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[ { "text": "That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: — 1. The right of citizens of the United States to vote in the election for President and Vice President shall not be denied or abridged by the United States or by any State on account of residency in a territory or commonwealth of the United States. 2. The Congress shall have power to enforce this article by appropriate legislation..", "id": "H1A038F87AB4843A295611F39500066E0", "header": null }, { "text": "1. The right of citizens of the United States to vote in the election for President and Vice President shall not be denied or abridged by the United States or by any State on account of residency in a territory or commonwealth of the United States.", "id": "H9889E5DFE8584413BB51B92DC4C063BF", "header": null }, { "text": "2. The Congress shall have power to enforce this article by appropriate legislation.", "id": "H2E88C8A9A2024127B1E5CB2300B145ED", "header": null } ]

[ { "text": "That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: — A person who is a citizen of the United States, who has been a citizen of the United States for at least 20 years, and who is otherwise eligible to hold the Office of the President, is not ineligible to hold that Office by reason of not being a native born citizen of the United States..", "id": "H224BA3C924E4404DB641DAB77ED79DBB", "header": null }, { "text": "A person who is a citizen of the United States, who has been a citizen of the United States for at least 20 years, and who is otherwise eligible to hold the Office of the President, is not ineligible to hold that Office by reason of not being a native born citizen of the United States.", "id": "HED0C27E638294E729FF0F7EFB200DE1B", "header": null } ]

[ { "text": "That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: — 1. The President and Vice President shall be elected by the people of the several States and the district constituting the seat of government of the United States. 2. The electors in each State shall have the qualifications requisite for electors of the most populous branch of the legislature of the State; although Congress may establish uniform age qualifications. 3. Each elector shall cast a single vote for two persons who have consented to the joining of their names as candidates for President and Vice President. No elector shall be prohibited from casting a vote for a candidate for President or Vice President because either candidate, or both, are inhabitants of the same State as the elector. 4. The pair of candidates having the greatest number of votes for President and Vice President shall be elected. 5. The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be determined by Congress. 6. The Congress may by law provide for the case of the death or any other disqualification of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen; and for the case of a tie in any election. 7. This article shall take effect one year after the first day of January following ratification..", "id": "HCBE34C9C464D86A8468B5D99A4B6CFF", "header": null }, { "text": "1. The President and Vice President shall be elected by the people of the several States and the district constituting the seat of government of the United States.", "id": "H481210324C1FEC7B353FFFB6CD0D6E8", "header": null }, { "text": "2. The electors in each State shall have the qualifications requisite for electors of the most populous branch of the legislature of the State; although Congress may establish uniform age qualifications.", "id": "HF5FC13C140C6207505676EB75300D7E", "header": null }, { "text": "3. Each elector shall cast a single vote for two persons who have consented to the joining of their names as candidates for President and Vice President. No elector shall be prohibited from casting a vote for a candidate for President or Vice President because either candidate, or both, are inhabitants of the same State as the elector.", "id": "H2A98B86A48027A99231579B1DDB8EDA", "header": null }, { "text": "4. The pair of candidates having the greatest number of votes for President and Vice President shall be elected.", "id": "H3CF8351B4D2F2B700F6E4FBE9600FDA", "header": null }, { "text": "5. The times, places, and manner of holding such elections and entitlement to inclusion on the ballot shall be determined by Congress.", "id": "H51329A064745F2053053439FC3B5D02", "header": null }, { "text": "6. The Congress may by law provide for the case of the death or any other disqualification of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen; and for the case of a tie in any election.", "id": "H8C5B48014E2DCE63F1D978BA6FEF5DA", "header": null }, { "text": "7. This article shall take effect one year after the first day of January following ratification.", "id": "H7039F86343F724A4266AD1BEC5A1C8D", "header": null } ]

[ { "text": "That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: — 1. Whenever the right to choose the President devolves upon the House of Representatives, the Members of the House shall cast votes on an individual basis, and the candidate receiving the greatest number of votes cast by the Members shall be the President so long as such number is a majority of the votes cast. 2. For purposes of a meeting of the House to cast votes under section 1, a majority of the House shall constitute a quorum, except that a member or Members must be present from at least two-thirds of the States..", "id": "H43D28DB40168463EB6C4D92DC167FD2F", "header": null }, { "text": "1. Whenever the right to choose the President devolves upon the House of Representatives, the Members of the House shall cast votes on an individual basis, and the candidate receiving the greatest number of votes cast by the Members shall be the President so long as such number is a majority of the votes cast.", "id": "HB1AF5D3DB6AD4BC8A178A8EB3BE7002E", "header": null }, { "text": "2. For purposes of a meeting of the House to cast votes under section 1, a majority of the House shall constitute a quorum, except that a member or Members must be present from at least two-thirds of the States.", "id": "H3CFFDBC0D6DE45269C92C5923E34CA8F", "header": null } ]

[ { "text": "That Congress— (1) recognizes the 60th anniversary of the the battle in the European theater of operations during World War II known as the Battle of the Bulge, which began with a German surprise attack in the Ardennes forest region of Belgium and Luxembourg and ended with an Allied victory that made possible the defeat of Nazi Germany four months later; (2) honors those who gave their lives during the Battle of the Bulge; (3) authorizes the President to issue a proclamation calling upon the people of the United States to honor the veterans of the Battle of the Bulge with appropriate programs, ceremonies, and activities; and (4) reaffirms the bonds of friendship between the United States and both Belgium and Luxembourg.", "id": "HC4F0B39815064D009CA200B9652004D", "header": null } ]

[ { "text": "1. Access to Navassa and Desecheo National Wildlife Refuges \n(a) Access, generally \nThe Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (in this section referred to as the Secretary ), shall provide public access to, use of, and recreational opportunities at the Navassa National Wildlife Refuge and Desecheo National Wildlife Refuge under special use permits issued under the first section of Public Law 87–714 ( 16 U.S.C. 460k ), popularly known as the Refuge Recreation Act, section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ), and regulations issued under this section. (b) Time limitations \nThe Secretary— (1) subject to paragraph (2), may limit access to such refuges to specific time periods in any year; and (2) shall provide access to each refuge during at least one period each year. (c) Priority \nIn issuing special use permits under this section, the Secretary shall give priority to consideration of permit applications that do not negatively impact opportunities for wildlife-dependent recreation. (d) Conditions \nThe Secretary may include in any permit issued under this section conditions that the Secretary determines are necessary to protect fish and wildlife populations and their habitat or public health and safety. (e) Regulations \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary shall issue regulations governing the issuance of special use permits under this section. (2) Contents \nRegulations under this subsection shall establish for each of the Navassa National Wildlife Refuge and Desecheo National Wildlife Refuge— (A) the dates for which access may be provided; (B) the process for submitting an application for a special use permit; and (C) the minimum information required to be included in a permit application.", "id": "H3EFB5B09D08B42D685CD00B87DAB8983", "header": "Access to Navassa and Desecheo National Wildlife Refuges" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD679E63F0BFE45C8BEFAEBCBFF07980", "header": "Short title" }, { "text": "101. Findings \nThe Congress makes the following findings: (1) Decisions at many international organizations and other multilateral institutions, including membership and key positions, remain subject to determinations made by regional groups where democratic states are often in the minority and where there is intensive cooperation among repressive regimes. As a result, the United States has often been blocked in its attempts to take action in these institutions to advance its goals and objectives, including at the United Nations Human Rights Commission (where a representative of Libya was elected as chairman and the United States temporarily lost a seat). (2) In order to address these shortcomings, the United States must actively work to improve the workings of international organizations and multilateral institutions, particularly by creating a caucus of democratic countries that will advance United States interests. In the second Ministerial Conference of the Community of Democracies in Seoul, Korea, on November 10-20, 2002, numerous countries recommended working together as a democracy caucus in international organizations such as the United Nations and ensuring that international and regional institutions develop and apply democratic standards for member states.", "id": "H35DE3F53E78142D6B1FC7700C3532EE6", "header": "Findings" }, { "text": "102. Establishment of a democracy caucus \n(a) In general \nThe President of the United States, acting through the Secretary of State and the relevant United States chiefs of mission, shall seek to establish a democracy caucus at the United Nations, the United Nations Human Rights Commission, the United Nations Conference on Disarmament, and at other broad-based international organizations. (b) Purposes of the caucus \nA democracy caucus at an international organization should— (1) forge common positions, including, as appropriate, at the ministerial level, on matters of concern before the organization and work within and across regional lines to promote agreed positions; (2) work to revise an increasingly outmoded system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization.", "id": "H2A79B8C5F51440C3912E32F3FE00F9D", "header": "Establishment of a democracy caucus" }, { "text": "103. Annual diplomatic missions on multilateral issues \nThe Secretary of State, acting through the principal officers responsible for advising the Secretary on international organizations, shall ensure that a high-level delegation from the United States Government, on an annual basis, is sent to consult with key foreign governments in every region in order to promote the United States agenda at key international fora, such as the United Nations General Assembly, United Nations Human Rights Commission, the United Nations Education, Science, and Cultural Organization, and the International Whaling Commission.", "id": "H565706A8ABCF47D6BB9D52FC017F646D", "header": "Annual diplomatic missions on multilateral issues" }, { "text": "104. Leadership and membership of international organizations \n(a) United States policy \nThe President, acting through the Secretary of State and the relevant United States chiefs of mission, shall use the voice, vote, and influence of the United States to— (1) where appropriate, reform the criteria for leadership and, in appropriate cases for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the United Nations and other international organizations and multilateral institutions, of which the United States is a member, that a member state may not stand in nomination or be in rotation for a leadership position in such bodies if the member state is subject to sanctions imposed by the United Nations Security Council; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position in such organizations, or for membership of the United Nations Security Council, if the member state is subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act. (b) Report to Congress \nNot later than 15 days after a country subject to a determination under section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or section 6(j) of the Export Administration Act of 1979 is selected for a leadership post in an international organization of which the United States is a member or a membership of the United Nations Security Council, the Secretary of State shall submit to the appropriate congressional committees a report on any steps taken pursuant to subsection (a)(3).", "id": "HCA06BBF5414042CC001DCF2AF3EF5BB", "header": "Leadership and membership of international organizations" }, { "text": "105. Increased training in multilateral diplomacy \n(a) Training programs \nSection 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding after subsection (b) the following new subsection: (c) Training in multilateral diplomacy \n(1) In general \nThe Secretary shall establish a series of training courses for officers of the Service, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments. (2) Particular programs \nThe Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the service. in particular, the Secretary shall ensure that after January 1, 2006— (A) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry of the Service; and (B) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy towards such organizations and institutions or towards participation in broad-based multilateral negotiations of international instruments receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.. (b) Training for civil service employees \nThe Secretary shall ensure that employees of the Department of State that are members of the civil service and that are assigned to positions described in section 708(c) of the Foreign Service Act of 1980 (as amended by this subtitle) have training described in such section. (c) Conforming amendments \nSection 708 of such Act is further amended— (1) In subsection (a) by striking (a) The and inserting (a) Training on human rights.— The ; and (2) In subsection (b) by striking (b) The and inserting (b) Training on refugee law and religious persecution.— The.", "id": "H8C4D6FCE9F7D47868814F7CD963603D", "header": "Increased training in multilateral diplomacy" }, { "text": "106. Promoting assignments to international organizations \n(a) Promotions \n(1) In general \nSection 603(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4003 ) is amended by striking the period at the end and inserting: , and shall consider whether the member of the Service has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect January 1, 2011. (b) Establishment of a multilateral diplomacy cone in the foreign service \n(1) Findings \nCongress finds the following: (A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral institutions, including missions in New York, Brussels, Geneva, Rome, Montreal, Nairobi, Vienna, and Paris, and which are responsible for United States representation to the United Nations Economics, Scientific and Cultural Organization (UNESCO) and the Organization on Economic Cooperation and Development (OECD). (B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, or whose primary responsibility is, to represent the United States to such organizations and institutions or at multilateral negotiations. (C) Given the large number of positions in the United States and abroad that are dedicated to multilateral diplomacy, the Department of State may be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy. (2) 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— (A) evaluating whether a new cone should be established for the Foreign Service that concentrates on members of the Service that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (B) provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy.", "id": "H52ECB1F9FF714A6EB7C47C574DF9946F", "header": "Promoting assignments to international organizations" }, { "text": "107. Implementation and establishment of Office on Multilateral Negotiations \n(a) Establishment of office \nThe Secretary of State is authorized to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations (in this section referred to as the special representative ). (b) Appointment \nThe special representative shall be appointed by the President with the advice and consent of the Senate and shall have the rank of Ambassador-at-Large. At the discretion of the President another official at the Department may serve as the special representative. The President may direct that the special representative report to the Assistant Secretary for International Organizations. (c) Staffing \nThe special representative shall have a staff of foreign service and civil service officers skilled in multilateral diplomacy. (d) Duties \nThe special representative shall have the following responsibilities: (1) In general \nThe primary responsibility of the special representative shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies. (2) Advisory role \nThe special representative shall advise the President and the Secretary of State, as appropriate, regarding advocacy at international organizations and multilateral institutions and negotiations and, in coordination with the assistant Secretary of State for international organizational affairs, shall make recommendations regarding— (A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations; (B) the need for and timing of high level intervention by the President, the Secretary of State, the Deputy Secretary of State, and other United States officials to secure support from key foreign government officials for the United States position at such organizations, institutions, and negotiations; (C) the composition of United States delegations to multilateral negotiations; and (D) liaison with Congress, international organizations, nongovernmental organizations, and the private sector on matters affecting multilateral negotiations. (3) Democracy caucus \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall ensure the establishment of a democracy caucus. (4) Annual diplomatic missions of multilateral issues \nThe special representative, in coordination with the Assistant Secretary for International Organizational Affairs, shall organize annual diplomatic missions to appropriate foreign countries to conduct consultations between principal officers responsible for advising the Secretary of State on international organizations and high-level representatives of the governments of such foreign countries to promote the United States agenda at the United Nations General Assembly and other key international fora (such as the United Nations Human Rights Commission). (5) Leadership and membership of international organizations \nThe special representative, in coordination with the Assistant Secretary of International Organizational Affairs, shall direct the efforts of the United States Government to reform the criteria for leadership and membership of international organizations as described in section 104. (6) Participation in multilateral negotiations \nThe special representative, or members of the special representative’s staff, may, as required by the President or the Secretary of State, serve on a United States delegation to any multilateral negotiation. (e) Report \nNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a plan to establish a democracy caucus to the appropriate congressional committees. The report required by section 106(b)(2) may be submitted together with the report under this subsection.", "id": "H949534B6B2D041B49C8526F802B65B4", "header": "Implementation and establishment of Office on Multilateral Negotiations" }, { "text": "108. Definition \nIn this title, the term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.", "id": "H88020181A51F4155AA0993696E4568E7", "header": "Definition" }, { "text": "201. Reports relating to Magen David Adom society \n(a) Findings \nSection 690(a) of the Foreign Relations Authorization Act , Fiscal Year 2003 ( Public Law 107–228 ) is amended by adding at the end the following: (5) Since the founding of the Magen David Adom in 1930, the American Red Cross has regarded it as a sister national society forging close working ties between the two societies and has consistently advocated recognition and membership of the Magen David Adom in the International Red Cross and Red Crescent Movement. (6) The American Red Cross and Magen David Adom signed an important memorandum of understanding in November 2002, outlining areas for strategic collaboration, and the American Red Cross will encourage other societies to establish similar agreements with Magen David Adom.. (b) Sense of Congress \nSection 690(b) of such Act is amended— (1) in paragraph (3) after the semicolon by striking and ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) the High Contracting Parties to the Geneva Conventions of August 12, 1949, should adopt the October 12, 2000, draft additional protocol which would accord international recognition to an additional distinctive emblem; and. (c) Report \nSection 690 of such Act is further amended by adding at the end the following: (c) Report \nNot later than 60 days after the date of the enactment of the United States International Leadership Act of 2004, and annually thereafter, the Secretary of State shall submit a report, on a classified basis if necessary, to the appropriate congressional committees describing— (1) efforts by the United States to obtain full membership for the Magen David Adom in the International Red Cross Movement; (2) efforts by the International Committee of the Red Cross to obtain full membership for the Magen David Adom in the International Red Cross Movement; (3) efforts of the High Contracting Parties to the Geneva Convention of 1949 to adopt the October 12, 2000, draft additional protocol; and (4) the extent to which the Magen David Adom of Israel is participating in the activities of the International Red Cross and Red Crescent Movement..", "id": "H8FBD2DC515CF499FA0650700C9009B20", "header": "Reports relating to Magen David Adom society" }, { "text": "202. Voluntary Contribution to Organization of American States \nThere are authorized to be appropriated $2,000,000 for a United States voluntary contribution to the Organization of American States for the Inter-American Committee Against Terrorism (CICTE) to identify and develop a port in the Latin American and Caribbean region into a model of best security practices and appropriate technologies for improving port security in the Western Hemisphere. Amounts authorized to be appropriated under this section are authorized to remain available until expended and are in addition to amounts otherwise available to carry out section 301 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ).", "id": "H2885F02FBE074170A0FD39F66CDB96FD", "header": "Voluntary Contribution to Organization of American States" }, { "text": "203. Combatting the piracy of United States copyrighted materials \n(a) Authorization of appropriations \nIn addition to such amounts as may otherwise be authorized to be appropriated for such purpose, there are authorized to be appropriated for the Department of State, $10,000,000 to carry out the following activities in countries that are not members of the Organization for Economic Cooperation and Development (OECD): (1) Provision of equipment and training for foreign law enforcement, including in the interpretation of intellectual property laws. (2) Training for judges and prosecutors, including in the interpretation of intellectual property laws. (3) Assistance in complying with obligations under appropriate international copyright and intellectual property treaties and agreements. (b) Consultation with World Intellectual Property Organization \nIn carrying out subsection (a), the Department of State should make every effort to consult with, and provide appropriate assistance to, the World Intellectual Property Organization to promote the integration of non-OECD countries into the global intellectual property system.", "id": "H017CED87276D44D8B856ACDC92C399AE", "header": "Combatting the piracy of United States copyrighted materials" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Secure Domestic Container Partnership Act of 2004.", "id": "HB299D35CCE39497CA927C4BB5E1FE8D9", "header": "Short title" }, { "text": "2. Empty shipping container sealing pilot program \n(a) Authorization of program \nChapter 701 of title 46, United States Code, is amended by adding at the end the following: 70122. Empty shipping container sealing pilot program \n(a) In general \nThe Secretary of Homeland Security shall carry out an empty shipping container sealing pilot program in accordance with this section to encourage shipping container handlers to seal empty shipping containers after they have unpacked them. (b) Program components \nUnder the pilot program, the Secretary may authorize a shipper, cargo carrier, freight forwarder, terminal operator, port authority, or labor organization that is a qualified container handler to secure, under a seal approved by the Secretary, a shipping container that is emptied by the person. (c) Qualified container handler requirements \nThe Secretary shall issue requirements for treating a person as a qualified container handler for purposes of this section. (d) Deadline for implementation \nNot later than July 1, 2005, the Secretary shall— (1) ensure that shipping containers are being sealed pursuant to this section; and (2) report to the Congress steps that have been taken to implement this section, including the number of shipping containers that have been sealed under this section. (e) Consultation \nIn carrying out this section, the Secretary shall consult with persons conducting other programs to develop industry standards for shipping container seals. (f) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary $100,000.. (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: 70122. Empty shipping container sealing pilot program.", "id": "H367E794862CA460295C3C8BAD465A47", "header": "Empty shipping container sealing pilot program" }, { "text": "70122. Empty shipping container sealing pilot program \n(a) In general \nThe Secretary of Homeland Security shall carry out an empty shipping container sealing pilot program in accordance with this section to encourage shipping container handlers to seal empty shipping containers after they have unpacked them. (b) Program components \nUnder the pilot program, the Secretary may authorize a shipper, cargo carrier, freight forwarder, terminal operator, port authority, or labor organization that is a qualified container handler to secure, under a seal approved by the Secretary, a shipping container that is emptied by the person. (c) Qualified container handler requirements \nThe Secretary shall issue requirements for treating a person as a qualified container handler for purposes of this section. (d) Deadline for implementation \nNot later than July 1, 2005, the Secretary shall— (1) ensure that shipping containers are being sealed pursuant to this section; and (2) report to the Congress steps that have been taken to implement this section, including the number of shipping containers that have been sealed under this section. (e) Consultation \nIn carrying out this section, the Secretary shall consult with persons conducting other programs to develop industry standards for shipping container seals. (f) Authorization of appropriations \nTo carry out this section there is authorized to be appropriated to the Secretary $100,000.", "id": "HC29B6DEE798542B594D3DCD9F40AF43", "header": "Empty shipping container sealing pilot program" } ]

[ { "text": "1. General William Carey Lee Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 1115 South Clinton Avenue in Dunn, North Carolina, shall be known and designated as the General William Carey Lee 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 General William Carey Lee Post Office Building.", "id": "H4C917759DF64453196E037838CD32600", "header": "General William Carey Lee Post Office Building" } ]

[ { "text": "1. Windfall elimination provision restricted to total monthly amounts in excess of $2,500 \nSection 215(a)(7) of the Social Security Act ( 42 U.S.C. 415(a)(7) ) is amended— (1) in subparagraph (A), by inserting after service’), the following: if the sum of the individual’s primary insurance amount under paragraph (1) of this subsection and the portion of the monthly periodic payment which is attributable to noncovered service performed after 1956 (with such attribution being based on the proportionate number of years of such noncovered service) is greater than $2,500, then ; (2) in the second sentence of subparagraph (B)(i), by striking (with such attribution being based on the proportionate number of years of such noncovered service) and inserting (as determined under subparagraph (A)) ; (3) in the last sentence of subparagraph (B)(i), by striking the larger of and all that follows through subsection (i)) and inserting the following: the primary insurance amount determined under paragraph (1), reduced (before the application of subsection (i)) by the applicable percentage determined under clause (iii) of the excess of such amount over the larger of the two amounts computed under the preceding two sentences, ; and (4) by adding at the end of subparagraph (B) the following new clause: (iii) For purposes of clause (i), the applicable percentage in connection with any individual is the product (not greater than 100 percent) derived by multiplying 2.5 percentage points by the quotient determined under this clause. The quotient determined under this clause is the quotient derived by dividing— (I) the excess of the sum referred to in subparagraph (A) over $2,500, by (II) $20.85, rounded to the next higher multiple of 1 where such amount is a multiple of 0.5 and to the nearest multiple of 1 in any other case..", "id": "HD944E3D57F9D48B3A5AFF00456FCDDE", "header": "Windfall elimination provision restricted to total monthly amounts in excess of $2,500" }, { "text": "2. Effective date \nThe amendments made by section 1 shall apply with respect to benefits for months after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act , the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments made by section 1.", "id": "H424FA6CAF7B7454E004B5567211CAFD8", "header": "Effective date" } ]

[ { "text": "1. Establishment of Nebraska Avenue Naval Complex, District of Columbia, as headquarters for the Department of Homeland Security \n(a) Establishment of headquarters \nUpon the transfer under section 2 of the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex, the Secretary of the Department of Homeland Security is authorized to establish the Nebraska Avenue Complex as the headquarters of the Department of Homeland Security for so long as the Secretary determines that the Nebraska Avenue Complex is appropriate for such purposes, or until otherwise provided by law. (b) Payment of initial relocation costs \nSubject to the availability of appropriations for this purpose, the Secretary of the Department of Homeland Security shall be responsible for the payment of— (1) all reasonable costs, including costs to move furnishings and equipment, related to the initial relocation of Department of the Navy activities from the Nebraska Avenue Complex; and (2) all reasonable costs incident to the initial occupancy by such activities of interim leased space, including rental costs for the first year. (c) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated to the Department of Homeland Security such sums as may be necessary for fiscal years 2005 through 2007.", "id": "HF871D6AA19084B9A007DE16996003DD1", "header": "Establishment of Nebraska Avenue Naval Complex, District of Columbia, as headquarters for the Department of Homeland Security" }, { "text": "2. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia \n(a) Transfer required \nExcept as provided in subsection (b), the Secretary of the Navy shall transfer to the administrative jurisdiction of the Administrator of General Services the parcel of Department of the Navy real property in the District of Columbia known as the Nebraska Avenue Complex for the purpose of permitting the Administrator to use the Complex to accommodate the Department of Homeland Security. The Complex shall be transferred in its existing condition. (b) Authority to retain military family housing \nAt the option of the Secretary of the Navy, the Secretary may retain administrative jurisdiction over that portion of the Complex that, as of the date of the enactment of this Act, is being used to provide Navy family housing. (c) Time for transfer \nNot later than January 1, 2005, the Secretary of the Navy shall complete the transfer of administrative jurisdiction over the portion of the Complex required to be transferred under subsection (a). (d) Relocation of navy activities \nAs part of the transfer of the Complex under subsection (a), the Secretary of the Navy shall relocate Department of the Navy activities at the Complex to other locations. (e) Payment of long-term relocation costs \n(1) Sense of congress regarding payment \nIt is the sense of the Congress that the Secretary of the Navy should receive, from Federal agencies other than the Department of Defense, funds authorized and appropriated for the purpose of covering all reasonable costs, not paid under section 1(b), that are incurred or will be incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex under subsection (d). (2) Submission of cost estimates \nAs soon as practicable after the date of the enactment of this Act , the Secretary of the Navy shall submit to the Director of the Office of Management and Budget and the Congress an initial estimate of the amounts that will be necessary to cover the costs to permanently relocate Department of the Navy activities from the portion of the Complex to be transferred under subsection (a). The Secretary shall include in the estimate anticipated land acquisition and construction costs. The Secretary shall revise the estimate as necessary whenever information regarding the actual costs for the relocation is obtained. (f) Treatment of funds \n(1) Funds received by the Secretary of the Navy, from sources outside the Department of Defense, to relocate Department of the Navy activities from the Complex shall be used to pay the costs incurred by the Secretary to permanently relocate Department of the Navy activities from the Complex. A military construction project carried out using such funds is deemed to be an authorized military construction project for purposes of section 2802 of title 10, United States Code. Section 2822 of such title shall continue to apply to any military family housing unit proposed to be constructed or acquired using such funds. (2) When a decision is made to carry out a military construction project using such funds, the Secretary of the Navy shall notify Congress in writing of that decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. (g) Effect of failure to receive sufficient funds for relocation costs \n(1) Congressional notification \nAt the end of the three-year period beginning on the date of the transfer of the Complex under subsection (a), the Secretary of the Navy shall submit to Congress a report— (A) specifying the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a); (B) specifying the total amount of the initial relocation costs paid by the Secretary of the Department of Homeland Security under section 1(b); and (C) specifying the total amount of appropriated funds received by the Secretary of the Navy, from sources outside the Department of Defense, to cover the permanent relocation costs. (2) Role of omb \nThe Secretary of the Navy shall obtain the assistance and concurrence of the Director of the Office of Management and Budget in determining the total amount needed to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a), as required by paragraph (1)(A). (3) Certification regarding relocation costs \nNot later than 30 days after the date on which the report under paragraph (1) is required to be submitted to Congress, the President shall certify to Congress whether the amounts specified in the report pursuant to subparagraphs (B) and (C) of such paragraph are sufficient to cover both the initial and permanent costs of relocating Department of the Navy activities from the portion of the Complex transferred under subsection (a). The President shall make this certification only after consultation with the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the House of Representatives and the Chairmen and ranking minority members of the Committee on Armed Services and the Committee on Appropriations of the Senate. (4) Restoration of complex to navy \nIf the President certifies under paragraph (3) that amounts referred to in subparagraphs (B) and (C) of paragraph (1) are insufficient to cover Navy relocation costs, the Administrator of General Services, at the request of the Secretary of the Navy, shall restore the Complex to the administrative jurisdiction of the Secretary of the Navy. (5) Navy sale of complex \nIf administrative jurisdiction over the Complex is restored to the Secretary of the Navy, the Secretary shall convey the Complex by competitive sale. Amounts received by the United States as consideration from any sale under this paragraph shall be deposited in the special account in the Treasury established pursuant to section 572(b) of title 40, United States Code.", "id": "H5C54247E89024941AD0018663998A567", "header": "Transfer of jurisdiction, Nebraska Avenue Naval Complex, District of Columbia" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H33D2EA3DC6A248BC917598B190C374B", "header": "Short title" }, { "text": "2. Extension of military extraterritorial jurisdiction to personnel and contractor personnel of any Federal agency or provisional authority supporting the mission of the Department of Defense overseas \nSection 3267(1)(A) of title 18, United States Code, is amended to read as follows: (A) employed as— (i) a civilian employee of— (I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas; (ii) a contractor (including a subcontractor at any tier) of— (I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas; or (iii) an employee of a contractor (or subcontractor at any tier) of— (I) the Department of Defense (including a nonappropriated fund instrumentality of the Department); or (II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas;.", "id": "HD74FBC9BF3614039A1C4F100BAA07433", "header": "Extension of military extraterritorial jurisdiction to personnel and contractor personnel of any Federal agency or provisional authority supporting the mission of the Department of Defense overseas" } ]

[ { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Samuel de Champlain 400th Commemoration Commission Act of 2004.", "id": "H7C7325424F294ABFBA3D9FA7B3A335BD", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds that— (1) Samuel de Champlain (1567–1635) was a French explorer and navigator who mapped much of northeastern North America and established a settlement in Quebec; (2) in 1609, Champlain entered the valley where he observed the lake that today carries his name, Lake Champlain, which borders the States of Vermont and New York and a portion of the border between Canada and the United States; (3) the 8,234 square mile Lake Champlain Basin is an extraordinary cultural, historical, and recreational resource that had a significant role in the history and culture of pre-European America, colonial North America, and the formation and early development of the United States; (4) Lake Champlain has a recognized national significance, not only for scenic beauty, but also for the impact of the lake on the local, regional, and national economy; (5) Lake Champlain is supported by a watershed of more than 8,200 square miles and supports a regional economy of more than $9,000,000,000; (6) the importance of Lake Champlain spreads throughout the Northeast, because residents of New England and the Mid-Atlantic States cherish the lake and the resources of the lake for recreational, ecological, and scenic values; and (6) the States of Vermont and New York have both established Champlain 400th Commemoration Commissions. (b) Purpose \n(1) In general \nThe purpose of this Act is to establish the Samuel de Champlain 400th Commemoration Commission to provide technical and financial assistance to the States of Vermont and New York and communities in the States to commemorate— (A) the arrival of Samuel de Champlain into the Champlain Valley; and (B) the heritage of the greater Lake Champlain Basin. (2) Inclusions \nThe assistance described in paragraph (1) shall, at a minimum— (A) ensure a suitable national observance, in 2009, of the Samuel de Champlain anniversary by complementing the programs and activities of the States of Vermont and New York; (B) cooperate with and assist the programs and activities of the States in commemorating the Samuel de Champlain 2009 anniversary; (C) assist in ensuring that the commemoration provides an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the Champlain Valley; (D) assist in ensuring that the Samuel de Champlain 2009 observances are inclusive and appropriately recognize the experiences and heritage of all peoples present when Samuel de Champlain arrived in the Champlain Valley; (E) provide assistance to States, localities, and nonprofit organizations in the development of programs, activities, and facilities to recognize the cultural and historical significance of Lake Champlain; (F) facilitate international involvement in the Samuel de Champlain 2009 commemoration; (G) support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Samuel de Champlain commemoration; (H) support and facilitate the related efforts of the Lake Champlain Basin Program and the Champlain 400th Commemoration Commissions established by the States of Vermont and New York; and (I) assist in the appropriate development of heritage tourism and economic benefits to the United States.", "id": "H37E1A4FA696543DA00A6C5491D16FEA3", "header": "Findings and purpose" }, { "text": "3. Definitions \nIn this Act: (1) Commemoration \nThe term commemoration means the commemoration of the 400th anniversary of Samuel de Champlain first arriving in the Champlain Valley in 1609. (2) Commission \nThe term Commission means the Samuel de Champlain 400th Commemoration Commission established by section 4(a). (3) Governor \nThe term Governor means the Governor of each State. (4) Lake Champlain Basin Program \nThe term Lake Champlain Basin Program means the partnership with Federal agencies established by the States of Vermont and New York to implement the Lake Champlain management plan entitled Opportunities for Action. (5) Secretary \nThe term Secretary means the Secretary of the Interior. (6) State \n(A) In general \nThe term State means— (i) the State of Vermont; and (ii) the State of New York. (B) Inclusions \nThe term State includes agencies and entities of each State specified in subparagraph (A).", "id": "H9FA43687456547BE8521ECD82CEDA3E", "header": "Definitions" }, { "text": "4. Samuel de Champlain 400th Commemoration Commission \n(a) In general \nThere is established a commission to be known as the Samuel de Champlain 400th Commemoration Commission. (b) Membership \n(1) In general \nThe Commission shall be composed of 13 members, of whom— (A) 4 members shall be appointed by the Secretary from the Champlain 400th Commemoration Commission established by the State of Vermont, after consideration of the recommendations of the Governor of Vermont; (B) 4 members shall be appointed by the Secretary, from the Champlain 400th Commemoration Commission established by the State of New York, after consideration of the recommendations of the Governor of New York; (C) 2 members shall be employees of the National Park Service, of whom— (i) 1 member shall be the Director of the National Park Service (or a designee); and (ii) 1 member shall be an employee of the National Park Service having experience relevant to the commemoration, to be appointed by the Secretary; and (D) 3 members shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration, to be appointed by the Secretary. (2) Term; vacancies \n(A) Term \nA member of the Commission shall be appointed for the life of the Commission. (B) Vacancies \n(i) In general \nA vacancy on the Commission shall be filled in the same manner as the original appointment was made. (ii) Partial term \nA member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings \n(A) In general \nThe Commission shall meet— (i) at least twice each year; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting \n(A) In general \nThe Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum \nA majority of the members of the Commission shall constitute a quorum. (5) Chairperson and vice Chairperson \n(A) In general \nThe Commission shall annually elect the Chairperson and the Vice Chairperson of the Commission from among the members of the Commission. (B) Authority \nThe Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson. (c) Duties \n(1) In general \nThe Commission shall— (A) plan, develop, and execute programs and activities appropriate for the commemoration; (B) generally facilitate activities relating to the commemoration throughout the United States; (C) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of Lake Champlain; (D) consult with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities for the commemoration; (E) provide technical assistance to States, localities, and nonprofit organizations to carry out activities relating to the commemoration; (F) coordinate and facilitate public scholarly research on the history of Samuel de Champlain and the Lake Champlain basin; and (G) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs, projects, and facilities. (2) Plans; reports \n(A) Strategic plan; annual performance plans \nIn accordance with section 306 of title 5, United States Code, and section 1115 of title 31, United States Code, the Commission shall prepare a strategic plan and annual performance plans for the activities of the Commission carried out under this Act. (B) Final report \nNot later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains— (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. (d) Powers of the Commission \nThe Commission may— (1) accept and dispose of donations of money, personal services, and personal property related to the settling of the Champlain Basin and the significance of Lake Champlain in the history of the United States; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission, either directly or with administrative assistance from the Lake Champlain Basin Program, shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, with assistance from the Lake Champlain Basin Program, make grants in amounts not to exceed $25,000 to communities and nonprofit organizations to develop programs and facilities to assist in the commemoration and recognition of Lake Champlain cultural and historical resources and projects; (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of the Champlain Valley; and (8) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration. (e) Commission personnel matters \n(1) Compensation of members of the Commission \n(A) In general \nExcept as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees \nA member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses \nA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff \n(A) In general \nThe Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel, including personnel appointed from the Lake Champlain Basin Program, as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director \nThe employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation \n(A) In general \nExcept as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay \nThe rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees \n(A) Federal employees \n(i) In general \nAt the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status \nThe detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees \nThe Commission may— (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (C) Lake Champlain Basin Program employees \nThe Commission may— (i) accept the services of personnel from the Lake Champlain Basin Program; and (ii) reimburse the Lake Champlain Basin Program for the services of detailed personnel. (5) Volunteer and uncompensated services \nNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services \nThe Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of temporary and intermittent services \nThe Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) FACA nonapplicability \nSection 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No effect on authority \nNothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. (i) Termination \nThe Commission shall terminate on December 31, 2010.", "id": "H99539536F0834496AEA2536FF1552078", "header": "Samuel de Champlain 400th Commemoration Commission" } ]

[ { "text": "1. Suspension of duty on othro nitro aniline \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: 9902.34.24 Othro nitro aniline (CAS No. 88-74-4) (provided for in subheading 2921.42.90) 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": "Suspension of duty on othro nitro aniline" } ]

[ { "text": "1. Grants for cluster-based economic development \n(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 214. Grants for cluster-based economic development \n(a) Definitions \nIn this section, the following definitions apply: (1) Cluster \nThe term cluster means a cluster of entities that are engaged— (A) in similar industries; and (B) in joint activities to boost competitiveness and growth. (2) Eligible applicant \nThe term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization. (3) Region \nThe term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a). (b) Grants \nOn the application of an eligible applicant, the Secretary may make grants— (1) to assess clusters in a region; (2) to assess the needs of entities involved in a region; (3) to market cluster development programs in a region; and (4) to support staff to operate cluster programs in a region. (c) Maximum assistance for each region \nNot more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region. (d) Cost sharing \n(1) In general \nThe Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions \nNot more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section \nSection 204 shall not apply to this section. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.. (b) Conforming amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 213 the following: Sec. 214. Grants for cluster-based economic development.", "id": "H3D3C1E28EBA541149C79A015E693F95F", "header": "Grants for cluster-based economic development" }, { "text": "214. Grants for cluster-based economic development \n(a) Definitions \nIn this section, the following definitions apply: (1) Cluster \nThe term cluster means a cluster of entities that are engaged— (A) in similar industries; and (B) in joint activities to boost competitiveness and growth. (2) Eligible applicant \nThe term eligible applicant means— (A) a State or local government; (B) an institution of higher education; or (C) a nonprofit economic development organization. (3) Region \nThe term region means an area— (A) that is determined by the Secretary to qualify for grants under this section; and (B) that, on the date of submission of an application for a grant under this section, meets 1 or more of the criteria described in section 301(a). (b) Grants \nOn the application of an eligible applicant, the Secretary may make grants— (1) to assess clusters in a region; (2) to assess the needs of entities involved in a region; (3) to market cluster development programs in a region; and (4) to support staff to operate cluster programs in a region. (c) Maximum assistance for each region \nNot more than $1,000,000 of the amounts made available to carry out this section may be expended in any 1 region. (d) Cost sharing \n(1) In general \nThe Federal share of the cost of a project carried out using funds made available under this section shall be 50 percent. (2) In-kind contributions \nNot more than 50 percent of the non-Federal share of the cost of a project carried out using funds made available under this section may be provided through in-kind contributions. (3) Inapplicability of certain section \nSection 204 shall not apply to this section. (e) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.", "id": "H0178BD1DA3244D8895E3F76600EC6EA7", "header": "Grants for cluster-based economic development" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Washington National Opera Commemorative Coin Act of 2004.", "id": "H22B997737A574348AA97FFCB04C0436D", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) The Washington National Opera has served as the Nation’s opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the National Opera by an Act of Congress to reflect the significant national arts leadership role of the Opera. (3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists. (6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning.", "id": "H6F428A54A917410A872E459F9B045EA5", "header": "Findings" }, { "text": "3. COIN SPECIFICATIONS \n(a) $1 Coins \nThe Secretary of the Treasury (hereafter in this Act referred to as the ‘‘Secretary’’) shall mint and issue not more than 300,000 $1 coins, each of which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "HA6454CF4281A46D99C242900E8CF22", "header": "COIN SPECIFICATIONS" }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the Washington National Opera. (2) Designation and inscriptions \nOn each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2010 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the Board ); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code.", "id": "HD4383ECDD4DF4711A4DBACB362C523CA", "header": "Design of coins" }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility \nNot more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of minting authority \nNo coins shall be minted under this Act after December 31, 2010. (e) First use of year 2010 date \nThe coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ‘‘2010’’. (f) Promotion consultation \nThe Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act.", "id": "H57B4D7E42ED54C50BCDEA3343BE4F671", "header": "Issuance of coins" }, { "text": "6. Sale of coins \n(a) Sale price \nNotwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to— (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders at a discount \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "HD5F045DB388E4F11B48B1ED4AAB8C730", "header": "Sale of coins" }, { "text": "7. Surcharges \n(a) Surcharge required \nAll sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits \nThe Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.", "id": "H58D84226ED7F468BA9B2D3CE94E0C4F8", "header": "Surcharges" } ]

[ { "text": "1. Naturalization of Dylan Brian Benwell \nNotwithstanding the provisions of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), Dylan Brian Benwell, shall be held and considered to be a naturalized citizen of the United States as of the date of the enactment of this Act and shall be furnished by the Secretary of Homeland Security with a certificate of such naturalization.", "id": "H749C97C0A6BD413885EB35982D5F008C", "header": "Naturalization of Dylan Brian Benwell" } ]

[ { "text": "1. Extension of medicare cost-sharing for the medicare part b premium for qualifying individuals \n(a) In general \nSection 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) ) is amended by striking 2004 and inserting 2005. (b) Total amount available for allocation \nSection 1933(g) of such Act ( 42 U.S.C. 1396u–3(g) ) is amended to read as follows: (g) Special rules \n(1) In general \nWith respect to each period described in paragraph (2), a State shall select qualifying individuals, subject to paragraph (3), and provide such individuals with assistance, in accordance with the provisions of this section as in effect with respect to calendar year 2003, except that for such purpose— (A) references in the preceding subsections of this section to a year, whether fiscal or calendar, shall be deemed to be references to such period; and (B) the total allocation amount under subsection (c) for such period shall be the amount described in paragraph (2) for that period. (2) Periods and total allocation amounts described \nFor purposes of this subsection— (A) for the period that begins on January 1, 2004, and ends on September 30, 2004, the total allocation amount is $300,000,000; (B) for the period that begins on October 1, 2004, and ends on December 31, 2004, the total allocation amount is $100,000,000; and (C) for the period that begins on January 1, 2005, and ends on September 30, 2005, the total allocation amount is $300,000,000. (3) Rules for periods that begin after January 1 \nFor any specific period described in subparagraph (B) of paragraph (2), the following applies: (A) The specific period shall be treated as a continuation of the immediately preceding period in that calendar year for purposes of applying subsection (b)(2) and qualifying individuals who received assistance in the last month of such immediately preceding period shall be deemed to be selected for the specific period (without the need to complete an application for assistance for such period). (B) The limit to be applied under subsection (b)(3) for the specific period shall be the same as the limit applied under such subsection for the immediately preceding period. (C) The ratio to be applied under subsection (c)(2) for the specific period shall be the same as the ratio applied under such subsection for the immediately preceding period..", "id": "H5CD564C455064E70891ED6E6FE9BF574", "header": "Extension of medicare cost-sharing for the medicare part b premium for qualifying individuals" } ]

[ { "text": "1. Increase amount of capital losses which may offset ordinary income \n(a) In general \nParagraph (1) of section 1211(b) of the Internal Revenue Code of 1986 (relating to limitation on capital losses for taxpayers other than corporations) is amended by striking $3,000 ($1,500 and inserting $9,000 (1/2 such amount. (b) Adjustment for Inflation \nSection 1211 of such Code (relating to limitation on capital losses) is amended by adding at the end the following new subsection: (c) Adjustment for Inflation \n(1) In general \nIn the case of any taxable year beginning in a calendar year after 2004, the $9,000 amount contained in subsection (b)(1) shall be increased by an amount equal to— (A) such 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. (2) Rounding \nIf any increase determined under paragraph (1) is not a multiple of $1,000, such increase shall be rounded to the next highest multiple of $1,000.. (c) Effective Date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HBAB9492D239441769155862F69B63100", "header": "Increase amount of capital losses which may offset ordinary income" } ]

[ { "text": "1. Union Chapel Fossil Footprint Site Preservation Act \n(a) Short title \nThis section may be cited as the Union Chapel Fossil Footprint Site Preservation Act. (b) Findings \nCongress finds the following: (1) Fossils have scientific and educational value and it is in the national interest to preserve and protect sites of paleontological significance. (2) The former Union Chapel Mine site is a paleontologically significant site that has been the focus of an extensive collaborative effort over the past 2½ years by amateur collectors and professional paleontologists from the Geological Survey of Alabama, the University of Alabama, Emory University, the University of Florida, and the University of South Alabama. (3) The former Union Chapel Mine site is significant because it has yielded an unusually large quantity of rare pre-dinosaur fossil trackways dating from the early Pennsylvanian Period (approximately 310 million years ago, about 100 million years before the first dinosaurs). (4) Material obtained from spoil piles at the former Union Chapel Mine site includes over 1,300 vertebrate and invertebrate tracks, some new to science, as well as a wide array of fossil plants. The trackways are due mainly to primitive amphibians, horseshoe crabs, and other arthropods. These tracks now comprise the largest collection of specimens documenting the existence of these animals in north central Alabama during the Coal Age. (5) An extensive photographic database of over 1,800 digital images has been compiled using material from the former Union Chapel Mine site. (6) At least 4 presentations at scientific meetings have been delivered relating to findings at the site and a monograph and 2 manuscripts for publication in scientific journals are being prepared. (7) It is estimated by geologists working at the former Union Chapel Mine site that far more fossil material exists within the remaining spoil piles at the site and that undisturbed tracks and other trace fossils within the adjoining high wall may constitute an unparalleled resource for scientific exploration of this ancient ecosystem. (8) The former Union Chapel Mine site has now been recognized by international experts in the field as the most important Coal Age footprint site in the world. (c) Purposes \nThe purposes of this Act are the following: (1) To grant a permanent exemption from the requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ), for further reclamation of the site to the owner of the former Union Chapel Mine site. (2) To authorize the complete restoration of funds held in escrow regarding the former Union Chapel Mine site to the New Acton Coal Mining Company, Inc. (d) Application of certain law \nThe requirements of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ), shall not apply to the owner of the former Union Chapel Mine site regarding further reclamation of that site. (e) Return of funds in escrow \nAll funds held in escrow on the date of the enactment of this Act pending further reclamation of the former Union Chapel Mine site by the Director of the Surface Coal Mining Commission of the State of Alabama may be returned to the New Acton Coal Mining Company, Inc. (f) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of the Interior $500,000 for the following: (1) To preserve and protect the paleontological resources located within the exterior boundaries of the former Union Chapel Mine site. (2) To provide opportunities for scientific research in a manner compatible with paragraph (1). (3) To provide the public with opportunities for educational activities in a manner compatible with paragraph (1). (g) Former Union Chapel Mine site \nFor the purposes of this section, the term former Union Chapel Mine site means the 35 acres of land (and all related facilities and other appurtenances thereon) generally depicted on the map entitled Union Chapel Mine , ASMC permit number 3778, for permanent preservation of that property.", "id": "H4B5D86FA7D4049509F74A7BE68FD9B52", "header": "Union Chapel Fossil Footprint Site Preservation Act" } ]

[ { "text": "1. Suspension of duty on p-nitrobenzoic acid (PNBA) \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: 9902.34.31 p-nitrobenzoic acid (CAS No. 62-23-7) (provided for in subheading 2916.39.75) Free No change No change On or before 12/31/2008. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on p-nitrobenzoic acid (PNBA)" } ]

[ { "text": "1. Voucher assistance \n(a) Cancellation of contract \nNotwithstanding any other provision of law, upon payment in full of the obligation under the mortgage for the East Crown Apartments in Akron, Ohio, that is insured by the Secretary of Housing and Urban Development under section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ) and the availability, to the public housing agency referred to in subsection (b), of the rental assistance specified in such subsection, the Secretary of Housing and Urban Development shall terminate the following agreements relating to such property: (1) The Regulatory Agreement and the Use Agreement and Second Amendment of Regulatory Agreement for FHA Project No. 042-44059/042-10016. (2) Housing Assistance Payments Contract No. OH 12L000199. (b) Tenant-based rental assistance \nThe Secretary of Housing and Urban Development shall make available to the Akron Metropolitan Housing Authority of Akron, Ohio, tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) in the amount necessary to provide incremental vouchers under such section for 108 families. Rental assistance amounts made available under this section shall be used only for families who are residing in the property described in subsection (a) upon the date of the termination of the agreements described in such subsection. (c) Funding \nAny amounts previously obligated for housing assistance for the property described in subsection (a) that become unobligated because of the termination of the contract referred to in paragraph (2) of such subsection shall be used by the Secretary of Housing and Urban Development in providing assistance under subsection (b).", "id": "HC7BBB7F0887D444E87A240B890070080", "header": "Voucher assistance" } ]

[ { "text": "1. Suspension of duty on Acid red 336 \n(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.09 Acid red 336 (CAS No. 71873-39-7) (provided for in subheading 3204.12.20) Free No Change No Change On or before 12/31/2007 (b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H2D2EC6800B944E53ACED5274E714E807", "header": "Suspension of duty on Acid red 336" } ]

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

[ { "text": "1. Short Title \nThis Act may be cited as the Safe Online Drug Act of 2004.", "id": "H0F324395BB3844868436DF7515003326", "header": "Short Title" }, { "text": "2. Internet sales of prescription drugs \n(a) In general \nChapter 5 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 sales of prescription drugs \n(a) Uniform certification standard for internet pharmacies \n(1) In general \n(A) Prohibitions \nSubject to subparagraph (B), it is a violation of this section— (i) for any person to sell or offer for sale a prescription drug or a restricted device through an Internet site— (I) if the Internet site fails to meet the standards established under paragraph (2); or (II) if the Internet site fails to comply with all State and Federal regulations for operating as an Internet pharmacy; and (ii) for any person to own or operate an illegal Internet pharmacy. (B) Exception \nAny person who sells or offers to sell a prescription drug or restricted device 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 meets the certification standards adopted by the Secretary under paragraph (2). (2) Establishment of uniform standard for internet pharmacy certification \n(A) In general \nThe Secretary, acting through the Commissioner of the Food and Drug Administration, shall establish a program under which all Internet pharmacies operating in the United States are certified by the Secretary as meeting the requirements of this section for certification. (B) Conditions for certification \nAs a condition of certifying an Internet pharmacy under subparagraph (A), the Secretary shall require the following with respect to such pharmacy: (i) Verification that, in each State in which the pharmacy engages in pharmaceutical activities, the pharmacy, and all the employees and agents of the pharmacy, are in compliance with applicable laws regarding— (I) the practice of pharmacy, including licensing laws and inspection requirements; and (II) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping such substances to consumers. (ii) Verification of controls to ensure that a prescription drug or restricted device is dispensed by the pharmacy only pursuant to a valid prescription, including circumstance in which the drug is shipped or mailed from a country under whose laws the drug is not a prescription drug. (iii) An agreement by the pharmacy that, upon certification under subparagraph (A), the facilities and business practices of the pharmacy will be subject to inspection by the Secretary to the extent appropriate to determine whether the pharmacy is in compliance with conditions under this subsection. (iv) The prominent display of contact information for the pharmacy, including a telephone number, an electronic mail address, a mailing address, and (if different from the mailing address) the address for the physical location of the principal place of business of the pharmacy. (v) The prominent display of complete and accurate information concerning the ownership and management of the pharmacy, including addresses and contact information. (vi) The prominent display of the seal provided for under subparagraph (C). (vii) The prominent display of a statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. (viii) A certification from the person who owns or manages the pharmacy that a certification under subparagraph (A) for the pharmacy has not previously been terminated by the Secretary, and that no other Internet pharmacy owned or managed by such person has received a certification under subparagraph (A) that has been terminated by the Secretary. (ix) Meaningful and accessible opportunities for a consumer to consult with a licensed pharmacist regarding a drug prior to the time at which the pharmacy dispenses the drug to the consumer. (x) Controls to ensure that the Internet pharmacy provides for authentication and security of prescription orders. (xi) Effective, accessible systems for communication with consumers, including systems for consumer reporting of adverse drug reactions and errors, systems by which consumers can effectively track and report problems with unfulfilled orders, systems for the investigation and redress of consumer complaints, and systems facilitating effective communication between the pharmacy and consumers concerning drug recalls. (xii) Controls to ensure the protection of patient privacy and confidentiality, including but not limited to the prevention of unauthorized internal and external use of personally-identifiable patient information. (xiii) Adherence to a quality assurance policy meeting standards established by the Secretary. (xiv) An agreement by the pharmacy that the pharmacy will notify the Secretary within 10 days concerning any change in information submitted under this subsection as a condition of certification under subparagraph (A). (xv) Such additional criteria as the Secretary determines, after notice and opportunity for comment, to be appropriate for the sound operation of certified pharmacies or the protection of consumers. (C) Seal \nThe Secretary shall provide for a seal that Internet pharmacies certified under subparagraph (A) are required to display for purposes of indicating to the public the fact of such certification. (D) Annual application; duration of certification \n(i) In general \nThe Secretary may certify an Internet pharmacy under subparagraph (A) only if the pharmacy submits to the Secretary an application for such certification that demonstrates compliance with the conditions under subparagraph (B) and is in such form, and is made in such manner, as the Secretary may require. The Secretary shall establish an application form for purposes of the preceding sentence, including an electronic application form. (ii) Duration of certification; renewal \n(I) In general \nA certification under subparagraph (A) is effective for the two-year period beginning on the date on which the application under clause (i) for such certification is approved by the Secretary. The Secretary may renew the certification, pursuant to the submission of an additional application under clause (i), and the number of renewals of the certification is not limited. The Secretary may establish an abbreviated process for such renewal applications. (II) Renewal evaluation \nBefore renewing a certification under subparagraph (A), the Secretary shall conduct an evaluation to determine whether the pharmacy involved is in compliance with the conditions under subparagraph (B). The evaluation, at the Secretary's discretion and as applicable, may include testing of the Internet site of the pharmacy or other systems through which the pharmacy communicates with consumers, and may include physical inspection of the records and premises of the pharmacy pursuant to subparagraph (B). (iii) Fees \nThe Secretary may impose a fee on the submission of an application under subparagraph (D). Any such fee is due upon the submission of the application. To the extent provided in appropriations Acts, such fees are available to the Secretary for carrying out this section. (iv) Information campaign \nThe Secretary shall carry out activities to inform the public of the program under subparagraph (A), including information on the significance of the seal under subparagraph (C) when displayed by an Internet pharmacy, and including information on the benefits of doing business with a pharmacy certified under subparagraph (A) as compared to an illegal Internet pharmacy. (v) Termination of certification \nThe Secretary, upon the own initiative of the Secretary or a petition by an interested person, may terminate a certification under subparagraph (A), after notice to the Internet pharmacy involved and an opportunity for a hearing, after a finding by the Secretary that an Internet Pharmacy is not in compliance with the provisions of this section, or has made an untrue statement of material fact in its certification application; or is in violation of any applicable federal statute or regulation related to the sale and distribution of a pharmacy product. (3) Deeming authority \nThe Secretary may provide that an Internet pharmacy is deemed to meet the requirements of this section if the Internet pharmacy is certified by the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites program. (4) Interstate commerce \nFor purposes of this section, Internet pharmacies are deemed to operate in interstate commerce. (b) Prohibition on certain advertising activities by Internet pharmacies \n(1) Sales without prescription \nIt is a violation of this section for an Internet pharmacy to represent, by advertisement, sales presentation, direct communication (including telephone, facsimile, or electronic mail), or otherwise, that prescription drugs may be obtained from the Internet pharmacy without a prescription. (2) Advertisements from illegal pharmacies \nIt is a violation of this section for provider of an interactive computer service to accept advertisement from or provide links to any illegal Internet pharmacy. An interactive computer service will be deemed in compliance with this section if the pharmacy has obtained a copy of the certification issued to the Internet pharmacy under this section. (c) Definitions \nFor purposes of this section: (1) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by this section. (2) The term Internet means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (3) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is the United States or in another country. (4) The term link, with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command— (A) to move from viewing one portion of a page on such site to another portion of the page; (B) to move from viewing one page on such site to another page on such site; or (C) to move from viewing a page on one Internet site to a page on another Internet site. (5) The term page, with respect to the Internet, means a document or other file accessed at an Internet site. (6) The term prescription drug means a drug that is subject to section 503(b)(1). (7) The terms site and address, with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers, including any successor protocol for determining a specific location on the Internet.. (b) Prohibited acts \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 or offer for sale of a prescription drug or restricted device, or the ownership or operation of an illegal Internet pharmacy, in violation of section 503B..", "id": "H2F3014F929B64F92AAD149F688FC5E5B", "header": "Internet sales of prescription drugs" }, { "text": "503B. Internet sales of prescription drugs \n(a) Uniform certification standard for internet pharmacies \n(1) In general \n(A) Prohibitions \nSubject to subparagraph (B), it is a violation of this section— (i) for any person to sell or offer for sale a prescription drug or a restricted device through an Internet site— (I) if the Internet site fails to meet the standards established under paragraph (2); or (II) if the Internet site fails to comply with all State and Federal regulations for operating as an Internet pharmacy; and (ii) for any person to own or operate an illegal Internet pharmacy. (B) Exception \nAny person who sells or offers to sell a prescription drug or restricted device 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 meets the certification standards adopted by the Secretary under paragraph (2). (2) Establishment of uniform standard for internet pharmacy certification \n(A) In general \nThe Secretary, acting through the Commissioner of the Food and Drug Administration, shall establish a program under which all Internet pharmacies operating in the United States are certified by the Secretary as meeting the requirements of this section for certification. (B) Conditions for certification \nAs a condition of certifying an Internet pharmacy under subparagraph (A), the Secretary shall require the following with respect to such pharmacy: (i) Verification that, in each State in which the pharmacy engages in pharmaceutical activities, the pharmacy, and all the employees and agents of the pharmacy, are in compliance with applicable laws regarding— (I) the practice of pharmacy, including licensing laws and inspection requirements; and (II) the manufacturing and distribution of controlled substances, including with respect to mailing or shipping such substances to consumers. (ii) Verification of controls to ensure that a prescription drug or restricted device is dispensed by the pharmacy only pursuant to a valid prescription, including circumstance in which the drug is shipped or mailed from a country under whose laws the drug is not a prescription drug. (iii) An agreement by the pharmacy that, upon certification under subparagraph (A), the facilities and business practices of the pharmacy will be subject to inspection by the Secretary to the extent appropriate to determine whether the pharmacy is in compliance with conditions under this subsection. (iv) The prominent display of contact information for the pharmacy, including a telephone number, an electronic mail address, a mailing address, and (if different from the mailing address) the address for the physical location of the principal place of business of the pharmacy. (v) The prominent display of complete and accurate information concerning the ownership and management of the pharmacy, including addresses and contact information. (vi) The prominent display of the seal provided for under subparagraph (C). (vii) The prominent display of a statement that the Internet pharmacy will dispense prescription drugs only upon a showing of a prescription. (viii) A certification from the person who owns or manages the pharmacy that a certification under subparagraph (A) for the pharmacy has not previously been terminated by the Secretary, and that no other Internet pharmacy owned or managed by such person has received a certification under subparagraph (A) that has been terminated by the Secretary. (ix) Meaningful and accessible opportunities for a consumer to consult with a licensed pharmacist regarding a drug prior to the time at which the pharmacy dispenses the drug to the consumer. (x) Controls to ensure that the Internet pharmacy provides for authentication and security of prescription orders. (xi) Effective, accessible systems for communication with consumers, including systems for consumer reporting of adverse drug reactions and errors, systems by which consumers can effectively track and report problems with unfulfilled orders, systems for the investigation and redress of consumer complaints, and systems facilitating effective communication between the pharmacy and consumers concerning drug recalls. (xii) Controls to ensure the protection of patient privacy and confidentiality, including but not limited to the prevention of unauthorized internal and external use of personally-identifiable patient information. (xiii) Adherence to a quality assurance policy meeting standards established by the Secretary. (xiv) An agreement by the pharmacy that the pharmacy will notify the Secretary within 10 days concerning any change in information submitted under this subsection as a condition of certification under subparagraph (A). (xv) Such additional criteria as the Secretary determines, after notice and opportunity for comment, to be appropriate for the sound operation of certified pharmacies or the protection of consumers. (C) Seal \nThe Secretary shall provide for a seal that Internet pharmacies certified under subparagraph (A) are required to display for purposes of indicating to the public the fact of such certification. (D) Annual application; duration of certification \n(i) In general \nThe Secretary may certify an Internet pharmacy under subparagraph (A) only if the pharmacy submits to the Secretary an application for such certification that demonstrates compliance with the conditions under subparagraph (B) and is in such form, and is made in such manner, as the Secretary may require. The Secretary shall establish an application form for purposes of the preceding sentence, including an electronic application form. (ii) Duration of certification; renewal \n(I) In general \nA certification under subparagraph (A) is effective for the two-year period beginning on the date on which the application under clause (i) for such certification is approved by the Secretary. The Secretary may renew the certification, pursuant to the submission of an additional application under clause (i), and the number of renewals of the certification is not limited. The Secretary may establish an abbreviated process for such renewal applications. (II) Renewal evaluation \nBefore renewing a certification under subparagraph (A), the Secretary shall conduct an evaluation to determine whether the pharmacy involved is in compliance with the conditions under subparagraph (B). The evaluation, at the Secretary's discretion and as applicable, may include testing of the Internet site of the pharmacy or other systems through which the pharmacy communicates with consumers, and may include physical inspection of the records and premises of the pharmacy pursuant to subparagraph (B). (iii) Fees \nThe Secretary may impose a fee on the submission of an application under subparagraph (D). Any such fee is due upon the submission of the application. To the extent provided in appropriations Acts, such fees are available to the Secretary for carrying out this section. (iv) Information campaign \nThe Secretary shall carry out activities to inform the public of the program under subparagraph (A), including information on the significance of the seal under subparagraph (C) when displayed by an Internet pharmacy, and including information on the benefits of doing business with a pharmacy certified under subparagraph (A) as compared to an illegal Internet pharmacy. (v) Termination of certification \nThe Secretary, upon the own initiative of the Secretary or a petition by an interested person, may terminate a certification under subparagraph (A), after notice to the Internet pharmacy involved and an opportunity for a hearing, after a finding by the Secretary that an Internet Pharmacy is not in compliance with the provisions of this section, or has made an untrue statement of material fact in its certification application; or is in violation of any applicable federal statute or regulation related to the sale and distribution of a pharmacy product. (3) Deeming authority \nThe Secretary may provide that an Internet pharmacy is deemed to meet the requirements of this section if the Internet pharmacy is certified by the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites program. (4) Interstate commerce \nFor purposes of this section, Internet pharmacies are deemed to operate in interstate commerce. (b) Prohibition on certain advertising activities by Internet pharmacies \n(1) Sales without prescription \nIt is a violation of this section for an Internet pharmacy to represent, by advertisement, sales presentation, direct communication (including telephone, facsimile, or electronic mail), or otherwise, that prescription drugs may be obtained from the Internet pharmacy without a prescription. (2) Advertisements from illegal pharmacies \nIt is a violation of this section for provider of an interactive computer service to accept advertisement from or provide links to any illegal Internet pharmacy. An interactive computer service will be deemed in compliance with this section if the pharmacy has obtained a copy of the certification issued to the Internet pharmacy under this section. (c) Definitions \nFor purposes of this section: (1) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by this section. (2) The term Internet means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (3) The term Internet pharmacy means an Internet site that is used primarily to sell prescription drugs in interstate commerce, regardless of whether the physical location of the principal place of business of the Internet pharmacy is the United States or in another country. (4) The term link, with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command— (A) to move from viewing one portion of a page on such site to another portion of the page; (B) to move from viewing one page on such site to another page on such site; or (C) to move from viewing a page on one Internet site to a page on another Internet site. (5) The term page, with respect to the Internet, means a document or other file accessed at an Internet site. (6) The term prescription drug means a drug that is subject to section 503(b)(1). (7) The terms site and address, with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers, including any successor protocol for determining a specific location on the Internet.", "id": "HB872D84F6A7D40C7863F1E47CDF31C54", "header": "Internet sales of prescription drugs" }, { "text": "3. Prohibition on the use of certain bank instruments for purchases associated with illegal internet pharmacies \n(a) Regulations \nBefore the end of the 6-month period beginning on the date of the enactment of this Act, the Federal functional regulators shall prescribe regulations requiring any designated payment system to establish policies and procedures reasonably designed to identify and prevent restricted transactions in any of the following ways: (1) The establishment of policies and procedures that— (A) allow the payment system and any person involved in the payment system to identify restricted transactions by means of codes in authorization messages or by other means; and (B) block restricted transactions identified as a result of the policies and procedures developed pursuant to subparagraph (A). (2) The establishment of policies and procedures that prevent the acceptance of the products or services of the payment system in connection with a restricted transaction. (b) Requirements for policies and procedures \nIn prescribing regulations pursuant to subsection (a), the Federal functional regulators shall— (1) identify types of policies and procedures, including nonexclusive examples, which would be deemed to be reasonably designed to identify and reasonably designed to block or to prevent the acceptance of the products or services with respect to each type of transaction, such as, should credit card transactions be so designated, identifying transactions by a code or codes in the authorization message and denying authorization of a credit card transaction in response to an authorization message; (2) to the extent practical, permit any participant in a payment system to choose among alternative means of identifying and blocking, or otherwise preventing the acceptance of the products or services of the payment system or participant in connection with, restricted transactions; and (3) consider exempting restricted transactions from any requirement under subsection (a) if the Federal functional regulators find that it is not reasonably practical to identify and block, or otherwise prevent, such transactions. (c) Compliance with payment system policies and procedures \nA creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, meets the requirement of subsection (a) if— (1) such person relies on and complies with the policies and procedures of a designated payment system of which it is a member or participant to— (A) identify and block restricted transactions; or (B) otherwise prevent the acceptance of the products or services of the payment system, member, or participant in connection with restricted transactions; and (2) such policies and procedures of the designated payment system comply with the requirements of regulations prescribed under subsection (a). (d) Enforcement \n(1) In general \nThis section shall be enforced by the Federal functional regulators and the Federal Trade Commission under applicable law in the manner provided in section 505(a) of the Gramm-Leach-Bliley Act. (2) Factors to be considered \nIn considering any enforcement action under this subsection against any payment system, or any participant in a payment system that is a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or a participant in such network, the Federal functional regulators and the Federal Trade Commission shall consider the following factors: (A) The extent to which such person is extending credit or transmitting funds knowing the transaction is in connection with illegal Internet pharmacies. (B) The history of such person in extending credit or transmitting funds knowing the transaction is in connection with illegal Internet pharmacies. (C) The extent to which such person has established and is maintaining policies and procedures in compliance with regulations prescribed under this paragraph. (D) The feasibility that any specific remedy prescribed can be implemented by such person without substantial deviation from normal business practice. (E) The costs and burdens the specific remedy will have on such person. (e) Definitions \nFor purposes of this section: (1) The terms credit, creditor, and credit card have the meanings given such terms in section 103 of the Truth in Lending Act. (2) The term designated payment system means any system utilized by any creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local network utilized to effect a credit transaction, electronic fund transfer, or money transmitting service, or any participant in such network, that the Federal functional regulators determine, by regulation or order, could be utilized in connection with, or to facilitate, any restricted transaction. (3) The term electronic fund transfer — (A) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (B) includes any fund transfer covered by Article 4A of the Uniform Commercial Code, as in effect in any State. (4) The term Federal functional regulator has the same meaning as in section 509(2) of the Gramm-Leach-Bliley Act. (5) The term financial institution — (A) has the meaning given such term in section 903 of the Electronic Fund Transfer Act; and (B) includes any financial institution, as defined in section 509(3) of the Gramm-Leach-Bliley Act. (6) The term illegal Internet pharmacy means an Internet pharmacy that fails to comply with the standards established by section 503B of the Federal Food, Drug, and Cosmetic Act. (7) The terms money transmitting business and money transmitting service have the meanings given such terms in section 5330(d) of title 31, United States Code. (8) The term restricted transaction means any transaction or transmittal to any person engaged in the operation of an illegal Internet pharmacy, of— (A) credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); (B) an electronic fund transfer or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of the other person; (C) any check, draft, or similar instrument which is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or (D) the proceeds of any other form of financial transaction as the Federal functional regulators may prescribe by regulation which involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.", "id": "H8D6E9257B93649BE8F6055B399685FC1", "header": "Prohibition on the use of certain bank instruments for purchases associated with illegal internet pharmacies" }, { "text": "4. Effective date \nThis Act and the amendments made by this Act are effective 6 months after the date of the enactment of this Act.", "id": "HF5BC539D1B93458B953BAEFDDF5E71B", "header": "Effective date" } ]

[ { "text": "1. Land Conveyance, Department of Agriculture property, Bastrop, Louisiana \n(a) Conveyance required \nNotwithstanding any other provision of law, the Secretary of Agriculture shall convey, without consideration, to the City of Bastrop, Louisiana (in this section referred to as the City ), all right, title, and interest of the United States in and to the facility located at 4673 Eugene Ware Road, Bastrop, Louisiana, commonly known as Paradise Village Children's Home, and in and to a parcel of real property, including any improvements thereon, consisting of approximately 27 acres located in the City, for the purpose of permitting the City to establish and operate a regional emergency services training center for firefighters, police, and EMS personnel serving rural communities in northeast Louisiana, southern Arkansas, and western Mississippi. (b) Survey \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. The cost of the survey shall be borne by the Secretary. (c) Additional term 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": "H586AAF0F6930419299C21B4779839411", "header": "Land Conveyance, Department of Agriculture property, Bastrop, Louisiana" } ]

[ { "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" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Improving Electronic Voting Standards and Disclosure Act of 2004.", "id": "HC972C825CEE74821A3B3CDA8873AE38", "header": "Short Title" }, { "text": "2. Requirements for Software Used in Electronic Voting Machines in Federal Elections \n(a) In General \nSection 301(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a) ) is amended by adding at the end the following new paragraph: (7) Specific requirements for software used in electronic voting machines \nIn addition to any other requirements under this subsection, a State or other jurisdiction may not use an electronic voting system in an election for Federal office unless— (A) the manufacturer of the software used in the operation of the system has provided the State with an updated copy of the software used in the operation of the system; (B) not later than 30 days before the date of the election (and at least once on the date of the election) the State tests each voting machine used in the system to ensure that the software used in the operation of the system is working correctly; and (C) the manufacturer of the software used in the operation of the system has provided the Commission with updated information regarding the identification of each individual who participated in the writing of the software, including specific information regarding whether the individual has ever been convicted of a crime involving fraud.. (b) Deadline for Adoption of Voluntary Guidance by Commission \nSection 311(b)(1) of such Act ( 42 U.S.C. 15501(b)(1) ) is amended by striking January 1, 2004 and inserting January 1, 2004 (or January 1, 2006, with respect to subsection (a)(7) of such section).", "id": "HD9D953280D924A60AF39F1035B6E7FEF", "header": "Requirements for Software Used in Electronic Voting Machines in Federal Elections" }, { "text": "3. Requiring Laboratories to Meet Standards Prohibiting Conflicts of Interest as Condition of Accreditation for Testing of Voting System Hardware and Software \n(a) In General \nSection 231(b) of the Help America Vote Act of 2002 ( 42 U.S.C. 15371(b) ) is amended by adding at the end the following new paragraph: (3) Prohibiting conflicts of interest \nA laboratory may not be accredited by the Commission for purposes of this section unless the laboratory meets such standards as the Commission may establish to prevent the existence or appearance of any conflict of interest in the testing, certification, decertification, and recertification carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest.. (b) Deadline for Establishment of Standards \nThe Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2006.", "id": "HC5FD11179ECA4CE7A12BB900006C595C", "header": "Requiring Laboratories to Meet Standards Prohibiting Conflicts of Interest as Condition of Accreditation for Testing of Voting System Hardware and Software" }, { "text": "4. Posting of Notice of Availability of Administrative Complaint Procedures in Case of Failure of Voting Machines \nSection 303(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) ) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (2) by inserting after subparagraph (D) the following new subparagraph: (E) information regarding the availability of the administrative complaint procedures for individuals who believe that a voting machine or other equipment used in the election is not working properly or who otherwise believe that a State or jurisdiction is not in compliance with the requirements of this Act;.", "id": "H2AD370A2E3E748468B6C3BB14ED68C9E", "header": "Posting of Notice of Availability of Administrative Complaint Procedures in Case of Failure of Voting Machines" }, { "text": "5. Effective Date \nExcept as otherwise provided, the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2006 and each subsequent election for Federal office.", "id": "H1A47CF537AA64A4E8B5419750880DCE6", "header": "Effective Date" } ]

[ { "text": "1. Findings \nCongress finds as follows: (1) Congress supports the goals of Indian self-determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. (8) The Port of Tacoma’s expansion requires the closure of the primary access road for one of the Puyallup tribe’s gaming operations. Without this access road, the Puyallup tribe’s gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. (9) The Puyallup tribe, as a result of the Port of Tacoma’s road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition.", "id": "H3CAA3414241D4D28A600C3BC12070134", "header": "Findings" }, { "text": "2. Trust land acquisition \nThe Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT A OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT B OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80.6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma.", "id": "H20589B2856454CAC84AA9B43B986D9C", "header": "Trust land acquisition" } ]

[ { "text": "1. Suspension of duty on 2-Naphthalenesulfonic acid, 7,7\" - [(2-methyl-1,5-pentanediyl) bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl) imino]] bis[ 4-hydroxy-3-[(4-methoxy sulfophenyl) azo]-, potassium sodium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.86 and inserting the following: 9902.32.86 2-Naphthalenesulfonic acid, 7,7\" - [(2-methyl-1,5-pentanediyl) bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl) imino]] bis[ 4-hydroxy-3-[(4-methoxy sulfophenyl) azo]-, potassium sodium salt (CAS No. 152397-21-2) (provided for in subheading 3204.16.30) 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 2-Naphthalenesulfonic acid, 7,7\" - [(2-methyl-1,5-pentanediyl) bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl) imino]] bis[ 4-hydroxy-3-[(4-methoxy sulfophenyl) azo]-, potassium sodium salt" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Designation of Foreign Terrorist Organizations Reform Act.", "id": "H0EF36FAEFD684C66B365FD348F3E181D", "header": "Short Title" }, { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Credit Card Interest Rate Act.", "id": "H2813C5F1EE5A479596ADCBC500F25425", "header": "Short title" }, { "text": "2. Credit card interest rate ceiling \n(a) In general \nChapter 1 of the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after section 109 the following new section: 110. Limitations on credit card interest rates \n(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. (b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.. (b) Clerical amendment \nThe table of sections for chapter 1 of the Truth in Lending Act is amended by inserting after the item relating to section 109 the following new item: 110. Limitation on credit card interest rates. (c) Effective date \nThe amendments made by this section shall apply with respect to calendar quarters that begin after the end of the 6-month period beginning on the date of the enactment of this Act.", "id": "H8EB51845E8184E2FA58D47F34FBEC802", "header": "Credit card interest rate ceiling" }, { "text": "110. Limitations on credit card interest rates \n(a) In general \nDuring any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. (b) Regulations by board \nThe Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.", "id": "H2B174F752B3845068F355E46A6338014", "header": "Limitations on credit card interest rates" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H7B7769363B9F4C7A84ADF144226E59B0", "header": "Short title" }, { "text": "2. Military sexual abuse \n(a) Sexual abuse \nSection 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual abuse (a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by using force against that other person; or (2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (c) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. (d) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. (e) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; (B) is at least four years younger than the person so engaging; and (C) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging. (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. (f) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person's spouse; is guilty of sexual abuse of a ward and shall be punished as a court-martial may direct. (g) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.. (b) Conforming amendments \n(1) Murder \nSection 918(4) of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking sodomy, rape, and inserting aggravated sexual abuse, aggravated sexual abuse of a child,. (2) Sodomy \nSection 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is repealed. (c) Clerical amendments \nThe table of sections at the beginning of chapter 47 of title 10, United States Code, is amended— (1) by striking the item relating to section 925; and (2) by striking the item relating to section 920 and inserting the following new item: 920. Art. 120. Sexual abuse. (d) Effective Date \nThe amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act.", "id": "H1B71CF3C855444EDB2F335966607E9C3", "header": "Military sexual abuse" }, { "text": "920. Art. 120. Sexual abuse (a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by using force against that other person; or (2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby— (A) substantially impairs the ability of that other person to appraise or control conduct; and (B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court-martial may direct. (c) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. (d) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or (2) engages in a sexual act with another person if that other person is— (A) incapable of appraising the nature of the conduct; or (B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. (e) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; (B) is at least four years younger than the person so engaging; and (C) is not that person’s spouse; is guilty of sexual abuse of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging. (3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. (f) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and (3) is not that person's spouse; is guilty of sexual abuse of a ward and shall be punished as a court-martial may direct. (g) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.", "id": "HED23CE2DD3E741458DFBB4038400F615", "header": null } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H9BE47095993A40D4B4C60358291950D4", "header": "Short title" }, { "text": "101. Definition of endangered species \nSection 3(6) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(6) ) is amended by striking all or a significant portion of its range and inserting all of its global range.", "id": "H6C5C4915433C4FD08EDCF34EB5067383", "header": "Definition of endangered species" }, { "text": "102. Listing of 109 endangered species most in danger of extinction \n(a) Determination of species most in danger of extinction \nSection 4(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a) ) is amended by adding at the end the following: (4) Determination of species most in danger of extinction \nThe Secretary shall determine, from among the species determined under this subsection to be endangered species or threatened species, the 109 species that are in the greatest danger of extinction throughout all or a significant portion of their range. The Secretary shall use the best scientific evidence available to determine those species.. (b) Limitations on listing and protection to 109 species \nSection 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— (1) in subsection (a)(2)(A)(i), by inserting in accordance with subsection (c) after be listed ; and (2) in subsection (c)(1), by striking the first sentence and inserting The Secretary of the Interior shall publish in the Federal Register a list of the 109 species determined under subsection (a)(4) to be in the greatest danger of extinction throughout all or a significant portion of their range..", "id": "H3A0CEAAA46B64354983F3363FB06948F", "header": "Listing of 109 endangered species most in danger of extinction" }, { "text": "103. Approval by panel required \nSection 4(c)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c)(1) ) is further amended by inserting after the first sentence the following: The Secretary may not include a species in the list unless inclusion of the species is approved by the majority vote of a panel comprised of the Secretary of the Interior, the Secretary of Transportation, and the Secretary of Defense..", "id": "HAE3F9CF4EE9C4D59AE4E31289FB42CA6", "header": "Approval by panel required" }, { "text": "104. Limitation on period of listing \nSection 4(c)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c)(1) ) is further amended by adding at the end the following: No species may be included in the list for a period exceeding 5 years..", "id": "HF881529DB9B04ED4AA4978DAAD00DA85", "header": "Limitation on period of listing" }, { "text": "105. Elimination of restriction on bases for determination of endangered species and threatened species \nSection 4(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(1)(A) ) is amended by striking solely.", "id": "H2563C90A0DA646E48D880000B61C1793", "header": "Elimination of restriction on bases for determination of endangered species and threatened species" }, { "text": "106. Notification of private landowners required \nSection 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ) is further amended by adding at the end the following: (4) Notification of private land owners \nIf the Secretary determines that a species that is included or proposed to be included in the list under paragraph (1) occurs on privately owned land, the Secretary— (A) shall provide notice of that determination to the owner of the land; and (B) in the case of a species proposed to be included in such list, may not add the species to such list before the owner receives the notice under clause (i)..", "id": "H8C08FCEBEE1A4528AE1E40EB00D69C9", "header": "Notification of private landowners required" }, { "text": "107. Limiting protections for listed species \nSection 13 of the Endangered Species Act of 1973 (consisting of amendments to other laws, which have executed) is amended to read as follows: 13. Limitation on protections for listed species \n(a) Limitation on prohibitions \nThe prohibitions under section 9 shall not apply with respect to any species other than a species in the list under section 4(c). (b) Review of habitat conservation plans \nThe Secretary shall complete review of a habitat conservation plan submitted for a permit under section 10(a)(1)(B) by not later than 180 days after the date the plan is submitted to the Secretary..", "id": "H8618B33D6EFC430889D23F1C0889B78B", "header": "Limiting protections for listed species" }, { "text": "13. Limitation on protections for listed species \n(a) Limitation on prohibitions \nThe prohibitions under section 9 shall not apply with respect to any species other than a species in the list under section 4(c). (b) Review of habitat conservation plans \nThe Secretary shall complete review of a habitat conservation plan submitted for a permit under section 10(a)(1)(B) by not later than 180 days after the date the plan is submitted to the Secretary.", "id": "HCB3D82D2374C479482AEDDE582AEC2AA", "header": "Limitation on protections for listed species" }, { "text": "108. Effective date and implementation of amendments \n(a) Effective date of amendments \nExcept as otherwise provided in this Act, the amendments made by this title shall take effect upon the expiration of the 2-year period beginning on the date of the enactment of this Act. (b) Implementation of amendments \nThe Secretary (as that term is defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) shall— (1) before the end of the 2-year period beginning on the date of the enactment of this Act, determine pursuant to the amendment made by section 102(a), from among the species that have been determined to be endangered species under section 4(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a) ) as of the date of the determination under this paragraph, the 109 species that are in the greatest danger of extinction throughout all or a significant portion of their range; and (2) upon the expiration of that period, publish a list of such species under section 4(c) ( 16 U.S.C. 1533(c) ) of such Act, as amended by this Act.", "id": "HF9817EE6EADF4C3BB1B8318D88498CA5", "header": "Effective date and implementation of amendments" }, { "text": "201. Species conservation reserve program \n(a) In general \nThrough the 2026 calendar year, the Secretary of the Interior (in this title referred to as the Secretary ) shall formulate and carry out a species conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve endangered species. (b) Eligible land \nThe Secretary may include in the program established under this title agricultural land that is occupied by a species that is determined under section 4 of the Endangered Species Act of 1973, by the Secretary (as that term is used in that Act), to be an endangered species. (c) Duration of contract \nFor the purpose of carrying out this title, the Secretary shall enter into contracts of not more than 5 years. (d) Eligibility for consideration \nOn the expiration of a contract entered into under this title, the land subject to the contract shall be eligible to be considered for reenrollment in the species conservation reserve. (e) Balance among habitats \nIn determining the acceptability of contract offers under this title, the Secretary shall ensure, to the maximum extent practicable, an adequate balance among wildlife habitats.", "id": "H82DBD56767F44334B221E5971D009150", "header": "Species conservation reserve program" }, { "text": "202. Duties of owners and operators \n(a) In general \nUnder the terms of a contract entered into under this title, during the term of the contract, an owner or operator of land shall agree— (1) to implement a plan to conserve endangered species; (2) on a violation of a term or condition of the contract at any time the owner or operator has control of the land— (A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary determines that the violation is of such nature as to warrant termination of the contract; or (B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract; and (3) on the transfer of the right and interest of the owner or operator in land subject to the contract— (A) to forfeit all rights to rental payments and cost sharing payments under the contract; and (B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this title; unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary. (b) Conservation plans \nThe plan referred to in subsection (a)(1) shall set forth— (1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and (2) the commercial use, if any, to be permitted on the land during the term. (c) Foreclosure \n(1) In general \nNotwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this title may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment. (2) Resumption of control \n(A) In general \nThis subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract. (B) Contract \nOn the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.", "id": "H338E7E96CE58421A80ED59295E5432A0", "header": "Duties of owners and operators" }, { "text": "203. Duties of the Secretary \nIn return for a contract entered into by an owner or operator under section 202, the Secretary shall— (1) bear the cost of carrying out the conservation measures and practices set forth in the contract; and (2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for the loss in agricultural value of property that is subject to the contract, as determined by a person authorized by a State or local government the value of real property.", "id": "H753FC29F2F88474DA800D18CE6956642", "header": "Duties of the Secretary" }, { "text": "204. Payments \n(a) Timing \nThe Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this title with respect to any annual rental payment obligation incurred by the Secretary— (1) as soon as practicable after October 1 of each calendar year; or (2) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred. (b) Annual rental payments \n(1) In general \nIn determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this title. (2) Method of determination \nThe amounts payable to owners or operators in the form of rental payments under contracts entered into under this title may be determined through— (A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (B) such other means as the Secretary determines are appropriate. (c) Cash or in-kind payments \n(1) In general \nExcept as otherwise provided in this section, payments under this title— (A) shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract; and (B) may be made in advance of determination of performance. (2) Cash payments \nPayments to an owner or operator under a special species conservation reserve enhancement program described in subsection (e)(4) shall be in the form of cash only. (d) Payments on death, disability, or succession \nIf an owner or operator that is entitled to a payment under a contract entered into under this title dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. (e) Payment limitation for rental payments \n(1) In general \nThe total amount of rental payments made to a person under this title for any fiscal year may not exceed $50,000. (2) Regulations \n(A) In general \nThe Secretary shall promulgate regulations— (i) defining the term person as used in this subsection; and (ii) providing such terms and conditions as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established by this subsection. (B) Corporations and stockholders \nThe regulations promulgated by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 ( 7 U.S.C. 1307 ), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection. (3) Other payments \nRental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002. (4) Special species conservation reserve enhancement program \n(A) In general \nThe provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 ( 7 U.S.C. 1308 note; Public Law 100–203 ), shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special species conservation reserve enhancement program carried out by that entity that has been approved by the Secretary. (B) Agreements \nThe Secretary may enter into such agreements for payments to States (including political subdivisions and agencies of States) that the Secretary determines will advance the purposes of this title. (f) Other State or local assistance \nIn addition to any payment under this title, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the species conservation reserve program.", "id": "H6D62768EAB314E6FB3E65C8FB29F90E9", "header": "Payments" }, { "text": "205. Contracts \n(a) Ownership or operation requirements \n(1) In general \nExcept as provided in paragraph (2), no contract shall be entered into under this title concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless— (A) the new ownership was acquired by will or succession as a result of the death of the previous owner; (B) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this title; or (C) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law. (2) Exceptions \nParagraph (1) shall not— (A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this title; or (B) require a person to own the land as a condition of eligibility for entering into the contract if the person— (i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract; and (ii) controls the land for the contract period. (b) Sales or transfers \nIf, during the term of a contract entered into under this title, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may— (1) continue the contract under the same terms or conditions; or (2) enter into a new contract in accordance with this title. (c) Modifications \nThe Secretary may modify a contract entered into with an owner or operator under this title if— (1) the owner or operator agrees to the modification; and (2) the Secretary determines that the modification is desirable— (A) to carry out this title; (B) to facilitate the practical administration of this title; or (C) to achieve such other goals as the Secretary determines are appropriate, consistent with this title. (d) Termination \n(1) In general \nThe Secretary may terminate a contract entered into with an owner or operator under this title if— (A) the owner or operator agrees to the termination; and (B) the Secretary determines that the termination would be in the public interest. (2) Notice to congressional committees \nAt least 90 days before taking any action to terminate under paragraph (1) all species conservation reserve contracts entered into under this title, the Secretary shall provide to the Congress written notice of the action. (e) Early termination by owner or operator \n(1) Renewed enrollment \nThe termination of a contract entered into under this title shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the species conservation reserve. (2) Conservation requirements \nIf land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subtitles B and C of title XII of the Food Security Act of 1985 shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.", "id": "H2FDB821D4F73418EA4C3A8AC2492A7B3", "header": "Contracts" } ]

[ { "text": "1. Support our Scouts \n(a) Definition \nIn this section the term Federal agency means each department, agency, instrumentality, or other entity of the United States Government. (b) In general \nNo Federal law (including any rule, regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any form of support to the Boy Scouts of America or the Girl Scouts of the United States of America (or any organization chartered by the Boy Scouts of America or the Girl Scouts of the United States of America), including— (1) holding meetings, jamborees, camporees, or other scouting activities on Federal property if such organization has received permission from the appropriate Federal official responsible for such property; or (2) hosting or sponsoring any official event of such organization.", "id": "H19F3DE9F510045A3AC5F7C14B85461C", "header": "Support our Scouts" } ]

[ { "text": "1. Reduction of duty on 1-propene-2-methyl homopolymer \n(a) In general \nSubchapter II of chapter 99 of the Harmonizes Tariff Schedule of the United States is amended by inserting in numerical sequence the following heading: 9902.38.43 1-propene-2-methyl homopolymer (CAS No. 9003–27–4) (provided for in subheading 3902.20.50)….. 0.5% 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 enactment of this Act.", "id": "HE3D5226A87FE4A6F898B6C59CDDAB1A2", "header": "Reduction of duty on 1-propene-2-methyl homopolymer" } ]

[ { "text": "1. Conversion of temporary judgeships to permanent judgeships \n(a) In general \nThe existing district judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code (as amended by this Act). (b) Technical and conforming amendments \nThe table contained in section 133(a) of title 28, United States Code, is amended— (1) in the item relating to Hawaii by striking 3 and inserting 4 ; (2) in the item relating to Kansas by striking 5 and inserting 6 ; and (3) in the item relating to the eastern district of Missouri by striking 6 and inserting 7.", "id": "HE281E646E16E49D383A2974C00B424DB", "header": "Conversion of temporary judgeships to permanent judgeships" }, { "text": "2. District judgeship for the district of Nebraska \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 Nebraska. (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 Nebraska by subsection (a), such table is amended in the item relating to Nebraska by striking 3 and inserting 4.", "id": "H1CCEBFA1FA5F44A38852FC936531EC7F", "header": "District judgeship for the district of Nebraska" }, { "text": "3. District judgeship for the eastern district of California \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 eastern district of California. (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 eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7.", "id": "H352BB04C766E4182867713076C82F881", "header": "District judgeship for the eastern district of California" } ]

[ { "text": "1. Suspension of duty on 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.88 and inserting the following: 9902.32.88 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt (CAS No. 163062-28-0) (provided for in subheading 3204.16.30) 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 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H92493AF4B6A44EC0A00000ADF0358E87", "header": "Short title" }, { "text": "2. Capital gains treatment for certain self-created musical works \n(a) In general \nSubsection (b) of section 1221 of the Internal Revenue Code of 1986 (relating to capital asset defined) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Sale or exchange of self-created musical works \nAt the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply with respect to any sale or exchange of musical compositions or copyrights in musical works by a taxpayer described in subsection (a)(3).. (b) Limitation on charitable contributions \nSubparagraph (A) of section 170(e)(1) of the Internal Revenue Code of 1986 is amended by inserting (determined without regard to section 1221(b)(3)) after long-term capital gain. (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": "HE68A2EFF9A3B4EC0B8B1A12B43E68600", "header": "Capital gains treatment for certain self-created musical works" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H1280E53557164CEF9800004E87ADAAC7", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) Prior to the 2000 Presidential election, which was decided by only 547 votes in Florida, several Florida counties purged their voting rolls of just under 58,000 people who supposedly had committed felonies and were therefore forbidden to vote by Florida law. Those removed from the voting rolls received no notification and were given no chance to appeal the decision. (2) After the election, it was learned that thousands of Floridians had been mistakenly included on the list of convicted felons used to purge the voter rolls and were incorrectly denied their right to vote. (3) Purging voting rolls of felons can be a difficult and confusing process for State election officials. Many States do not keep comprehensive data sets of convicted felons. Furthermore, there have been numerous documented instances in which States have incorrectly purged voters because their names were similar to convicted felons, because State records did not distinguish between arrests and convictions, or due to simple clerical errors. (4) The risk that innocent Americans may be mistakenly denied their Constitutional right to vote is still very real and places the legitimacy of future elections at risk.", "id": "HF60CA353099747BF8195CD4439B6563E", "header": "Findings" }, { "text": "3. Notice and Review Requirements For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction or Mental Incapacity \n(a) In General \nSection 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Notice and Review Requirements For Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction or Mental Incapacity \n(1) Minimum notice prior to removal \n(A) In general \nIn addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction or mental incapacity unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B) not later than 30 days before the date of the election. (B) Requirements for notice \nThe notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: (i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. (ii) A description of the reasons for removal, including (in the case of an individual proposed to be removed by reason of criminal conviction) sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. (iii) A statement that the registrant may obtain a review of the removal from an appropriate State election official in accordance with paragraph (2). (iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. (2) Review of decision to remove \n(A) In general \nA registrant who receives a notice of removal under paragraph (1) may submit a written request to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters, and may include in the request such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice (in the case of an individual proposed to be removed by reason of criminal conviction). (B) Response by State \nNot later than 10 days after receiving a request from a registrant under subparagraph (A), the State shall review the information and evidence included and accept or reject the request, and shall notify the registrant in writing of its decision. (3) Opportunity to cast provisional ballot \nAny registrant who receives a notice of removal under paragraph (1) and believes that the removal decision was made in error shall be permitted to cast a provisional ballot in an election for Federal office in accordance with section 302(a) of the Help America Vote Act of 2002.. (b) Conforming Amendment \nSection 8(a)(3)(B) of such Act ( 42 U.S.C. 1973gg–6(a)(3)(B) ) is amended by striking State law, and inserting State law and consistent with the requirements of subsection (j),. (c) Effective Date \nThe amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2004 and each succeeding election for Federal office.", "id": "HF6E829F602AC436ABB37AC8613BE00E9", "header": "Notice and Review Requirements For Removal of Individuals From Official List of Eligible Voters by Reason of Criminal Conviction or Mental Incapacity" }, { "text": "4. Rule of Construction \nNothing in this Act or any amendment made by this Act may be construed— (1) to affect the right of any individual to cast a provisional ballot under section 302(a) of the Help America Vote Act of 2002; or (2) to prohibit any State from providing individuals threatened with removal from the official list of eligible voters in the State with greater protections than those required under section 8(j) of the National Voter Registration Act of 1993 (as added by section 2(a)).", "id": "HA92CF75BB2D542DFBAC659E4130832E7", "header": "Rule of Construction" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Act to Save America’s Forests. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings and purposes Title I—Land management Sec. 101. Committee of scientists Sec. 102. Continuous forest inventory Sec. 103. Administration and management Sec. 104. Conforming amendments Title II—Protection for Ancient forests, roadless areas, watershed protection areas, and special areas Sec. 201. Findings Sec. 202. Definitions Sec. 203. Designation of special areas Sec. 204. Restrictions on management activities in Ancient forests, roadless areas, watershed protection areas, and special areas Title III—Effective date Sec. 301. Effective date Sec. 302. Effect on existing contracts Sec. 303. Wilderness act exclusion", "id": "H2B63B0E4789849B6B0B57504051C946D", "header": "Short title; table of contents" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds that— (1) Federal agencies that permit clearcutting and other forms of even-age logging operations include the Forest Service, the United States Fish and Wildlife Service, and the Bureau of Land Management; (2) clearcutting and other forms of even-age logging operations cause substantial alterations in native biodiversity by— (A) emphasizing the production of a limited number of commercial species, and often only a single species, of trees on each site; (B) manipulating the vegetation toward greater relative density of the commercial species; (C) suppressing competing species; and (D) requiring the planting, on numerous sites, of a commercial strain of the species that reduces the relative diversity of other genetic strains of the species that were traditionally located on the same sites; (3) clearcutting and other forms of even-age logging operations— (A) frequently lead to the death of immobile species and the very young of mobile species of wildlife; and (B) deplete the habitat of deep-forest species of animals, including endangered species and threatened species; (4) (A) clearcutting and other forms of even-age logging operations— (i) expose the soil to direct sunlight and the impact of precipitation; (ii) disrupt the soil surface; (iii) compact organic layers; and (iv) disrupt the run-off restraining capabilities of roots and low-lying vegetation, resulting in soil erosion, the leaching of nutrients, a reduction in the biological content of soil, and the impoverishment of soil; and (B) all of the consequences described in subparagraph (A) have a long-range deleterious effect on all land resources, including timber production; (5) clearcutting and other forms of even-age logging operations aggravate global climate change by— (A) decreasing the capability of the soil to retain carbon; and (B) during the critical periods of felling and site preparation, reducing the capacity of the biomass to process and to store carbon, with a resultant loss of stored carbon to the atmosphere; (6) clearcutting and other forms of even-age logging operations render soil increasingly sensitive to acid deposits by causing a decline of soil wood and coarse woody debris; (7) a decline of solid wood and coarse woody debris reduces the capacity of soil to retain water and nutrients, which in turn increases soil heat and impairs soil’s ability to maintain protective carbon compounds on the soil surface; (8) clearcutting and other forms of even-age logging operations result in— (A) increased stream sedimentation and the silting of stream bottoms; (B) a decline in water quality; (C) the impairment of life cycles and spawning processes of aquatic life from benthic organisms to large fish; and (D) as a result of the effects described in subparagraphs (A) through (C), a depletion of the sport and commercial fisheries of the United States; (9) clearcutting and other forms of even-age management of Federal forests disrupt natural disturbance regimes that are critical to ecosystem function; (10) clearcutting and other forms of even-age logging operations increase harmful edge effects, including— (A) blowdowns; (B) invasions by weed species; and (C) heavier losses to predators and competitors; (11) by reducing the number of deep, canopied, variegated, permanent forests, clearcutting and other forms of even-age logging operations— (A) limit areas where the public can satisfy an expanding need for recreation; and (B) decrease the recreational value of land; (12) clearcutting and other forms of even-age logging operations replace forests described in paragraph (11) with a surplus of clearings that grow into relatively impenetrable thickets of saplings, and then into monoculture tree plantations; (13) because of the harmful and, in many cases, irreversible, damage to forest species and forest ecosystems caused by logging of Ancient and roadless forests, clearcutting, and other forms of even-age management, it is important that these practices be halted based on the precautionary principle; (14) human beings depend on native biological resources, including plants, animals, and micro-organisms— (A) for food, medicine, shelter, and other important products; and (B) as a source of intellectual and scientific knowledge, recreation, and aesthetic pleasure; (15) alteration of native biodiversity has serious consequences for human welfare, as the United States irretrievably loses resources for research and agricultural, medicinal, and industrial development; (16) alteration of biodiversity in Federal forests adversely affects the functions of ecosystems and critical ecosystem processes that— (A) moderate climate; (B) govern nutrient cycles and soil conservation and production; (C) control pests and diseases; and (D) degrade wastes and pollutants; (17) (A) clearcutting and other forms of even-age management operations have significant deleterious effects on native biodiversity, by reducing habitat and food for cavity-nesting birds and insectivores such as the 3-toed woodpecker and hairy woodpecker and for neotropical migratory bird species; and (B) the reduction in habitat and food supply could disrupt the lines of dependency among species and their food resources and thereby jeopardize critical ecosystem function, including limiting outbreaks of destructive insect populations; for example— (i) the 3-toed woodpecker requires clumped snags in spruce-fir forests, and 99 percent of its winter diet is composed of insects, primarily spruce beetles; and (ii) a 3-toed woodpecker can consume as much as 26 percent of the brood of an endemic population of spruce bark beetle and reduce brood survival of the population by 70 to 79 percent; (18) the harm of clearcutting and other forms of even-age logging operations on the natural resources of the United States and the quality of life of the people of the United States is substantial, severe, and avoidable; (19) by substituting selection management, as required by this Act, for clearcutting and other forms of even-age logging operations, the Federal agencies involved with those logging operations would substantially reduce devastation to the environment and improve the quality of life of the people of the United States; (20) selection management— (A) retains natural forest structure and function; (B) focuses on long-term rather than short-term management; (C) works with, rather than against, the checks and balances inherent in natural processes; and (D) permits the normal, natural processes in a forest to allow the forest to go through the natural stages of succession to develop a forest with old growth ecological functions; (21) by protecting native biodiversity, as required by this Act, Federal agencies would maintain vital native ecosystems and improve the quality of life of the people of the United States; (22) selection logging— (A) is more job intensive, and therefore provides more employment than clearcutting and other forms of even-age logging operations to manage the same quantity of timber production; and (B) produces higher quality sawlogs than clearcutting and other forms of even-age logging operations; and (23) the judicial remedies available to enforce Federal forest laws are inadequate, and should be strengthened by providing for injunctions, declaratory judgments, statutory damages, and reasonable costs of suit. (b) Purpose \nThe purpose of this Act is to conserve native biodiversity and protect all native ecosystems on all Federal land against losses that result from— (1) clearcutting and other forms of even-age logging operations; and (2) logging in Ancient forests, roadless areas, watershed protection areas, and special areas.", "id": "H6A976A5EF7CE4E449106CBE2DD84C588", "header": "Findings and purposes" }, { "text": "101. Committee of scientists \nSection 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) is amended by striking subsection (h) and inserting the following: (h) Committee of scientists \n(1) In general \nTo carry out subsection (g), the Secretary shall appoint a committee composed of scientists— (A) who are not officers or employees of the Forest Service, of any other public entity, or of any entity engaged in whole or in part in the production of wood or wood products; (B) not more than one-third of whom have contracted with or represented any entity described in subparagraph (A) during the 5-year period ending on the date of the proposed appointment to the committee; and (C) not more than one-third of whom are foresters. (2) Qualifications of foresters \nA forester appointed to the committee shall be an individual with— (A) extensive training in conservation biology; and (B) field experience in selection management. (3) Duties \nThe committee shall provide scientific and technical advice and counsel on proposed guidelines and procedures and all other issues involving forestry and native biodiversity to promote an effective interdisciplinary approach to forestry and native biodiversity. (4) Termination \nThe committee shall terminate on the date that is 10 years after the date of enactment of the Act to Save America’s Forests..", "id": "H67875C075A0D4FF998DBAE31266B012", "header": "Committee of scientists" }, { "text": "102. Continuous forest inventory \n(a) In general \nNot later than 2 years after the date of enactment of this Act, each of the Chief of the Forest Service, the Director of the United States Fish and Wildlife Service, and the Director of the Bureau of Land Management (referred to individually as an agency head ) shall prepare a continuous inventory of forest land administered by those agency heads, respectively. (b) Requirements \nA continuous forest inventory shall constitute a long-term monitoring and inventory system that— (1) is contiguous throughout affected Federal forest land; and (2) is based on a set of permanent plots that are inventoried every 10 years to— (A) assess the impacts that human activities are having on management of the ecosystem; (B) gauge— (i) floristic and faunistic diversity, abundance, and dominance; and (ii) economic and social value; and (C) monitor changes in the age, structure, and diversity of species of trees and other vegetation. (c) Decennial inventories \nEach decennial inventory under subsection (b)(2) shall be completed not more than 60 days after the date on which the inventory is begun. (d) National Academy of Sciences \nIn preparing a continuous forest inventory, an agency head may use the services of the National Academy of Sciences to— (1) develop a system for the continuous forest inventory by which certain guilds or indicator species are measured; and (2) identify any changes to the continuous forest inventory that are necessary to ensure that the continuous forest inventory is consistent with the most accurate scientific methods. (e) Whole-System measures \nAt the end of each forest planning period, an agency head shall document whole-system measures that will be taken as a result of a decennial inventory. (f) Public availability \nResults of a continuous forest inventory shall be made available to the public without charge.", "id": "H226DE431C4154213A2D0D053E0BF5442", "header": "Continuous forest inventory" }, { "text": "103. Administration and management \nThe Forest and Rangeland Renewable Resources Planning Act of 1974 is amended by adding after section 6 ( 16 U.S.C. 1604 ) the following: 6A. Conservation of native biodiversity; selection logging; prohibition of clearcutting \n(a) Applicability \nThis section applies to the administration and management of— (1) National Forest System land, under this Act; (2) Federal land, under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) National Wildlife Refuge System land, under the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ). (b) Native biodiversity in forested areas \nThe Secretary shall provide for the conservation or restoration of native biodiversity in each stand and each watershed throughout each forested area, except during the extraction stage of authorized mineral development or during authorized construction projects, in which cases the Secretary shall conserve native biodiversity to the maximum extent practicable. (c) Restriction on use of certain logging practices \n(1) Definitions \nIn this subsection: (A) Age diversity \nThe term age diversity means the naturally occurring range and distribution of age classes within a given species. (B) Basal area \nThe term basal area means the area of the cross section of a tree stem, including the bark, at 4.5 feet above the ground. (C) Clearcutting \nThe term clearcutting means an even-age logging operation that removes all of the trees over a considerable portion of a stand at 1 time. (D) Conservation \nThe term conservation means protective measures for maintaining native biodiversity and active and passive measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as practicable in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions. (E) Even-age logging operation \n(i) In general \nThe term even-age logging operation means a logging activity that— (I) creates a clearing or opening that exceeds 1/5 acre; (II) creates a stand in which the majority of trees are within 10 years of the same age; or (III) within a period of 30 years, cuts or removes more than the lesser of— (aa) the growth of the basal area of all tree species (not including a tree of a non-native invasive tree species or an invasive plantation species) in a stand; or (bb) 20 percent of the basal area of a stand. (ii) Inclusion \nThe term even-age logging operation includes the application of clearcutting, high grading, seed-tree cutting, shelterwood cutting, or any other logging method in a manner inconsistent with selection management. (iii) Exclusion \nThe term even-age logging operation does not include the cutting or removal of— (I) a tree of a non-native invasive tree species; or (II) an invasive plantation species, if native longleaf pine are planted in place of the removed invasive plantation species. (F) Genetic diversity \nThe term genetic diversity means the differences in genetic composition within and among populations of a species. (G) High grading \nThe term high grading means the removal of only the larger or more commercially valuable trees in a stand, resulting in an alteration in the natural range of age diversity or species diversity in the stand. (H) Invasive plantation species \nThe term invasive plantation species means a loblolly pine or slash pine that was planted or managed by the Forest Service or any other Federal agency as part of an even-aged monoculture tree plantation. (I) Native biodiversity \n(i) In general \nThe term native biodiversity means— (I) the full range of variety and variability within and among living organisms; and (II) the ecological complexes in which the living organisms would have occurred (including naturally occurring disturbance regimes) in the absence of significant human impact. (ii) Inclusions \nThe term native biodiversity includes diversity— (I) within a species (including genetic diversity, species diversity, and age diversity); (II) within a community of species; (III) between communities of species; (IV) within a discrete area, such as a watershed; (V) along a vertical plane from ground to sky, including application of the plane to all the other types of diversity; and (VI) along the horizontal plane of the land surface, including application of the plane to all the other types of diversity. (J) Non-native invasive tree species \n(i) In general \nThe term non-native invasive tree species means a species of tree not native to North America. (ii) Inclusions \nThe term non-native invasive tree species includes— (I) Australian pine (Casaurina equisetifolia); (II) Brazilian pepper (Schinus terebinthifolius); (III) Common buckthorn (Rhamnus cathartica); (IV) Eucalyptus (Eucalyptus globulus); (V) Glossy buckthorn (Rhamnus frangula); (VI) Melaleuca (Melaleuca quinquenervia); (VII) Norway maple (Acer platanoides); (VIII) Princess tree (Paulownia tomentosa); (IX) Salt cedar (Tamarix species); (X) Silk tree (Albizia julibrissin); (XI) Strawberry guava (Psidium cattleianum); (XII) Tree-of-heaven (Ailanthus altissima); (XIII) Velvet tree (Miconia calvescens); and (XIV) White poplar (Populus alba). (K) Seed-tree cut \nThe term seed-tree cut means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time. (L) Selection management \n(i) In general \nThe term selection management means a method of logging that emphasizes the periodic, individual selection and removal of varying size and age classes of the weaker, nondominant cull trees in a stand and leaves uncut the stronger dominant trees to survive and reproduce, in a manner that works with natural forest processes and— (I) ensures the maintenance of continuous high forest cover where high forest cover naturally occurs; (II) ensures the maintenance or natural regeneration of all native species in a stand; (III) ensures the growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products including clean water, rich soil, and native plants and wildlife; and (IV) ensures that some dead trees, standing and downed, shall be left in each stand where selection logging occurs, to fulfill their necessary ecological functions in the forest ecosystem, including providing elemental and organic nutrients to the soil, water retention, and habitat for endemic insect species that provide the primary food source for predators (including various species of amphibians and birds, such as cavity nesting woodpeckers). (ii) Exclusion \n(I) In general \nSubject to subclause (II), the term selection management does not include an even-age logging operation. (II) Felling age; native biodiversity \nSubclause (I) does not— (aa) establish a 150-year projected felling age as the standard at which individual trees in a stand are to be cut; or (bb) limit native biodiversity to that which occurs within the context of a 150-year projected felling age. (M) Shelterwood cut \nThe term shelterwood cut means an even-age logging operation that leaves— (i) a minority of the stand (larger than a seed-tree cut) as a seed source; or (ii) a protection cover remaining standing for any period of time. (N) Species diversity \nThe term species diversity means the richness and variety of native species in a particular location. (O) Stand \nThe term stand means a biological community of trees on land described in subsection (a), comprised of not more than 100 contiguous acres with sufficient identity of 1 or more characteristics (including location, topography, and dominant species) to be managed as a unit. (P) Timber purpose \n(i) In general \nThe term timber purpose means the use, sale, lease, or distribution of trees, including the felling of trees or portions of trees. (ii) Exception \nThe term timber purpose does not include the felling of trees or portions of trees to create land space for a Federal administrative structure. (Q) Within-community diversity \nThe term within-community diversity means the distinctive assemblages of species and ecological processes that occur in various physical settings of the biosphere and distinct locations. (2) Prohibition of clearcutting and other forms of even-age logging operations \nNo clearcutting or other form of even-age logging operation shall be permitted in any stand or watershed. (3) Management of native biodiversity \nOn each stand on which an even-age logging operation has been conducted on or before the date of enactment of this section, and on each deforested area managed for timber purposes on or before the date of enactment of this section, excluding areas occupied by existing buildings, the Secretary shall— (A) prescribe a shift to selection management; or (B) cease managing the stand for timber purposes, in which case the Secretary shall— (i) undertake an active restoration of the native biodiversity of the stand; or (ii) permit the stand to regain native biodiversity. (4) Enforcement \n(A) Finding \nCongress finds that all people of the United States are injured by actions on land to which subsection (g)(3)(B) and this subsection applies. (B) Purpose \nThe purpose of this paragraph is to foster the widest and most effective possible enforcement of subsection (g)(3)(B) and this subsection. (C) Federal enforcement \nThe Secretary of Agriculture, the Secretary of the Interior, and the Attorney General shall enforce subsection (g)(3)(B) and this subsection against any person that violates 1 or more of those provisions. (D) Citizen suits \n(i) In general \nA citizen harmed by a violation of subsection (g)(3)(B) or this subsection may bring a civil action in United States district court for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States. (ii) Judicial relief \nIf a district court of the United States determines that a violation of subsection (g)(3)(B) or this subsection has occurred, the district court— (I) shall impose a damage award of not less than $5,000; (II) may issue 1 or more injunctions or other forms of equitable relief; and (III) shall award to the plaintiffs reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. (iii) Standard of proof \nThe standard of proof in all actions under this subparagraph shall be the preponderance of the evidence. (iv) Trial \nA trial for any action under this subsection shall be de novo. (E) Payment of damages \n(i) Non-federal violator \nA damage award under subparagraph (D)(ii) shall be paid to the Treasury by a non-Federal violator or violators designated by the court. (ii) Federal violator \n(I) In general \nNot later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (D)(ii) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award \nA damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. (III) Court costs \nAny award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (F) Waiver of sovereign immunity \n(i) In general \nThe United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection. (ii) Notice \nNo notice is required to enforce this subsection..", "id": "HC18DF192EF7F4C06AC14A43231B6F596", "header": "Administration and management" }, { "text": "6A. Conservation of native biodiversity; selection logging; prohibition of clearcutting \n(a) Applicability \nThis section applies to the administration and management of— (1) National Forest System land, under this Act; (2) Federal land, under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) National Wildlife Refuge System land, under the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ). (b) Native biodiversity in forested areas \nThe Secretary shall provide for the conservation or restoration of native biodiversity in each stand and each watershed throughout each forested area, except during the extraction stage of authorized mineral development or during authorized construction projects, in which cases the Secretary shall conserve native biodiversity to the maximum extent practicable. (c) Restriction on use of certain logging practices \n(1) Definitions \nIn this subsection: (A) Age diversity \nThe term age diversity means the naturally occurring range and distribution of age classes within a given species. (B) Basal area \nThe term basal area means the area of the cross section of a tree stem, including the bark, at 4.5 feet above the ground. (C) Clearcutting \nThe term clearcutting means an even-age logging operation that removes all of the trees over a considerable portion of a stand at 1 time. (D) Conservation \nThe term conservation means protective measures for maintaining native biodiversity and active and passive measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as practicable in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions. (E) Even-age logging operation \n(i) In general \nThe term even-age logging operation means a logging activity that— (I) creates a clearing or opening that exceeds 1/5 acre; (II) creates a stand in which the majority of trees are within 10 years of the same age; or (III) within a period of 30 years, cuts or removes more than the lesser of— (aa) the growth of the basal area of all tree species (not including a tree of a non-native invasive tree species or an invasive plantation species) in a stand; or (bb) 20 percent of the basal area of a stand. (ii) Inclusion \nThe term even-age logging operation includes the application of clearcutting, high grading, seed-tree cutting, shelterwood cutting, or any other logging method in a manner inconsistent with selection management. (iii) Exclusion \nThe term even-age logging operation does not include the cutting or removal of— (I) a tree of a non-native invasive tree species; or (II) an invasive plantation species, if native longleaf pine are planted in place of the removed invasive plantation species. (F) Genetic diversity \nThe term genetic diversity means the differences in genetic composition within and among populations of a species. (G) High grading \nThe term high grading means the removal of only the larger or more commercially valuable trees in a stand, resulting in an alteration in the natural range of age diversity or species diversity in the stand. (H) Invasive plantation species \nThe term invasive plantation species means a loblolly pine or slash pine that was planted or managed by the Forest Service or any other Federal agency as part of an even-aged monoculture tree plantation. (I) Native biodiversity \n(i) In general \nThe term native biodiversity means— (I) the full range of variety and variability within and among living organisms; and (II) the ecological complexes in which the living organisms would have occurred (including naturally occurring disturbance regimes) in the absence of significant human impact. (ii) Inclusions \nThe term native biodiversity includes diversity— (I) within a species (including genetic diversity, species diversity, and age diversity); (II) within a community of species; (III) between communities of species; (IV) within a discrete area, such as a watershed; (V) along a vertical plane from ground to sky, including application of the plane to all the other types of diversity; and (VI) along the horizontal plane of the land surface, including application of the plane to all the other types of diversity. (J) Non-native invasive tree species \n(i) In general \nThe term non-native invasive tree species means a species of tree not native to North America. (ii) Inclusions \nThe term non-native invasive tree species includes— (I) Australian pine (Casaurina equisetifolia); (II) Brazilian pepper (Schinus terebinthifolius); (III) Common buckthorn (Rhamnus cathartica); (IV) Eucalyptus (Eucalyptus globulus); (V) Glossy buckthorn (Rhamnus frangula); (VI) Melaleuca (Melaleuca quinquenervia); (VII) Norway maple (Acer platanoides); (VIII) Princess tree (Paulownia tomentosa); (IX) Salt cedar (Tamarix species); (X) Silk tree (Albizia julibrissin); (XI) Strawberry guava (Psidium cattleianum); (XII) Tree-of-heaven (Ailanthus altissima); (XIII) Velvet tree (Miconia calvescens); and (XIV) White poplar (Populus alba). (K) Seed-tree cut \nThe term seed-tree cut means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time. (L) Selection management \n(i) In general \nThe term selection management means a method of logging that emphasizes the periodic, individual selection and removal of varying size and age classes of the weaker, nondominant cull trees in a stand and leaves uncut the stronger dominant trees to survive and reproduce, in a manner that works with natural forest processes and— (I) ensures the maintenance of continuous high forest cover where high forest cover naturally occurs; (II) ensures the maintenance or natural regeneration of all native species in a stand; (III) ensures the growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products including clean water, rich soil, and native plants and wildlife; and (IV) ensures that some dead trees, standing and downed, shall be left in each stand where selection logging occurs, to fulfill their necessary ecological functions in the forest ecosystem, including providing elemental and organic nutrients to the soil, water retention, and habitat for endemic insect species that provide the primary food source for predators (including various species of amphibians and birds, such as cavity nesting woodpeckers). (ii) Exclusion \n(I) In general \nSubject to subclause (II), the term selection management does not include an even-age logging operation. (II) Felling age; native biodiversity \nSubclause (I) does not— (aa) establish a 150-year projected felling age as the standard at which individual trees in a stand are to be cut; or (bb) limit native biodiversity to that which occurs within the context of a 150-year projected felling age. (M) Shelterwood cut \nThe term shelterwood cut means an even-age logging operation that leaves— (i) a minority of the stand (larger than a seed-tree cut) as a seed source; or (ii) a protection cover remaining standing for any period of time. (N) Species diversity \nThe term species diversity means the richness and variety of native species in a particular location. (O) Stand \nThe term stand means a biological community of trees on land described in subsection (a), comprised of not more than 100 contiguous acres with sufficient identity of 1 or more characteristics (including location, topography, and dominant species) to be managed as a unit. (P) Timber purpose \n(i) In general \nThe term timber purpose means the use, sale, lease, or distribution of trees, including the felling of trees or portions of trees. (ii) Exception \nThe term timber purpose does not include the felling of trees or portions of trees to create land space for a Federal administrative structure. (Q) Within-community diversity \nThe term within-community diversity means the distinctive assemblages of species and ecological processes that occur in various physical settings of the biosphere and distinct locations. (2) Prohibition of clearcutting and other forms of even-age logging operations \nNo clearcutting or other form of even-age logging operation shall be permitted in any stand or watershed. (3) Management of native biodiversity \nOn each stand on which an even-age logging operation has been conducted on or before the date of enactment of this section, and on each deforested area managed for timber purposes on or before the date of enactment of this section, excluding areas occupied by existing buildings, the Secretary shall— (A) prescribe a shift to selection management; or (B) cease managing the stand for timber purposes, in which case the Secretary shall— (i) undertake an active restoration of the native biodiversity of the stand; or (ii) permit the stand to regain native biodiversity. (4) Enforcement \n(A) Finding \nCongress finds that all people of the United States are injured by actions on land to which subsection (g)(3)(B) and this subsection applies. (B) Purpose \nThe purpose of this paragraph is to foster the widest and most effective possible enforcement of subsection (g)(3)(B) and this subsection. (C) Federal enforcement \nThe Secretary of Agriculture, the Secretary of the Interior, and the Attorney General shall enforce subsection (g)(3)(B) and this subsection against any person that violates 1 or more of those provisions. (D) Citizen suits \n(i) In general \nA citizen harmed by a violation of subsection (g)(3)(B) or this subsection may bring a civil action in United States district court for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States. (ii) Judicial relief \nIf a district court of the United States determines that a violation of subsection (g)(3)(B) or this subsection has occurred, the district court— (I) shall impose a damage award of not less than $5,000; (II) may issue 1 or more injunctions or other forms of equitable relief; and (III) shall award to the plaintiffs reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. (iii) Standard of proof \nThe standard of proof in all actions under this subparagraph shall be the preponderance of the evidence. (iv) Trial \nA trial for any action under this subsection shall be de novo. (E) Payment of damages \n(i) Non-federal violator \nA damage award under subparagraph (D)(ii) shall be paid to the Treasury by a non-Federal violator or violators designated by the court. (ii) Federal violator \n(I) In general \nNot later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (D)(ii) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award \nA damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. (III) Court costs \nAny award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (F) Waiver of sovereign immunity \n(i) In general \nThe United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection. (ii) Notice \nNo notice is required to enforce this subsection.", "id": "H75E8F0B690474D93BDE68376D9BAFBEB", "header": "Conservation of native biodiversity; selection logging; prohibition of clearcutting" }, { "text": "104. Conforming amendments \nSection 6(g)(3) of the Forest and Rangeland Renewable Resource Planning Act of 1974 ( 16 U.S.C. 1604(g)(3) ) is amended— (1) in subparagraph (D), by inserting and after the semicolon at the end; (2) in subparagraph (E), by striking ; and and inserting a period; and (3) by striking subparagraph (F).", "id": "H8E85FB603A1D457F8E8E2957DEA44746", "header": "Conforming amendments" }, { "text": "201. Findings \nCongress finds that— (1) unfragmented forests on Federal land, unique and valuable assets to the general public, are damaged by extractive logging; (2) less than 10 percent of the original unlogged forests of the United States remain, and the vast majority of the remnants of the original forests of the United States are located on Federal land; (3) large, unfragmented forest watersheds provide high-quality water supplies for drinking, agriculture, industry, and fisheries across the United States; (4) the most recent scientific studies indicate that several thousand species of plants and animals are dependent on large, unfragmented forest areas; (5) many neotropical migratory songbird species are experiencing documented broad-scale population declines and require large, unfragmented forests to ensure their survival; (6) destruction of large-scale natural forests has resulted in a tremendous loss of jobs in the fishing, hunting, tourism, recreation, and guiding industries, and has adversely affected sustainable nontimber forest products industries such as the collection of mushrooms and herbs; (7) extractive logging programs on Federal land are carried out at enormous financial costs to the Treasury and taxpayers of the United States; (8) Ancient forests continue to be threatened by logging and deforestation and are rapidly disappearing; (9) Ancient forests help regulate atmospheric balance, maintain biodiversity, and provide valuable scientific opportunity for monitoring the health of the planet; (10) prohibiting extractive logging in the Ancient forests would create the best conditions for ensuring stable, well distributed, and viable populations of the northern spotted owl, marbled murrelet, American marten, and other vertebrates, invertebrates, vascular plants, and nonvascular plants associated with those forests; (11) prohibiting extractive logging in the Ancient forests would create the best conditions for ensuring stable, well distributed, and viable populations of anadromous salmonids, resident salmonids, and bull trout; (12) roadless areas are de facto wilderness that provide wildlife habitat and recreation; (13) large unfragmented forests, contained in large part on roadless areas on Federal land, are among the last refuges for native animal and plant biodiversity, and are vital to maintaining viable populations of threatened, endangered, sensitive, and rare species; (14) roads cause soil erosion, disrupt wildlife migration, and allow nonnative species of plants and animals to invade native forests; (15) the mortality and reproduction patterns of forest dwelling animal populations are adversely affected by traffic-related fatalities that accompany roads; (16) the exceptional recreational, biological, scientific, or economic assets of certain special forested areas on Federal land are valuable to the public of the United States and are damaged by extractive logging; (17) in order to gauge the effectiveness and appropriateness of current and future resource management activities, and to continue to broaden and develop our understanding of silvicultural practices, many special forested areas need to remain in a natural, unmanaged state to serve as scientifically established baseline control forests; (18) certain special forested areas provide habitat for the survival and recovery of endangered and threatened plant and wildlife species, such as grizzly bears, spotted owls, Pacific salmon, and Pacific yew, that are harmed by extractive logging; (19) many special forested areas on Federal land are considered sacred sites by native peoples; and (20) as a legacy for the enjoyment, knowledge, and well-being of future generations, provisions must be made for the protection and perpetuation of the Ancient forests, roadless areas, watershed protection areas, and special areas of the United States.", "id": "HB67A26A047204AA89E538B03518181AE", "header": "Findings" }, { "text": "202. Definitions \nIn this title: (1) Ancient forest \nThe term Ancient forest means— (A) the northwest Ancient forests, including— (i) Federal land identified as late-successional reserves, riparian reserves, and key watersheds under the heading Alternative 1 of the report entitled Final Supplemental Environmental Impact Statement on Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl, Vol. I. , and dated February 1994; and (ii) Federal land identified by the term medium and large conifer multi-storied, canopied forests as defined in the report described in clause (i); (B) the eastside Cascade Ancient forests, including— (i) Federal land identified as Late-Succession/Old-growth Forest (LS/OG) depicted on maps for the Colville National Forest, Fremont National Forest, Malheur National Forest, Ochoco National Forest, Umatilla National Forest, Wallowa-Whitman National Forest, and Winema National Forest in the report entitled Interim Protection for Late-Successional Forests, Fisheries, and Watersheds: National Forests East of the Cascade Crest, Oregon, and Washington , prepared by the Eastside Forests Scientific Society Panel (The Wildlife Society, Technical Review 94–2, August 1994); (ii) Federal land east of the Cascade crest in the States of Oregon and Washington, defined as late successional and old-growth forests in the general definition on page 28 of the report described in clause (i); and (iii) Federal land classified as Oregon Aquatic Diversity Areas , as defined in the report described in clause (i); and (C) the Sierra Nevada Ancient forests, including— (i) Federal land identified as Areas of Late-Successional Emphasis (ALSE) in the report entitled, Final Report to Congress: Status of the Sierra Nevada , prepared by the Sierra Nevada Ecosystem Project (Wildland Resources Center Report #40, University of California, Davis, 1996/97); (ii) Federal land identified as Late-Succession/Old-Growth Forests Rank 3, 4 or 5 in the report described in clause (i); and (iii) Federal land identified as Potential Aquatic Diversity Management Areas on the map on page 1497 of Volume II of the report described in clause (i). (2) Extractive logging \nThe term extractive logging means the felling or removal of any trees from Federal forest land for any purpose. (3) Improved Road \nThe term improved road means any road maintained for travel by standard passenger type vehicles. (4) Roadless area \nThe term roadless area means a contiguous parcel of Federal land that is— (A) devoid of improved roads, except as provided in subparagraph (B); and (B) composed of— (i) at least 1,000 acres west of the 100th meridian (with up to 1/2 mile of improved roads per 1,000 acres); (ii) at least 1,000 acres east of the 100th meridian (with up to 1/2 mile of improved roads per 1,000 acres); or (iii) less than 1,000 acres, but share a border that is not an improved road with a wilderness area, primitive area, or wilderness study area. (5) Secretary \nThe term Secretary , with respect to any Federal land in an Ancient forest, roadless area, watershed protection area, or special area, means the head of the Federal agency having jurisdiction over the Federal land. (6) Special area \nThe term special area means an area of Federal forest land designated under section 3 that may not meet the definition of an Ancient forest, roadless area, or watershed protection area, but that— (A) possesses outstanding biological, scenic, recreational, or cultural values; and (B) is exemplary on a regional, national, or international level. (7) Watershed protection area \nThe term watershed protection area means Federal land that extends— (A) 300 feet from both sides of the active stream channel of any permanently flowing stream or river; (B) 100 feet from both sides of the active channel of any intermittent, ephemeral, or seasonal stream, or any other nonpermanently flowing drainage feature having a definable channel and evidence of annual scour or deposition of flow-related debris; (C) 300 feet from the edge of the maximum level of any natural lake or pond; or (D) 150 feet from the edge of the maximum level of a constructed lake, pond, or reservoir, or a natural or constructed wetland.", "id": "H05CA4D38DFAD44748CB212683BDFD29C", "header": "Definitions" }, { "text": "203. Designation of special areas \n(a) In general \n(1) Finding \nA special area shall possess at least 1 of the values described in paragraphs (2) through (5). (2) Biological values \nThe biological values of a special area may include the presence of— (A) threatened species or endangered species of plants or animals; (B) rare or endangered ecosystems; (C) key habitats necessary for the recovery of endangered species or threatened species; (D) recovery or restoration areas of rare or underrepresented forest ecosystems; (E) migration corridors; (F) areas of outstanding biodiversity; (G) old growth forests; (H) commercial fisheries; and (I) sources of clean water such as key watersheds. (3) Scenic values \nThe scenic values of a special area may include the presence of— (A) unusual geological formations; (B) designated wild and scenic rivers; (C) unique biota; and (D) vistas. (4) Recreational values \nThe recreational values of a special area may include the presence of— (A) designated national recreational trails or recreational areas; (B) areas that are popular for such recreation and sporting activities as— (i) hunting; (ii) fishing; (iii) camping; (iv) hiking; (v) aquatic recreation; and (vi) winter recreation; (C) Federal land in regions that are underserved in terms of recreation; (D) land adjacent to designated wilderness areas; and (E) solitude. (5) Cultural values \nThe cultural values of a special area may include the presence of— (A) sites with Native American religious significance; and (B) historic or prehistoric archaeological sites eligible for listing on the national historic register. (b) Size variation \nA special area may vary in size to encompass the outstanding biological, scenic, recreational, or cultural value or values to be protected. (c) Designation of special areas \nThere are designated the following special areas, which shall be subject to the management restrictions specified in section 204: (1) Alabama \n(A) Sipsey Wilderness headwaters \nCertain land in the Bankhead National Forest, Bankhead Ranger District, in Lawrence County, totaling approximately 22,000 acres, located directly north and upstream of the Sipsey Wilderness, and directly south of Forest Road 213. (B) Brushy fork \nCertain land in the Bankhead National Forest, Bankhead Ranger District, in Lawrence County, totaling approximately 6,200 acres, bounded by Forest Roads 249, 254, and 246 and Alabama Highway 33. (C) Rebecca mountain \nCertain land in the Talladega National Forest, Talladega Ranger District, Talladega County and Clay County, totaling approximately 9,000 acres, comprised of all Talladega National Forest lands south of Forest Roads 621 and 621 B, east of Alabama Highway 48/77 and County Highway 308, and north of the power transmission line. (D) Augusta mine ridge \nCertain land in the Talladega National Forest, Shoal Creek Ranger District, Cherokee County and Cleburn County, totaling approximately 6,000 acres, and comprised of all Talladega National Forest land north of the Chief Ladiga Rail Trail. (E) Mayfield creek \nCertain land in the Talladega National Forest, Oakmulgee Ranger District, in Rail County, totaling approximately 4,000 acres, and bounded by Forest Roads 731, 723, 718, and 718A. (F) Bear bay \nCertain land in the Conecuh National Forest, Conecuh District, in Covington County, totaling approximately 3,000 acres, bounded by County Road 11, Forest Road 305, County Road 3, and the County Road connecting County Roads 3 and 11. (2) Alaska \n(A) Turnagain Arm \nCertain land in the Chugach National Forest, on the Kenai Peninsula, totaling approximately 100,000 acres, extending from sea level to ridgetop surrounding the inlet of Turnagain Arm, known as Turnagain Arm. (B) Honker Divide \nCertain land in the Tongass National Forest, totaling approximately 75,000 acres, located on north central Prince of Wales Island, comprising the Thorne River and Hatchery Creek watersheds, stretching approximately 40 miles northwest from the vicinity of the town of Thorne Bay to the vicinity of the town of Coffman Cove, generally known as the Honker Divide. (3) Arizona: North Rim of the Grand Canyon \nCertain land in the Kaibab National Forest that is included in the Grand Canyon Game Preserve, totaling approximately 500,000 acres, abutting the northern side of the Grand Canyon in the area generally known as the North Rim of the Grand Canyon. (4) Arkansas \n(A) Cow Creek drainage, Arkansas \nCertain land in the Ouachita National Forest, Mena Ranger District, in Polk County, totaling approximately 7,000 acres, known as Cow Creek Drainage, Arkansas , and bounded approximately— (i) on the north, by County Road 95; (ii) on the south, by County Road 157; (iii) on the east, by County Road 48; and (iv) on the west, by the Arkansas-Oklahoma border. (B) Leader and brush mountains \nCertain land in the Ouachita National Forest, Montgomery County and Polk County, totaling approximately 120,000 acres, known as Leader Mountain and Brush Mountain , located in the vicinity of the Blaylock Creek Watershed between Long Creek and the South Fork of the Saline River. (C) Polk Creek area \nCertain land in the Ouachita National Forest, Mena Ranger District, totaling approximately 20,000 acres, bounded by Arkansas Highway 4 and Forest Roads 73 and 43, known as the Polk Creek area. (D) Lower Buffalo River Watershed \nCertain land in the Ozark National Forest, Sylamore Ranger District, totaling approximately 6,000 acres, including Forest Service land that has not been designated as a wilderness area before the date of enactment of this Act, located in the watershed of Big Creek southwest of the Leatherwood Wilderness Area, Searcy County and Marion County, and known as the Lower Buffalo River Watershed. (E) Upper Buffalo River Watershed \nCertain land in the Ozark National Forest, Buffalo Ranger District, totaling approximately 220,000 acres, comprised of Forest Service that has not been designated as a wilderness area before the date of enactment of this Act, known as the Upper Buffalo River Watershed , located approximately 35 miles from the town of Harrison, Madison County, Newton County, and Searcy County, upstream of the confluence of the Buffalo River and Richland Creek in the watersheds of— (i) the Buffalo River; (ii) the various streams comprising the Headwaters of the Buffalo River; (iii) Richland Creek; (iv) Little Buffalo Headwaters; (v) Edgmon Creek; (vi) Big Creek; and (vii) Cane Creek. (5) California: Giant Sequoia Preserve \nCertain land in the Sequoia National Forest and Sierra National Forest, known as the Giant Sequoia Preserve , comprised of 3 discontinuous parcels and approximately 442,425 acres, located in Fresno County, Tulare County, and Kern County, in the Southern Sierra Nevada mountain range, including— (A) the Kings River Unit (145,600 acres) and nearby Redwood Mountain Unit (11,730 acres), located approximately 25 miles east of the city of Fresno; and (B) the South Unit (285,095 acres), located approximately 15 miles east of the city of Porterville. (6) Colorado: Cochetopa Hills \nCertain land in the Gunnison Basin area, known as the Cochetopa Hills , administered by the Gunnison National Forest, Grand Mesa National Forest, Uncompahgre National Forest, and Rio Grand National Forest, totaling approximately 500,000 acres, spanning the continental divide south and east of the city of Gunnison, in Saguache County, and including— (A) Elk Mountain and West Elk Mountain; (B) the Grand Mesa; (C) the Uncompahgre Plateau; (D) the northern San Juan Mountains; (E) the La Garitas Mountains; and (F) the Cochetopa Hills. (7) Georgia \n(A) Armuchee Cluster \nCertain land in the Chattahoochee National Forest, Armuchee Ranger District, known as the Armuchee Cluster , totaling approximately 19,700 acres, comprised of 3 parcels known as Rocky Face , Johns Mountain , and Hidden Creek , located approximately 10 miles southwest of Dalton and 14 miles north of Rome, in Whitfield County, Walker County, Chattooga County, Floyd County, and Gordon County. (B) Blue ridge corridor cluster, Georgia areas \nCertain land in the Chattahoochee National Forest, Chestatee Ranger District, totaling approximately 15,000 acres, known as the Blue Ridge Corridor Cluster, Georgia Areas , comprised of 5 parcels known as Horse Gap , Hogback Mountain , Blackwell Creek , Little Cedar Mountain , and Black Mountain , located approximately 15 to 20 miles north of the town of Dahlonega, in Union County and Lumpkin County. (C) Chattooga watershed cluster, Georgia areas \nCertain land in the Chattahoochee National Forest, Tallulah Ranger District, totaling 63,500 acres, known as the Chattooga Watershed Cluster, Georgia Areas , comprised of 7 areas known as Rabun Bald , Three Forks , Ellicott Rock Extension , Rock Gorge , Big Shoals , Thrift’s Ferry , and Five Falls , in Rabun County, near the towns of Clayton, Georgia, and Dillard, South Carolina. (D) Cohutta Cluster \nCertain land in the Chattahoochee National Forest, Cohutta Ranger District, totaling approximately 28,000 acres, known as the Cohutta Cluster , comprised of 4 parcels known as Cohutta Extensions , Grassy Mountain , Emery Creek , and Mountaintown , near the towns of Chatsworth and Ellijay, in Murray County, Fannin County, and Gilmer County. (E) Duncan Ridge Cluster \nCertain land in the Chattahoochee National Forest, Brasstown and Toccoa Ranger Districts, totaling approximately 17,000 acres, known as the Duncan Ridge Cluster , comprised of the parcels known as Licklog Mountain , Duncan Ridge , Board Camp , and Cooper Creek Scenic Area Extension , approximately 10 to 15 miles south of the town of Blairsville, in Union County and Fannin County. (F) Ed Jenkins National Recreation Area Cluster \nCertain land in the Chattahoochee National Forest, Toccoa and Chestatee Ranger Districts, totaling approximately 19,300 acres, known as the Ed Jenkins National Recreation Area Cluster , comprised of the Springer Mountain, Mill Creek, and Toonowee parcels, 30 miles north of the town of Dahlonega, in Fannin County, Dawson County, and Lumpkin County. (G) Gainesville Ridges Cluster \nCertain land in the Chattahoochee National Forest, Chattooga Ranger District, totaling approximately 14,200 acres, known as the Gainesville Ridges Cluster , comprised of 3 parcels known as Panther Creek , Tugaloo Uplands , and Middle Fork Broad River , approximately 10 miles from the town of Toccoa, in Habersham County and Stephens County. (H) Northern blue ridge cluster, Georgia areas \nCertain land in the Chattahoochee National Forest, Brasstown and Tallulah Ranger Districts, totaling approximately 46,000 acres, known as the Northern Blue Ridge Cluster, Georgia Areas , comprised of 8 areas known as Andrews Cove , Anna Ruby Falls Scenic Area Extension , High Shoals , Tray Mountain Extension , Kelly Ridge-Moccasin Creek , Buzzard Knob , Southern Nantahala Extension , and Patterson Gap , approximately 5 to 15 miles north of Helen, 5 to 15 miles southeast of Hiawassee, north of Clayton, and west of Dillard, in White County, Towns County, and Rabun County. (I) Rich Mountain Cluster \nCertain land in the Chattahoochee National Forest, Toccoa Ranger District, totaling approximately 9,500 acres, known as the Rich Mountain Cluster , comprised of the parcels known as Rich Mountain Extension and Rocky Mountain , located 10 to 15 miles northeast of the town of Ellijay, in Gilmer County and Fannin County. (J) Wilderness heartlands cluster, Georgia areas \nCertain land in the Chattahoochee National Forest, Chestatee, Brasstown and Chattooga Ranger Districts, totaling approximately 16,500 acres, known as the Wilderness Heartlands Cluster, Georgia Areas , comprised of 4 parcels known as the Blood Mountain Extensions , Raven Cliffs Extensions , Mark Trail Extensions , and Brasstown Extensions , near the towns of Dahlonega, Cleveland, Helen, and Blairsville, in Lumpkin County, Union County, White County, and Towns County. (8) Idaho \n(A) Cove/Mallard \nCertain land in the Nez Perce National Forest, totaling approximately 94,000 acres, located approximately 30 miles southwest of the town of Elk City, and west of the town of Dixie, in the area generally known as Cove/Mallard. (B) Meadow Creek \nCertain land in the Nez Perce National Forest, totaling approximately 180,000 acres, located approximately 8 miles east of the town of Elk City in the area generally known as Meadow Creek. (C) French Creek/Patrick Butte \nCertain land in the Payette National Forest, totaling approximately 141,000 acres, located approximately 20 miles north of the town of McCall in the area generally known as French Creek/Patrick Butte. (9) Illinois \n(A) Cripps Bend \nCertain land in the Shawnee National Forest, totaling approximately 39 acres, located in Jackson County in the Big Muddy River watershed, in the area generally known as Cripps Bend. (B) Opportunity Area 6 \nCertain land in the Shawnee National Forest, totaling approximately 50,000 acres, located in northern Pope County surrounding Bell Smith Springs Natural Area, in the area generally known as Opportunity Area 6. (C) Quarrel Creek \nCertain land in the Shawnee National Forest, totaling approximately 490 acres, located in northern Pope County in the Quarrel Creek watershed, in the area generally known as Quarrel Creek. (10) Michigan: Trap Hills \nCertain land in the Ottawa National Forest, Bergland Ranger District, totaling approximately 37,120 acres, known as the Trap Hills , located approximately 5 miles from the town of Bergland, in Ontonagon County. (11) Minnesota \n(A) Trout Lake and suomi hills \nCertain land in the Chippewa National Forest, totaling approximately 12,000 acres, known as Trout Lake/Suomi Hills in Itasca County. (B) Lullaby White Pine Reserve \nCertain land in the Superior National Forest, Gunflint Ranger District, totaling approximately 2,518 acres, in the South Brule Opportunity Area, northwest of Grand Marais in Cook County, known as the Lullaby White Pine Reserve. (12) Missouri: Eleven Point-Big Springs Area \nCertain land in the Mark Twain National Forest, Eleven Point Ranger District, totaling approximately 200,000 acres, comprised of the administrative area of the Eleven Point Ranger District, known as the Eleven Point-Big Springs Area. (13) Montana: Mount Bushnell \nCertain land in the Lolo National Forest, totaling approximately 41,000 acres, located approximately 5 miles southwest of the town of Thompson Falls in the area generally known as Mount Bushnell. (14) New Mexico \n(A) Angostura \nCertain land in the eastern half of the Carson National Forest, Camino Real Ranger District, totaling approximately 10,000 acres, located in Township 21, Ranges 12 and 13, known as Angostura , and bounded— (i) on the northeast, by Highway 518; (ii) on the southeast, by the Angostura Creek watershed boundary; (iii) on the southern side, by Trail 19 and the Pecos Wilderness; and (iv) on the west, by the Agua Piedra Creek watershed. (B) La Manga \nCertain land in the western half of the Carson National Forest, El Rito Ranger District, at the Vallecitos Sustained Yield Unit, totaling approximately 5,400 acres, known as La Manga , in Township 27, Range 6, and bounded— (i) on the north, by the Tierra Amarilla Land Grant; (ii) on the south, by Canada Escondida; (iii) on the west, by the Sustained Yield Unit boundary and the Tierra Amarilla Land Grant; and (iv) on the east, by the Rio Vallecitos. (C) Elk Mountain \nCertain land in the Santa Fe National Forest, totaling approximately 7,220 acres, known as Elk Mountain located in Townships 17 and 18 and Ranges 12 and 13, and bounded— (i) on the north, by the Pecos Wilderness; (ii) on the east, by the Cow Creek Watershed; (iii) on the west, by the Cow Creek; and (iv) on the south, by Rito de la Osha. (D) Jemez Highlands \nCertain land in the Jemez Ranger District of the Santa Fe National Forest, totaling approximately 54,400 acres, known as the Jemez Highlands , located primarily in Sandoval County. (15) North Carolina \n(A) Central nantahala cluster, North Carolina areas \nCertain land in the Nantahala National Forest, Tusquitee, Cheoah, and Wayah Ranger Districts, totaling approximately 107,000 acres, known as the Central Nantahala Cluster, North Carolina Areas , comprised of 9 parcels known as Tusquitee Bald , Shooting Creek Bald , Cheoah Bald , Piercy Bald , Wesser Bald , Tellico Bald , Split White Oak , Siler Bald , and Southern Nantahala Extensions , near the towns of Murphy, Franklin, Bryson City, Andrews, and Beechertown, in Cherokee County, Macon County, Clay County, and Swain County. (B) Chattooga watershed cluster, North Carolina areas \nCertain land in the Nantahala National Forest, Highlands Ranger District, totaling approximately 8,000 acres, known as the Chattooga Watershed Cluster, North Carolina Areas , comprised of the Overflow (Blue Valley) and Terrapin Mountain parcels, 5 miles from the town of Highlands, in Macon County and Jackson County. (C) Tennessee border cluster, North Carolina areas \nCertain land in the Nantahala National Forest, Tusquitee and Cheoah Ranger Districts, totaling approximately 28,000 acres, known as the Tennessee Border Cluster, North Carolina Areas , comprised of the 4 parcels known as the Unicoi Mountains , Deaden Tree , Snowbird , and Joyce Kilmer-Slickrock Extension , near the towns of Murphy and Robbinsville, in Cherokee County and Graham County. (D) Bald Mountains \nCertain land in the Pisgah National Forest, French Broad Ranger District, totaling approximately 13,000 acres known as the Bald Mountains , located 12 miles northeast of the town of Hot Springs, in Madison County. (E) Big Ivy Tract \nCertain land in the Pisgah National Forest, totaling approximately 14,000 acres, located approximately 15 miles west of Mount Mitchell in the area generally known as the Big Ivy Tract. (F) Black mountains cluster, North Carolina areas \nCertain land in the Pisgah National Forest, Toecane and Grandfather Ranger Districts, totaling approximately 62,000 acres, known as the Black Mountains Cluster, North Carolina Areas , comprised of 5 parcels known as Craggy Mountains , Black Mountains , Jarrett Creek , Mackey Mountain , and Woods Mountain , near the towns of Burnsville, Montreat and Marion, in Buncombe County, Yancey County, and McDowell County. (G) Linville Cluster \nCertain land in the Pisgah National Forest, Grandfather District, totaling approximately 42,000 acres, known as the Linville Cluster , comprised of 7 parcels known as Dobson Knob , Linville Gorge Extension , Steels Creek , Sugar Knob , Harper Creek , Lost Cove , and Upper Wilson Creek , near the towns of Marion, Morgantown, Spruce Pine, Linville, and Blowing Rock, in Burke County, McDowell County, Avery County, and Caldwell County. (H) Nolichucky, North Carolina area \nCertain land in the Pisgah National Forest, Toecane Ranger District, totaling approximately 4,000 acres, known as the Nolichucky, North Carolina Area , located 25 miles northwest of Burnsville, in Mitchell County and Yancey County. (I) Pisgah cluster, North Carolina areas \nCertain land in the Pisgah National Forest, Pisgah Ranger District, totaling approximately 52,000 acres, known as the Pisgah Cluster, North Carolina Areas , comprised of 5 parcels known as Shining Rock and Middle Prong Extensions , Daniel Ridge , Cedar Rock Mountain , South Mills River , and Laurel Mountain , 5 to 12 miles north of the town of Brevard and southwest of the city of Asheville, in Haywood County, Transylvania County, and Henderson County. (J) Wildcat \nCertain land in the Pisgah National Forest, French Broad Ranger District, totaling approximately 6,500 acres, known as Wildcat , located 20 miles northwest of the town of Canton, in Haywood County. (16) Ohio \n(A) Archers Fork Complex \nCertain land in the Marietta Unit of the Athens Ranger District, in the Wayne National Forest, in Washington County, known as Archers Fork Complex , totaling approximately 18,350 acres, located northeast of Newport and bounded— (i) on the northwest, by State Highway 26; (ii) on the northeast, by State Highway 260; (iii) on the southeast, by the Ohio River; and (iv) on the southwest, by Bear Run and Danas Creek. (B) Bluegrass Ridge \nCertain land in the Ironton Ranger District on the Wayne National Forest, in Lawrence County, known as Bluegrass Ridge , totaling approximately 4,000 acres, located 3 miles east of Etna in Township 4 North, Range 17 West, Sections 19 through 23 and 27 through 30. (C) Buffalo Creek \nCertain land in the Ironton Ranger District of the Wayne National Forest, Lawrence County, Ohio, known as Buffalo Creek , totaling approximately 6500 acres, located 4 miles northwest of Waterloo in Township 5 North, Ranger 17 West, sections 3 through 10 and 15 through 18. (D) Lake Vesuvius \nCertain land in the Ironton Ranger District of the Wayne National Forest, in Lawrence County, totaling approximately 4,900 acres, generally known as Lake Vesuvius , located to the east of Etna in Township 2 North, Range 18 West, and bounded— (i) on the southwest, by State Highway 93; and (ii) on the northwest, by State Highway 4. (E) Morgan Sisters \nCertain land in the Ironton Ranger District of the Wayne National Forest, in Lawrence County, known as Morgan Sisters , totaling approximately 2,500 acres, located 1 mile east of Gallia and bounded by State Highway 233 in Township 6 North, Range 17 West, sections 13, 14, 23 and 24 and Township 5 North, Range 16 West, sections 18 and 19. (F) Utah Ridge \nCertain land in the Athens Ranger District of the Wayne National Forest, in Athens County, known as Utah Ridge , totaling approximately 9,000 acres, located 1 mile northwest of Chauncey and bounded— (i) on the southeast, by State Highway 682 and State Highway 13; (ii) on the southwest, by US Highway 33 and State Highway 216; and (iii) on the north, by State Highway 665. (G) Wildcat Hollow \nCertain land in the Athens Ranger District of the Wayne National Forest, in Perry County and Morgan County, known as Wildcat Hollow , totaling approximately 4,500 acres, located 1 mile east of Corning in Township 12 North, Range 14 West, sections 1, 2, 11–14, 23 and 24 and Township 8 North, Range 13 West, sections 7, 18, and 19. (17) Oklahoma: Cow Creek drainage, Oklahoma \nCertain land in the Ouachita National Forest, Mena Ranger District, in Le Flore County, totaling approximately 3,000 acres, known as Cow Creek Drainage, Oklahoma , and bounded approximately— (A) on the west, by the Beech Creek National Scenic Area; (B) on the north, by State Highway 63; (C) on the east, by the Arkansas-Oklahoma border; and (D) on the south, by County Road 9038 on the south. (18) Oregon: Applegate Wilderness \nCertain land in the Siskiyou National Forest and Rogue River National Forest, totaling approximately 20,000 acres, approximately 20 miles southwest of the town of Grants Pass and 10 miles south of the town of Williams, in the area generally known as the Applegate Wilderness. (19) Pennsylvania \n(A) The Bear Creek special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Elk County, totaling approximately 7,800 acres, and comprised of Allegheny National Forest land bounded— (i) on the west, by Forest Service Road 136; (ii) on the north, by Forest Service Roads 339 and 237; (iii) on the east, by Forest Service Road 143; and (iv) on the south, by Forest Service Road 135. (B) The bogus rocks special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Forest County, totaling approximately 1,015 acres, and comprised of Allegheny National Forest land in compartment 714 bounded— (i) on the northeast and east, by State Route 948; (ii) on the south, by State Route 66; (iii) on the southwest and west, by Township Road 370; (iv) on the northwest, by Forest Service Road 632; and (v) on the north, by a pipeline. (C) The chappel fork special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, McKean County, totaling approximately 10,000 acres, and comprised of Allegheny National Forest land bounded— (i) on the south and southeast, by State Road 321; (ii) on the south, by Chappel Bay; (iii) on the west, by the Allegheny Reservoir; (iv) on the north, by State Route 59; and (v) on the east, by private land. (D) The fools creek special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, Warren County, totaling approximately 1,500 acres, and comprised of Allegheny National Forest land south and west of Forest Service Road 255 and west of FR 255A, bounded— (i) on the west, by Minister Road; and (ii) on the south, by private land. (E) The hickory creek special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, Warren County, totaling approximately 2,000 acres, and comprised of Allegheny National Forest land bounded— (i) on the east and northeast, by Heart’s Content Road; (ii) on the south, by Hickory Creek Wilderness Area; (iii) on the northwest, by private land; and (iv) on the north, by Allegheny Front National Recreation Area. (F) The lamentation run special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Forest County, totaling approximately 4,500 acres, and— (i) comprised of Allegheny National Forest land bounded— (I) on the north, by Tionesta Creek; (II) on the east, by Salmon Creek; (III) on the southeast and southwest, by private land; and (IV) on the south, by Forest Service Road 210; and (ii) including the lower reaches of Bear Creek. (G) The lewis run special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, McKean County, totaling approximately 500 acres, and comprised of Allegheny National Forest land north and east of Forest Service Road 312.3, including land known as the Lewis Run Natural Area and consisting of land within Compartment 466, Stands 1–3, 5–8, 10–14, and 18–27. (H) The mill creek special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Elk County, totaling approximately 2,000 acres, and comprised of Allegheny National Forest land within a 1-mile radius of the confluence of Red Mill Run and Big Mill Creek and known as the Mill Creek Natural Area. (I) The millstone creek special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Forest County, totaling approximately 30,000 acres, and comprised of Allegheny National Forest land bounded— (i) on the north, by State Route 66; (ii) on the northeast, by Forest Service Road 226; (iii) on the east, by Forest Service Roads 130, 774, and 228; (iv) on the southeast, by State Road 3002 and Forest Service Road 189; (v) on the south, by the Clarion River; and (vi) on the southwest, west, and northwest, by private land. (J) The minister creek special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, Warren County, totalling approximately 6,600 acres, and comprised of Allegheny National Forest land bounded— (i) on the north, by a snowmobile trail; (ii) on the east, by Minister Road; (iii) on the south, by State Route 666 and private land; (iv) on the southwest, by Forest Service Road 420; and (v) on the west, by warrants 3109 and 3014. (K) The muzette special area \nCertain land in the Allegheny National Forest, Marienville Ranger District, Forest County, totaling approximately 325 acres, and comprised of Allegheny National Forest land bounded— (i) on the west, by 79°16' longitude, approximately; (ii) on the north, by Forest Service Road 561; (iii) on the east, by Forest Service Road 212; and (iv) on the south, by private land. (L) The sugar run special area \nCertain land in the Allegheny National Forest, Bradford Ranger District, McKean County, totaling approximately 8,800 acres, and comprised of Allegheny National Forest land bounded— (i) on the north, by State Route 346 and private land; (ii) on the east, by Forest Service Road 137; and (iii) on the south and west, by State Route 321. (M) The tionesta special area \nCertain land in the Allegheny National Forest, Bradford and Marienville Ranger Districts, Elk, Forest, McKean, and Warren Counties, totalling approximately 27,000 acres, and comprised of Allegheny National Forest land bounded— (i) on the west, by private land and State Route 948; (ii) on the northwest, by Forest Service Road 258; (iii) on the north, by Hoffman Farm Recreation Area and Forest Service Road 486; (iv) on the northeast, by private land and State Route 6; (v) on the east, by private land south to Forest Road 133, then by snowmobile trail from Forest Road 133 to Windy City, then by private land and Forest Road 327 to Russell City; and (vi) on the southwest, by State Routes 66 and 948. (20) South Carolina \n(A) Big shoals, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 2,000 acres, known as Big Shoals, South Carolina Area , 15 miles south of Highlands, North Carolina. (B) Brasstown creek, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 3,500 acres, known as Brasstown Creek, South Carolina Area , approximately 15 miles west of Westminster, South Carolina. (C) Chauga \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 16,000 acres, known as Chauga , approximately 10 miles west of Walhalla, South Carolina. (D) Dark Bottoms \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 4,000 acres, known as Dark Bottoms , approximately 10 miles northwest of Westminster, South Carolina. (E) Ellicott rock extension, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 2,000 acres, known as Ellicott Rock Extension, South Carolina Area , located approximately 10 miles south of Cashiers, North Carolina. (F) Five Falls, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 3,500 acres, known as Five Falls, South Carolina Area , approximately 10 miles southeast of Clayton, Georgia. (G) Persimmon Mountain \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 7,000 acres, known as Persimmon Mountain , approximately 12 miles south of Cashiers, North Carolina. (H) Rock gorge, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 2,000 acres, known as Rock Gorge, South Carolina Area , 12 miles southeast of Highlands, North Carolina. (I) Tamassee \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 5,500 acres, known as Tamassee , approximately 10 miles north of Walhalla, South Carolina. (J) Thrift’s ferry, South Carolina area \nCertain land in the Sumter National Forest, Andrew Pickens Ranger District, in Oconee County, totaling approximately 5,000 acres, known as Thrift’s Ferry, South Carolina Area , 10 miles east of Clayton, Georgia. (21) South Dakota \n(A) Black Fox Area \nCertain land in the Black Hills National Forest, totaling approximately 12,400 acres, located in the upper reaches of the Rapid Creek watershed, known as the Black Fox Area , and roughly bounded— (i) on the north, by FDR 206; (ii) on the south, by the steep slopes north of Forest Road 231; and (iii) on the west, by a fork of Rapid Creek. (B) Breakneck Area \nCertain land in the Black Hills National Forest, totaling 6,700 acres, located along the northeast edge of the Black Hills in the vicinity of the Black Hills National Cemetery and the Bureau of Land Management’s Fort Meade Recreation Area, known as the Breakneck Area , and generally— (i) bounded by Forest Roads 139 and 169 on the north, west, and south; and (ii) demarcated along the eastern and western boundaries by the ridge-crests dividing the watershed. (C) Norbeck Preserve \nCertain land in the Black Hills National Forest, totaling approximately 27,766 acres, known as the Norbeck Preserve , and encompassed approximately by a boundary that, starting at the southeast corner— (i) runs north along FDR 753 and United States Highway Alt. 16, then along SD 244 to the junction of Palmer Creek Road, which serves generally as a northwest limit; (ii) heads south from the junction of Highways 87 and 89; (iii) runs southeast along Highway 87; and (iv) runs east back to FDR 753, excluding a corridor of private land along FDR 345. (D) Pilger Mountain Area \nCertain land in the Black Hills National Forest, totaling approximately 12,600 acres, known as the Pilger Mountain Area , located in the Elk Mountains on the southwest edge of the Black Hills, and roughly bounded— (i) on the east and northeast, by Forest Roads 318 and 319; (ii) on the north and northwest, by Road 312; and (iii) on the southwest, by private land. (E) Stagebarn Canyons \nCertain land in the Black Hills National Forest, known as Stagebarn Canyons , totaling approximately 7,300 acres, approximately 10 miles west of Rapid City, South Dakota. (22) Tennessee \n(A) Bald Mountains cluster, Tennessee areas \nCertain land in the Nolichucky and Unaka Ranger Districts of the Cherokee National Forest, in Cocke County, Green County, Washington County, and Unicoi County, totaling approximately 46,133 acres, known as the Bald Mountains Cluster, Tennessee Areas , and comprised of 10 parcels known as Laurel Hollow Mountain , Devil’s Backbone , Laurel Mountain , Walnut Mountain , Wolf Creek , Meadow Creek Mountain , Brush Creek Mountain , Paint Creek , Bald Mountain , and Sampson Mountain Extension , located near the towns of Newport, Hot Springs, Greeneville, and Erwin. (B) Big Frog/Cohutta Cluster \nCertain land in the Cherokee National Forest, in Polk County, Ocoee Ranger District, Hiwassee Ranger District, and Tennessee Ranger District, totaling approximately 28,800 acres, known as the Big Frog/Cohutta Cluster , comprised of 4 parcels known as Big Frog Extensions , Little Frog Extensions , Smith Mountain , and Rock Creek , located near the towns of Copperhill, Ducktown, Turtletown, and Benton. (C) Citico Creek Watershed Cluster Tennessee Areas \nCertain land in the Tellico Ranger District of the Cherokee National Forest, in Monroe County, totaling approximately 14,256 acres, known as the Citico Creek Watershed Cluster, Tennessee Areas , comprised of 4 parcels known as Flats Mountain , Miller Ridge , Cowcamp Ridge , and Joyce Kilmer-Slickrock Extension , near the town of Tellico Plains. (D) Iron Mountains Cluster \nCertain land in the Cherokee National Forest, Watauga Ranger District, totaling approximately 58,090 acres, known as the Iron Mountains Cluster , comprised of 8 parcels known as Big Laurel Branch Addition , Hickory Flat Branch , Flint Mill , Lower Iron Mountain , Upper Iron Mountain , London Bridge , Beaverdam Creek , and Rodgers Ridge , located near the towns of Bristol and Elizabethton, in Sullivan County and Johnson County. (E) Northern unicoi mountains cluster \nCertain land in the Tellico Ranger District of the Cherokee National Forest, in Monroe County, totaling approximately 30,453 acres, known as the Northern Unicoi Mountain Cluster , comprised of 4 parcels known as Bald River Gorge Extension , Upper Bald River , Sycamore Creek , and Brushy Ridge , near the town of Tellico Plains. (F) Roan Mountain Cluster \nCertain land in the Cherokee National Forest, Unaka and Watauga Ranger Districts, totaling approximately 23,725 acres known as the Roan Mountain Cluster , comprised of 7 parcels known as Strawberry Mountain , Highlands of Roan , Ripshin Ridge , Doe River Gorge Scenic Area , White Rocks Mountain , Slide Hollow and Watauga Reserve , approximately 8 to 20 miles south of the town of Elizabethton, in Unicoi County, Carter County, and Johnson County. (G) Southern Unicoi Mountains Cluster \nCertain land in the Hiwassee Ranger District of the Cherokee National Forest, in Polk County, Monroe County, and McMinn County, totaling approximately 11,251 acres, known as the Southern Unicoi Mountains Cluster , comprised of 3 parcels known as Gee Creek Extension , Coker Creek , and Buck Bald , near the towns of Etowah, Benton, and Turtletown. (H) Unaka mountains cluster, Tennessee areas \nCertain land in the Cherokee National Forest, Unaka Ranger District, totaling approximately 15,669 acres, known as the Unaka Mountains Cluster, Tennessee Areas , comprised of 3 parcels known as Nolichucky , Unaka Mountain Extension , and Stone Mountain , approximately 8 miles from Erwin, in Unicoi County and Carter County. (23) Texas: Longleaf Ridge \nCertain land in the Angelina National Forest, in Jasper County and Angelina County, totaling approximately 30,000 acres, generally known as Longleaf Ridge , and bounded— (A) on the west, by Upland Island Wilderness Area; (B) on the south, by the Neches River; and (C) on the northeast, by Sam Rayburn Reservoir. (24) Vermont \n(A) Glastenbury Area \nCertain land in the Green Mountain National Forest, totaling approximately 35,000 acres, located 3 miles northeast of Bennington, generally known as the Glastenbury Area , and bounded— (i) on the north, by Kelly Stand Road; (ii) on the east, by Forest Road 71; (iii) on the south, by Route 9; and (iv) on the west, by Route 7. (B) Lamb Brook \nCertain land in the Green Mountain National Forest, totaling approximately 5,500 acres, located 3 miles southwest of Wilmington, generally known as Lamb Brook , and bounded— (i) on the west, by Route 8; (ii) on the south, by Route 100; (iii) on the north, by Route 9; and (iv) on the east, by land owned by New England Power Company. (C) Robert Frost Mountain Area \nCertain land in the Green Mountain National Forest, totaling approximately 8,500 acres, known as Robert Frost Mountain Area , located northeast of Middlebury, consisting of the Forest Service land bounded— (i) on the west, by Route 116; (ii) on the north, by Bristol Notch Road; (iii) on the east, by Lincoln/Ripton Road; and (iv) on the south, by Route 125. (25) Virginia \n(A) Bear Creek \nCertain land in the Jefferson National Forest, Wythe Ranger District, known as Bear Creek , north of Rural Retreat, in Smyth County and Wythe County. (B) Cave Springs \nCertain land in the Jefferson National Forest, Clinch Ranger District, totaling approximately 3,000 acres, known as Cave Springs , between State Route 621 and the North Fork of the Powell River, in Lee County. (C) Dismal Creek \nCertain land totaling approximately 6,000 acres, in the Jefferson National Forest, Blacksburg Ranger District, known as Dismal Creek , north of State Route 42, in Giles County and Bland County. (D) Stone Coal Creek \nCertain land in the Jefferson National Forest, New Castle Ranger District, totaling approximately 2,000 acres, known as Stone Coal Creek , in Craig County and Botentourt County. (E) White oak ridge: terrapin mountain \nCertain land in the Glenwood Ranger District of the Jefferson National Forest, known as White Oak Ridge—Terrapin Mountain , totaling approximately 8,000 acres, east of the Blue Ridge Parkway, in Botentourt County and Rockbridge County. (F) Whitetop Mountain \nCertain land in the Jefferson National Forest, Mt. Rodgers Recreation Area, totaling 3,500 acres, known as Whitetop Mountain , in Washington County, Smyth County, and Grayson County. (G) Wilson Mountain \nCertain land known as Wilson Mountain , in the Jefferson National Forest, Glenwood Ranger District, totaling approximately 5,100 acres, east of Interstate 81, in Botentourt County and Rockbridge County. (H) Feathercamp \nCertain land in the Mt. Rodgers Recreation Area of the Jefferson National Forest, totaling 4,974 acres, known as Feathercamp , located northeast of the town of Damascus and north of State Route 58 on the Feathercamp ridge, in Washington County. (26) Wisconsin \n(A) Flynn Lake \nCertain land in the Chequamegon-Nicolet National Forest, Washburn Ranger District, totaling approximately 5,700 acres, known as Flynn Lake , in the Flynn Lake semi-primitive nonmotorized area, in Bayfield County. (B) Ghost Lake Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Great Divide Ranger District, totaling approximately 6,000 acres, known as Ghost Lake Cluster , including 5 parcels known as Ghost Lake , Perch Lake , Lower Teal River , Foo Lake , and Bulldog Springs , in Sawyer County. (C) Lake Owens Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Great Divide and Washburn Ranger Districts, totaling approximately 3,600 acres, known as Lake Owens Cluster , comprised of parcels known as Lake Owens , Eighteenmile Creek , Northeast Lake , and Sugarbush Lake , in Bayfield County. (D) Medford Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as the Medford Cluster , comprised of 12 parcels known as County E Hardwoods , Silver Creek/Mondeaux River Bottoms , Lost Lake Esker , North and South Fork Yellow Rivers , Bear Creek , Brush Creek , Chequamegon Waters , John’s and Joseph Creeks , Hay Creek Pine-Flatwoods , 558 Hardwoods , Richter Lake , and Lower Yellow River , in Taylor County. (E) Park Falls Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Medford-Park Falls Ranger District, totaling approximately 23,000 acres, known as Park Falls Cluster , comprised of 11 parcels known as Sixteen Lakes , Chippewa Trail , Tucker and Amik Lakes , Lower Rice Creek , Doering Tract , Foulds Creek , Bootjack Conifers , Pond , Mud and Riley Lake Peatlands , Little Willow Drumlin , and Elk River , in Price County and Vilas County. (F) Penokee Mountain Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Great Divide Ranger District, totaling approximately 23,000 acres, known as Penokee Mountain Cluster , comprised of— (i) the Marengo River and Brunsweiler River semi-primitive nonmotorized areas; and (ii) parcels known as St. Peters Dome , Brunsweiler River Gorge , Lake Three , Hell Hole Creek , and North Country Trail Hardwoods , in Ashland County and Bayfield County. (G) Southeast Great Divide Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Medford Park Falls Ranger District, totaling approximately 25,000 acres, known as the Southeast Great Divide Cluster , comprised of parcels known as Snoose Lake , Cub Lake , Springbrook Hardwoods , Upper Moose River , East Fork Chippewa River , Upper Torch River , Venison Creek , Upper Brunet River , Bear Lake Slough , and Noname Lake , in Ashland County and Sawyer County. (H) Diamond Roof Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Lakewood-Laona Ranger District, totaling approximately 6,000 acres, known as Diamond Roof Cluster , comprised of 4 parcels known as McCaslin Creek , Ada Lake , Section 10 Lake , and Diamond Roof , in Forest County, Langlade County, and Oconto County. (I) Argonne Forest Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as Argonne Forest Cluster , comprised of parcels known as Argonne Experimental Forest , Scott Creek , Atkins Lake , and Island Swamp , in Forest County. (J) Bonita Grade \nCertain land in the Chequamegon-Nicolet National Forest, Lakewood-Laona Ranger District, totaling approximately 1,200 acres, known as Bonita Grade , comprised of parcels known as Mountain Lakes , Temple Lake , Second South Branch , First South Branch , and South Branch Oconto River , in Langlade County. (K) Franklin and Butternut Lakes Cluster \nCertain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 12,000 acres, known as Franklin and Butternut Lakes Cluster , comprised of 8 parcels known as Bose Lake Hemlocks , Luna White Deer , Echo Lake , Franklin and Butternut Lakes , Wolf Lake , Upper Ninemile , Meadow , and Bailey Creeks , in Forest County and Oneida County. (L) Lauterman Lake and Kieper Creek \nCertain land in the Chequamegon-Nicolet National Forest, Eagle River-Florence Ranger District, totaling approximately 2,500 acres, known as Lauterman Lake and Kieper Creek , in Florence County. (27) Wyoming: Sand Creek Area \n(A) In general \nCertain land in the Black Hills National Forest, totaling approximately 8,300 acres known as the Sand Creek area , located in Crook County, in the far northwest corner of the Black Hills. (B) Boundary \nBeginning in the northwest corner and proceeding counterclockwise, the boundary for the Sand Creek Area roughly follows— (i) forest Roads 863, 866, 866.1B; (ii) a line linking forest roads 866.1B and 802.1B; (iii) forest road 802.1B; (iv) forest road 802.1; (v) an unnamed road; (vi) Spotted Tail Creek (excluding all private land); (vii) forest road 829.1; (viii) a line connecting forest roads 829.1 and 864; (ix) forest road 852.1; and (x) a line connecting forest roads 852.1 and 863. (d) Committee of scientists \n(1) Establishment \nThe Secretaries concerned shall appoint a committee consisting of scientists who— (A) are not officers or employees of the Federal Government; (B) are not officers or employees of any entity engaged in whole or in part in the production of wood or wood products; and (C) have not contracted with or represented any entity described in subparagraph (A) or (B) in a period beginning 5 years before the date on which the scientist is appointed to the committee. (2) Recommendations for additional special areas \nNot later than 2 years of the date of the enactment of this Act, the committee shall provide Congress with recommendations for additional special areas. (3) Candidate areas \nCandidate areas for recommendation as additional special areas shall have outstanding biological values that are exemplary on a local, regional, and national level, including the presence of— (A) threatened or endangered species of plants or animals; (B) rare or endangered ecosystems; (C) key habitats necessary for the recovery of endangered or threatened species; (D) recovery or restoration areas of rare or underrepresented forest ecosystems; (E) migration corridors; (F) areas of outstanding biodiversity; (G) old growth forests; (H) commercial fisheries; and (I) sources of clean water such as key watersheds. (4) Governing principle \nThe committee shall adhere to the principles of conservation biology in identifying special areas based on biological values.", "id": "HE6B5728F94B14F55A299A08EF743816D", "header": "Designation of special areas" }, { "text": "204. Restrictions on management activities in Ancient forests, roadless areas, watershed protection areas, and special areas \n(a) Restriction of management activities in Ancient forests \nOn Federal land located in Ancient forests— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted; and (3) no improvements for the purpose of extractive logging shall be permitted. (b) Restriction of management activities in roadless areas \nOn Federal land located in roadless areas (except military installations)— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. (c) Restriction of management activities in watershed protection areas \nOn Federal land located in watershed protection areas— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. (d) Restriction of management activities in special areas \nOn Federal land located in special areas— (1) no roads shall be constructed or reconstructed; (2) no extractive logging shall be permitted except of non-native invasive tree species, in which case the limitations on logging in title I shall apply; and (3) no improvements for the purpose of extractive logging shall be permitted. (e) Maintenance of existing Roads \n(1) In general \nExcept as provided in paragraph (2), the restrictions described in subsection (a) shall not prohibit the maintenance of an improved road, or any road accessing private inholdings. (2) Abandoned Roads \nAny road that the Secretary determines to have been abandoned before the date of enactment of this Act shall not be maintained or reconstructed. (f) Enforcement \n(1) Finding \nCongress finds that all people of the United States are injured by actions on land to which this section applies. (2) Purpose \nThe purpose of this subsection is to foster the widest possible enforcement of this section. (3) Federal enforcement \nThe Secretary and the Attorney General of the United States shall enforce this section against any person that violates this section. (4) Citizen suits \n(A) In general \nA citizen harmed by a violation of this section may enforce this section by bringing a civil action for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States, in any district court of the United States. (B) Judicial relief \nIf a district court of the United States determines that a violation of this section has occurred, the district court— (i) shall impose a damage award of not less than $5,000; (ii) may issue 1 or more injunctions or other forms of equitable relief; and (iii) shall award to each prevailing party the reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. (C) Standard of proof \nThe standard of proof in all actions under this paragraph shall be the preponderance of the evidence. (D) Trial \nA trial for any action under this section shall be de novo. (E) Payment of damages \n(i) Non-federal violator \nA damage award under subparagraph (B)(i) shall be paid by a non-Federal violator or violators designated by the court to the Treasury. (ii) Federal violator \n(I) In general \nNot later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (B)(i) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award \nA damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. (III) Court costs \nAny award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (5) Waiver of sovereign immunity \n(A) In general \nThe United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under this section. (B) Notice \nNo notice is required to enforce this subsection.", "id": "HF1005B9DA5124CE8A080B2B71150BC99", "header": "Restrictions on management activities in Ancient forests, roadless areas, watershed protection areas, and special areas" }, { "text": "301. Effective date \nThis Act and the amendments made by this Act take effect on the date of enactment of this Act.", "id": "H489F3BBA9A344303AADCC2A7B76F246", "header": "Effective date" }, { "text": "302. Effect on existing contracts \nThis Act and the amendments made by this Act shall not apply to any contract for the sale of timber that was entered into on or before the date of enactment of this Act.", "id": "H539A2CCAF70D4FB39F511F64A30979A3", "header": "Effect on existing contracts" }, { "text": "303. Wilderness Act exclusion \nThis Act and the amendments made by this Act shall not apply to any Federal wilderness area designated under the Wilderness Act ( 16 U.S.C. 1131 et seq. ).", "id": "H6DFF68235A6C4258B860438128BBDB60", "header": "Wilderness Act exclusion" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Disability Benefit Fairness Act of 2004.", "id": "H30E49096FFB143E691798D67B68372ED", "header": "Short title" }, { "text": "2. Elimination of 5-month waiting period for benefits based on disability \n(a) Disability insurance benefits \n(1) In general \nThe first sentence of section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended by striking (i) for each month and all that follows through the first month in which he is under such disability and inserting the following: for each month beginning with the first month during all of which such individual is under a disability and in which such individual becomes so entitled to such insurance benefits. (2) Waiting period eliminated from determination of benefit amount \n(A) In general \nThe first sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking in— and all that follows through and as though and inserting the following: in the first month for which such individual becomes entitled to such disability insurance benefits, and as though. (B) Conforming amendment \nThe second sentence of section 223(a)(2) of such Act ( 42 U.S.C. 423(a)(2) ) is amended by striking subparagraph (A) or (B) of such sentence, as the case may be and inserting such sentence. (3) Elimination of defined term \n(A) In general \nSection 223(c)(2) of such Act is repealed. (B) Conforming amendments \n(i) The heading of section 223(c) of such Act ( 42 U.S.C. 423(c) ) is amended to read as follows: Definition of Insured Status. (ii) Section 223(c)(1) of such Act ( 42 U.S.C. 423(c)(1) ) is amended by striking For purposes of subparagraph (B) of this paragraph, when the number of quarters in the last sentence and inserting the following: (2) In applying paragraph (1)(B), when the number of quarters. (b) Widow’s insurance benefits based on disability \n(1) In general \nSection 202(e)(1)(F) of such Act ( 42 U.S.C. 402(e)(1)(F) ) is amended to read as follows: (F) if she satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(e) of such Act ( 42 U.S.C. 402(e) ) is amended— (A) by striking paragraph (5); and (B) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (5), (6), (7), and (8), respectively. (c) Widower’s insurance benefits based on disability \n(1) In general \nSection 202(f)(1)(F) of such Act ( 42 U.S.C. 402(f)(1)(F) ) is amended to read as follows: (F) if he satisfies subparagraph (B) by reason of clause (ii) thereof, the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits,. (2) Elimination of defined term \nSection 202(f) of such Act ( 42 U.S.C. 402(f) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (d) Elimination of waiting period for commencement of periods of disability \nSection 216(i)(2)(A) of such Act ( 42 U.S.C. 416(i)(2)(A) ) is amended by striking , but only and all that follows and inserting a period. (e) Effective dates \nThe amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months after the third month following the month in which this Act is enacted. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act ( 42 U.S.C. 402 ) for months after the third month following the month in which this Act is enacted. The amendment made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act on or after the 90th day following the date of the enactment of this Act.", "id": "H84D573AB0E6940F1A8F4FFBEE32E48", "header": "Elimination of 5-month waiting period for benefits based on disability" }, { "text": "3. Elimination of reconsideration in the review process governing decisions on benefit entitlement \n(a) In general \nSection 205(b)(1) of the Social Security Act ( 42 U.S.C. 405(b)(1) ) is amended by adding at the end the following new sentence: Opportunity for a hearing under this title in accordance with this subsection with respect to any initial decision or determination under this title shall be available without any requirement for intervening reconsideration.. (b) Conforming amendments \nSection 205(b) of such Act is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Effective date \nThe amendments made by this section shall apply with respect to initial decisions and determinations (subject to opportunity for a hearing to the extent provided under section 205(b) of the Social Security Act) issued after 1 year after the date of the enactment of this Act.", "id": "H6B041C02C0F54193A9F168D03B194B4", "header": "Elimination of reconsideration in the review process governing decisions on benefit entitlement" } ]

[ { "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" } ]

[ { "text": "1. Replacement of Coastal Barrier Resources System map relating to Grayton Beach Unit FL-95P in Walton County, Florida \n(a) In general \nThe map described in subsection (b) relating to the Coastal Barrier Resources System unit Grayton Beach Unit FL-95P, located in Walton County, Florida, as included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ), is hereby replaced by another map relating to that unit entitled ___ and dated ____. (b) Replaced map described \nThe map replaced under subsection (a) is subtitled COASTAL BARRIER RESOURCES SYSTEM GRAYTON BEACH UNIT FL-95P DRAPER LAKE UNIT FL-96 and dated October 24, 1990. (c) Availability \nThe Secretary of the Interior shall keep the maps referred to in subsections (a) on file and available for inspection in accordance with the provisions of section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).", "id": "H07A6CD5378FE414AB6B200E5D300BA25", "header": "Replacement of Coastal Barrier Resources System map relating to Grayton Beach Unit FL-95P in Walton County, Florida" } ]

[ { "text": "1. Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress \n(a) In general \nThe annual poverty estimate and the National Assessment of Educational Progress shall be treated as if they were principal economic indicators and subject to the provisions of the Statistical Policy Directive on Compilation, Release, and Evaluation of Principal Federal Economic Indicators of the Office of Management and Budget (50 Fed. Reg. 38932; September 25, 1985). (b) Definitions \nIn this section: (1) The term annual poverty estimate means the Annual Demographic Supplement to the March Current Population Survey, or any successor document that is the basis for the official national estimate of the levels of poverty, of the Bureau of the Census. (2) The term National Assessment of Educational Progress means the National Assessment of Educational Progress established pursuant to section 303 of the National Assessment of Educational Progress Authorization Act (title II of the Act of November 5, 2002; Public Law 107–279 ).", "id": "H56FFF2A9A8564493BFBF7C244D396466", "header": "Requirements applicable to public release of annual poverty estimate and National Assessment of Educational Progress" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H3A7173F5268E498292C19B15FCC04FAA", "header": "Short title" }, { "text": "2. Reporting of sanctions \nSection 422 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11132 ) is amended— (1) in the section heading by striking Boards of medical examiners and inserting State licensing boards ; (2) in paragraphs (1) and (2) of subsection (a)— (A) by striking physician’s each place it appears and inserting physician’s or other health care practitioner’s ; and (B) by striking physician each place it appears and inserting physician or other health care practitioner ; and (3) in subsections (a) and (b), by striking Board of Medical Examiners each place it appears and inserting State licensing board.", "id": "H3B8FF012BA9745EEA9C8857EA6D35CC3", "header": "Reporting of sanctions" }, { "text": "3. Reporting of certain professional review actions \nSection 423 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11133 ) is amended— (1) by striking Board of Medical Examiners each place it appears and inserting State licensing board ; (2) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Mandatory reporting on other licensed health care practitioners \nA health care entity shall report to the appropriate State licensing boards and to the agency designated under section 424(b), the information described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practitioner were a physician. ; (B) by redesignating paragraph (3)(C) as paragraph (3)(D); and (C) by striking paragraph (3)(B) and inserting the following: (B) a description of any adverse action, including dismissal and review action, taken by a hospital or other health care entity against a health care practitioner who is employed by, has privileges at, is under contract with, or otherwise works at the health care entity for conduct that may be construed to violate any Federal or State law, including laws governing licensed health care professional practice standards, (C) information on a health care practitioner who voluntarily resigns during, or as a result of, a pending dismissal or review action, and ; (3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (4) by inserting after subsection (a), the following: (b) Standard for reporting of adverse actions \nAdverse actions reported under subsection (a)(2) shall be made in accordance with the rights and procedures afforded to physicians under section 412. ; (5) in subsection (c) (as so redesignated), in the subsection heading, by striking Board of Medical Examiners and inserting State licensing board ; (6) in subsection (d)(1) (as so redesignated), by striking subsection (a)(1) and inserting paragraphs (1) and (2) of subsection (a) and subsection (b) ; (7) in subsection (d)(2) (as so redesignated), in the paragraph heading, by striking Board of Medical Examiners and inserting State licensing board ; (8) in subsection (e) (as so redesignated), in the subsection heading, by striking Board of Medical Examiners and inserting State licensing board ; and (9) by adding at the end the following: (f) Civil penalties \n(1) In general \nThe Secretary shall provide for the imposition of no more than $50,000 per violation for health care entities that fail to comply with this section. (2) Repeated violations \nThe Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for health care entities that establish patterns of repeated violations of this section..", "id": "HD6E37AD0EC48491EB4DD467835135EEE", "header": "Reporting of certain professional review actions" }, { "text": "4. Civil penalties \nSection 425 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11135 ) is amended— (1) in paragraphs (1) and (2) of subsection (a), and subsections (b) and (c), by striking hospital each place it appears and inserting health care entity or agency employing a physician or other licensed health care practitioner ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each hospital and inserting each health care entity and agency employing a physician or other licensed health care practitioner ; and (ii) by inserting and from the appropriate State licensing board, after (or the agency designated under section 424(b)), ; (B) in paragraph (1), by inserting or employment after clinical privileges ; and (C) in paragraph (2), by inserting or employed after clinical privileges ; (3) in subsection (c), by striking hospital’s and inserting the health care entity’s or agency’s and (4) by adding at the end the following: (d) Civil penalties \n(1) In general \nThe Secretary shall provide for the imposition of no more than $50,000 per violation for a health care entity or agency employing a physician or other licensed health care practitioner that fails to comply with this section. (2) Repeated violations \nThe Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for a health care entity or agency employing a physician or other licensed health care practitioner that establishes patterns of repeated violations of this section..", "id": "H76C9B565AA2A459092F0028EE4D3BF76", "header": "Civil penalties" }, { "text": "5. Professional review \nSection 411 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11111 ) is amended by adding at the end the following: (d) Civil liability immunity for health care entities \n(1) In general \nA health care entity that discloses information about a former or current employee pursuant to section 423 is immune from civil liability for such disclosure and its consequences unless it is demonstrated that the employer— (A) knowingly disclosed false information; or (B) violated any right of the former or current employee that is protected under Federal or State laws. (2) Application \nThis subsection applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with section 423. (e) Protection of health care practitioners \nA health care entity shall not penalize, discriminate, or retaliate in any manner with respect to employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against an employee who, in good faith, reports conduct that may be construed to violate a Federal or State law, including laws governing licensed health care professional practice standards, to a State authority, licensing authority, peer review organization, or employer..", "id": "HC085BA350F704D4C94B146D21B62157D", "header": "Professional review" }, { "text": "6. Health care entity; skilled nursing facility \nSection 431 of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11151 ) is amended— (1) in paragraph (4)(i), by inserting or skilled nursing facility after hospital ; (2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (3) by inserting after paragraph (12) the following: (13) The term skilled nursing facility means an entity described in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i-3(a) )..", "id": "HC815A5CE1A8F4648939B062372FA943", "header": "Health care entity; skilled nursing facility" }, { "text": "7. Sanctions Against and background checks of health care practitioners and providers \nSection 1921 of the Social Security Act ( 42 U.S.C. 1396r–2 ) is amended— (1) in the section heading, by inserting and Criminal Background Checks of after Against ; and (2) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Information concerning criminal background of licensed health care practitioners \nThe State shall have in effect a system of reporting criminal background information on licensed health care practitioners to the agency designated under section 424(b) of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11134(b) )..", "id": "HBAA44D009CE149BFBCF6F529A590A1F7", "header": "Sanctions Against and background checks of health care practitioners and providers" }, { "text": "8. Date of implementation \nThe Secretary of Health and Human Services shall, through the promulgation of appropriate regulations, implement the provisions of this Act within 1 year after the date of enactment of this Act.", "id": "H927FFA6B687C46A1BC772EAB39B829CE", "header": "Date of implementation" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HDBBBA9D895C043488DD2DEE1F38900AD", "header": "Short title" }, { "text": "2. Investigations by institutions of higher education of violent felonies \nSection 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: (g) Investigation of serious violent felonies \n(1) Plans for investigation of serious violent felonies \nEach institution of higher education shall, within one year after the date of enactment of the , adopt and implement a plan providing for the investigation of any serious violent felony occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports. (2) Definitions \nAs used in this subsection: (A) Local law enforcement agencies \nThe term local law enforcement agencies means any agency or agencies employing peace officers or police officers for the enforcement of the laws of a State, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this subsection. (B) Missing student \nThe term missing student means any student of an institution subject to the provisions of this subsection who resides in a facility owned or operated by such institution and who is reported to such institution as missing from his or her residence. (C) Serious violent felony \nThe term serious violent felony means a serious violent felony as such term is defined by section 3559(c) of title 18, United States Code..", "id": "H72B37445F07146D6009C2FC0CA006160", "header": "Investigations by institutions of higher education of violent felonies" } ]

[ { "text": "1. Increase in amount of basic educational assistance \n(a) In general \nSection 16131(b) of title 10, United States Code, is amended to read as follows: (b) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following monthly rates: (1) For such a program of education pursued on a full-time basis, at the monthly rate equal to the applicable percentage (as defined in paragraph (3)) of the rate that applies for the month under section 3015(a)(1) of title 38. (2)(A) Subject to subparagraph (B), for such a program of education pursued on a less than a full-time basis, at an appropriately reduced rate, as determined under regulations which the Secretaries concerned shall prescribe. (B) No payment may be made to a person for less than half-time pursuit of such a program of education if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. (3) In this subsection, the term applicable percentage means, with respect to months occurring during— (A) fiscal year 2005, 33 percent; (B) fiscal year 2006, 37 percent; (C) fiscal year 2007, 41 percent; (D) fiscal year 2008, 45 percent; and (E) fiscal year 2009, and each subsequent fiscal year, 50 percent.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2004, and shall apply with respect to educational assistance allowances under section 16131(b) of such title paid for months after September 2004.", "id": "H8587A42B5AAB40C7AF8C15D05F8905A9", "header": "Increase in amount of basic educational assistance" }, { "text": "2. Expansion of eligibility requirements for members of the Selected Reserve having served on active duty for a period of 24 non-consecutive months under chapter 30 of title 38, United States Code \n(a) Credit for 24 months of active duty service over a period of 5 years \nSub section 3012(a) of title 38, United States Code, is amended in paragraphs (1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking two years of continuous active duty each place it appears and inserting a cumulative period of 24 months during any 5-year period. (b) Conforming Amendment \nSubsection (b) of section 3012 of such title is amended in paragraph (1) by striking during such two years and inserting at any time during such 5-year period. (c) Effective date \nThe amendments made by this section shall apply on or after October 1, 2005.", "id": "H0B7FBF28436747FF94D6E4D78C50261E", "header": "Expansion of eligibility requirements for members of the Selected Reserve having served on active duty for a period of 24 non-consecutive months under chapter 30 of title 38, United States Code" } ]

[ { "text": "1. Disposition of unused health benefits in cafeteria plans and flexible spending arrangements \n(a) In general \nSection 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Contributions of certain unused health benefits \n(1) In general \nFor purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be— (A) carried forward to the succeeding plan year of such health flexible spending arrangement, (B) to the extent permitted by sections 223, contributed on behalf of the employee to a health savings account (as defined in section 223(d)), maintained for the benefit of such employee, or (C) contributed to a qualified retirement plan (as defined in section 4974(c)), or an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A). (2) Special rules for treatment of contributions to health and retirement plans \nFor purposes of this title, contributions under subparagraph (B) or (C) of paragraph (1)— (A) shall be treated as a contribution made by the employee (and includible in the gross income of such employee) in the case of a contribution to a health savings account, (B) shall be treated as elective deferrals (as defined in section 402(g)(3)) in the case of contributions to a qualified cash or deferred arrangement (as defined in section 401(k)) or to an annuity contract described in section 403(b), (C) shall be treated as employer contributions to which the employee has a nonforfeitable right in the case of a plan (other than a plan described in subparagraph (A)) which is described in section 401(a) which includes a trust exempt from tax under section 501(a), (D) shall be treated as deferred compensation in the case of contributions to an eligible deferred compensation plan (as defined in section 457(b)), and (E) shall be treated in the manner designated for purposes of section 408 or 408A in the case of contributions to an individual retirement plan. (3) Health flexible spending arrangement \nFor purposes of this subsection, the term health flexible spending arrangement means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1) (without regard to subparagraphs (C) and (D) thereof). (4) Unused health benefits \nFor purposes of this subsection, with respect to an employee, the term unused health benefits means the excess of— (A) the maximum amount of reimbursement allowable to the employee during a plan year under a health flexible spending arrangement, taking into account any election by the employee, over (B) the actual amount of reimbursement during such year under such arrangement.. (b) Effective date \nThe amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003.", "id": "H99B36D30CB2241DABB7DD85C49E7202F", "header": "Disposition of unused health benefits in cafeteria plans and flexible spending arrangements" } ]

[ { "text": "1. Short Title \nThis Act may be cited as the Worker Reemployment Accounts Act of 2004.", "id": "H86923EBAAF0D48D68456C3B8737E50D8", "header": "Short Title" }, { "text": "2. Grants to Support Personal Reemployment Accounts \nSection 171 of the Workforce Investment Act of 1998 is amended by adding at the end the following: (e) Personal Reemployment Accounts \n(1) Definition \nIn this subsection, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (2) Demonstration project \nIn addition to the demonstration projects under subsection (b), the Secretary may establish and implement a national demonstration project designed to analyze and provide data on workforce training programs that accelerate the reemployment of unemployed individuals, promote the retention in employment of such individuals, and provide such individuals with enhanced flexibility, choice, and control in obtaining intensive reemployment, training, and supportive services. (3) Grants \n(A) In general \nIn carrying out the demonstration project, the Secretary shall make grants, on a competitive basis, to eligible entities to provide personal reemployment accounts to eligible individuals. In awarding grants under this subsection the Secretary shall take into consideration awarding grants to eligible entities from diverse geographic areas, including rural areas. (B) Duration \nThe Secretary shall make the grants for periods of not less than 2 years and may renew the grant for each of the succeeding 3 years. (4) Eligible entity \nIn this subsection, the term eligible entity means— (A) a State; or (B) a local board or consortium of local boards. (5) Use of Funds \n(A) In general \nAn eligible entity that receives a grant under this subsection shall use the grant funds to provide, through a local area or areas, eligible individuals with personal reemployment accounts. An eligible individual may receive only 1 personal reemployment account. (B) Geographic area and amount \n(i) In general \nThe eligible entity shall establish the amount of a personal reemployment account for each eligible individual participating, which shall be uniform throughout the area represented by the eligible entity, and shall not exceed $3,000. (ii) Option for States \nIf the eligible entity is a State, the eligible entity may choose to use the grant statewide, if practicable, or only in specified local areas within a State. (C) Eligible Individuals \n(i) In general \nEach eligible entity shall establish eligibility criteria for individuals for personal reemployment accounts in accordance with this subparagraph. (ii) Eligibility criteria requirements \n(I) In general \nSubject to subclause (II), an individual shall be eligible to receive a personal reemployment account under a grant awarded under this subsection if, beginning after the date of enactment of this subsection, the individual— (aa) is identified by the State pursuant to section 303(j)(1) of the Social Security Act ( 42 U.S.C. 503(j)(1) ) as likely to exhaust regular unemployment compensation and in need of job search assistance to make a successful transition to new employment, or the individual’s unemployment can be attributed in substantial part to unfair competition from Federal Prison Industries, Incorporated; (bb) is receiving regular unemployment compensation under any Federal or State unemployment compensation program administered by the State; and (cc) is eligible for not less than 20 weeks of regular unemployment compensation described in item (bb). (II) Additional eligibility and priority criteria \nAn eligible entity may establish criteria that are in addition to the criteria described in subclause (I) for the eligibility of individuals to receive a personal reemployment account under this subsection. An eligible entity may also establish criteria for priority in the provision of a personal reemployment account to such eligible individuals under a grant awarded under this subsection. (iii) Transition rule \n(I) Previously identified as likely to exhaust unemployment compensation \n(aa) In general \nAt the option of the eligible entity, and subject to item (bb), an individual may be eligible to receive a personal reemployment account under this subsection if the individual— (AA) during the 13-week period ending the week prior to the date of the enactment of the subsection, was identified by the State pursuant to section 303(j)(1) of the Social Security Act ( 42 U.S.C. 503(j)(1) ) as likely to exhaust regular unemployment compensation and in need of job search assistance to make a successful transition to new employment; and (BB) otherwise meets the requirements of clause (ii)(I)(bb) and (cc). (bb) Additional eligibility and priority criteria \nAn eligible entity may establish criteria that is in addition to the criteria described in item (aa) for the eligibility of individuals to receive a personal reemployment account under this subsection. An eligible entity may also establish criteria for priority in the provision of such accounts to such eligible individuals under this subsection. (II) Previously exhausted unemployment compensation \nAt the option of the eligible entity, an individual may be eligible to receive a personal reemployment account under a grant awarded under this subsection if the individual— (aa) during the 26-week period ending the week prior to the date of the enactment of this subsection, exhausted all rights to any unemployment compensation; and (bb) (AA) is enrolled in training and needs additional support to complete such training, with a priority of service to be provided to such individuals who are training for shortage occupations or high-growth industries; or (BB) is separated from employment in an industry or occupation that has experienced declining employment, or no longer provides any employment, in the local labor market during the 2-year period ending on the date of the determination of eligibility of the individual under this subparagraph. (iv) No individual entitlement \nNothing in this subsection shall be construed to entitle any individual to receive a personal reemployment account. (D) Limitations \n(i) Information and attestation \nPrior to the establishment of a personal reemployment account for an eligible individual, the eligible entity receiving a grant, through the one-stop delivery system in the participating local area or areas, shall ensure that the individual— (I) is informed of the requirements applicable to the personal reemployment account, including the allowable uses of funds from the account, the limitations on access to services described in paragraph (7)(A)(iii) and a description of such services, and the conditions for receiving a reemployment bonus; (II) has the option to develop a personal reemployment plan which will identify the employment goals and appropriate combination of services selected by the individual to achieve the employment goals; and (III) signs an attestation that the individual has been given the option to develop a personal reemployment plan in accordance with subclause (II), will comply with the requirements under this subsection relating to the personal reemployment accounts, and will reimburse the account or, if the account has been terminated, the grant awarded under this subsection, for any amounts expended from the account that are not allowable. (ii) Periodic interviews \nIf a recipient exhausts his or her rights to any unemployment compensation, and the recipient has a remaining balance in his or her personal reemployment account, the one-stop delivery system shall conduct periodic interviews with the recipient to assist the recipient in meeting his or her individual employment goals. (iii) Use of personal reemployment accounts \nThe eligible entity receiving a grant shall ensure that eligible individuals receiving a personal reemployment account use the account in accordance with paragraph (7). (6) Application for grants \nTo be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (A) if the eligible entity is a State— (i) assurance that the application was developed in conjunction with the local board or boards and chief elected officials where the personal reemployment accounts shall be made available; and (ii) a description of the methods and procedures for providing funds to local areas where the personal reemployment accounts shall be made available; and (B) a description of the criteria and methods to be used for determining eligibility for the personal reemployment account, including whether the eligible entity intends to include the optional categories described in paragraph (5)(C)(iii), and the additional criteria and priority for service that the eligible entity intends to apply, if any, pursuant to paragraph (5)(C)(ii)(II); (C) a description of the methods or procedures to be used to provide eligible individuals information relating to services and providers; (D) a description of safeguards to ensure that funds from the personal reemployment accounts are used for purposes authorized under this subsection and to ensure the quality and integrity of services and providers, consistent with the purpose of providing eligible individuals with enhanced flexibility, choice, and control in obtaining intensive reemployment, training, and supportive services; (E) a description of how the eligible entity will coordinate the activities carried out under this subsection with the employment and training activities carried out under section 134 and other activities carried out by local boards through the one-stop delivery system in the State or local area; and (F) an assurance that the eligible entity will comply with any evaluation and reporting requirements the Secretary may require. (7) Use of Personal Reemployment Accounts \n(A) Allowable activities \n(i) In general \nSubject to the requirements contained in clauses (ii) and (iii), a recipient of a personal reemployment account may use amounts in a personal reemployment account to purchase 1 or more of the following: (I) Intensive services, including those type of services specified in section 134(d)(3)(C). (II) Training services, including those types of services specified in section 134(d)(4)(D). (III) Supportive services, except for needs related payments. (ii) Delivery of services \nThe following requirements relating to delivery of services shall apply to the grants under this subsection: (I) Recipients may use funds from the personal reemployment account to purchase the services described in clause (i) through the one-stop delivery system on a fee-for-service basis, or through other providers, consistent with the safeguards described in paragraph (6)(D). (II) The eligible entity, through the one-stop delivery system in the participating local area, may pay costs for such services directly on behalf of the recipient, through a voucher system, or by reimbursement to the recipient upon receipt of appropriate cost documentation. (III) Each eligible entity, through the one-stop delivery system in the participating local area, shall make available to recipients information on training providers specified in section 134(d)(4)(F)(ii), information available to the one-stop delivery system on providers of the intensive and supportive services described in clause (i), and information relating to occupations in demand in the local area. (iii) Limitations \nThe following limitations shall apply with respect to personal reemployment accounts under this subsection: (I) Amounts in a personal reemployment account may be used for up to 1 year from the date of the establishment of the account. (II) Each recipient shall submit cost documentation as required by the one-stop delivery system. (III) For the 1-year period following the establishment of the account, recipients may not receive intensive, supportive, or training services funded under this title except on a fee-for-services basis as specified in clause (ii)(I). (IV) Amounts in a personal reemployment account shall be nontransferable. (B) Reemployment bonus \n(i) In general \nSubject to clause (ii)— (I) if a recipient determined eligible under paragraph (5)(C)(ii) obtains full-time employment before the 13th week of unemployment for which unemployment compensation is paid, the balance of his or her personal reemployment account shall be provided directly to the recipient in cash; and (II) if a recipient determined eligible under paragraph (5)(C)(iii) obtains full-time employment before the end of the 13th week after the date on which the account is established, the balance of his or her personal reemployment account shall be provided directly to the recipient in cash. (ii) Limitations \nThe following limitations shall apply with respect to a recipient described in clause (i): (I) 60 percent of the remaining personal reemployment account balance shall be paid to the recipient at the time of employment. (II) 40 percent of the remaining personal reemployment account shall be paid to the recipient after 26 weeks of employment retention. (iii) Exception regarding subsequent employment \nIf a recipient described in clause (i) subsequently becomes unemployed due to a lack of work after receiving the portion of the reemployment bonus specified under clause (ii)(I), the individual may use the amount remaining in the personal reemployment account for the purposes described in subparagraph (A) but may not be eligible for additional cash payments under this subparagraph. (8) Program Information and Evaluation \n(A) Information \nThe Secretary may require from eligible entities the collection and reporting on such financial, performance, and other program-related information as the Secretary determines is appropriate to carry out this subsection, including the evaluation described in subparagraph (B). (B) Evaluation \n(i) In general \nThe Secretary, pursuant to the authority provided under section 172, shall, directly or through grants, contracts, or cooperative agreement with appropriate entities, conduct an evaluation of the activities carried out under any grants awarded under this subsection. (ii) Report \nThe report to Congress under section 172(e) relating to the results of the evaluations required under section 172 shall include the recommendation of the Secretary with respect to the use of personal reemployment account as a mechanism to assist individuals in obtaining and retaining employment..", "id": "HC9A9934165EC4A56B7C3768DB6662B29", "header": "Grants to Support Personal Reemployment Accounts" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rural Bridge Safety and Repair Demonstration Act of 2004.", "id": "HB5EDBF5172554A1CAEFDCA65F709A5AA", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) The 589,111 bridges in the United States are a vital link in a seamless and efficient transportation system, connecting communities, States, and regions. (2) Fourteen percent of all bridges that are 20 feet or longer are structurally deficient. (3) The cost of correcting all bridge deficiencies in the United States is $136,000,000,000. Faced with budget cutbacks, many States are struggling to maintain an acceptable schedule of maintenance, repair, and replacement of their roads and bridges. (4) To begin correcting structural bridge deficiencies, a demonstration program is necessary, beginning with a State that has a significant number of structurally deficient bridges. (5) More than 33 percent of the 13,339 bridges in the State of Louisiana are structurally deficient or functionally obsolete; a State with a high percentage of structurally deficient bridges.", "id": "H24DFBA09BCFA4084BB8BE200BCC79DA4", "header": "Findings" }, { "text": "3. Louisiana rural development parish bridge repair program \n(a) Authorization of appropriations \nSection 144 of title 23, United States Code, is amended— (1) by redesignating subsection (q) as subsection (r); and (2) by adding after subsection (p) the following: (q) Demonstration project \n(1) In general \nThe Secretary shall make grants to the Executive Director of the Louisiana Governor’s Office of Rural Development Parish Bridge Repair Program to provide for the rehabilitation of the State’s most structurally deficient off-system bridges. (2) Report \nThe Executive Director of the Governor’s Office of Rural Development Parish Bridge Repair Program shall transmit a report to Congress at the end of each fiscal year describing the number of bridges and extent of corrected deficiencies made during such year..", "id": "H089E4016750948038139A64073719174", "header": "Louisiana rural development parish bridge repair program" }, { "text": "4. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this Act— (1) $5,000,000 for fiscal year 2005; (2) $15,000,000 for fiscal year 2006; and (3) $30,000,000 for fiscal year 2007.", "id": "H92A2D56AB16F4B5FB658C800D16BA719", "header": "Authorization of Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Prescott Marine Mammal Stranding Program Amendments of 2004.", "id": "H0A3EA74665014D46857958313F03066E", "header": "Short title" }, { "text": "2. Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program \n(a) Grant program \nSection 408(h) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421f–1(h) ) is amended by striking fiscal years 2001 through 2003 and inserting fiscal years 2005 through 2010. (b) Marine Mammal Unusual Mortality Event Fund \nSection 409(3) of such Act ( 16 U.S.C. 1421g(3) ) is amended by striking $500,000 for fiscal year 1993 and inserting $125,000 for each of fiscal years 2005 through 2010. (c) Administrative costs and expenses \nSection 408 of such Act ( 16 U.S.C. 1421f–1 ) is amended— (1) by adding at the end of subsection (a)(1) the following: All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph, except as provided in subsection (f). ; and (2) by amending subsection (f) to read as follows: (f) Administrative costs and expenses \nOf the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the grant program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).. (d) Contributions \nSection 408 of such Act ( 16 U.S.C. 1421f–1 ) is further amended by adding at the end the following: (i) Contributions \nFor purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests..", "id": "HBDCE6BD7D4274401B24000FE54C3E9D0", "header": "Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program" } ]

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

[ { "text": "1. Designation of Dr. Miguel A. Nevárez Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 410 South Jackson Road in Edinburg, Texas, shall be known and designated as the Dr. Miguel A. Nevárez Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dr. Miguel A Nevárez Post Office Building.", "id": "H35F11EDAEDEC493FACE7411B97D94D6E", "header": "Designation of Dr. Miguel A. Nevárez Post Office Building" } ]

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the Common Sense Spending Act of 2004.", "id": "H7447F0C828824974AC05B5B757FD1FBD", "header": "Short title" }, { "text": "2. Extension of discretionary spending limits \n(a) Adjustments to discretionary spending limits \nIn the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike through 2002. (b) Discretionary spending limit \nSection 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (16) and insert the following new paragraphs: (1) with respect to fiscal year 2005, for the discretionary category: $816,404,000,000 in total new budget authority of which not less than $420,676,000,000 shall be for the defense category and of which not less than $28,144,000,000 shall be for homeland security activities outside of the defense category and $912,992,000,000 in total outlays of which not less than $448,197,000,000 shall be for the defense category and of which not less than $28,738,000,000 in total outlays shall be for the homeland security category outside of the defense category; (2) with respect to fiscal year 2006, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2004; (3) with respect to fiscal year 2007, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2005; (4) with respect to fiscal year 2008, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2006; and (5) with respect to fiscal year 2009, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2007;. (c) Adjustments to discretionary spending limits \n(1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: (C) Accrual accounting \nIf a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. (d) Definition of consumer price index \nSection 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: (11) The term Consumer Price Index refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics..", "id": "H57D9671B8D0745BBAB4E61DF1E6198BB", "header": "Extension of discretionary spending limits" }, { "text": "3. Extension of pay-as-you-go \nSection 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: 252. Enforcing pay-as-you-go \n(a) Purpose \nThe purpose of this section is to assure that any legislation enacted before October 1, 2009, affecting direct spending that increases the deficit will trigger an offsetting sequestration. (b) Sequestration \n(1) Timing \nNot later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2009, as calculated under paragraph (2). (2) Calculation of deficit increase \nOMB shall calculate the amount of deficit increase or decrease by adding— (A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); (B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year’s sequestration under this section or, if any, as published in OMB’s final sequestration report for that prior year; and (C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year; and (D) for fiscal year 2005, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $7,400,000,000. (c) Eliminating a deficit increase \n(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: (A) First \nAll reductions in automatic spending increases specified in section 256(a) shall be made. (B) Second \nIf additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. (C) Third \n(i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 256(d) shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. (ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2005 and for fiscal years 2006 through 2009 at the baseline after adjusting for any sequester in fiscal year 2005. (d) Estimates \n(1) CBO estimates \nAs soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. (2) OMB estimates \nNot later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing— (A) the CBO estimate of that legislation; (B) an OMB estimate of that legislation using current economic and technical assumptions; and (C) an explanation of any difference between the 2 estimates. (3) Significant differences \nIf during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. (4) Scope of estimates \nThe estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from— (A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and (B) emergency provisions as designated under subsection (e). (5) Scorekeeping guidelines \nOMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall— (A) determine common scorekeeping guidelines; and (B) in conformance with such guidelines, prepare estimates under this section. (e) Emergency legislation \nIf a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section..", "id": "H5D829DC2D82643C7948251E957A8C638", "header": "Extension of pay-as-you-go" }, { "text": "252. Enforcing pay-as-you-go \n(a) Purpose \nThe purpose of this section is to assure that any legislation enacted before October 1, 2009, affecting direct spending that increases the deficit will trigger an offsetting sequestration. (b) Sequestration \n(1) Timing \nNot later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2009, as calculated under paragraph (2). (2) Calculation of deficit increase \nOMB shall calculate the amount of deficit increase or decrease by adding— (A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); (B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year’s sequestration under this section or, if any, as published in OMB’s final sequestration report for that prior year; and (C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year; and (D) for fiscal year 2005, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $7,400,000,000. (c) Eliminating a deficit increase \n(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: (A) First \nAll reductions in automatic spending increases specified in section 256(a) shall be made. (B) Second \nIf additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. (C) Third \n(i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 256(d) shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. (ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2005 and for fiscal years 2006 through 2009 at the baseline after adjusting for any sequester in fiscal year 2005. (d) Estimates \n(1) CBO estimates \nAs soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. (2) OMB estimates \nNot later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing— (A) the CBO estimate of that legislation; (B) an OMB estimate of that legislation using current economic and technical assumptions; and (C) an explanation of any difference between the 2 estimates. (3) Significant differences \nIf during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. (4) Scope of estimates \nThe estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from— (A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and (B) emergency provisions as designated under subsection (e). (5) Scorekeeping guidelines \nOMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall— (A) determine common scorekeeping guidelines; and (B) in conformance with such guidelines, prepare estimates under this section. (e) Emergency legislation \nIf a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.", "id": "H731D2A14A0104260A3F8D5EBC8DC9EE3", "header": "Enforcing pay-as-you-go" }, { "text": "4. Conforming amendments \n(a) Expiration \n(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2009. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2009. (b) Expiration \nSection 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2009.", "id": "H36B984508EEA40C193A9A237ABFD9D3D", "header": "Conforming amendments" }, { "text": "5. Emergency spending legislation and the baseline \n(a) In general \nSection 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting , except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e) before the period. (b) Direct spending and receipts \nSection 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: (E) Emergency legislation covered by section 252(e) shall not be extended in the baseline.. (c) Discretionary appropriations \nSection 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline..", "id": "H74BAED1FCC5A4500A907CF63F01B4D9C", "header": "Emergency spending legislation and the baseline" }, { "text": "6. Omb emergency criteria \n(a) Definition of emergency \nSection 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d) is further amended by adding at the end the following new paragraph: (12) (A) The term emergency means a situation that— (i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and (ii) is unanticipated. (B) As used in subparagraph (A), the term unanticipated means that the underlying situation is— (i) sudden, which means quickly coming into being or not building up over time; (ii) urgent, which means a pressing and compelling need requiring immediate action; (iii) unforeseen, which means not predicted or anticipated as an emerging need; and (iv) temporary, which means not of a permanent duration.. (b) Conforming amendment \nSection 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (20) The term emergency has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974..", "id": "HA20CD3114F574E4E8FE9F8A414393303", "header": "Omb emergency criteria" }, { "text": "7. Rule respecting designation of legislative provision as an emergency \n(a) In general \nTitle III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Rule respecting designation of legislative provision as an emergency \n(a) Guidance \nIn making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. (b) In general \nIt shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. (c) Waiver and appeal in the senate \nThis section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (d) Enforcement in the House of Representatives \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). (e) Disposition of points of order in the house \nAs disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (f) Effect on amendment in order as original text in the house \nThe disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.. (b) Conforming amendment \nThe table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec.316.Rule respecting designation of legislative provision as an emergency.", "id": "H34C21EDF18E04EE3BBD9FE8B5399FD5", "header": "Rule respecting designation of legislative provision as an emergency" }, { "text": "316. Rule respecting designation of legislative provision as an emergency \n(a) Guidance \nIn making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. (b) In general \nIt shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an emergency set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. (c) Waiver and appeal in the senate \nThis section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (d) Enforcement in the House of Representatives \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). (e) Disposition of points of order in the house \nAs disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (f) Effect on amendment in order as original text in the house \nThe disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.", "id": "H5BA130D18DD947C8AE66016ECAB927AD", "header": "Rule respecting designation of legislative provision as an emergency" } ]

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

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the Surface Transportation Extension Act of 2004.", "id": "HB80EAE5684BD41F1A81906882EF71300", "header": "Short title" }, { "text": "2. Advances \n(a) In general \nSection 2(a) of the Surface Transportation Extension Act of 2003 ( 23 U.S.C. 104 note; 117 Stat. 1110) is amended by inserting and the Surface Transportation Extension Act of 2004 after as amended by this Act. (b) Programmatic distributions \n(1) Administration of funds \nSection 2(b)(3) of such Act (117 Stat. 1110) is amended by striking the amendment made under subsection (d) and inserting section 1101(c) of the Transportation Equity Act for the 21st Century. (2) Special rules for minimum guarantee \nSection 2(b)(4) of such Act is amended by striking $1,166,666,667 and inserting $2,100,000,000. (3) Extension of off-system bridge setaside \nSection 144(g)(3) of title 23, United States Code, is amended by striking February 29 inserting June 30. (c) Authorization of contract authority \nSection 1101(c)(1) of the Transportation Equity Act for the 21st Century (117 Stat. 1111) is amended by striking $13,483,458,333 for the period of October 1, 2003, through February 29, 2004 and inserting $24,270,225,000 for the period of October 1, 2003, through June 30, 2004. (d) Limitation on obligations \nSection 2(e) of the Surface Transportation Extension Act of 2003 (117 Stat. 1111) is amended to read as follows: (e) Limitation on obligations \n(1) Distribution of obligation authority \nSubject to paragraph (2), for the period of October 1, 2003, through June 30, 2004, the Secretary shall distribute the obligation limitation made available for Federal-aid highways and highway safety construction programs under the heading (LIMITATION ON OBLIGATIONS) under the heading FEDERAL-AID HIGHWAYS in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108–199 ) in accordance with section 110 of such Act; except that the amount of obligation limitation to be distributed for such period for each program, project, and activity specified in sections 110(a)(1), 110(a)(2), 110(a)(4), 110(a)(5), and 110(g) of such Act shall equal the greater of— (A) the funding authorized for such program, project, or activity in this Act and the Surface Transportation Extension Act of 2004 (including any amendments made by this Act and such Act); or (B) 9/12 of the funding provided for or limitation set on such program, project, or activity in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004. (2) Limitation on total amount of authority distributed \nThe total amount of obligation limitation distributed under paragraph (1) for the period of October 1, 2003, through June 30, 2004, shall not exceed $25,232,250,000; except that this limitation shall not apply to $479,000,000 in obligations for minimum guarantee for such period. (3) Time period for obligations of funds \nA State shall not obligate after June 30, 2004, any funds for any Federal-aid highway program project made available by this Act and the Surface Transportation Extension Act of 2004 (including any amendments made by this Act and such Act), until the date of enactment of a law reauthorizing the Federal-aid highway program. (4) Treatment of obligations \nAny obligation of obligation authority distributed under this subsection shall be considered to be an obligation for Federal-aid highways and highway safety construction programs for fiscal year 2004 for the purposes of the matter under the heading (LIMITATION ON OBLIGATIONS) under the heading FEDERAL-AID HIGHWAYS in the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004..", "id": "H821AE90EBC674025ACDFC7B60A704A1", "header": "Advances" }, { "text": "3. Transfers of unobligated apportionments \nSection 3 of the Surface Transportation Extension Act of 2003 (117 Stat. 1112–1113) is amended by adding at the end the following: (e) Prohibition of transfers \nNotwithstanding any other provision of this section, no funds may be transferred after February 29, 2004, by a State under subsection (a)— (1) from amounts apportioned to the State for the congestion mitigation and air quality improvement program; and (2) from amounts apportioned to the State for the surface transportation program and that are subject to any of paragraphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United States Code..", "id": "HAC925B8F41284984ABEE7272D349A9CC", "header": "Transfers of unobligated apportionments" }, { "text": "4. Administrative expenses \nSection 4(a) of the Surface Transportation Extension Act of 2003 (117 Stat. 1113) is amended by striking $187,500,000 and inserting $337,500,000.", "id": "H1445091AEF9C4FFEB8A90022FE556378", "header": "Administrative expenses" }, { "text": "5. Other Federal-aid highway programs \n(a) Authorization of appropriations under title i of TEA21 \n(1) Federal lands highways \n(A) Indian reservation roads \nSection 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112; 117 Stat. 1113) is amended— (i) in the first sentence by striking $114,583,333 for the period of October 1, 2003, through February 29, 2004 and inserting $206,250,000 for the period of October 1, 2003, through June 30, 2004 ; and (ii) in the second sentence by striking $5,416,667 and inserting $9,750,000. (B) Public lands highways \nSection 1101(a)(8)(B) of such Act (112 Stat. 112; 117 Stat. 1113) is amended by striking $102,500,000 for the period of October 1, 2003, through February 29, 2004 and inserting $184,500,000 for the period of October 1, 2003, through June 30, 2004. (C) Park roads and parkways \nSection 1101(a)(8)(C) of such Act (112 Stat. 112; 117 Stat. 1113) is amended by striking $68,750,000 for the period of October 1, 2003, through February 29, 2004 and inserting $123,750,000 for the period of October 1, 2003, through June 30, 2004. (D) Refuge roads \nSection 1101(a)(8)(D) of such Act (112 Stat. 112; 117 Stat. 1113) is amended by striking $8,333,333 for the period of October 1, 2003, through February 29, 2004 and inserting $15,000,000 for the period of October 1, 2003, through June 30, 2004. (2) National corridor planning and development and coordinated border infrastructure programs \nSection 1101(a)(9) of such Act (112 Stat. 112; 117 Stat. 1114) is amended by striking $58,333,333 for the period of October 1, 2003, through February 29, 2004 and inserting $105,000,000 for the period of October 1, 2003, through June 30, 2004. (3) Construction of ferry boats and ferry terminal facilities \n(A) In general \nSection 1101(a)(10) of such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking $15,833,333 for the period of October 1, 2003, through February 29, 2004 and inserting $28,500,000 for the period of October 1, 2003, through June 30, 2004. (B) Set aside for Alaska, New Jersey, and Washington \nSection 5(a)(3)(B) of the Surface Transportation Extension Act of 2003 (117 Stat. 1114) is amended— (i) in clause (i) by striking $4,166,667 and inserting $7,500,000 ; (ii) in clause (ii) by striking $2,083,333 and inserting $3,750,000 ; and (iii) in clause (iii) by striking $2,083,333 and inserting $3,750,000. (4) National scenic byways program \nSection 1101(a)(11) of the Transportation Equity Act for the 21st Century (112 Stat. 113; 117 Stat. 1114) is amended by striking $11,458,333 for the period of October 1, 2003, through February 29, 2004 and inserting $20,625,000 for the period of October 1, 2003, through June 30, 2004. (5) Value pricing pilot program \nSection 1101(a)(12) of such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking $4,583,333 for the period of October 1, 2003, through February 29, 2004 and inserting $8,250,000 for the period of October 1, 2003, through June 30, 2004. (6) Highway use tax evasion projects \nSection 1101(a)(14) of such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking $2,083,333 for the period of October 1, 2003, through February 29, 2004 and inserting $3,750,000 for the period of October 1, 2003, through June 30, 2004. (7) Commonwealth of Puerto Rico highway program \nSection 1101(a)(15) of such Act (112 Stat. 113; 117 Stat. 1114) is amended by striking $45,833,333 for the period of October 1, 2003, through February 29, 2004 and inserting $82,500,000 for the period of October 1, 2003, through June 30, 2004. (8) Safety grants \nSection 1212(i)(1)(D) of such Act ( 23 U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114) is amended by striking $208,333 for the period of October 1, 2003, through February 29, 2004 and inserting $375,000 for the period of October 1, 2003, through June 30, 2004. (9) Transportation and community and system preservation pilot program \nSection 1221(e)(1) of such Act ( 23 U.S.C. 101 note; 112 Stat. 223; 117 Stat. 1114) is amended by striking $10,416,667 for the period of October 1, 2003, through February 29, 2004 and inserting $18,750,000 for the period of October 1, 2003, through June 30, 2004. (10) Transportation infrastructure finance and innovation \nSection 188 of title 23, United States Code, is amended— (A) by striking subsection (a)(1)(F) and inserting the following: (F) $105,000,000 for the period of October 1, 2003, through June 30, 2004. ; (B) in subsection (a)(2) by striking $833,333 for the period of October 1, 2003, through February 29, 2004 and inserting $1,500,000 for the period of October 1, 2003, through June 30, 2004 ; and (C) in the item relating to fiscal year 2004 in table contained in subsection (c) by striking $1,083,333,333 and inserting $1,950,000,000. (b) Authorization of appropriations under title v of TEA21 \n(1) Surface transportation research \nSection 5001(a)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 419; 117 Stat. 1115) is amended by striking $43,750,000 for the period of October 1, 2003, through February 29, 2004 and inserting $78,750,000 for the period of October 1, 2003, through June 30, 2004. (2) Technology deployment program \nSection 5001(a)(2) of such Act (112 Stat. 419; 117 Stat. 1115) is amended by striking $22,916,667 for the period of October 1, 2003, through February 29, 2004 and inserting $41,250,000 for the period of October 1, 2003, through June 30, 2004. (3) Training and education \nSection 5001(a)(3) of such Act (112 Stat. 420; 117 Stat. 1115) is amended by striking $8,750,000 for the period of October 1, 2003, through February 29, 2004 and inserting $15,750,000 for the period of October 1, 2003, through June 30, 2004. (4) Bureau of transportation statistics \nSection 5001(a)(4) of such Act (112 Stat. 420; 117 Stat. 1115) is amended by striking $12,916,667 for the period of October 1, 2003, through February 29, 2004 and inserting $23,250,000 for the period of October 1, 2003, through June 30, 2004. (5) ITS standards, research, operational tests, and development \nSection 5001(a)(5) of such Act (112 Stat. 420; 117 Stat. 1115) is amended by striking $47,916,667 for the period of October 1, 2003, through February 29, 2004 and inserting $86,250,000 for the period of October 1, 2003, through June 30, 2004. (6) ITS deployment \nSection 5001(a)(6) of such Act (112 Stat. 420; 117 Stat. 1116) is amended by striking $51,666,667 for the period of October 1, 2003, through February 29, 2004 and inserting $93,000,000 for the period of October 1, 2003, through June 30, 2004. (7) University transportation research \nSection 5001(a)(7) of such Act (112 Stat. 420; 117 Stat. 1116) is amended by striking $11,250,000 for the period of October 1, 2003, through February 29, 2004 and inserting $20,250,000 for the period of October 1, 2003, through June 30, 2004. (c) Metropolitan planning \nSection 5(c)(1) of the Surface Transportation Extension Act of 2003 (117 Stat. 1116) is amended by striking $100,000,000 for the period of October 1, 2003, through February 29, 2004 and inserting $180,000,000 for the period of October 1, 2003, through June 30, 2004. (d) Territories \nSection 1101(d)(1) of the Transportation Equity Act for the 21st Century (117 Stat. 1116) is amended by striking $15,166,667 for the period of October 1, 2003, through February 29, 2004 and inserting $27,300,000 for the period of October 1, 2003, through June 30, 2004. (e) Alaska Highway \nSection 1101(e)(1) of such Act (117 Stat. 1116) is amended by striking $7,833,333 for the period of October 1, 2003, through February 29, 2004 and inserting $14,100,000 for the period of October 1, 2003, through June 30, 2004. (f) Operation lifesaver \nSection 1101(f)(1) of such Act (117 Stat. 1117) is amended by striking $208,333 for the period of October 1, 2003, through February 29, 2004 and inserting $375,000 for the period of October 1, 2003, through June 30, 2004. (g) Bridge discretionary \nSection 1101(g)(1) of such Act (117 Stat. 1117) is amended— (1) by striking $41,666,667 and inserting $75,000,000 ; and (2) by striking February 29 and inserting June 30. (h) Interstate maintenance \nSection 1101(h)(1) of such Act (117 Stat. 1117) is amended— (1) by striking $41,666,667 and inserting $75,000,000 ; and (2) by striking February 29 and inserting June 30. (i) Recreational trails administrative costs \nSection 1101(i)(1) of such Act (117 Stat. 1117) is amended by striking $312,500 for the period of October 1, 2003, through February 29, 2004 and inserting $562,500 for the period of October 1, 2003, through June 30, 2004. (j) Railway-highway crossing hazard elimination in high speed rail corridors \nSection 1101(j)(1) of such Act (117 Stat. 1118) is amended— (1) by striking $2,187,500 and inserting $3,937,500 ; (2) by striking $104,167 and inserting $187,500 ; and (3) by striking February 29 each place it appears and inserting June 30. (k) Nondiscrimination \nSection 1101(k) of such Act (117 Stat. 1118) is amended— (1) in paragraph (1) by striking $4,166,667 for the period of October 1, 2003, through February 29, 2004 and inserting $7,500,000 for the period of October 1, 2003, through June 30, 2004 ; and (2) in paragraph (2) by striking $4,166,667 for the period of October 1, 2003, through February 29, 2004 and inserting $7,500,000 for the period of October 1, 2003, through June 30, 2004. (l) Administration of funds \nSection 5(l) of the Surface Transportation Extension Act of 2003 (117 Stat. 1118) is amended— (1) by inserting and section 5 of the Surface Transportation Extension Act of 2004 after this section the first place it appears; and (2) by inserting or the amendment made by section 5(a)(1) of such Act before the period at the end. (m) Reduction of allocated programs \nSection 5(m) of such Act (117 Stat. 1119) is amended— (1) by inserting and section 5 of the Surface Transportation Extension Act of 2004 after but for this section ; (2) by striking both ; (3) by striking and by this section and inserting , by this section, and by section 5 of such Act ; and (4) by inserting and by section 5 of such Act before the period at the end. (n) Program category reconciliation \nSection 5(n) of such Act (117 Stat. 1119) is amended by inserting and section 5 of the Surface Transportation Extension Act of 2004 after this section.", "id": "HAE5170B3AFFE452F9885EDA6DD8F7D32", "header": "Other Federal-aid highway programs" }, { "text": "6. Extension of highway safety programs \n(a) Chapter 1 highway safety programs \n(1) Seat belt safety incentive grants \nSection 157(g)(1) of title 23, United States Code, is amended by striking $46,666,667 for the period of October 1, 2003, through February 29, 2004 and inserting $84,000,000 for the period of October 1, 2003, through June 30, 2004. (2) Prevention of intoxicated driver incentive grants \nSection 163(e)(1) of such title is amended by striking $50,000,000 for the period of October 1, 2003, through February 29, 2004 and inserting $90,000,000 for the period of October 1, 2003, through June 30, 2004. (b) Chapter 4 highway safety programs \nSection 2009(a)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 337; 117 Stat. 1119) is amended by striking , and $68,750,000 for the period of October 1, 2003, through February 29, 2004 and inserting , and $123,019,875 for the period of October 1, 2003, through June 30, 2004. (c) Highway safety research and development \nSection 2009(a)(2) of such Act (112 Stat. 337; 117 Stat. 1119) is amended by striking $30,000,000 for the period of October 1, 2003, through February 29, 2004 and inserting $53,681,400 for the period of October 1, 2003, through June 30, 2004. (d) Occupant protection incentive grants- \nSection 2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 1120) is amended by striking $8,333,333 for the period of October 1, 2003, through February 29, 2004 and inserting $14,911,500 for the period of October 1, 2003, through June 30, 2004. (e) Alcohol-impaired driving countermeasures incentive grants \nSection 2009(a)(4) of such Act (112 Stat. 337; 117 Stat. 1120) is amended by striking $16,666,667 for the period of October 1, 2003, through February 29, 2004 and inserting $29,823,000 for the period of October 1, 2003, through June 30, 2004. (f) National driver register \nSection 2009(a)(6) of such Act (112 Stat. 338; 117 Stat. 1120) is amended by striking $833,333 for the period of October 1, 2003, through February 29, 2004 and inserting $2,684,070 for the period of October 1, 2003, through June 30, 2004.", "id": "H09B57394B14040C8AD2CB50000484250", "header": "Extension of highway safety programs" }, { "text": "7. Extension of motor carrier safety program \n(a) Administrative expenses \nSection 7(a)(1) of the Surface Transportation Extension Act of 2003 (117 Stat. 1120) is amended by striking $71,487,500 for the period of October 1, 2003, through February 29, 2004 and inserting $131,811,967 for the period October 1, 2003 through June 30, 2004. (b) Motor carrier safety assistance program \nSection 31104(a)(7) of title 49, United States Code, is amended to read as follows: (7) Not more than $126,519,126 for the period of October 1, 2003, through June 30, 2004.. (c) Information systems and commercial driver’s license grants \n(1) Authorization of appropriation \nSection 31107(a)(5) of such title is amended to read as follows: (5) $14,972,678 for the period of October 1, 2003 through June 30, 2004.. (2) Emergency cdl grants \nSection 7(c) of the Surface Transportation Extension Act of 2003 (117 Stat. 1121) is amended— (A) by striking February 29, and inserting June 30, ; and (B) by striking $416,667 and inserting $748,634. (d) Crash causation study \nSection 7(d) of such Act is amended— (1) by striking $416,667 and inserting $748,634 ; and (2) by striking February 29 and inserting June 30.", "id": "HCAB95AFE7C04427FBC6E1294243B9380", "header": "Extension of motor carrier safety program" }, { "text": "8. Extension of Federal transit programs \n(a) Allocating amounts \nSection 5309(m) of title 49, United States Code, is amended— (1) in paragraph (1) by striking February 29 and inserting June 30 ; (2) in paragraph (2)(B)(iii)— (A) by striking february 29 in the clause heading and inserting june 30 ; (B) by striking $4,333,333 and inserting $7,753,980 ; and (C) by striking February 29 and inserting June 30 ; (3) in paragraph (3)(B) by striking (and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004) and inserting (and $2,236,725 shall be available for the period October 1, 2003, through June 30, 2004) ; and (4) in paragraph (3)(C) by striking (and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004) and inserting (and $37,278,750 shall be available for the period October 1, 2003, through June 30, 2004). (b) Apportionment of appropriations for fixed guideway modernization \nThe heading for paragraph (1) of section 8(b) of the Surface Transportation Extension of 2003 (117 Stat. 1121) is amended by striking february 29 and inserting june 30. (c) Formula grants authorizations \nSection 5338(a) of title 49, United States Code, is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; and (2) in paragraph (2)(A) by striking clause (vi) and inserting the following: (vi) $2,289,809,940 for the period of October 1, 2003, through June 30, 2004. ; (3) in paragraph (2)(B) by striking clause (vi) and inserting the following: (vi) $572,452,485 for the period of October 1, 2003, through June 30, 2004. ; and (4) in paragraph (2)(C) by striking February 29 and inserting June 30. (d) Allocation of formula grant funds for October 1, 2003, through June 30, 2004 \nSection 8(d) of the Surface Transportation Extension of 2003 (117 Stat. 1122) is amended— (1) in the subsection heading by striking february 29 and inserting june 30 ; (2) in the matter preceding paragraph (1) by striking February 29 and inserting June 30 ; (3) in paragraph (1) by striking $2,020,813 and inserting $3,616,001 ; and (4) in paragraph (1) by striking $20,833,334 and inserting $37,278,750. (e) Capital program authorizations \nSection 5338(b) of title 49, United States Code, is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; (2) in paragraph (2)(A) by striking clause (vi) and inserting the following: (vi) $1,871,393,250 for the period of October 1, 2003, through June 30, 2004. ; and (3) in paragraph (2)(B) by striking clause (vi) and inserting the following: (vi) $467,848,313 for the period of October 1, 2003, through June 30, 2004.. (f) Planning authorizations and allocations \nSection 5338(c) of such title is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; (2) in paragraph (2)(A) by striking clause (vi) and inserting the following: (vi) $43,690,695 for the period of October 1, 2003, through June 30, 2004. ; and (3) in paragraph (2)(B) by striking clause (vi) and inserting the following: (vi) $10,736,280 for the period of October 1, 2003, through June 30, 2004.. (g) Research authorizations \nSection 5338(d) of such title is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; (2) in paragraph (2)(A) by striking clause (vi) and inserting the following: (vi) $31,463,265 for the period of October 1, 2003, through June 30, 2004. ; (3) in paragraph (2)(B) by striking clause (vi) and inserting the following: (vi) $8,052,210 for the period of October 1, 2003, through June 30, 2004. ; and (4) in paragraph (2)(C) by striking February 29 and inserting June 30. (h) Allocation of research funds for October 1, 2003, through February 29, 2004 \nSection 8(h) of the Surface Transportation Extension Act of 2003 (117 Stat. 1123)— (1) in the matter preceding paragraph (1) by striking February 29 and inserting June 30 ; (2) in paragraph (1) by striking $2,187,500 and inserting $3,914,269 ; (3) in paragraph (2) by striking $3,437,500 and inserting $6,150,994 ; and (4) in paragraph (3)— (A) by striking $1,666,667 and inserting $2,982,300 ; and (B) by striking $416,667 and inserting $745,575. (i) University transportation research authorizations \nSection 5338(e) of title 49, United States Code, is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; (2) in paragraph (2)(A) by striking $2,020,833 for the period of October 1, 2003, through February 29, 2004 and inserting $3,578,760 for the period of October 1, 2003, through June 30, 2004 ; (3) in paragraph (2)(B) by striking $505,833 for the period of October 1, 2003, through February 29, 2004 and inserting $894,690 for the period of October 1, 2003, through June 30, 2004 ; and (4) in each of clauses (i) and (iii) of paragraph (2)(C) by striking February 29 and inserting June 30. (j) Allocation of university transportation research funds \n(1) In general \nSection 8(j)(1) of the Surface Transportation Extension Act of 2003 (117 Stat. 1124) is amended— (A) in the matter preceding subparagraph (A) by striking February 29 and inserting June 30 ; (B) in subparagraph (A) by striking $833,333 and inserting $1,491,150 ; and (C) in subparagraph (B) by striking $833,333 and inserting 1,491,150. (2) Conforming amendment \nSection 3015(d)(2) of the Transportation Equity Act for the 21st Century (112 Stat. 857) is amended by striking February 29 and inserting June 30. (k) Administration authorizations \nSection 5338(f) of title 49, United States Code, is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; (2) in paragraph (2)(A) by striking clause (vi) and inserting the following: (vi) $45,032,730 for the period of October 1, 2003, through June 30, 2004. ; and (3) in paragraph (2)(B) by striking clause (vi) and inserting the following: (vi) $11,258,183 for the period of October 1, 2003, through June 30, 2004.. (l) Job access and reverse commute program \nSection 3037(l) of the Transportation Equity Act for the 21st Century ( 49 U.S.C. 5309 note; 112 Stat. 391–392; 117 Stat. 1124) is amended— (1) in paragraph (1)(A) by striking clause (vi) and inserting the following: (vi) $74,557,500 for the period of October 1, 2003, through June 30, 2004. ; (2) in paragraph (1)(B) by striking clause (vi) and inserting the following: (vi) $18,639,375 for the period of October 1, 2003, through June 30, 2004. ; and (3) in paragraph (2) by striking February 29, 2004, $4,166,667 and inserting June 30, 2004, $7,455,750 shall be used for such projects. (m) Rural transportation accessibility incentive program \nSection 3038(g) of such Act ( 49 U.S.C. 5310 note; 112 Stat. 393; 117 Stat. 1125) is amended— (1) in paragraph (1) by striking subparagraph (F) and inserting the following: (F) $3,914,269 for the period of October 1, 2003, through June 30, 2004. ; and (2) in paragraph (2) by striking (and $708,333 shall be available for the period of October 1, 2003, through February 29, 2004) and inserting (and $1,267,478 shall be available for the period of October 1, 2003, through June 30, 2004). (n) Urbanized area formula grants \nSection 5307(b) of title 49, United States Code, is amended— (1) in the heading to paragraph (2) by striking february 29 and inserting june 30 ; and (2) in paragraph (2)(A) by striking February 29 and inserting June 30. (o) Obligation ceiling \nSection 3040(6) of the Transportation Equity Act for the 21st Century (112 Stat. 394; 117 Stat. 1125) is amended to read as follows: (6) $5,449,407,675 for the period of October 1, 2003, through June 30, 2004.. (p) Fuel cell bus and bus facilities program \nSection 3015(b) of such Act (112 Stat. 361; 117 Stat. 1125) is amended by striking February 29, 2004, $2,020,833) and inserting June 30, 2004, $3,616,039). (q) Advanced technology pilot project \nSection 3015(c)(2) of such Act ( 49 U.S.C. 322 note; 112 Stat. 361; 117 Stat. 1125) is amended— (1) by striking February 29 and inserting June 30 ; and (2) by striking and $2,083,333 and inserting and $3,727,875. (r) Projects for new fixed guideway systems and extensions to existing systems \nSubsections (a), (b), and (c)(1) of section 3030 of such Act (112 Stat. 373–381; 117 Stat. 1125) are each amended by striking February 29 and inserting June 30. (s) New Jersey urban core project \nSubparagraphs (A), (B), and (C) of section 3031(a)(3) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122; 112 Stat. 379) are each amended by striking February 29 and inserting June 30. (t) Treatment of funds \nSection 8(t) of the Surface Transportation Extension Act of 2003 ( 23 U.S.C. 101 note; 117 Stat. 1126) is amended by inserting and by section 8 of the Surface Transportation Extension Act of 2004 before shall be treated. (u) Local share \nSection 3011(a) of the Transportation Equity Act for the 21st Century (112 Stat. 357) is amended by inserting and for the period of October 1, 2003, through June 30, 2004 after 2003.", "id": "H293947A140F54D9BB66961742E8DE576", "header": "Extension of Federal transit programs" }, { "text": "9. Sport fishing and boating safety \n(a) Funding for national outreach and communications program \nSection 4(c)(6)of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c(c)(6) ) is amended to read as follows: (6) $7,500,000 for the period of October 1, 2003, through June 30, 2004;. (b) Clean vessel Act funding \nSection 4(b)(4) of such Act ( 16 U.S.C. 777c(b)(4) ) is amended to read as follows: (4) First 9 months of fiscal year 2004 \nFor the period of October 1, 2003, through June 30, 2004, of the balance of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $61,500,000, reduced by 82 percent of the amount appropriated for that fiscal year from the Boat Safety Account of the Aquatic Resources Trust Fund established by section 9504 of the Internal Revenue Code of 1986 to carry out the purposes of section 13106(a) of title 46, United States Code, shall be used as follows: (A) $7,500,000 shall be available to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 ( 33 U.S.C. 1322 note). (B) $6,000,000 shall be available to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 7404(d) of the Sportfishing and Boating Safety Act of 1998 ( 16 U.S.C. 777g–1(d) ). (C) The balance remaining after the application of subparagraphs (A) and (B) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106 of title 46, United States Code.. (c) Boat safety funds \nSection 13106(c) of title 46, United States Code, is amended— (1) by striking $2,083,333 and inserting $3,750,000 ; and (2) by striking $833,333 and inserting $1,500,000.", "id": "H43EF048B2E7A49C786B31B8501BBFA03", "header": "Sport fishing and boating safety" }, { "text": "10. Extension of authorization for use of trust funds for obligations under TEA-21 \n(a) Highway Trust Fund \n(1) In general \nParagraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended— (A) in the matter before subparagraph (A), by striking March 1, 2004 and inserting July 1, 2004 , (B) by striking or at the end of subparagraph (E), (C) by striking the period at the end of subparagraph (F) and inserting , or , (D) by inserting after subparagraph (F), the following new subparagraph: (G) authorized to be paid out of the Highway Trust Fund under the. , and (E) in the matter after subparagraph (G), as added by this paragraph, by striking Surface Transportation Extension Act of 2003 and inserting. (2) Mass Transit Account \nParagraph (3) of section 9503(e) of such Code is amended— (A) in the matter before subparagraph (A), by striking March 1, 2004 and inserting July 1, 2004 , (B) in subparagraph (C), by striking or at the end of such subparagraph, (C) in subparagraph (D), by inserting or at the end of such subparagraph, (D) by inserting after subparagraph (D) the following new subparagraph: (E) the , , and (E) in the matter after subparagraph (E), as added by this paragraph, by striking Surface Transportation Extension Act of 2003 and inserting. (3) Exception to limitation on transfers \nSubparagraph (B) of section 9503(b)(5) of such Code is amended by striking March 1, 2004 and inserting July 1, 2004. (b) Aquatic resources trust Fund \n(1) Sport fish restoration account \nParagraph (2) of section 9504(b) of the Internal Revenue Code of 1986 is amended by striking Surface Transportation Extension Act of 2003 each place it appears and inserting. (2) Boat safety account \nSubsection (c) of section 9504 of such Code is amended— (A) by striking March 1, 2004 and inserting July 1, 2004 , and (B) by striking Surface Transportation Extension Act of 2003 and inserting. (3) Exception to limitation on transfers \nParagraph (2) of section 9504(d) of such Code is amended by striking March 1, 2004 and inserting July 1, 2004. (c) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act. (d) Temporary rule regarding adjustments \nDuring the period beginning on the date of the enactment of the Surface Transportation Extension Act of 2003 and ending on June 30, 2004, for purposes of making any estimate under section 9503(d) of the Internal Revenue Code of 1986 of receipts of the Highway Trust Fund, the Secretary of the Treasury shall treat— (1) each expiring provision of paragraphs (1) through (4) of section 9503(b) of such Code which is related to appropriations or transfers to such Fund to have been extended through the end of the 24-month period referred to in section 9503(d)(1)(B) of such Code, and (2) with respect to each tax imposed under the sections referred to in section 9503(b)(1) of such Code, the rate of such tax during the 24-month period referred to in section 9503(d)(1)(B) of such Code to be the same as the rate of such tax as in effect on the date of the enactment of the Surface Transportation Extension Act of 2003.", "id": "HB2489F4F1CF0493599C709BD3010A5D2", "header": "Extension of authorization for use of trust funds for obligations under TEA-21" } ]

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

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HE3DB269AC01F4FD2884C1214AD7F25EB", "header": "Short title" }, { "text": "2. Refund of certain budget surplus amounts \n(a) In general \nSubchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: 6429. Refund of budget surplus amounts \n(a) In general \nEach individual who was an eligible individual for such individual’s first taxable year beginning in the calendar year in which a surplus year begins shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the lesser of— (1) the taxpayer’s allocable portion of the refund amount for such taxable year, or (2) the taxpayer’s limitation amount for such taxable year. (b) Timing of payments \nIn the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible. (c) Definitions \nFor purposes of this section— (1) Eligible individual \nThe term eligible individual means any individual other than— (A) any estate or trust, (B) any nonresident alien individual, and (C) 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 the individual’s taxable year begins. (2) Surplus year \nThe term surplus year means a fiscal year for which the Director of the Office of Management and Budget certifies to the President and the Congress after the close of such year that there is a surplus in the budget of the United States for such fiscal year and the amount of such surplus, determined without regard to the income and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. Such term shall not include any year if the Secretary determines that the cost of carrying out this section with respect to such year would exceed the refund amount for such year. (3) Refund amount \n(A) In general \nThe term refund amount means with respect to a surplus year, the applicable percentage of the amount of the surplus certified under paragraph (2) for that year. (B) Applicable percentage \nThe term applicable percentage means such percentage as the Secretary may determine with respect to any surplus year, except that such percentage shall not be less than 50 percent nor more than 100 percent. (4) Taxpayer’s allocable portion of the refund amount \nA taxpayer’s allocable portion of the refund amount is the portion of the refund amount determined by the Secretary to be the amount which bears the same ratio to the tax paid by the taxpayer under subtitle A for the taxpayer’s first taxable year beginning in the calendar year in which the surplus year begins as the total amount of taxes imposed under subtitle A on all eligible individuals for such taxable year bears to the total amount of the refund amount for the surplus year. (5) Limitation amount \nThe term limitation amount means, with respect to any taxable year, the excess (if any) of— (A) the sum of the regular tax liability (as defined in section 26(b)) for such taxable year plus the tax imposed by section 55 for such taxable year, over (B) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for such taxable year. (d) Special rules \n(1) No interest \nNo interest shall be allowed on any overpayment attributable to this section. (2) Joint returns \nIn the case of a refund or credit made or allowed under this section with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.. (b) Clerical amendment \nThe table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: Sec. 6429. Refund of budget surplus amounts. (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": "H643D715B600C4B81B87743FD1EC5DA5", "header": "Refund of certain budget surplus amounts" }, { "text": "6429. Refund of budget surplus amounts \n(a) In general \nEach individual who was an eligible individual for such individual’s first taxable year beginning in the calendar year in which a surplus year begins shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the lesser of— (1) the taxpayer’s allocable portion of the refund amount for such taxable year, or (2) the taxpayer’s limitation amount for such taxable year. (b) Timing of payments \nIn the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible. (c) Definitions \nFor purposes of this section— (1) Eligible individual \nThe term eligible individual means any individual other than— (A) any estate or trust, (B) any nonresident alien individual, and (C) 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 the individual’s taxable year begins. (2) Surplus year \nThe term surplus year means a fiscal year for which the Director of the Office of Management and Budget certifies to the President and the Congress after the close of such year that there is a surplus in the budget of the United States for such fiscal year and the amount of such surplus, determined without regard to the income and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund. Such term shall not include any year if the Secretary determines that the cost of carrying out this section with respect to such year would exceed the refund amount for such year. (3) Refund amount \n(A) In general \nThe term refund amount means with respect to a surplus year, the applicable percentage of the amount of the surplus certified under paragraph (2) for that year. (B) Applicable percentage \nThe term applicable percentage means such percentage as the Secretary may determine with respect to any surplus year, except that such percentage shall not be less than 50 percent nor more than 100 percent. (4) Taxpayer’s allocable portion of the refund amount \nA taxpayer’s allocable portion of the refund amount is the portion of the refund amount determined by the Secretary to be the amount which bears the same ratio to the tax paid by the taxpayer under subtitle A for the taxpayer’s first taxable year beginning in the calendar year in which the surplus year begins as the total amount of taxes imposed under subtitle A on all eligible individuals for such taxable year bears to the total amount of the refund amount for the surplus year. (5) Limitation amount \nThe term limitation amount means, with respect to any taxable year, the excess (if any) of— (A) the sum of the regular tax liability (as defined in section 26(b)) for such taxable year plus the tax imposed by section 55 for such taxable year, over (B) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for such taxable year. (d) Special rules \n(1) No interest \nNo interest shall be allowed on any overpayment attributable to this section. (2) Joint returns \nIn the case of a refund or credit made or allowed under this section with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.", "id": "HA780EBA46FBD4238AE00B3C9A000EE63", "header": "Refund of budget surplus amounts" } ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H28D75C6DACAC46BCAA4E9CEEBC1582A1", "header": "Short title" }, { "text": "2. United States Military Cancer Institute \n(a) Establishment \n(1) In general \nThere is established in the Uniformed Services University of the Health Sciences (USUHS) the United States Military Cancer Institute. (2) Scientists \nThe staff of the Institute shall include clinical and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for participation in the Institute. (3) Components \nThe components of the Institute shall include military treatment and research facilities that meet applicable criteria and are designated as affiliates of the Institute. (b) Research \n(1) Research subjects \nThe Institute shall carry out research studies on the following subjects: (A) The epidemiological features of cancer, including assessments of both the carcinogenic effect of genetic and environmental factors and the disparities in health, inherent or common, among populations of various ethnic origins. (B) The prevention and early detection of cancer. (C) Basic, translational, and clinical investigation matters relating to the subjects described in subparagraphs (A) and (B). (2) Complementary research on oncologic nursing \nThe research studies under paragraph (1) shall include complementary research on oncologic nursing. (c) Collaborative research \nThe Institute shall carry out the research studies under subsection (b) in collaboration with other cancer research organizations and entities selected by the Institute for purposes of the research studies. (d) Reports \n(1) In general \nNot later than one year after the date of the enactment of this Act, and annually thereafter, the Director of the Institute shall submit to the President of the USUHS a report on the results of the research studies carried out under subsection (b). (2) Transmission of report \nNot later than 60 days after the receipt of a report under paragraph (1), the President of the USUHS shall transmit such report to Congress.", "id": "H788ED45EDF1342F9981214B57BEC2BC4", "header": "United States Military Cancer Institute" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "H0D5827B91A4D4212B702BAF7BB22AC1B", "header": "Short title" }, { "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" } ]

[ { "text": "1. Permanent resident status for Helene Jensen \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Helene Jensen shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Helene Jensen enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Helene Jensen, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Helene Jensen shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HAAA62A2BFE6C4C4BBACAC78340D958E5", "header": "Permanent resident status for Helene Jensen" } ]

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

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H1A9A6082B6FC4D2887CF4246FB28B800", "header": "Short title" }, { "text": "2. Grant authority \n(a) In general \nThe Secretary of Homeland Security may make grants in accordance with this Act to address homeland security preparedness shortcomings of units of municipal and county government. (b) Categories \nEach grant under this section shall be made for one of the following categories of use: (1) Equipment and training. (2) Improving interoperability between members of a consortium of municipal or county governments. (c) Cost sharing \nThe Federal share of the costs of an activity carried out with a grant under this section— (1) may not exceed 70 percent of the total costs of such activity, in the case of a grant for equipment and training; and (2) may not exceed 90 percent of the total costs of such activity, in the case of a grant for improving interoperability between members of a consortium of municipal or county governments.", "id": "H293B7D3BE24B45BEA6659305E97DC547", "header": "Grant authority" }, { "text": "3. Grant eligibility \n(a) In general \nTo be eligible for a grant under this Act, an applicant must be a unit of municipal or county government or a consortium of such units. (b) Limitation \n(1) In general \nA unit of municipal or county government, or a consortium of such units, may not receive more than one grant under this Act. (2) Restriction on additional grant to member of consortium \nA unit of municipal or county government that is a member of a consortium that receives a grant under this Act is not eligible to receive an additional grant under this Act individually or as a member of another consortium.", "id": "HA4A621DE33C2407A99A93E792108DAD3", "header": "Grant eligibility" }, { "text": "4. Application \n(a) In general \nAny unit of municipal or county government may submit an application for a grant under this section to the Secretary, on behalf of such unit or on behalf of a consortium of which the unit is a member. (b) Contents \nAn application under this section— (1) shall seek funding for one of the categories of use required under section 2(b); and (2) shall include the results of a vulnerability assessment in accordance with section 5.", "id": "HCD804341633343390000E4E408BE3EE", "header": "Application" }, { "text": "5. Vulnerability assessment \n(a) In general \nThe Secretary may not make a grant under this Act unless the applicant for the grant conducts a vulnerability assessment that assesses the risk and vulnerability of the applicant (including each member of the applicant, in the case of a consortium) to a variety of possible acts of terrorism, including conventional, biological, nuclear, and chemical attacks. (b) Requirements for assessments \nThe Secretary of Homeland Security shall prescribe requirements for vulnerability assessments under this section. (c) Limitation on grants for equipment or training \nThe Secretary may not make a grant under this Act for equipment and training unless the Secretary determines that the grant will address a need determined in the vulnerability assessment conducted under this section for purposes of the grant.", "id": "HFA4F5FAD5F6A478AB6AEE0D79B502631", "header": "Vulnerability assessment" }, { "text": "6. Use of grant \nAmounts provided as a grant under this section— (1) shall be used only for the category of use under section 2(b) for which the grant is made; (2) may be used only for new domestic preparedness initiatives; (3) shall not be used to sustain or supplement existing program; and (4) may be distributed by the grantee to fire departments, police departments, emergency services, and public health agencies of the grantee.", "id": "H0DDC6A5D5EA247AB9E29B976EF20A398", "header": "Use of grant" }, { "text": "7. Relationship to other grant programs \nThe program of grants under this Act— (1) is intended to complement, and not not take the place of, the Assistance to Firefighters Program conducted by the Office of Domestic Preparedness; and (2) does not affect the eligibility of any person for the Assistance to Firefighters Grants or any other funding made available by the Department of Homeland Security.", "id": "HFC6FB3FEEA004E9100E3648C136DD906", "header": "Relationship to other grant programs" } ]

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

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

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

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

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

[ { "text": "1. Dalip Singh Saund Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 30777 Rancho California Road in Temecula, California, shall be known and designated as the Dalip Singh Saund Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dalip Singh Saund Post Office Building.", "id": "HB378A40BC32E43A6B76EE36CC8F72308", "header": "Dalip Singh Saund Post Office Building" } ]

[ { "text": "1. 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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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, but may receive college credit. (b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 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 section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary 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 or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section 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 section 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) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c). (f) 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" }, { "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, but may receive college credit. (b) Student eligibility \nExcept as provided in subsection (e)(2), a student shall be eligible for the purpose of this section, if the student— (1) is enrolled in GEAR UP partnerships or State programs; (2) is enrolled in 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 section may provide services such as— (1) the offering of core non-remedial college courses as determined by the post secondary 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 or who meet qualifications and standards approved by the postsecondary institution; or (D) enroll in an early/middle college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree and high school diploma in an accelerated timeframe; (2) underwriting the per-credit costs of college courses; (3) assistance with the selection of core non-remedial college courses by students; (4) tutorial services pertaining to the core non-remedial college courses in which students are enrolled; and (5) purchasing books, supplies, and transportation. (d) Requirements for approval of applications \nIn approving applications for GEAR UP & GO under this section 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 section 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) Early/Middle college high school \n(1) Reservation for grants \nThe Secretary of Education shall reserve, at a maximum, 25 percent of the funds appropriated under subsection (f) for any fiscal year for a program of grants to early/middle college high school. (2) Eligible programs \nFor purposes of this subsection, an early/middle college high school is a school that is designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. (3) Requirements \nExcept as provided in paragraph (4), the programs provided funds under this subsection shall comply with the requirements of subsections (b), (c), and (d) of this section. (4) Exception \nNotwithstanding subsections (b)(1) and (d)(3)— (A) a student served in a program funded by a grant under this subsection is not required to be enrolled in a GEAR UP partnership or State program; and (B) an entity applying for funding under this subsection is not required to meet the requirements of section 404A(c). (f) 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" }, { "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" }, { "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" }, { "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" } ]

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

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

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC2F5212E27E44C08A44B1CEA37758391", "header": "Short title" }, { "text": "2. Expedited implementation of country of origin labeling requirements \nSection 285 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638d ), as amended by section 749 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004 (division A of Public Law 108–199 ; 118 Stat. 37), is amended by striking September 30, 2006, except for farm-raised fish and wild fish which shall be September 30, 2004 and inserting September 30, 2004.", "id": "HF6D8EB74647D4E6D87FDF8B56148DC77", "header": "Expedited implementation of country of origin labeling requirements" }, { "text": "3. Maintenance of records and animal identification \nSection 282 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a ) is amended— (1) in subsection (e), by adding at the end the following new sentence: A retailer shall maintain records of country of origin information for not less than 180 days at a location selected by the retailer. ; and (2) in subsection (f), by striking paragraph (1) and inserting the following new paragraph: (1) National animal identification system \nAfter the implementation of a national animal identification system, the Secretary shall use information collected under that system to augment verification under this section..", "id": "H1841D910B6134705857E65AD6EEC6FD9", "header": "Maintenance of records and animal identification" }, { "text": "4. Enforcement authority \nSection 283 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638b ) is amended by striking subsection (c) and inserting the following new subsection: (c) Civil money penalties \nIf, on completion of the 30-day period described in subsection (b)(2) with respect to a retailer, the Secretary determines, after providing notice and an opportunity for a hearing, that the retailer knowingly violated section 282, the Secretary shall impose on the retailer a civil money penalty with respect to the violation. The amount of the civil money penalty for a violation may not exceed the product obtained by multiplying— (1) 5 percent of the average monthly retail price (as determined by the Secretary) of the commodity that is not labeled in accordance with this subtitle; by (2) the quantity of the commodity that is not labeled in accordance with this subtitle..", "id": "H6EC0F2F4D3E04F479EDD5CF5AB86F6B0", "header": "Enforcement authority" } ]

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Assistance Act of 2004.", "id": "H5890B5F223D04CFCB8B32C00691F005D", "header": "Short title" }, { "text": "2. Definition of Secretary \nIn this Act, the term Secretary means the Secretary of Agriculture.", "id": "HB921132741704026A6C9412C9941F3CB", "header": "Definition of Secretary" }, { "text": "3. Crop disaster assistance \n(a) Definitions \nIn this section: (1) Additional coverage \nThe term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (2) Insurable commodity \n(A) In general \nThe term insurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Exclusion \nThe term insurable commodity does not include livestock. (3) Noninsurable commodity \nThe term noninsurable commodity means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (b) Assistance available \nThe Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (c) Administration \n(1) Use of former administrative authority \nExcept as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate \nThe payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 40 percent of the applicable price for the crop. (d) Ineligibility for Assistance \nExcept as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses. (e) Contract waiver \nThe Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (f) Effect of Violation \nIn the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section.", "id": "H294D15ED828C4A5AA65616D97DE6D820", "header": "Crop disaster assistance" }, { "text": "4. Livestock assistance \n(a) Definitions \nIn this section: (1) Disaster county \nThe term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration \nThe term qualifying natural disaster declaration means— (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (b) Livestock assistance program \n(1) Assistance available \n(A) In general \nSubject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria \nTo carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). (c) Relationship of livestock assistance programs \nThe amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary.", "id": "H83C68D6D1DD74ED58461A7006D5964E3", "header": "Livestock assistance" }, { "text": "5. Funding \nThe Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended.", "id": "HAB70F72A60C040E99D561EE600AB0041", "header": "Funding" }, { "text": "6. Regulations \n(a) In general \nThe Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "H9FF2D06314634E79BE33BEF128C186BC", "header": "Regulations" } ]

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

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

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

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H8124107EBA234BD0B7A6BD8B700082B1", "header": "Short title" }, { "text": "2. Assistance for self-help housing providers \nParagraph (1) of section 11(b) of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 note) is amended by striking dwelling and inserting dwellings.", "id": "HEF82B05E1DD7411295DF5D983F4F6DB2", "header": "Assistance for self-help housing providers" } ]

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

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