temporary reduction of duty on sorbic acid \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.11 Sorbic acid (CAS No. 110-44-1) (provided for in subheading 2916.19.20) 1.5% No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Temporary reduction of duty on sorbic acid", "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: 9902.34.11 Sorbic acid (CAS No. 110-44-1) (provided for in subheading 2916.19.20) 1.5% No change No change On or before 12/31/2006.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "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": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "Chemicals", "Food additives", "Food preservation", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE7B6AA114B1F4DEA9BC300D95F476555", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of Paul D. Coverdell Drug-Free Workplace Program \n(a) In general \nParagraph (1) of section 27(g) of the Small Business Act ( 15 U.S.C. 654(g) ) is amended by striking 2001 through 2003 and inserting 2004 through 2006. (b) Additional grants for programs carried out in cooperation with small business development centers \n(1) In general \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by striking There is established and inserting the following: (1) In general \nThere is established ; and (B) by adding at the end the following new paragraph: (2) Additional grants for programs carried out in cooperation with small business development centers \nThe Administrator may make an additional grant to, or enter into a cooperative agreement or contract with, any grantee under paragraph (1) for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.. (2) Authorization \nSubsection (g) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph: (2) Additional authorization \nThere is authorized to be appropriated to carry out this subsection, $1,500,000 for each of fiscal years 2004 through 2006. Amounts made available under this paragraph shall remain available until expended. ; and (C) in paragraph (1)— (i) by inserting (other than subsection (b)(2)) after this section ; and (ii) by striking this subsection and inserting this paragraph. (c) 2-year grants \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as amended by subsection (b), is further amended by adding at the end the following new paragraph: (3) 2-year grants \nEach grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator.. (d) Eligibility of drug-free communities coalitions \nSubparagraph (D) of section 27(a)(2) of the Small Business Act ( 15 U.S.C. 654(a)(2) ) is amended to read as follows: (D) (i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ).. (e) Evaluation and coordination \nSection 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following new subsections: (d) Technical assistance \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary receiving a grant under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. (e) Evaluation of program \n(1) Data collection system \nEach eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph. (2) Method of evaluation \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concern’s employees and the identification of methods suitable for analyzing such information. (3) Study and report \nNot later than 18 months after the date of the enactment of the Drug-Free Workplace Program Reauthorization Act of 2004, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall— (A) compile and analyze the information collected under this subsection; (B) identify trends in such information; (C) evaluate the effectiveness of the drug-free workplace programs established with assistance provided under this section; and (D) submit to the Congress a report that describes the results of the analysis conducted under subparagraph (A), the trends identified under subparagraph (B), and the results of the evaluation conducted under subparagraph (C).. (f) Small business development centers \n(1) In general \nSubparagraph (T) of section 21(c)(3) of the Small Business Act (15 U.S.C 648(c)(3)) is amended by striking October 1, 2003 and inserting October 1, 2006. (2) Limitation \nParagraph (3) of section 27(h) of the Small Business Act ( 15 U.S.C. 654(g) ), as redesignated under subsection (b)(2) and (d), is amended— (A) by striking $1,000,000 and inserting $500,000 ; and (B) by inserting for fiscal years 2004 through 2006 after under this subsection. (g) Administrative costs \nSubsection (h) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as so redesignated, is amended by adding at the end the following new paragraph: (4) Administrative costs \nOf the total amount made available under this subsection for any fiscal year, not more than 5 percent of such amount shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries)..", "id": "H43C6973B3397458F8822B3F145301BFD", "header": "Reauthorization of Paul D. Coverdell Drug-Free Workplace Program", "nested": [ { "text": "(a) In general \nParagraph (1) of section 27(g) of the Small Business Act ( 15 U.S.C. 654(g) ) is amended by striking 2001 through 2003 and inserting 2004 through 2006.", "id": "H0BAD89C86B4740BAA590C9547C00FC48", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 654(g)", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] }, { "text": "(b) Additional grants for programs carried out in cooperation with small business development centers \n(1) In general \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by striking There is established and inserting the following: (1) In general \nThere is established ; and (B) by adding at the end the following new paragraph: (2) Additional grants for programs carried out in cooperation with small business development centers \nThe Administrator may make an additional grant to, or enter into a cooperative agreement or contract with, any grantee under paragraph (1) for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.. (2) Authorization \nSubsection (g) of section 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph: (2) Additional authorization \nThere is authorized to be appropriated to carry out this subsection, $1,500,000 for each of fiscal years 2004 through 2006. Amounts made available under this paragraph shall remain available until expended. ; and (C) in paragraph (1)— (i) by inserting (other than subsection (b)(2)) after this section ; and (ii) by striking this subsection and inserting this paragraph.", "id": "HE1265CB02EAF4B6895FDE6EEFC16AE31", "header": "Additional grants for programs carried out in cooperation with small business development centers", "nested": [], "links": [ { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] }, { "text": "(c) 2-year grants \nSubsection (b) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as amended by subsection (b), is further amended by adding at the end the following new paragraph: (3) 2-year grants \nEach grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator..", "id": "H9C1E74584DEA44B1B3A600DD3D915D05", "header": "2-year grants", "nested": [], "links": [ { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] }, { "text": "(d) Eligibility of drug-free communities coalitions \nSubparagraph (D) of section 27(a)(2) of the Small Business Act ( 15 U.S.C. 654(a)(2) ) is amended to read as follows: (D) (i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. )..", "id": "HBE17B9F0ED61430189F1EC23E8A6A544", "header": "Eligibility of drug-free communities coalitions", "nested": [], "links": [ { "text": "15 U.S.C. 654(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "21 U.S.C. 1521 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1521" } ] }, { "text": "(e) Evaluation and coordination \nSection 27 of the Small Business Act ( 15 U.S.C. 654 ) is amended— (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following new subsections: (d) Technical assistance \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary receiving a grant under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs. (e) Evaluation of program \n(1) Data collection system \nEach eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph. (2) Method of evaluation \nThe Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concern’s employees and the identification of methods suitable for analyzing such information. (3) Study and report \nNot later than 18 months after the date of the enactment of the Drug-Free Workplace Program Reauthorization Act of 2004, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall— (A) compile and analyze the information collected under this subsection; (B) identify trends in such information; (C) evaluate the effectiveness of the drug-free workplace programs established with assistance provided under this section; and (D) submit to the Congress a report that describes the results of the analysis conducted under subparagraph (A), the trends identified under subparagraph (B), and the results of the evaluation conducted under subparagraph (C)..", "id": "H59C8815589F14E459CB04E635EDAD46E", "header": "Evaluation and coordination", "nested": [], "links": [ { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] }, { "text": "(f) Small business development centers \n(1) In general \nSubparagraph (T) of section 21(c)(3) of the Small Business Act (15 U.S.C 648(c)(3)) is amended by striking October 1, 2003 and inserting October 1, 2006. (2) Limitation \nParagraph (3) of section 27(h) of the Small Business Act ( 15 U.S.C. 654(g) ), as redesignated under subsection (b)(2) and (d), is amended— (A) by striking $1,000,000 and inserting $500,000 ; and (B) by inserting for fiscal years 2004 through 2006 after under this subsection.", "id": "H40C4E1292B9C4195A2007287E5F946AC", "header": "Small business development centers", "nested": [], "links": [ { "text": "15 U.S.C. 654(g)", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] }, { "text": "(g) Administrative costs \nSubsection (h) of section 27 of the Small Business Act ( 15 U.S.C. 654 ), as so redesignated, is amended by adding at the end the following new paragraph: (4) Administrative costs \nOf the total amount made available under this subsection for any fiscal year, not more than 5 percent of such amount shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries)..", "id": "H0264820FA19845738CC5487FB74BF0A4", "header": "Administrative costs", "nested": [], "links": [ { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] } ], "links": [ { "text": "15 U.S.C. 654(g)", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "21 U.S.C. 1521 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1521" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654(g)", "legal-doc": "usc", "parsable-cite": "usc/15/654" }, { "text": "15 U.S.C. 654", "legal-doc": "usc", "parsable-cite": "usc/15/654" } ] } ]

[ "Alcoholism", "Authorization", "Congress", "Congressional reporting requirements", "Drug abuse", "Drug abuse prevention", "Drug testing", "Drugs and employment", "Economics and Public Finance", "Evaluation research (Social action programs)", "Government Operations and Politics", "Government and business", "Government paperwork", "Government publicity", "Grants-in-aid", "Labor and Employment", "Performance measurement", "Small Business Administration", "Small business", "Social Welfare" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H5F7DDF87E23641EC9595D6DB94B25899", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) After two terrorist attacks it is time to fix the communications system for the New York City Fire Department. (2) During its response to the 1993 bombing of the World Trade Center in New York City, the New York City Fire Department's radios did not work in the twin towers of the World Trade Center. The resulting lack of communication complicated operations but did not result in the death of any firefighter. (3) Eight years later, on September 11, 2001, the World Trade Center was attacked again and the fire department’s radio system failed again. (4) Soon before the collapse of Tower One of the World Trade Center, fire department officials tried in vain to radio firefighters to evacuate the building. (5) The firefighters' radio system failed the firefighters in Tower One and as a result many were not able to receive this warning. The failure of the radio system was largely responsible for the death of many of the 343 firefighters who died in the collapse of the World Trade Center twin towers. (6) Since September 11, 2001, the fire department has taken steps to improve the communications system that failed them. However, many tall buildings in New York City have not installed repeaters that are needed to boost signals, and the signals are often lost in high-rise buildings and underground. (7) In August 2003, New York City experienced a blackout. During the blackout the fire department’s radio system was again found not to work reliably during emergency situations or in high buildings. (8) The dispatch system currently used by the New York City Fire Department was acquired in the early 1970s and hampers the ability of the department to fully communicate with its firefighters and provide appropriate detailed information about the buildings and locations to which they respond. (9) Since the terrorist attacks of September 11, 2001, executive branch officials have repeatedly warned that future terror attacks are not a matter of if, but when. The Secretary of Homeland Security has identified New York City as one of the main terrorist targets. (10) With New York City remaining a top terrorist target, such communications system should be a national priority. (11) A new state-of-the-art communications system and upgrades to the critical information dispatch system for the New York City Fire Department should be— (A) seamless from the receipt of a 911 call to the dispatch of the firefighter; and (B) interoperable with other public safety offices within the City of New York.", "id": "H7357FA4316E349B28032316DF9DF82BC", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Requirement to procure communications system for New York City Fire Department \n(a) In general \nThe Secretary of Homeland Security shall, by not later than 1 year after the date of the enactment of this Act, procure development and provision of a communications system for the New York City Fire Department, including appropriate radios for the entire department and upgrades to the critical information dispatch system of the department. (b) Requirements \n(1) Radios \nRadios procured pursuant to this section must be capable of operating in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (2) Supplemental communication device \nAny communications system procured pursuant to this section must include provision to each firefighter of a supplemental radio communication device that— (A) allows the firefighter to transmit audio and radio emergency notification warning signals to other firefighters whenever the firefighter is in distress and in immediate need of assistance; and (B) has the capability to operate automatically in a passive mode by transmitting audio and radio messages that will relay the firefighter's identification and location if the firefighter— (i) becomes incapacitated and motionless; and (ii) is unable to physically transmit a call for help. (3) Dispatch system \nUpgrades to the critical information dispatch system procured pursuant to this section must— (A) allow the fire department to communicate with firefighters in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City; (B) provide useful, detailed data concerning all likely terrorist target locations in the City of New York; and (C) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist them in making decisions about how to mitigate a terrorist attack and save lives and property. (c) Testing \nRadios, any dispatch system upgrades, and supplemental communication devices procured pursuant to this section must have been tested to ensure they will operate in all locations and under all conditions in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (d) Coordination \nIn carrying out this section the Secretary shall coordinate with the City of New York to ensure that the communications system procured under this section is— (1) compatible with the plans of the City of New York to upgrade its 911 system; and (2) interoperable with other public safety communications systems. (e) Progress report \nThe Secretary shall submit to the Congress a report on progress made in carrying out this section, on— (1) February 26, 2005; and (2) September 11, 2005.", "id": "H9CA03E5B32C7482400D118B92B541F39", "header": "Requirement to procure communications system for New York City Fire Department", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall, by not later than 1 year after the date of the enactment of this Act, procure development and provision of a communications system for the New York City Fire Department, including appropriate radios for the entire department and upgrades to the critical information dispatch system of the department.", "id": "H334A9454C54447F4A45B4C110859DB35", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \n(1) Radios \nRadios procured pursuant to this section must be capable of operating in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City. (2) Supplemental communication device \nAny communications system procured pursuant to this section must include provision to each firefighter of a supplemental radio communication device that— (A) allows the firefighter to transmit audio and radio emergency notification warning signals to other firefighters whenever the firefighter is in distress and in immediate need of assistance; and (B) has the capability to operate automatically in a passive mode by transmitting audio and radio messages that will relay the firefighter's identification and location if the firefighter— (i) becomes incapacitated and motionless; and (ii) is unable to physically transmit a call for help. (3) Dispatch system \nUpgrades to the critical information dispatch system procured pursuant to this section must— (A) allow the fire department to communicate with firefighters in all locations, and under all conditions, in which firefighters can reasonably be expected to work in responding to an emergency in New York City; (B) provide useful, detailed data concerning all likely terrorist target locations in the City of New York; and (C) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist them in making decisions about how to mitigate a terrorist attack and save lives and property.", "id": "H8D6F8A8C9A9848629014CC38E1D99447", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Testing \nRadios, any dispatch system upgrades, and supplemental communication devices procured pursuant to this section must have been tested to ensure they will operate in all locations and under all conditions in which firefighters can reasonably be expected to work in responding to an emergency in New York City.", "id": "H18137B69F0EF4782AC27CA37E8E9037", "header": "Testing", "nested": [], "links": [] }, { "text": "(d) Coordination \nIn carrying out this section the Secretary shall coordinate with the City of New York to ensure that the communications system procured under this section is— (1) compatible with the plans of the City of New York to upgrade its 911 system; and (2) interoperable with other public safety communications systems.", "id": "HEBE1D7D7F4B44707B54CF25E5C9C083E", "header": "Coordination", "nested": [], "links": [] }, { "text": "(e) Progress report \nThe Secretary shall submit to the Congress a report on progress made in carrying out this section, on— (1) February 26, 2005; and (2) September 11, 2005.", "id": "HD3BA7AA395DC4634BAA0C6B8642D5DA5", "header": "Progress report", "nested": [], "links": [] } ], "links": [] } ]

[ "Commerce", "Congress", "Congressional reporting requirements", "Crime and Law Enforcement", "Emergency communication systems", "Federal-city relations", "Fire departments", "Fire fighters", "Geographic information systems", "Government Operations and Politics", "Government procurement", "Identification devices", "New York City", "Office buildings", "Radio", "Science, Technology, Communications", "Terrorism" ]

[ { "text": "1. Short title \nThis Act may be cited as the American History and Civics Education Act of 2004.", "id": "H566ECE16A5CA43B4AEDA2804CB54A5C1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Presidential Academies for Teaching of American History and Civics; Congressional Academies for students of American history and civics \n(a) Establishment \nThe Secretary of Education (referred to in this Act as the Secretary ) may award grants, on a competitive basis— (1) to entities to establish Presidential Academies for Teaching of American History and Civics that may offer workshops for both veteran and new teachers of American history and civics; and (2) to entities to establish Congressional Academies for Students of American History and Civics. (b) Application \nAn entity that desires to receive 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 require. (c) Demonstrated expertise \nThe Secretary shall require that each entity, to be eligible to receive a grant under this section, demonstrate expertise in historical methodology or the teaching of history. (d) Available funds \nIn awarding grants under subsection (a), the Secretary may use any funds available to the Secretary to carry out education programs.", "id": "H8D809F6E1A614F39B0F8F59185AA814E", "header": "Presidential Academies for Teaching of American History and Civics; Congressional Academies for students of American history and civics", "nested": [ { "text": "(a) Establishment \nThe Secretary of Education (referred to in this Act as the Secretary ) may award grants, on a competitive basis— (1) to entities to establish Presidential Academies for Teaching of American History and Civics that may offer workshops for both veteran and new teachers of American history and civics; and (2) to entities to establish Congressional Academies for Students of American History and Civics.", "id": "H683CE4CC70CF473B9CB7A21031BF469E", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Application \nAn entity that desires to receive 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 require.", "id": "H3D1E5444D6EE4E0A9394DF00871765F", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Demonstrated expertise \nThe Secretary shall require that each entity, to be eligible to receive a grant under this section, demonstrate expertise in historical methodology or the teaching of history.", "id": "H864ECC77AEFE471CBFE13037C5C440D", "header": "Demonstrated expertise", "nested": [], "links": [] }, { "text": "(d) Available funds \nIn awarding grants under subsection (a), the Secretary may use any funds available to the Secretary to carry out education programs.", "id": "H934C72461E144E028F9D1CD8A4A14D", "header": "Available funds", "nested": [], "links": [] } ], "links": [] }, { "text": "3. National History Day Program \nThe Secretary may award grants to the National History Day Program for the purpose of continuing and expanding its activities to promote the study of history and improve instruction.", "id": "H7B79C5EB7AC24ABAB33CAEA6A360D6BE", "header": "National History Day Program", "nested": [], "links": [] } ]

[ "Civics education", "Commemorations", "Economics and Public Finance", "Elementary and secondary education", "Elementary education", "Federal aid to education", "Government Operations and Politics", "Higher education", "History", "Secondary education", "Special days", "Teacher education", "Teaching" ]

[ { "text": "1. Short title \nThis Act may be cited as the Internet Privacy Protection Act of 2004.", "id": "H5EBF20271AD04CA0BD777B6E608BCEE5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Stored electronic communications \n(a) In general \nChapter 121 of title 18, United States Code, is amended by adding at the end the following: 2713. Improper access by service provider \n(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.. (b) Clerical Amendment \nThe table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by adding at the end the following new item: 2713. Improper access by service provider.", "id": "HE3F0C967813A4428A100DBB6B488BBE8", "header": "Stored electronic communications", "nested": [ { "text": "(a) In general \nChapter 121 of title 18, United States Code, is amended by adding at the end the following: 2713. Improper access by service provider \n(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702..", "id": "HC527A42102C645D9831B152E532483A4", "header": "In general", "nested": [], "links": [ { "text": "Chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by adding at the end the following new item: 2713. Improper access by service provider.", "id": "H63AB26EE39024122974746D594C1EB06", "header": "Clerical Amendment", "nested": [], "links": [ { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] } ], "links": [ { "text": "Chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "2713. Improper access by service provider \n(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.", "id": "H4758E71D936744758EF653B1D2B55B69", "header": "Improper access by service provider", "nested": [ { "text": "(a) Offense \nExcept as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000.", "id": "HFF823A2687DD431385DA75CEAF2C8DD7", "header": "Offense", "nested": [], "links": [] }, { "text": "(b) Exceptions \nIt is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.", "id": "HDE9AB7A30E8141F2BBC9EBC223059D09", "header": "Exceptions", "nested": [], "links": [] } ], "links": [] } ]

[ "Civil Rights and Liberties, Minority Issues", "Commerce", "Electronic mail systems", "Fines (Penalties)", "Internet", "Right of privacy", "Science, Technology, Communications", "Storage", "Telecommunication industry" ]

[ { "text": "1. Short title \nThis Act may be cited as the Free and Fair Elections in Ethiopia Act.", "id": "H5BFDB3008E744EC584CDBEC56FF21B16", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) Relations between the United States and Ethiopia have improved significantly over the past decade, although human rights concerns in Ethiopia remain. The Government of the Federal Democratic Republic of Ethiopia has cooperated with the United States on a range of efforts, including combating global terrorism. (2) In 1995 and 2000, the Government of Ethiopia organized and conducted local, regional, and national elections. In 1995, some opposition parties boycotted the elections, despite offers and support by donor governments, including the United States, to help ensure free and fair elections. Opposition parties, including those outside of Ethiopia, have a responsibility and duty to play a constructive role in building democracy in Ethiopia and to engage the Government of Ethiopia in peaceful dialogue. (3) The Department of State, in its most recent country reports on human rights practices, determined that “the 2000 national elections and the 2001 regional elections [in Ethiopia] were generally free and fair in most areas but were marred by serious irregularities, including killings, disappearances, voter intimidation and harassment, and unlawful detentions of opposition party supporters, particularly in the southern region. (4) The Government of Ethiopia demonstrated its commitment to holding democratic elections in the 2000 parliamentary elections because of its willingness to re-run parliamentary elections in 14 constituencies in which elections irregularities were reported. (5) It is critical that the Government of Ethiopia, donor countries, and civil society offer an extensive and comprehensive civic education in order to prepare and educate the people of Ethiopia about their democratic rights and duties. (6) The Government of Ethiopia should ensure the safety and security of opposition party officials and prosecute and punish those local and regional officials engaged in harassment and intimidation of opposition party officials. (7) Mass media, including radio and television, remain under the control of the Government of Ethiopia. The decision of the Government of Ethiopia to issue radio broadcast licenses to private entrepreneurs is encouraging. Independent and private press, especially radio and television, are key to democracy and transparency. The decision by the Government of Ethiopia to engage the opposition in a constructive dialogue to resolve issues related to the upcoming elections, including access to the media by the opposition and reform of the electoral board, should be commended. (8) The decision by the Government of Ethiopia to allow international elections observers contributes to a more free and fair elections process and should be commended.", "id": "H7A3D423218264A68B600A2B5F7E64C3", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the Government of the Federal Democratic Republic of Ethiopia should hold orderly, peaceful, and free and fair national elections in May 2005 in order to ensure the long-term growth and stability of the country; (2) it is critical that the elections are deemed by the people of Ethiopia as free and fair and provide the winner of the election a clear mandate to govern the country; and (3) the Government of Ethiopia and opposition parties should continue their constructive dialog toward resolving elections-related issues.", "id": "H390BDFA04F4B4834A9A3DDBBCEC646F2", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Assistance to monitor the 2005 national elections in Ethiopia \nThe President, acting through the Administrator of the United States Agency for International Development, is authorized to provide assistance on a grant basis to nongovernmental organizations for elections-related activities in order to monitor the May 2005 national elections in the Federal Democratic Republic of Ethiopia and assess whether or not these elections are held on a free and fair basis.", "id": "H8643961A45214B82838EAC5D8B0043D6", "header": "Assistance to monitor the 2005 national elections in Ethiopia", "nested": [], "links": [] }, { "text": "5. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the President to carry out this Act $10,000,000 for fiscal year 2005. (b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.", "id": "H59A4230BD988409098183748D785D0D1", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the President to carry out this Act $10,000,000 for fiscal year 2005.", "id": "H841FE79A129D422CA003B3178175E416", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.", "id": "H13923FAB01B5416D802FEA4FF4ABF332", "header": "Availability", "nested": [], "links": [] } ], "links": [] } ]

[ "Africa (Sub-Saharan)", "Democracy", "Economic assistance", "Election administration", "Ethiopia", "Government Operations and Politics", "Nongovernmental organizations", "Opposition (Political science)" ]

[ { "text": "1. Short title \nThis Act may be cited as the Municipal Solid Waste Responsibility Act of 2004.", "id": "H14A6B4F6BA9A494CB2B82E76BFF6731E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interstate and international transportation and disposal of municipal solid waste \n(a) In general \nSubtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding after section 4010 the following new sections: 4011. Interstate transportation and disposal of municipal solid waste \n(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing. (b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State. (c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50. (d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State. (e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties. (f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. (g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year. (h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government. (i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5). 4012. International transportation and disposal of municipal solid waste \n(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. (b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. (c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011. 4013. Canadian transboundary movement of municipal solid waste \n(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. (b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment. (c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.. (b) Table of contents amendment \nThe table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new items: Sec. 4011. Interstate transportation and disposal of municipal solid waste Sec. 4012. International transportation and disposal of municipal solid waste Sec. 4013. Canadian transboundary movement of municipal solid waste.", "id": "H98B5DEDCCCED4BD5984DC9D8A9EDA37B", "header": "Interstate and international transportation and disposal of municipal solid waste", "nested": [ { "text": "(a) In general \nSubtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding after section 4010 the following new sections: 4011. Interstate transportation and disposal of municipal solid waste \n(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing. (b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State. (c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50. (d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State. (e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties. (f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. (g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year. (h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government. (i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5). 4012. International transportation and disposal of municipal solid waste \n(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. (b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. (c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011. 4013. Canadian transboundary movement of municipal solid waste \n(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. (b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment. (c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order..", "id": "H308444E272E2498598000049AAEC79D0", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 6941 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6941" } ] }, { "text": "(b) Table of contents amendment \nThe table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new items: Sec. 4011. Interstate transportation and disposal of municipal solid waste Sec. 4012. International transportation and disposal of municipal solid waste Sec. 4013. Canadian transboundary movement of municipal solid waste.", "id": "H302EDC1942AF4C39B2E2C9732B4606D", "header": "Table of contents amendment", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 6941 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6941" } ] }, { "text": "4011. Interstate transportation and disposal of municipal solid waste \n(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing. (b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State. (c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50. (d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State. (e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties. (f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce. (g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year. (h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government. (i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5).", "id": "H3F7910093F9C4F839EC451078198F11B", "header": "Interstate transportation and disposal of municipal solid waste", "nested": [ { "text": "(a) Restriction on receipt of out-of-State waste \n(1) In general \n(A) Authorization \nA landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator of such landfill or incinerator obtains explicit authorization (as part of a host community agreement) from the affected local government to receive the waste. (B) Requirements for authorization \nAn authorization granted pursuant to subparagraph (A) shall— (i) be granted by formal action at a meeting; (ii) be recorded in writing in the official record of the meeting; and (iii) remain in effect according to its terms. (C) Discretionary terms and conditions \nAn authorization granted pursuant to subparagraph (A) may specify terms and conditions, including an amount of out-of-State waste that an owner or operator may receive and the duration of the authorization. (D) Notification \nPromptly, but not later than 90 days after an authorization is granted, the affected local government shall notify the Governor, contiguous local governments, and any contiguous Indian tribes of an authorization granted under this subsection. (2) Information \nPrior to seeking an authorization to receive out-of-State municipal solid waste pursuant to this subsection, the owner or operator of the facility seeking such authorization shall provide (and make readily available to the Governor, each contiguous local government and Indian tribe, and any other interested person for inspection and copying) the following information: (A) A brief description of the facility, including, with respect to both the facility and any planned expansion of the facility, the size and ultimate waste capacity of the facility, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled. (B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. (C) A description of the then current environmental characteristics of the site, a description of ground water use in the area (including identification of private wells and public drinking water sources), and a discussion of alterations that may be necessitated by, or occur as a result of, the facility. (D) A description of environmental controls typically required to be used on the site (pursuant to permit requirements), including run on or run off management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. (E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. (F) A list of all required Federal, State, and local permits. (G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for preoperational and postoperational levels. (H) Any information that is required by State or Federal law to be provided with respect to any violations of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violations, and corrective action and rehabilitation measures taken as a result of the proceedings. (I) Any information that is required by State or Federal law to be provided with respect to gifts and contributions made by the owner or operator. (J) Any information that is required by State or Federal law to be provided with respect to compliance by the owner or operator with the State solid waste management plan. (3) Notification \nPrior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall— (A) notify the Governor, contiguous local governments, and any contiguous Indian tribes; (B) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing, except where State law provides for an alternate form of public notification; and (C) provide an opportunity for public comment in accordance with State law, including at least 1 public hearing.", "id": "H5BC98ECA23C94F15BC6495452FEF5B7E", "header": "Restriction on receipt of out-of-State waste", "nested": [], "links": [] }, { "text": "(b) Authorization not required for certain facilities \n(1) In general \nA landfill or incinerator may receive for disposal or incineration out-of-State municipal solid waste in the absence of an authorization under subsection (a) if each of the following requirements are met: (A) The owner or operator provides either of the following to the Governor of the State in which the landfill or incinerator is located and to the affected local government: (i) Information establishing that, before the date of enactment of this section, the owner or operator of the landfill or incinerator has entered into a host community agreement or received a State permit specifically authorizing the owner or operator to accept, at the landfill or incinerator, out-of-State municipal solid waste. This clause shall be effective only if the owner or operator complies with all of the terms and conditions of the host community agreement or permit and, in the case of a permit, notifies the affected local government of the permit, as soon as practicable but not later than 90 days after the date of enactment of this section. (ii) Information establishing that during 1993 the landfill or incinerator received shipments of out-of-State municipal solid waste. Such information shall be in such documented form as will result in criminal penalties under State law in case of false or misleading information. Such information shall include information about the date of shipment, place of origin of the waste, and the type of waste. (B) In the case of a landfill or incinerator in operation on the date of enactment of this section, the landfill or incinerator must be in compliance as of such date with applicable Federal and State environmental laws (including regulations), including, in the case of landfills, applicable laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. (2) Amount received under paragraph (1)(A)(ii) \n(A) States not exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which do not establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending 6 years after the date of enactment of this section. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending 3 years after the date of enactment of this section. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (B) States exercising ratchet authority under subsection (c)(5) \n(i) Facilities covered \nThis subparagraph shall cover only landfills and incinerators in States which establish a limit on out-of-State municipal solid waste under subsection (c)(5). (ii) Waste under contract \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 under a contract, paragraph (1)(A)(ii) shall apply to the amount of out-of-State municipal solid waste specified in the contract for the longer of the following periods: (I) The life of the later of the contract in effect in 1993 or any subsequent contract in effect as of the date of enactment of this section. (II) The period ending January 1, 2007. For purposes of subclause (I), the term life of the contract shall not include any renewal, novation, or other extension thereof (as determined under State law). (iii) Spot waste \nFor a landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 in the absence of a contract, paragraph (1)(A)(ii) shall apply to the receipt of out-of-State municipal solid waste for a period ending January 1, 2007. (iv) Contract and spot waste \nFor any landfill or incinerator covered by this subparagraph and authorized to receive out-of-State municipal solid waste pursuant to paragraph (1), if out-of-State municipal solid waste was received at such landfill or incinerator during 1993 both under a contract and otherwise, clause (ii) shall apply with respect to the waste received under the contract and clause (iii) shall apply to the other municipal solid waste received at the landfill or incinerator. (3) Availability of documentation \nThe owner or operator of a landfill or incinerator which is exempt under paragraph (1) of this subsection from the requirements of subsection (a) shall provide to the State and affected local government, and make available for inspection by the public in the affected local community, a copy of the host community agreement or other documentation required under paragraph (1). The owner or operator may omit any proprietary information contained in the contracts, but shall ensure that at least the following information is apparent: the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract. (4) Denied or revoked permits \nA landfill or incinerator may not receive for disposal or incineration out-of-State municipal solid waste in the absence of a host community agreement if the operating permit or license for the landfill or incinerator (or renewal thereof) was denied or revoked by the appropriate State agency before the date of enactment of this section unless such permit or license (or renewal) has been reinstated as of such date of enactment. (5) Waste within bi-State metropolitan statistical areas \nThe owner or operator of a landfill or incinerator in a State may receive out-of-State municipal solid waste without obtaining authorization under subsection (a) from the affected local government if the out-of-State waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area (as defined by the Office of Management and Budget and as listed by the Office of Management and Budget as of the date of enactment of this section) which contains two contiguous major cities each of which is in a different State.", "id": "HB719E1241A4A4C41A08F6F509D3067E9", "header": "Authorization not required for certain facilities", "nested": [], "links": [] }, { "text": "(c) Authority of state to restrict out-of-state municipal solid waste \n(1) Limitations on amount of waste received \n(A) Limit for all facilities in the state \nA State may limit the amount of out-of-State municipal solid waste received annually for disposal at each landfill or incinerator in the State to the limitation amount described in paragraph (2), except as provided in this subsection. No such limit may conflict— (i) with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste; or (ii) with a host community agreement entered into between the owner or operator of any such landfill or incinerator and the affected local government. (B) Conflict \nA limit referred to in subparagraph (A) shall be treated as conflicting with a permit or host community agreement if— (i) the permit or host community agreement establishes a higher limit; or (ii) the permit or host community agreement does not establish any limit, on the amount of out-of-State municipal solid waste which may be received annually at the facility. (C) Limit for particular facilities \nAt the request of an affected local government that has not executed a host community agreement, the State may limit the amount of out-of-State municipal solid waste received annually for disposal at a particular landfill or incinerator to the limitation amount described in paragraph (2). No such limit may conflict with provisions of a permit specifically authorizing the owner or operator to accept, at the facility, out-of-State municipal solid waste. (D) Effect on other laws \nNothing in this subsection shall be interpreted or construed to have any effect on any State law relating to contracts. (2) Limitation amount \nFor any landfill or incinerator that commenced receiving documented out-of-State municipal solid waste before the date of enactment of this section, the limitation amount referred to in paragraph (1) for any year shall be equal to the amount of out-of-State municipal solid waste received for disposal at the landfill or incinerator concerned during calendar year 1993. The documentation referred to in this paragraph shall be such as would result in criminal penalties in case of false or misleading information. Such documentation shall include the amount of waste received, place of origin, including the identity of the generator, date of shipment, and type of waste. (3) Other limitation amount \n(A) Except as provided in subparagraph (B), the limitation amount referred to in paragraph (1) shall be zero for a landfill or incinerator authorized to receive out-of-State municipal solid waste solely by reason of receipt in calendar year 1993 of municipal solid waste that was not received under a contract, permit, or host community agreement. (B) The limitation amount of zero referred to in subparagraph (A) shall not be applicable to receipt of any out-of-State municipal solid waste by the landfill or incinerator if the owner or operator, on the date of enactment of this section, owned the land on which the facility that received such waste is located. (4) No discrimination \nIn establishing a limitation under this subsection, a State shall act in a consistent manner that does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (5) Additional limit for municipal waste \n(A) Any State that imported more than 750,000 tons of out-of-State municipal solid waste in 1993 (in this paragraph referred to as an importing State ) may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received pursuant to the authority of subsection (b)(1) for disposal at landfills and incinerators in the importing State. A limit under this paragraph may be in addition to, or in lieu of, any other limit imposed under this subsection. A limit under this paragraph may be imposed only if each of the following requirements are met: (i) The limit shall not conflict (within the meaning of paragraph (1)(B)) with any permit or host community agreement authorizing the receipt of out-of-State municipal solid waste. (ii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 12 months before imposition of the limit. (iii) The importing State shall notify the Governor of the exporting State or States of the proposed limit at least 90 days before enforcement of the limit. (iv) The percentage reduction in the amount of out-of-State municipal solid waste which is received at each facility in the importing State at which a limit may be established under this paragraph shall be uniform for all such facilities. (B) The limit established under this paragraph shall be a percentage of the amount of out-of-State municipal solid waste generated in the exporting State during calendar year 1993 and received at facilities in the importing State in which a limit is established under this paragraph. For any calendar year after 2003, the percentage shall be as specified in the following table: Calendar year: Applicable percentage: 2004 85 2005 75 2006 65 2007 55 2008 and thereafter 50.", "id": "HE1A8CD76F65149BCA539496E2EBCC91B", "header": "Authority of state to restrict out-of-state municipal solid waste", "nested": [], "links": [] }, { "text": "(d) Needs determination \nAny comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process may take into account local and regional needs for solid waste disposal capacity. An affected local government may make a determination that there is no local or regional need for a new landfill or incinerator or major modification to an existing facility in the area under the jurisdiction of the affected local government. Such determination shall be based on a finding that the proposed facility does not have a host community agreement or is inconsistent with the capacity needs established in the comprehensive solid waste management plan adopted by the affected local government pursuant to State law. No comprehensive solid waste management plan may expressly prohibit the importation of municipal solid waste from out of State.", "id": "H4F051EFD67814E0BB5B0881B17BA22B", "header": "Needs determination", "nested": [], "links": [] }, { "text": "(e) Implementation and enforcement \nAny State may adopt such laws and regulations, not inconsistent with this section, as are necessary to implement and enforce this section, including provisions for penalties.", "id": "H174BD67D7C9B42A2AC8C97FE3013FA46", "header": "Implementation and enforcement", "nested": [], "links": [] }, { "text": "(f) Effect on Interstate commerce \nNo State limitation established as provided in subsection (c), no State planning and permitting process referred to in subsection (d), and no State law or regulation referred to in subsection (e) shall be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce.", "id": "H48B529E32BAE4D599E8EB6007CA11370", "header": "Effect on Interstate commerce", "nested": [], "links": [] }, { "text": "(g) Annual state report \nEach year the owner or operator of each landfill or incinerator receiving out-of-State municipal solid waste shall submit to the Governor of the State in which the landfill or incinerator is located information specifying the amount of out-of-State municipal solid waste received for disposal during the preceding year. Each year each such State shall publish and make available to the public a report containing information on the amount of out-of-State municipal solid waste received for disposal in the State during the preceding year.", "id": "H327EE737D51546E6BE4E08AE55D6BCE2", "header": "Annual state report", "nested": [], "links": [] }, { "text": "(h) Definitions \nFor purposes of this section: (1) Affected local government \n(A) For any landfill or incinerator, the term affected local government means— (i) the public body authorized by State law to plan for the management of municipal solid waste, a majority of the members of which are elected officials, for the area in which the landfill or incinerator is located or proposed to be located; or (ii) if there is no such body created by State law, the elected officials of the city, town, township, borough, county, or parish exercising primary responsibility for the use of land on which the facility is located or proposed to be located. No host community agreement that is entered into by the elected officials described in clause (ii) may be overturned by an act of a public body described in clause (i) if such body is created by State law after the execution of such host community agreement. (B) Two or more Governors of adjoining States may use the authority provided in section 1005(b) to enter into an agreement under which contiguous units of local government located in each of the adjoining States may act jointly as the affected local government for purposes of providing authorization for municipal solid waste generated in the jurisdiction of one of such units of local government and received for disposal or incineration in another. (2) Host community agreement \nThe term host community agreement means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that specifically authorizes the landfill or incinerator to receive out-of-State municipal solid waste. (3) Municipal solid waste \n(A) Waste included \nExcept as provided in subparagraph (B), the term municipal solid waste means— (i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and (ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials— (I) are essentially the same as materials described in clause (i); and (II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. (B) Waste not included \nThe term municipal solid waste does not include any of the following: (i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. (ii) Any solid waste, including contaminated soil and debris, resulting from— (I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); (II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or (III) a corrective action taken under this Act. (iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. (iv) Scrap rubber to be used as a fuel source. (v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. (vi) Any solid waste that is— (I) generated by an industrial facility; and (II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. (vii) Any medical waste that is segregated from or not mixed with solid waste. (viii) Sewage sludge and residuals from any sewage treatment plant. (ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. (4) Out-of-state municipal solid waste \nThe term out-of-State municipal solid waste , means, with respect to any State, municipal solid waste generated outside of the State. The term also includes municipal solid waste generated outside of the United States. (5) Specific authorization \nThe term specifically authorizes refers to an explicit authorization, contained in a host community agreement or permit, to import waste from outside the State. Such authorization may include a reference to a fixed radius surrounding the landfill or incinerator which includes an area outside the State or a reference to any place of origin , reference to specific places outside the State, or use of such phrases as regardless of origin or outside the State. The language for such authorization may vary as long as it clearly and affirmatively states the approval or consent of the affected local government or State for receipt of municipal solid waste from sources or locations outside the State from which the owner or operator of a landfill or incinerator proposes to import it. The authorization shall not include general references to the receipt of waste outside the jurisdiction of the affected local government.", "id": "HF6190DD85DAF40EB8FB5F6129578A945", "header": "Definitions", "nested": [], "links": [] }, { "text": "(i) Cost recovery surcharge \n(1) Authority \nA State may impose and collect a cost recovery surcharge on the combustion or disposal in a landfill or incinerator of out-of-State municipal solid waste in such State. (2) Limitation \nDuring the period beginning on the date of enactment of this section and ending on December 31, 2006, a State may not impose or collect a cost recovery surcharge from a facility on any out-of-State municipal solid waste that meets both of the following conditions: (A) The waste is being received at the facility under one or more contracts entered into before the date of enactment of this section. (B) The amount of waste being received in a calendar year under the contract or contracts does not exceed the amount of waste received at the facility during calendar year 2003. (3) Amount of surcharge \nThe amount of the cost recovery surcharge may be no greater than the amount necessary to recover those costs determined in conformance with paragraph (5) and in no event may exceed $2 per ton of waste. (4) Use of surcharge collected \nAll cost recovery surcharges collected by a State shall be used to fund those solid waste management programs administered by the State or its political subdivisions that incur costs for which the surcharge is collected. (5) Conditions \n(A) Subject to subparagraphs (B) and (C), a State may impose and collect a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste if— (i) the State demonstrates a cost to the State arising from the combustion or disposal within the State of a volume of municipal solid waste from a source outside the State; (ii) the surcharge is based on those costs to the State demonstrated under clause (i) that, if not paid for through the surcharge, would otherwise have to be paid or subsidized by the State; and (iii) the surcharge is compensatory and is not discriminatory. (B) In no event shall a cost recovery surcharge be imposed by a State to the extent that the cost for which recovery is sought is otherwise recovered by any other fee or tax assessed against the generation, transportation, treatment, combustion, or disposal of solid waste. (C) The grant of a subsidy by a State with respect to entities disposing of waste generated within the State does not constitute discrimination for purposes of subparagraph (A)(iii). (6) Burden of proof \nIn any proceeding in which a State invokes this subsection to justify a cost recovery surcharge on the combustion or disposal within the State of out-of-State municipal solid waste, the State shall bear the burden of establishing that the cost recovery surcharge satisfies the conditions set forth in paragraph (5).", "id": "H5C5DE0645D604B848BF574FFA300C72E", "header": "Cost recovery surcharge", "nested": [], "links": [] } ], "links": [] }, { "text": "4012. International transportation and disposal of municipal solid waste \n(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste. (b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. (c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011.", "id": "H93E9E317EECA4911B500147398D62E61", "header": "International transportation and disposal of municipal solid waste", "nested": [ { "text": "(a) Authority \nConsistent with section 4011, a State may enact a law or laws imposing limitations (including a prohibition) on the receipt and disposal of foreign municipal solid waste.", "id": "H3565A343A4C048C1943B7EFD78640083", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Effect on Interstate and foreign commerce \nNo State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce.", "id": "HF14E441B844B41B2BCA81E3D0015D9C1", "header": "Effect on Interstate and foreign commerce", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section: (1) Foreign municipal solid waste \nThe term foreign municipal solid waste means municipal solid waste generated outside of the United States. (2) Municipal solid waste \nThe term municipal solid waste has the meaning given that term in section 4011.", "id": "H9A392122704E44E5B550210019DEF7F9", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "4013. Canadian transboundary movement of municipal solid waste \n(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement. (b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment. (c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. (e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.", "id": "HE312606A11054C78BAAAF220D9F0D5AF", "header": "Canadian transboundary movement of municipal solid waste", "nested": [ { "text": "(a) Prohibition \nNo person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste, or any regulations issued to implement and enforce such agreement.", "id": "HCDFDD8673F474163B200F938D04D541F", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Administrator’s authority \nThe Administrator shall perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the agreement described in subsection (a). Upon the enactment of this section, the Administrator shall implement and enforce the notice and consent provisions of such agreement, as well as the other provisions thereof. In considering whether to consent to the importation of municipal solid waste under article 3(c) of such agreement, the Administrator shall— (1) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; and (2) consider the impact of the importation on— (A) continued public support for and adherence to State and local recycling programs; (B) landfill capacity as provided in comprehensive waste management plans; (C) air emissions from increased vehicular traffic; (D) road deterioration from increased vehicular traffic; and (E) public health and the environment.", "id": "H050BF42428B74A6C89E458F8F5DEBC05", "header": "Administrator’s authority", "nested": [], "links": [] }, { "text": "(c) Compliance orders \n(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. (2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.", "id": "H87F1FD8395DA43CC921193E7FF47633", "header": "Compliance orders", "nested": [], "links": [] }, { "text": "(d) Public hearing \nAny order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.", "id": "H0541D18312084A12B03CBA70FCFD9400", "header": "Public hearing", "nested": [], "links": [] }, { "text": "(e) Violation of compliance orders \nIf a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order.", "id": "H749C74A0B3B34B51872996FCEC128CB", "header": "Violation of compliance orders", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Treatment and reuse of agricultural wastes \nSubtitle H of the Solid Waste Disposal Act ( 42 U.S.C. 6981 et seq. ) is amended— (1) in section 8005— (A) by striking and at the end of subsection (a)(9); (B) by striking the period at the end of subsection (a)(10) and inserting ; and ; (C) by adding at the end of subsection (a) the following: (11) the benefits of alternatives to open field disposal of agricultural solid wastes (including biomass). If a municipality or an intermunicipality contains 3,000,000 or more people, the Administrator shall work with that State and its municipal and intermunicipal pollution control agencies and the agricultural waste generators in those States to address pollution reduction or public health needs, where new treatment and disposal options referred to in paragraph (11) will reduce risks to public health, improve environmental quality, and conserve landfill capacity, demonstrate the value of alternatives to agricultural solid waste disposal, and develop commercially feasible, environmentally beneficial alternatives and make those methods and means known. For purposes of the preceding sentence and paragraph (11) only, agricultural wastes shall not include urban and forest wood products, and shall include field and seed crop residues, including straws from rice and wheat, and fruit and nut crop residues, including orchard and vineyard pruning and removals. ; and (D) by adding at the end the following new subsection: (d) Definition \nFor the purposes if this section, the term pollution control agency means— (1) a single State agency designated by the Governor of that State as the official State pollution control agency for purposes of this Act; (2) an agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of pollution; (3) a city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of pollution, such other agency; (4) an agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of pollution; or (5) an agency of an Indian tribe responsible for pollution control. ; and (2) in section 8007— (A) by inserting (a) before There are ; and (B) by adding at the end the following: (b) (1) Notwithstanding the limitations provided in section 8006(f), the Administrator may implement a demonstration project relating to the subject described in section 8005(a)(11), pursuant to section 8005(b). (2) There are authorized to be appropriated for generators of diverted agricultural waste $6,000,000 to carry out the demonstration program described in paragraph (1). Such amounts shall be matched with non-Federal funding on a one-to-one basis..", "id": "H15DEE225307A48C280A4EAF6CD7EEF60", "header": "Treatment and reuse of agricultural wastes", "nested": [], "links": [ { "text": "42 U.S.C. 6981 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/6981" } ] } ]

[ "Administrative remedies", "Agricultural subsidies", "Agricultural wastes", "Agriculture and Food", "Air pollution control", "Biomass energy", "Business records", "Canada", "Civil actions and liability", "Commerce", "Crime and Law Enforcement", "Economics and Public Finance", "Energy", "Environmental assessment", "Environmental health", "Environmental law enforcement", "Environmental monitoring", "Evidence (Law)", "Export controls", "Federal-local relations", "Federal-state relations", "Fees", "Fines (Penalties)", "Foreign Trade and International Finance", "Gifts", "Government Operations and Politics", "Government contractors", "Government paperwork", "Government publicity", "Grants-in-aid", "Groundwater", "Health", "Highway maintenance", "Import restrictions", "Imports", "Incineration", "Infrastructure", "International Affairs", "International environmental cooperation", "Interstate commerce", "Interstate relations", "Labor and Employment", "Labor statistics", "Landfills", "Law", "Licenses", "Maps", "Methane", "Metropolitan areas", "Minorities", "Motor vehicle pollution control", "Municipal solid waste", "Native Americans", "Pollution control", "Pollution measurement", "Potable water", "Public health", "Recycling of waste products", "Refuse and refuse disposal", "Refuse as fuel", "Road construction", "State laws", "State-local relations", "Subpoena", "Transboundary pollution", "Transportation and Public Works", "Transportation of hazardous substances", "Treaties", "Trucks", "Urban affairs", "Water Resources Development", "Water pollution control", "Wells" ]

[ { "text": "1. Short title \nThis Act may be cited as the Atchafalaya National Heritage Area Act.", "id": "H113451DBED12456B9DA3A98BB7E3A19C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Atchafalaya Basin area of Louisiana, designated by the Louisiana Legislature as the Atchafalaya Trace State Heritage Area and consisting of the area described in section 5(b), is an area in which natural, scenic, cultural, and historic resources form a cohesive and nationally distinctive landscape arising from patterns of human activity shaped by geography. (2) The significance of the area is enhanced by the continued use of the area by people whose traditions have helped shape the landscape. (3) There is a national interest in conserving, restoring, promoting, and interpreting the benefits of the area for the residents of, and visitors to, the area. (4) The area represents an assemblage of rich and varied resources forming a unique aspect of the heritage of the United States. (5) The area reflects a complex mixture of people and their origins, traditions, customs, beliefs, and folkways of interest to the public. (6) The land and water of the area offer outstanding recreational opportunities, educational experiences, and potential for interpretation and scientific research. (7) Local governments of the area support the establishment of a national heritage area.", "id": "HA11269D0D73F4C7587D908822EC39F1B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Purposes \nThe purposes of this Act are— (1) to conserve, restore, promote, and interpret the significant resource values and functions of the Atchafalaya Basin area and advance sustainable economic development of the area; (2) to foster a close working relationship with all levels of government, the private sector, and the local communities in the area so as to enable those communities to conserve their heritage while continuing to pursue economic opportunities; and (3) to establish, in partnership with the State, local communities, preservation organizations, private corporations, and landowners in the Heritage Area, the Atchafalaya Trace State Heritage Area, as eligible parishes designated by the Louisiana Legislature, as the Atchafalaya National Heritage Area.", "id": "HE13E218B2B2F4C6D82F3DEB831B4CA4F", "header": "Purposes", "nested": [], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Heritage area \nThe term Heritage Area means the Atchafalaya National Heritage Area established by section 5(a). (2) Local coordinating entity \nThe term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 5(c). (3) Management plan \nThe term management plan means the management plan for the Heritage Area developed under section 7. (4) Secretary \nThe term Secretary means the Secretary of the Interior. (5) State \nThe term State means the State of Louisiana.", "id": "H8E160BD869E944E0A35642C580232504", "header": "Definitions", "nested": [], "links": [] }, { "text": "5. Atchafalaya National Heritage Area \n(a) Establishment \nThere is established in the State the Atchafalaya National Heritage Area. (b) Boundaries \nThe Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area. (c) Local coordinating entity \n(1) In general \nThe Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition \nThe local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area.", "id": "H010AA7DA716043409CA3A45066B6BFAD", "header": "Atchafalaya National Heritage Area", "nested": [ { "text": "(a) Establishment \nThere is established in the State the Atchafalaya National Heritage Area.", "id": "HBD47ECC500794D02AAE184E2E673D481", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Boundaries \nThe Heritage Area shall consist of parishes that are consistent with the tradition, purposes, goals, and culture of the Heritage Area as determined by the Secretary in consultation with the State. The Secretary shall give priority consideration to those parishes in Atchafalaya State Heritage Area.", "id": "HC1C8E7FF21AD4BA68DB4C9BBF54153FD", "header": "Boundaries", "nested": [], "links": [] }, { "text": "(c) Local coordinating entity \n(1) In general \nThe Atchafalaya Trace Commission shall be the local coordinating entity for the Heritage Area. (2) Composition \nThe local coordinating entity shall be composed of 1 member appointed by the governing authority of each parish within the Heritage Area.", "id": "HAE3DCFD066F9404FB648BA01E6FF99F", "header": "Local coordinating entity", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Authorities and duties of the local coordinating entity \n(a) Authorities \nFor the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may— (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties \nThe local coordinating entity shall— (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in— (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year— (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity. (c) Acquisition of real property \nNo Federal funds authorized under this Act may be used to acquire real property or any interest in real property. (d) Public meetings \nThe local coordinating entity shall conduct public meetings at least quarterly.", "id": "HE557B60CCB27424CA9687B18A77FBCEA", "header": "Authorities and duties of the local coordinating entity", "nested": [ { "text": "(a) Authorities \nFor the purposes of developing and implementing the management plan approved by the Secretary, the local coordinating entity may— (1) make grants to, and enter into cooperative agreements with, the State, units of local government, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services.", "id": "HB9C4D22102AF4710A2E43B557EFBCA90", "header": "Authorities", "nested": [], "links": [] }, { "text": "(b) Duties \nThe local coordinating entity shall— (1) submit to the Secretary for approval a management plan; (2) implement the management plan, including providing assistance to units of government and others in— (A) carrying out programs that recognize important resource values within the Heritage Area; (B) encouraging sustainable economic development within the Heritage Area; (C) establishing and maintaining interpretive sites within the Heritage Area; and (D) increasing public awareness and appreciation for the natural, historic, and cultural resources of the Heritage Area; (3) adopt bylaws governing the conduct of the local coordinating entity; and (4) for any year for which Federal funds are received under this Act, submit to the Secretary a report that describes, for the year— (A) the accomplishments of the local coordinating entity; and (B) the expenses and income of the local coordinating entity.", "id": "HE816E9641ACD4CBCAD0166F929255952", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Acquisition of real property \nNo Federal funds authorized under this Act may be used to acquire real property or any interest in real property.", "id": "H32008FEB2ABC400C9D011857723CEB92", "header": "Acquisition of real property", "nested": [], "links": [] }, { "text": "(d) Public meetings \nThe local coordinating entity shall conduct public meetings at least quarterly.", "id": "H5A3E4F4B415E41069C82818019B5D57F", "header": "Public meetings", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Management plan \n(a) In general \nThe local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area. (b) Consideration of other plans and actions \nIn developing the management plan, the local coordinating entity shall— (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area. (c) Contents \nThe management plan shall include— (1) an inventory of the resources in the Heritage Area, including— (A) a list of property in the Heritage Area that— (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes— (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan. (d) Submission to secretary for Approval \n(1) In general \nNot later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit \nIf a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary. (e) Approval \n(1) In general \nNot later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval \n(A) In general \nIf the Secretary disapproves a management plan under paragraph (1), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for Approval of revision \nNot later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (f) Revision \n(1) In general \nAfter approval by the Secretary of a management plan, the local coordinating entity shall periodically— (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds \nFunds made available under this Act shall be used only to implement the approved management plan.", "id": "H3258BB10DC3F49E59DA5CC0352D06497", "header": "Management plan", "nested": [ { "text": "(a) In general \nThe local coordinating entity shall develop a management plan for the Heritage Area that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the natural, scenic, cultural, historic, and recreational resources of the Heritage Area consistent with local, State and Federal land use laws and compatible with the economic viability of the Heritage Area.", "id": "HB87E0D38D11645C89080844FB8102774", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consideration of other plans and actions \nIn developing the management plan, the local coordinating entity shall— (1) take into consideration Federal, State, and local plans land use, laws, and plans; and (2) invite the participation of residents, public agencies, and private organizations in the Heritage Area.", "id": "H3F2DA048F5424F9CABD82DE2A7EE45B4", "header": "Consideration of other plans and actions", "nested": [], "links": [] }, { "text": "(c) Contents \nThe management plan shall include— (1) an inventory of the resources in the Heritage Area, including— (A) a list of property in the Heritage Area that— (i) relates to the purposes of the Heritage Area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the Heritage Area; (2) provisions for the conservation, interpretation, and enjoyment of the resources of the Heritage Area identified in the management plan and found by the Secretary to be consistent with this Act and consistent with economic viability of the Heritage Area; (3) an interpretation plan for the Heritage Area; and (4) a program for implementation of the management plan that includes— (A) actions that may be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the Heritage Area; and (B) the identification of existing and potential sources of funding for implementing the plan.", "id": "H3411CB6D97F6401F87F2795B4101FE1D", "header": "Contents", "nested": [], "links": [] }, { "text": "(d) Submission to secretary for Approval \n(1) In general \nNot later than 3 years after the date of the enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit \nIf a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Area is submitted to the Secretary.", "id": "HE6F35041D7B0449BA942AABE93CB6366", "header": "Submission to secretary for Approval", "nested": [], "links": [] }, { "text": "(e) Approval \n(1) In general \nNot later than 90 days after receiving the management plan submitted under subsection (d)(1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval \n(A) In general \nIf the Secretary disapproves a management plan under paragraph (1), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the local coordinating entity to submit to the Secretary revisions to the management plan. (B) Deadline for Approval of revision \nNot later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision.", "id": "HAC545BE2DB3B494A001805DC2347D55", "header": "Approval", "nested": [], "links": [] }, { "text": "(f) Revision \n(1) In general \nAfter approval by the Secretary of a management plan, the local coordinating entity shall periodically— (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan that the local coordinating entity considers to be appropriate. (2) Expenditure of funds \nFunds made available under this Act shall be used only to implement the approved management plan.", "id": "H0943CB8E26A14BD4B5B28E7F60087AB", "header": "Revision", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Requirements for inclusion of private property \n(a) Notification and consent of property owners required \nNo privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion. (b) Landowner withdraw \nAny owner of private property included within the boundary of the Heritage Area shall have that private property immediately removed from the boundary by submitting a written request to the management entity.", "id": "HA30EA2AB134449DDA2027076F6794393", "header": "Requirements for inclusion of private property", "nested": [ { "text": "(a) Notification and consent of property owners required \nNo privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent to the management entity for such preservation, conservation, or promotion.", "id": "H71606F7829A241D1A3DDBF3700002484", "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 shall have that private property immediately removed from the boundary by submitting a written request to the management entity.", "id": "H5210CF80F80D438A9E82A41F1E5FB02C", "header": "Landowner withdraw", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Private property protection \n(a) Access to private property \nNothing in this Act shall be construed to— (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability \nDesignation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on that private property. (c) Participation of private property owners in heritage area \nNothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.", "id": "H2F9B4611CB6740F1B24DAD965B5F30AC", "header": "Private property protection", "nested": [ { "text": "(a) Access to private property \nNothing in this Act shall be construed to— (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property.", "id": "H9F22CA5225704E05828713F31F48A660", "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 that private property.", "id": "H623A7EF451A74356BF7C5BBB49475C6B", "header": "Liability", "nested": [], "links": [] }, { "text": "(c) Participation of private property owners in heritage area \nNothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.", "id": "HDCB0A8A307EB4696A004A95BD0C5B997", "header": "Participation of private property owners in heritage area", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Effect of Act \nNothing in this Act— (1) grants any Federal agency regulatory authority over any interest in the Heritage Area, unless cooperatively agreed to by all involved parties; (2) modifies, enlarges, or diminishes any authority of the Federal, or State, or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of the enactment of this Act; (3) grants any power of zoning or land use to the local coordinating entity; (4) imposes any environmental, occupational, safety, or other rule, standard, or permitting process that is different from those in effect on the date of enactment of this Act that would be applicable had the Heritage Area not been established; (5) imposes any change in Federal environmental quality standards; (6) abridges, restricts, or alters any applicable rule, standard, or review procedure for permitting of facilities within or adjacent to the Heritage Area; or (7) affects the continuing use and operation, where located on the date of enactment of this Act, of any public or private facility, including any public utility or common carrier.", "id": "H029AC5E3F7164802B769B8D81B769406", "header": "Effect of Act", "nested": [], "links": [] }, { "text": "11. Authorization of Appropriations \nThere is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 shall be made available for any fiscal year.", "id": "HF93A7020CD6F4CB38E7DFE00B931A1B1", "header": "Authorization of Appropriations", "nested": [], "links": [] } ]

[ "Arts, Culture, Religion", "Civil Rights and Liberties, Minority Issues", "Commemorations", "Cultural property", "Economics and Public Finance", "Environmental Protection", "Federal-local relations", "Government Operations and Politics", "Grants-in-aid", "Historic sites", "History", "Land use", "Landowners", "Landscape protection", "Louisiana", "Nature conservation", "Outdoor recreation", "Planning", "Right of property", "Sports and Recreation", "Sustainable development", "Water Resources Development", "Watersheds" ]

[ { "text": "1. North maui coastal study \n(a) Short Title \nThis section may be cited as the North Maui Coastal Preservation Act of 2004. (b) Study \n(1) In general \nThe Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating certain lands located on the northern coast of Maui, Hawaii, as a National Seashore, National Historical Park, National Recreation Area, National Monument, National Preserve, or other unit of the National Park System. (2) Study area \nThe study area shall include the following parcels: (A) Property 1, approximately 43 acres (TMK II 3–8-01, parcel 72) stretching from Kelaakai Place in Sprecklesville to the western boundary of H.P. Baldwin Beach Park Road in Paia, and includes natural sand dunes, coastal beaches, and wetlands. (B) Property 2, approximately 17 acres known as H.P. Baldwin Park comprises TMK II 2–5-05, parcel 47 (4.6 acres) and parcel 46 (12.5 acres). (C) Property 3, approximately 4.5 acres of coastal lands stretching from the eastern border of H. P. Baldwin Park to the Maui Youth and Cultural Center known as TMK II 2–6-01, parcel 1 (3.517 acres) and parcel 4 (1.08 acres). (D) Property 4, approximately 32 acres known as TMK II 2–5-05; parcel 17. (E) Property 5, approximately 5.7 acres known as Lime Kiln Beach (TMK II 2–5-05, parcel 14). (F) Property 6, approximately 26 acres known as Stable Road Beach (TMK II 3–8-01, parcel 3). (3) Applicability of Other Law \nParagraphs (2) and (3) of section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c)(2) and (3)); commonly known as the National Park System General Authorities Act) shall apply to the study. (c) Report \nNot later than 18 months after funds are made available for this section, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b).", "id": "H3578D16DB4E14FCBB1273103B0530500", "header": "North maui coastal study", "nested": [ { "text": "(a) Short Title \nThis section may be cited as the North Maui Coastal Preservation Act of 2004.", "id": "H80866BA549B44C6A88940030BC973F67", "header": "Short Title", "nested": [], "links": [] }, { "text": "(b) Study \n(1) In general \nThe Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating certain lands located on the northern coast of Maui, Hawaii, as a National Seashore, National Historical Park, National Recreation Area, National Monument, National Preserve, or other unit of the National Park System. (2) Study area \nThe study area shall include the following parcels: (A) Property 1, approximately 43 acres (TMK II 3–8-01, parcel 72) stretching from Kelaakai Place in Sprecklesville to the western boundary of H.P. Baldwin Beach Park Road in Paia, and includes natural sand dunes, coastal beaches, and wetlands. (B) Property 2, approximately 17 acres known as H.P. Baldwin Park comprises TMK II 2–5-05, parcel 47 (4.6 acres) and parcel 46 (12.5 acres). (C) Property 3, approximately 4.5 acres of coastal lands stretching from the eastern border of H. P. Baldwin Park to the Maui Youth and Cultural Center known as TMK II 2–6-01, parcel 1 (3.517 acres) and parcel 4 (1.08 acres). (D) Property 4, approximately 32 acres known as TMK II 2–5-05; parcel 17. (E) Property 5, approximately 5.7 acres known as Lime Kiln Beach (TMK II 2–5-05, parcel 14). (F) Property 6, approximately 26 acres known as Stable Road Beach (TMK II 3–8-01, parcel 3). (3) Applicability of Other Law \nParagraphs (2) and (3) of section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c)(2) and (3)); commonly known as the National Park System General Authorities Act) shall apply to the study.", "id": "HB6E180F29BFD48998EE27DC9B78F66D5", "header": "Study", "nested": [], "links": [ { "text": "Public Law 91–383", "legal-doc": "public-law", "parsable-cite": "pl/91/383" }, { "text": "16 U.S.C. 1a–5(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/1a" } ] }, { "text": "(c) Report \nNot later than 18 months after funds are made available for this section, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b).", "id": "H3D0CDC187EE047B58DA9963DD0DC848F", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 91–383", "legal-doc": "public-law", "parsable-cite": "pl/91/383" }, { "text": "16 U.S.C. 1a–5(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/1a" } ] } ]

[ "Coastal zone", "Commemorations", "Congress", "Congressional reporting requirements", "Governmental investigations", "Hawaii", "Historic sites", "History", "Marine and coastal resources, fisheries", "National monuments", "National parks", "National recreation areas", "National seashores", "Natural areas" ]

[ { "text": "1. Short title \nThis Act may be cited as the Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act.", "id": "H03478EAC3DDC42599E4724CF7106004B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare coverage of screening ultrasound for abdominal aortic aneurysms \n(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by sections 611, 612, 613, 642, and 706 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (Y); (B) by adding and at the end of subparagraph (Z); and (C) by adding at the end the following new subparagraph: (AA) screening ultrasound for abdominal aortic aneurysm (as defined in subsection (bbb)) for an individual who has not been previously furnished such a screening ultrasound and who— (i) has a family history of abdominal aortic aneurysm; (ii) manifests risk factors for cardiovascular disease (such as smoking or hypertension); (iii) evidences arthrosclerotic vascular disease; or (iv) has other risk factors for abdominal aortic aneurysm as the Secretary may specify;. ; and (2) by adding at the end the following new subsection: (bbb) Screening ultrasound for abdominal aortic aneurysm \nThe term screening ultrasound for abdominal aortic aneurysm means— (1) a procedure using sound waves (or such other procedures using alternative technologies, of commensurate accuracy and cost, that the Secretary may specify) provided for the early detection of abdominal aortic aneurysm, and (2) includes a physician’s interpretation of the results of the procedure.. (b) Inclusion of screening ultrasound for abdominal aortic aneurysm in screening services for which education, counseling, and referral is provided for under benefits for initial preventive physical examination \nSection 1861(ww)(2) of the Social Security Act ( 42 U.S.C. 1395x(ww)(2) ), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (L) Screening ultrasound for abdominal aortic aneurysm as defined in section 1861(bbb).. (c) Payment for screening ultrasound for abdominal aortic aneurysm \n(1) Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(AA) after (2)(W). (d) Frequency and quality standards \nSection 1862(a)(1) of such Act ( 42 U.S.C. 1395m(a)(1) ), as amended by sections 303, 611, 612, and 613 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended— (1) by striking and at the end of subparagraph (L); (2) by striking the semicolon at the end of subparagraph (M) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (N) in the case of screening ultrasound for abdominal aortic aneurysm— (i) which is performed more frequently than is provided for under section 1861(s)(2)(AA); or (ii) which is performed by an individual or diagnostic laboratory that does not meet quality assurance standards established by the Secretary, including with respect to individuals performing screening ultrasound for abdominal aortic aneurysm (other than physicians) and diagnostic laboratories, that the individual or laboratory is certified by the appropriate State licensing or certification agency or, in the case of a services performed in a State that does not license or certify such individuals or laboratories, by a national certification or accreditation organization recognized by the Secretary.. (e) Non-application of part b deductible \nSection 1833(b) of such Act ( 42 U.S.C. 1395l(b) ) is amended— (1) by striking and after section 1861(jj)), ; and (2) by inserting , and (7) such deductible shall not apply with respect to screening ultrasound for abdominal aortic aneurysm (as defined in section 1861(bbb)) after 1861(nn)). (f) Consultation in establishment of quality assurance standards and designation of recognition of national accreditation organizations \nThe Secretary shall consult with national medical, vascular technologist and sonographer societies in establishing— (1) risk factors under section 1861(s)(2)(A)(iv) of the Social Security Act, as added by subsection (a)(1)(C), and (2) quality assurance standards under section 1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3). (g) Effective date \nThe amendments made by this section shall apply to screening ultrasounds for abdominal aortic aneurysm performed on or after January 1, 2005.", "id": "H7C96AFB10FE34889A79EF25BE34E79B", "header": "Medicare coverage of screening ultrasound for abdominal aortic aneurysms", "nested": [ { "text": "(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by sections 611, 612, 613, 642, and 706 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (Y); (B) by adding and at the end of subparagraph (Z); and (C) by adding at the end the following new subparagraph: (AA) screening ultrasound for abdominal aortic aneurysm (as defined in subsection (bbb)) for an individual who has not been previously furnished such a screening ultrasound and who— (i) has a family history of abdominal aortic aneurysm; (ii) manifests risk factors for cardiovascular disease (such as smoking or hypertension); (iii) evidences arthrosclerotic vascular disease; or (iv) has other risk factors for abdominal aortic aneurysm as the Secretary may specify;. ; and (2) by adding at the end the following new subsection: (bbb) Screening ultrasound for abdominal aortic aneurysm \nThe term screening ultrasound for abdominal aortic aneurysm means— (1) a procedure using sound waves (or such other procedures using alternative technologies, of commensurate accuracy and cost, that the Secretary may specify) provided for the early detection of abdominal aortic aneurysm, and (2) includes a physician’s interpretation of the results of the procedure..", "id": "HF8235D0B6A784793B11F80976BD2A7B4", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Inclusion of screening ultrasound for abdominal aortic aneurysm in screening services for which education, counseling, and referral is provided for under benefits for initial preventive physical examination \nSection 1861(ww)(2) of the Social Security Act ( 42 U.S.C. 1395x(ww)(2) ), as added by section 611(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (L) Screening ultrasound for abdominal aortic aneurysm as defined in section 1861(bbb)..", "id": "HA722A11984004D3B93698F9FC03861FF", "header": "Inclusion of screening ultrasound for abdominal aortic aneurysm in screening services for which education, counseling, and referral is provided for under benefits for initial preventive physical examination", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(ww)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(c) Payment for screening ultrasound for abdominal aortic aneurysm \n(1) Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(AA) after (2)(W).", "id": "H11E3FA024AAC44169E00B22E61258692", "header": "Payment for screening ultrasound for abdominal aortic aneurysm", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–4(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" } ] }, { "text": "(d) Frequency and quality standards \nSection 1862(a)(1) of such Act ( 42 U.S.C. 1395m(a)(1) ), as amended by sections 303, 611, 612, and 613 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended— (1) by striking and at the end of subparagraph (L); (2) by striking the semicolon at the end of subparagraph (M) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (N) in the case of screening ultrasound for abdominal aortic aneurysm— (i) which is performed more frequently than is provided for under section 1861(s)(2)(AA); or (ii) which is performed by an individual or diagnostic laboratory that does not meet quality assurance standards established by the Secretary, including with respect to individuals performing screening ultrasound for abdominal aortic aneurysm (other than physicians) and diagnostic laboratories, that the individual or laboratory is certified by the appropriate State licensing or certification agency or, in the case of a services performed in a State that does not license or certify such individuals or laboratories, by a national certification or accreditation organization recognized by the Secretary..", "id": "HC67FB61085384D6B901E3FAD49F7BA7", "header": "Frequency and quality standards", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(e) Non-application of part b deductible \nSection 1833(b) of such Act ( 42 U.S.C. 1395l(b) ) is amended— (1) by striking and after section 1861(jj)), ; and (2) by inserting , and (7) such deductible shall not apply with respect to screening ultrasound for abdominal aortic aneurysm (as defined in section 1861(bbb)) after 1861(nn)).", "id": "H0A1A29E228E64CCAB92E82FC94E335A7", "header": "Non-application of part b deductible", "nested": [], "links": [ { "text": "42 U.S.C. 1395l(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] }, { "text": "(f) Consultation in establishment of quality assurance standards and designation of recognition of national accreditation organizations \nThe Secretary shall consult with national medical, vascular technologist and sonographer societies in establishing— (1) risk factors under section 1861(s)(2)(A)(iv) of the Social Security Act, as added by subsection (a)(1)(C), and (2) quality assurance standards under section 1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3).", "id": "HD0DBBE47CA32407088305C3BC9653A9", "header": "Consultation in establishment of quality assurance standards and designation of recognition of national accreditation organizations", "nested": [], "links": [] }, { "text": "(g) Effective date \nThe amendments made by this section shall apply to screening ultrasounds for abdominal aortic aneurysm performed on or after January 1, 2005.", "id": "H27EE93DE2BEA40B493C68980CB7500AD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395x(ww)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–4(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" }, { "text": "42 U.S.C. 1395m(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395l(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] }, { "text": "3. National educational and information campaign \n(a) In general \nAfter consultation with national medical, vascular technologist and sonographer societies, the Secretary of Health and Human Services shall carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms. (b) Use of funds \nThe Secretary may use amounts appropriated pursuant to this subsection to make grants to national medical, vascular technologist, and sonographer societies (in accordance with procedures and criteria specified by the Secretary) to enable them to educate practitioners and providers about matters relating to such aneurysms. (c) Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2005 and each fiscal year thereafter such sums as may be necessary to carry out this section.", "id": "H680AE71832DE407BBE43B3C54ED4BF3F", "header": "National educational and information campaign", "nested": [ { "text": "(a) In general \nAfter consultation with national medical, vascular technologist and sonographer societies, the Secretary of Health and Human Services shall carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms.", "id": "H5284398A8F0C4BC58CCDB6FB89503E0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nThe Secretary may use amounts appropriated pursuant to this subsection to make grants to national medical, vascular technologist, and sonographer societies (in accordance with procedures and criteria specified by the Secretary) to enable them to educate practitioners and providers about matters relating to such aneurysms.", "id": "HCD11FE9A717F4FD7B626E99193CE8466", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2005 and each fiscal year thereafter such sums as may be necessary to carry out this section.", "id": "H9E4CDE3D927143E9A1CD7B25BD1767CB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Accreditation (Medical care)", "Administrative procedure", "Cardiovascular diseases", "Coinsurance", "Department of Health and Human Services", "Economics and Public Finance", "Education", "Federal aid to health facilities", "Finance and Financial Sector", "Government Operations and Politics", "Government publicity", "Health education", "Higher education", "Imaging systems in medicine", "Law", "Medical economics", "Medical education", "Medical fees", "Medical screening", "Medical tests", "Medicare", "Quality of care", "Science, Technology, Communications", "Social Welfare", "Standards" ]

[ { "text": "1. Short title \nThis Act may be cited as Active Duty Naturalization Accommodation Act of 2004.", "id": "H781BA28860CA4D7C93B7F24759B08000", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Flexibility in naturalization process for aliens in active duty status in the Armed Forces abroad \n(a) In general \nSection 332 of the Immigration and Nationality Act ( 8 U.S.C. 1443 ) is amended by adding at the end the following new subsection: (i) (1) In the case of an alien who has applied for naturalization under this chapter and who is stationed abroad (or who has received an order to be stationed abroad) in active duty status in the Armed Forces of the United States, the Secretary of Homeland Security shall provide procedures under which deadlines, interviews, and similar requirements otherwise applicable to the naturalization process for the alien are suspended until the alien is provided a period (of at least 30 days) after the date of the alien’s return to the United States after service in the Armed Forces abroad (or, in the case of rescission of such an order, the date of such rescission) in which to meet such deadlines and requirements, except as provided under paragraph (2). (2) An alien described in paragraph (1) may elect (in a form and manner specified by the Secretary of Homeland Security) to waive the application of such paragraph and to meet such deadlines and requirements notwithstanding the alien’s absence from the United States. (3) The Secretary of Homeland Security shall establish a form that an alien described in paragraph (1) may file with the Secretary (or with the Secretary of Defense under arrangements made between such Secretaries) in order to facilitate the application of paragraph (1) to the alien during the period in which such paragraph applies. However, nothing in this subsection shall be construed as requiring an alien to file such form as a condition of obtaining the benefit of paragraph (1). (4) The Secretary of Homeland Security shall provide information about this subsection to aliens applying for naturalization and, to the extent practicable, the Secretary of Defense shall inform aliens who are in active duty status in the Armed Forces of the United States abroad (or who have been ordered to perform such service abroad) of the procedures under paragraph (1) and shall make the form established under paragraph (3) available upon request.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on such date, not later than 30 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies. (c) Transition \nIn the case of an alien who, during the period beginning on September 11, 2001, and ending on the effective date specified under subsection (b), had applied for naturalization under chapter 3 of title III of the Immigration and Nationality Act, was stationed abroad (or received an order to be stationed abroad, which order was carried out) in active duty status in the Armed Forces of the United States, and, during the period of such service abroad (or after receiving such order) missed a deadline, interview, or similar requirement otherwise applicable to the naturalization process for such alien, the Secretary of Homeland Security shall provide for such relief as may be necessary to place the alien, after the end of such period, in a position that is no less favorable to the alien than the position of the alien before the time such deadline, interview, or similar requirement was missed. (d) Construction \nNothing in this section shall be construed as superseding the provisions of section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ).", "id": "HE5888606188B4EC6A959DC834FC1DC11", "header": "Flexibility in naturalization process for aliens in active duty status in the Armed Forces abroad", "nested": [ { "text": "(a) In general \nSection 332 of the Immigration and Nationality Act ( 8 U.S.C. 1443 ) is amended by adding at the end the following new subsection: (i) (1) In the case of an alien who has applied for naturalization under this chapter and who is stationed abroad (or who has received an order to be stationed abroad) in active duty status in the Armed Forces of the United States, the Secretary of Homeland Security shall provide procedures under which deadlines, interviews, and similar requirements otherwise applicable to the naturalization process for the alien are suspended until the alien is provided a period (of at least 30 days) after the date of the alien’s return to the United States after service in the Armed Forces abroad (or, in the case of rescission of such an order, the date of such rescission) in which to meet such deadlines and requirements, except as provided under paragraph (2). (2) An alien described in paragraph (1) may elect (in a form and manner specified by the Secretary of Homeland Security) to waive the application of such paragraph and to meet such deadlines and requirements notwithstanding the alien’s absence from the United States. (3) The Secretary of Homeland Security shall establish a form that an alien described in paragraph (1) may file with the Secretary (or with the Secretary of Defense under arrangements made between such Secretaries) in order to facilitate the application of paragraph (1) to the alien during the period in which such paragraph applies. However, nothing in this subsection shall be construed as requiring an alien to file such form as a condition of obtaining the benefit of paragraph (1). (4) The Secretary of Homeland Security shall provide information about this subsection to aliens applying for naturalization and, to the extent practicable, the Secretary of Defense shall inform aliens who are in active duty status in the Armed Forces of the United States abroad (or who have been ordered to perform such service abroad) of the procedures under paragraph (1) and shall make the form established under paragraph (3) available upon request..", "id": "HF1B61558A8F84950AA3F87CD007B184C", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1443", "legal-doc": "usc", "parsable-cite": "usc/8/1443" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on such date, not later than 30 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies.", "id": "H8A19E7637B0C45B89FD3BF2FE5B7A8A0", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Transition \nIn the case of an alien who, during the period beginning on September 11, 2001, and ending on the effective date specified under subsection (b), had applied for naturalization under chapter 3 of title III of the Immigration and Nationality Act, was stationed abroad (or received an order to be stationed abroad, which order was carried out) in active duty status in the Armed Forces of the United States, and, during the period of such service abroad (or after receiving such order) missed a deadline, interview, or similar requirement otherwise applicable to the naturalization process for such alien, the Secretary of Homeland Security shall provide for such relief as may be necessary to place the alien, after the end of such period, in a position that is no less favorable to the alien than the position of the alien before the time such deadline, interview, or similar requirement was missed.", "id": "HBA2AF8B43AB64E3B83F2A187D9D7A300", "header": "Transition", "nested": [], "links": [] }, { "text": "(d) Construction \nNothing in this section shall be construed as superseding the provisions of section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ).", "id": "H4C95A7E856A747A0A749FEC3B82FF46", "header": "Construction", "nested": [], "links": [ { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] } ], "links": [ { "text": "8 U.S.C. 1443", "legal-doc": "usc", "parsable-cite": "usc/8/1443" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] } ]

[ "Administrative procedure", "Administrative remedies", "Aliens", "Armed Forces and National Security", "Armed forces abroad", "Department of Homeland Security", "Government Operations and Politics", "Government paperwork", "Government publicity", "Law", "Naturalization" ]

[ { "text": "1. Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.18 Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt (CAS No. 72391-24-3) (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 articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt", "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: 9902.34.18 Benzenesulfonic acid, [[chloracety1)amino]methy1] [4-[[4-(cyclohexylamino)-9,10-dihydro-9,10-dihydro-9,10-dioxo-1 anthraceny 1]amino]phenoxy]meth y1-, monosodium salt (CAS No. 72391-24-3) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "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": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Commerce", "Dyes and dyeing", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H85690C1789B9492986C46CF2E03673C9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reduction in service-disabled veterans insurance premiums \n(a) In general \nSection 1922(a) of title 38, United States Code, is amended— (1) by inserting (1) after (a) ; and (2) by striking the fourth sentence and all that follows and inserting the following: (2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that— (A) the premium rates for such insurance— (i) for premiums for months beginning before the date of the enactment of the shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; and (ii) for premiums for months beginning on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; (B) all cash, loan, paid-up, and extended values— (i) for a policy issued under this section before the date of the enactment of the shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; and (ii) for a policy issued under this section on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; (C) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2 1/4 percent per year; (D) insurance granted under this section shall be on a nonparticipating basis; (E) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and (F) any payments on such insurance shall be made directly from such fund. (3) Appropriations to the fund referred to in subparagraphs (E) and (F) of paragraph (2) are hereby authorized. (4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance. (5) Administrative costs to the Government for the costs of the program of insurance under this section shall be paid from amounts credited to the fund under subparagraph (E) of paragraph (2), and payments for claims against the fund for amounts in excess of amounts credited to the fund under that subparagraph (after such administrative costs have been paid) shall be paid from appropriations to the fund.. (b) Conforming amendment \nSection 1982 of such title is amended by inserting 1922(a)(5), after 1920(c),.", "id": "H4C108F43F4D94EF687CB539C9F8C8E83", "header": "Reduction in service-disabled veterans insurance premiums", "nested": [ { "text": "(a) In general \nSection 1922(a) of title 38, United States Code, is amended— (1) by inserting (1) after (a) ; and (2) by striking the fourth sentence and all that follows and inserting the following: (2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that— (A) the premium rates for such insurance— (i) for premiums for months beginning before the date of the enactment of the shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; and (ii) for premiums for months beginning on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; (B) all cash, loan, paid-up, and extended values— (i) for a policy issued under this section before the date of the enactment of the shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 1/4 percent per year; and (ii) for a policy issued under this section on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; (C) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2 1/4 percent per year; (D) insurance granted under this section shall be on a nonparticipating basis; (E) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and (F) any payments on such insurance shall be made directly from such fund. (3) Appropriations to the fund referred to in subparagraphs (E) and (F) of paragraph (2) are hereby authorized. (4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance. (5) Administrative costs to the Government for the costs of the program of insurance under this section shall be paid from amounts credited to the fund under subparagraph (E) of paragraph (2), and payments for claims against the fund for amounts in excess of amounts credited to the fund under that subparagraph (after such administrative costs have been paid) shall be paid from appropriations to the fund..", "id": "H7536C85A382342BBAFF507B59A36EA7", "header": "In general", "nested": [], "links": [ { "text": "Section 1922(a)", "legal-doc": "usc", "parsable-cite": "usc/38/1922" } ] }, { "text": "(b) Conforming amendment \nSection 1982 of such title is amended by inserting 1922(a)(5), after 1920(c),.", "id": "H4966A3CE6BA84A5F81C5007779FE9EBA", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "Section 1922(a)", "legal-doc": "usc", "parsable-cite": "usc/38/1922" } ] }, { "text": "3. Increase in maximum coverage under veterans’ mortgage life insurance program to $200,000 \n(a) Increase \nSubsection (b) of section 2106 of title 38, United States Code, is amended— (1) by inserting (1) after (b) ; (2) by designating the second, third, and fourth sentences as paragraphs (2), (3), and (4), respectively; (3) in paragraph (1), as designated by paragraph (1) of this subsection, by striking may not exceed and all that follows through on the housing unit. and inserting shall be the amount of the loan outstanding on the housing unit, except that— (A) coverage may not exceed $200,000; and (B) a veteran may elect, in writing, to be covered for less than the maximum coverage available. ; and (4) in paragraph (2), as designated by paragraph (2) of this subsection, by striking of such insurance and inserting of insurance provided a veteran under this section. (b) Conforming amendment \nSubsection (g) of such section is amended by striking of this section or and inserting or an election under that subsection or by. (c) Effective date \nThe amendments made by subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act.", "id": "H2F56F0F7D659409B946100763207119F", "header": "Increase in maximum coverage under veterans’ mortgage life insurance program to $200,000", "nested": [ { "text": "(a) Increase \nSubsection (b) of section 2106 of title 38, United States Code, is amended— (1) by inserting (1) after (b) ; (2) by designating the second, third, and fourth sentences as paragraphs (2), (3), and (4), respectively; (3) in paragraph (1), as designated by paragraph (1) of this subsection, by striking may not exceed and all that follows through on the housing unit. and inserting shall be the amount of the loan outstanding on the housing unit, except that— (A) coverage may not exceed $200,000; and (B) a veteran may elect, in writing, to be covered for less than the maximum coverage available. ; and (4) in paragraph (2), as designated by paragraph (2) of this subsection, by striking of such insurance and inserting of insurance provided a veteran under this section.", "id": "H5D812B1425014EB0A658F846C5252C4B", "header": "Increase", "nested": [], "links": [ { "text": "section 2106", "legal-doc": "usc", "parsable-cite": "usc/38/2106" } ] }, { "text": "(b) Conforming amendment \nSubsection (g) of such section is amended by striking of this section or and inserting or an election under that subsection or by.", "id": "HE293686DCBBA4E799DC94EFCAD1AC04", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act.", "id": "H56BACBD1AD3A4592A877E682503DBDA6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 2106", "legal-doc": "usc", "parsable-cite": "usc/38/2106" } ] } ]

[ "Annuities", "Disabled", "Economics and Public Finance", "Finance and Financial Sector", "Government insurance", "Housing and Community Development", "Insurance premiums", "Interest rates", "Labor and Employment", "Life insurance", "Mortality", "Mortgages", "Revolving funds", "Valuation", "Veterans' benefits", "Veterans' pensions" ]

[ { "text": "1. Short title \nThis Act may be cited as the Flagship Species Conservation Act of 2004.", "id": "HAE10186589AC41379715F99CF6EECF85", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nThe Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs. (b) Purpose \nThe purpose of this Act is to conserve flagship species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships.", "id": "H974B0137756B46489D875506B509BD34", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nThe Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many of those species are listed under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the United States and other countries, and the private sector. (4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage additional support for conservation in countries where those species exist in the wild. (5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs.", "id": "H79EC183A8E2448F70047A8AA3FD4EC03", "header": "Findings", "nested": [], "links": [ { "text": "16 U.S.C. 1533", "legal-doc": "usc", "parsable-cite": "usc/16/1533" } ] }, { "text": "(b) Purpose \nThe purpose of this Act is to conserve flagship species of fauna throughout the world, and the ecosystems on which those species depend, by supporting the conservation programs for those species and the CITES Secretariat, promoting partnerships between the public and private sectors, and providing financial resources for those programs and partnerships.", "id": "H7C6DB194A6A249D58751C40000530046", "header": "Purpose", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1533", "legal-doc": "usc", "parsable-cite": "usc/16/1533" } ] }, { "text": "3. Definitions \nIn this Act: (1) Account \nThe term Fund means the Flagship Species Conservation Fund established by section 5. (2) CITES \nThe term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices and amendments. (3) Conservation \nThe term conservation means the use of methods and procedures necessary to bring a flagship species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including— (A) protection and management of populations of a flagship species; (B) maintenance, management, protection, and restoration of habitat of a flagship species; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (4) Fish or wildlife \nThe term fish or wildlife means any mammal, fish, bird, or reptile. (5) Flagship species \nThe term flagship species — (A) subject to subparagraph (B), means a species of fish or wildlife— (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) or that is listed in Appendix I or II of CITES; (ii) whose range is wholly outside of the United States; and (iii) that appeals to the public and has other features that make it suitable for communicating conservation concerns; and (B) does not include African elephants, Asian elephants, rhinoceros, tigers, great apes, neotropical migratory birds, and marine turtles. (6) Multinational species conservation fund \nThe term Multinational Species Conservation Fund means the fund established under the heading multinational species conservation fund in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 4246 ). (7) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H733A588FD06F4F63B3D5005B29843BC2", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 1533", "legal-doc": "usc", "parsable-cite": "usc/16/1533" }, { "text": "16 U.S.C. 4246", "legal-doc": "usc", "parsable-cite": "usc/16/4246" } ] }, { "text": "4. Flagship species conservation assistance \n(a) In general \nSubject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accordance with this section. (b) Project proposals \n(1) Eligible applicants \nA proposal for a project for the conservation of a flagship species may be submitted to the Secretary by— (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that flagship species. (2) Required information \nA project proposal shall include— (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of— (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species that is the subject of the project; and (ii) how the project will benefit that species and other species that reside within the same habitat; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project review and approval \n(1) In general \nThe Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval \nNot later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country described in subparagraph (A). (d) Criteria for approval \nThe Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. (e) Project sustainability \nTo the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of flagship species and their nesting habitats. (f) Matching funds \nIn determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project reporting \n(1) In general \nEach person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public \nReports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public.", "id": "H0A0C62DE49564E6BB5AC5006E0BEC936", "header": "Flagship species conservation assistance", "nested": [ { "text": "(a) In general \nSubject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accordance with this section.", "id": "H327EE9AB1E2D4522A160074BCAF2BAA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Project proposals \n(1) Eligible applicants \nA proposal for a project for the conservation of a flagship species may be submitted to the Secretary by— (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority over fish or wildlife and the activities of the agency directly or indirectly affect the species; (B) the CITES Secretariat; or (C) any person with demonstrated expertise in the conservation of that flagship species. (2) Required information \nA project proposal shall include— (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of— (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species that is the subject of the project; and (ii) how the project will benefit that species and other species that reside within the same habitat; (C) a description of the qualifications of the individuals who will conduct the project; (D) an estimate of the funds and time required to complete the project; (E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act.", "id": "HD21DF87537004C64B9FC570004007E78", "header": "Project proposals", "nested": [], "links": [] }, { "text": "(c) Project review and approval \n(1) In general \nThe Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval \nNot later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the person that submitted the project proposal, other Federal officials, and each country described in subparagraph (A).", "id": "H2A2113E44A5D47968B97D1E6FD0924C0", "header": "Project review and approval", "nested": [], "links": [] }, { "text": "(d) Criteria for approval \nThe Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs.", "id": "H9C4133F62BE546BA8DE0A17662BA33BE", "header": "Criteria for approval", "nested": [], "links": [] }, { "text": "(e) Project sustainability \nTo the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of flagship species and their nesting habitats.", "id": "HC0A406C9D2084A51B7C981001490F0A3", "header": "Project sustainability", "nested": [], "links": [] }, { "text": "(f) Matching funds \nIn determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available.", "id": "H2E39FFB3D63543BCAF6C35B204E56E67", "header": "Matching funds", "nested": [], "links": [] }, { "text": "(g) Project reporting \n(1) In general \nEach person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public \nReports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public.", "id": "HD1D823535FCA443F8182781767B89852", "header": "Project reporting", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Flagship species conservation fund \n(a) Establishment \nThere is established in the Multinational Species Conservation Fund a separate account to be known as the Flagship Species Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund \n(1) In general \nSubject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses \nOf the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund \nThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts \n(1) In general \nThe amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments \nProper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations \nThe Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.", "id": "HF01E7EA078B641B4AA59B27101E93E41", "header": "Flagship species conservation fund", "nested": [ { "text": "(a) Establishment \nThere is established in the Multinational Species Conservation Fund a separate account to be known as the Flagship Species Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c).", "id": "HBEA2CCCBCC4B49F090456F5499971D18", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Expenditures from fund \n(1) In general \nSubject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses \nOf the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.", "id": "HF47B3B7C1DE3492588A2F8E274E07423", "header": "Expenditures from fund", "nested": [], "links": [] }, { "text": "(c) Investment of amounts \n(1) In general \nThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations \nFor the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations \nAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund \nThe interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.", "id": "HB9161C0595A943B3A745BB545FED2F9", "header": "Investment of amounts", "nested": [], "links": [] }, { "text": "(d) Transfers of amounts \n(1) In general \nThe amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments \nProper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.", "id": "H02E13E0C5C1C40DB829633E2C7E560EE", "header": "Transfers of amounts", "nested": [], "links": [] }, { "text": "(e) Acceptance and use of donations \nThe Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.", "id": "H091C4E734EA34B55009FFCFE84387EF", "header": "Acceptance and use of donations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Advisory group \n(a) In general \nTo assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species. (b) Public participation \n(1) Meetings \nThe Advisory Group shall— (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice \nThe Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes \nMinutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.", "id": "H885F44480BC1407AB8D84E5307BF28E8", "header": "Advisory group", "nested": [ { "text": "(a) In general \nTo assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species.", "id": "H367207D9BB7245EEBB00D311D0DD84C8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Public participation \n(1) Meetings \nThe Advisory Group shall— (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice \nThe Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes \nMinutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.", "id": "H59E3DD19A7464532B2B9B452F41DBE9", "header": "Public participation", "nested": [], "links": [] }, { "text": "(c) Exemption from Federal Advisory Committee Act \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.", "id": "HE35A914C7454400EAF2C0080B5F8844E", "header": "Exemption from Federal Advisory Committee Act", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Authorization of appropriations \nThere is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2005 through 2007.", "id": "HF458606FD17F4C418183F00303A1D510", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "8. Report to congress \nNot later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this Act, including— (1) recommendations concerning how this Act might be improved, including guidelines for determining species that are flagship species; and (2) recommendations concerning whether the Fund should be continued in the future.", "id": "HFEA76A16EE5343C1A6D9420020C8C8C7", "header": "Report to congress", "nested": [], "links": [] } ]

[ "Animals", "Congress", "Congressional reporting requirements", "Crime and Law Enforcement", "Economics and Public Finance", "Endangered species", "Environmental Protection", "Environmental law enforcement", "Environmental monitoring", "Environmental research", "Federal advisory bodies", "Foreign Trade and International Finance", "Gifts", "Government Operations and Politics", "Government paperwork", "Government publicity", "Government trust funds", "Habitat conservation", "International Affairs", "International environmental cooperation", "Public meetings", "Restoration ecology", "Wild animal trade", "Wildlife conservation" ]