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[ { "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", "nested": [], "links": [ { "text": "42 U.S.C. 415(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "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", "nested": [], "links": [] } ]

[ "Old age, survivors and disability insurance", "Social security beneficiaries" ]

[ { "text": "1. Extension of trade adjustment assistance to services sector \n(a) Adjustment assistance for workers \nSection 221(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1)(A) ) is amended by striking firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm. (b) Group eligibility requirements \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided ; and (ii) by inserting after subparagraph (B) the following: (C) (i) there has been a shift, by such workers’ firm or subdivision to a foreign country, in provision of services like or directly competitive with services which are provided by such firm or subdivision; or (ii) such workers’ firm or subdivision has obtained or is likely to obtain services described in clause (i) from a foreign country ; (2) in subsection (b), in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; and (3) in subsection (c)(3)— (A) by inserting (or subdivision) after such other firm ; and (B) by striking , if the certification and all that follows through Mexico. (c) Definitions \nSection 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 ) is amended by inserting after paragraph (6) the following: (7) The term service sector firm means an entity engaged in the business of providing information technology or other high technology services..", "id": "H5E2767B0562C448AB153D550817E4FFA", "header": "Extension of trade adjustment assistance to services sector", "nested": [ { "text": "(a) Adjustment assistance for workers \nSection 221(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1)(A) ) is amended by striking firm) and inserting firm, and workers in a service sector firm or subdivision of a service sector firm.", "id": "H5BF03D2AEE614336BFD566819F8048CD", "header": "Adjustment assistance for workers", "nested": [], "links": [ { "text": "19 U.S.C. 2271(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/19/2271" } ] }, { "text": "(b) Group eligibility requirements \nSection 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; (B) in paragraph (2)— (i) in subparagraph (A)(ii), by striking like or directly competitive with articles produced and inserting or services like or directly competitive with articles produced or services provided ; and (ii) by inserting after subparagraph (B) the following: (C) (i) there has been a shift, by such workers’ firm or subdivision to a foreign country, in provision of services like or directly competitive with services which are provided by such firm or subdivision; or (ii) such workers’ firm or subdivision has obtained or is likely to obtain services described in clause (i) from a foreign country ; (2) in subsection (b), in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; and (3) in subsection (c)(3)— (A) by inserting (or subdivision) after such other firm ; and (B) by striking , if the certification and all that follows through Mexico.", "id": "H6C2B41E1D8884CB9BE58CFADE7729B00", "header": "Group eligibility requirements", "nested": [], "links": [ { "text": "19 U.S.C. 2272", "legal-doc": "usc", "parsable-cite": "usc/19/2272" } ] }, { "text": "(c) Definitions \nSection 247 of the Trade Act of 1974 ( 19 U.S.C. 2319 ) is amended by inserting after paragraph (6) the following: (7) The term service sector firm means an entity engaged in the business of providing information technology or other high technology services..", "id": "H74C9073D35AA470699F7770000E6D979", "header": "Definitions", "nested": [], "links": [ { "text": "19 U.S.C. 2319", "legal-doc": "usc", "parsable-cite": "usc/19/2319" } ] } ], "links": [ { "text": "19 U.S.C. 2271(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/19/2271" }, { "text": "19 U.S.C. 2272", "legal-doc": "usc", "parsable-cite": "usc/19/2272" }, { "text": "19 U.S.C. 2319", "legal-doc": "usc", "parsable-cite": "usc/19/2319" } ] } ]

[ "Commerce", "Dislocated workers", "High technology", "Information technology", "Labor and Employment", "Location of industries", "Science, Technology, Communications", "Service industries", "Trade adjustment assistance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Nurse Education, Expansion, and Development Act of 2004.", "id": "H5D758124B5B249E8801B775358F8671B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) While the Nurse Reinvestment Act ( Public Law 107–205 ) helped to increase applications to schools of nursing by 60 percent, schools of nursing have been unable to accommodate the influx of interested students because they have an insufficient number of nurse educators. It is estimated that— (A) in the 2003–2004 school year— (i) 61.5 percent of schools of nursing had from 1 to 15 vacant faculty positions; and (ii) an additional 30.9 percent of schools of nursing needed additional faculty, but lacked the resources needed to add more positions; and (B) 18,105 eligible candidates were denied admission to schools of nursing in 2003, primarily due to an insufficient number of faculty members. (2) A growing number of nurses with doctoral degrees are choosing careers outside of education. Over the last few years, there has been a 12 percent increase in doctoral nursing graduates seeking employment outside the education profession. (3) The average age of nurse faculty at retirement is 62.5 years. With the average age of doctorally-prepared faculty currently 53.5 years, a wave of retirements is expected within the next 10 years. (4) Master's and doctoral programs in nursing are not producing a large enough pool of potential nurse educators to meet the projected demand for nurses over the next 10 years. In the 2003–2004 school year, graduations from master's programs in nursing were down 2.5 percent or 251 graduates, and graduations from doctoral programs decreased by 9.9 percent or 44 graduates. (5) According to the February 2004 Monthly Labor Review of the Bureau of Labor Statistics, more than 1,000,000 new and replacement nurses will be needed by 2012.", "id": "HA733D3B7B1AE4E0AB658A27441C31286", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–205", "legal-doc": "public-law", "parsable-cite": "pl/107/205" } ] }, { "text": "3. Capitation grants to increase the number of nursing faculty and students \n(a) Grants \nPart D of title VIII of the Public Health Service Act ( 42 U.S.C. 296p ) is amended by adding at the end the following: 832. Capitation grants \n(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students. (c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C). (d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application. (e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section. (g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results. (h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007.. (b) GAO Study \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on ways to increase participation in the nurse faculty profession. (2) Contents of report \nThe report required by paragraph (1) shall include the following: (A) A discussion of the master’s degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing. (B) An examination of compensation disparities throughout the nursing profession and compensation disparities between higher education instructional faculty generally and higher education instructional nursing faculty.", "id": "H70F92BE052354115B4027876E9505021", "header": "Capitation grants to increase the number of nursing faculty and students", "nested": [ { "text": "(a) Grants \nPart D of title VIII of the Public Health Service Act ( 42 U.S.C. 296p ) is amended by adding at the end the following: 832. Capitation grants \n(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students. (c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C). (d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application. (e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section. (g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results. (h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007..", "id": "H7E9DB9E41E6A4F4C93E0D357038622E2", "header": "Grants", "nested": [], "links": [ { "text": "42 U.S.C. 296p", "legal-doc": "usc", "parsable-cite": "usc/42/296p" } ] }, { "text": "(b) GAO Study \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the Congress on ways to increase participation in the nurse faculty profession. (2) Contents of report \nThe report required by paragraph (1) shall include the following: (A) A discussion of the master’s degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing. (B) An examination of compensation disparities throughout the nursing profession and compensation disparities between higher education instructional faculty generally and higher education instructional nursing faculty.", "id": "HD579705FFAB340CBAAD5002293B1FAC9", "header": "GAO Study", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 296p", "legal-doc": "usc", "parsable-cite": "usc/42/296p" } ] }, { "text": "832. Capitation grants \n(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section. (b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students. (c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C). (d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application. (e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section. (g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results. (h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007.", "id": "HC7824AD51C794EC4867020C33884807D", "header": "Capitation grants", "nested": [ { "text": "(a) In general \nFor the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section.", "id": "H3B08F9DA82314452A1D44CE7B9E564AA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purpose \nA funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.", "id": "H8C9D695B3C33481892EDAEA176B1E843", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Grant computation \n(1) Amount per student \nSubject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following: (A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program of education in nursing that— (i) leads to a master’s degree, a doctoral degree, or an equivalent degree; and (ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area. (B) $1,405 for each full-time or part-time student who— (i) is enrolled at the school in a program of education in nursing leading to the degree of bachelor of science, bachelor of nursing, or an equivalent degree; and (ii) has not more than 3 years of academic credits remaining in the program. (C) $966 for each full-time or part-time student who is enrolled at the school in a program of education in nursing leading to an associate degree in nursing or an equivalent degree. (2) Limitation \nIn calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student— (A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a master’s degree or an equivalent degree; (B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program of education in nursing leading to a doctoral degree or an equivalent degree; (C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or (D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).", "id": "HE8A905C393384A0300C3DE859970A44C", "header": "Grant computation", "nested": [], "links": [] }, { "text": "(d) Eligibility \nFor purposes of this section, the term eligible school of nursing means a school of nursing that— (1) is accredited by a nursing accrediting agency recognized by the Secretary of Education; (2) has a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 school years preceding submission of the grant application; and (3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 school years preceding submission of the grant application.", "id": "H8A5200E851B04F599DE135C3E17684ED", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(e) Requirements \nThe Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each school year for which the grant is awarded, the school will comply with the following: (1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent. (2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent. (3) (A) Subject to subparagraphs (B) and (C), the first-year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding school year by 5 percent or 5 students, whichever is greater. (B) Subparagraph (A) does not apply to the first school year for which a school receives a grant under this section. (C) With respect to any school year, the Secretary may waive application of subparagraph (A) if— (i) the physical facilities at the school involved limit the school from enrolling additional students; or (ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding school years. (4) Not later than 1 year after receipt of the grant, the school will formulate and implement a plan to accomplish at least 2 of the following: (A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months. (B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology. (C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the interdisciplinary team approach to the delivery of health services. (D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care. (E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged. (F) Increasing enrollment of minority and diverse student populations. (G) Increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members. (H) Developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe. (I) Increasing integration of geriatric content into the core curriculum. (J) Partnering with economically disadvantaged communities to provide nursing education. (K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students. (5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the National Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education. (6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary’s requests for information, to determine the extent to which the school is complying with the requirements of this section.", "id": "HCEB9A2DA70244F8F00001FAC70E83BEA", "header": "Requirements", "nested": [], "links": [] }, { "text": "(g) Reports to Congress \nThe Secretary shall evaluate the results of grants under this section and submit to the Congress— (1) not later than 18 months after the date of the enactment of this section, an interim report on such results; and (2) not later than the end of fiscal year 2007, a final report on such results.", "id": "H7F4A8302FB574AE59909377F4936A960", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(h) Application \nTo seek a grant under this section, a school nursing shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.", "id": "H08071C5BE9494E3F911E1FCD73A33557", "header": "Application", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \n(1) In general \nFor the costs of carrying out this section (except the costs described in paragraph (2)), there are authorized to be appropriated $75,000,000 for fiscal year 2005, $85,000,000 for fiscal year 2006, and $95,000,000 for fiscal year 2007. (2) Administrative costs \nFor the costs of administering this section, including the costs of evaluating the results of grants and submitting reports to the Congress, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2005, 2006, and 2007.", "id": "H79DFB7631FE1497B803E70EF6E69A3AC", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Building construction", "Congress", "Congressional investigations", "Congressional reporting requirements", "Curricula", "Dropouts", "Economics and Public Finance", "Education", "Education of the disadvantaged", "Educational facilities", "Educational planning", "Educational statistics", "Educational technology", "Educational tests", "Federal aid to education", "Geriatrics", "Government Operations and Politics", "Government paperwork", "Graduate education", "Higher education", "Information technology", "Labor and Employment", "Law", "Licenses", "Maintenance and repair", "Medical education", "Medical residents", "Minorities", "Minority education", "Nurses", "Nursing education", "Recruiting of employees", "Salaries", "School buildings", "Science, Technology, Communications", "Social Welfare", "Student enrollment", "Teacher education", "Teacher supply and demand", "Teachers" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HA4B80F24F20F4BFAB5CCAD0065065816", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Attorney accountability \nRule 11 of the Federal Rules of Civil Procedure is amended— (1) in subdivision (c)— (A) by amending the first sentence to read as follows: “If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to the other party or parties to pay for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney’s fee.’’; (B) in paragraph (1)(A)— (i) by striking “Rule 5” and all that follows through “corrected.” and inserting “Rule 5.”; and (ii) by striking “the court may award” and inserting “the court shall award’’; and (C) in paragraph (2), by striking “shall be limited to what is sufficient” and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney’s fee. ; and (2) by striking subdivision (d).", "id": "H1F7776EE87B041528CB3B1F600005811", "header": "Attorney accountability", "nested": [], "links": [] }, { "text": "3. Applicability of Rule 11 to State cases affecting interstate commerce \nIn any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action.", "id": "H5352A572FC264AD39EAFBD006E2635AC", "header": "Applicability of Rule 11 to State cases affecting interstate commerce", "nested": [], "links": [] }, { "text": "4. Prevention of forum-shopping \n(a) In general \nSubject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or Federal district) in which— (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent— (A) resides at the time of filing; or (B) resided at the time of the alleged injury; or (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; or (3) the defendant's principal place of business is located. (b) Determination of most appropriate forum \nIf a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions \nIn this section: (1) The term personal injury claim — (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B) does not include a claim brought as a class action. (2) The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability \nThis section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act.", "id": "H0EAAD5E7F3F042EF80F60890B94EBC45", "header": "Prevention of forum-shopping", "nested": [ { "text": "(a) In general \nSubject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or Federal district) in which— (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent— (A) resides at the time of filing; or (B) resided at the time of the alleged injury; or (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; or (3) the defendant's principal place of business is located.", "id": "HE93032BCA8464C1D86C7F9C6D4F91580", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Determination of most appropriate forum \nIf a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection.", "id": "H790AA0D625A0442BAD2F482DF4148DCD", "header": "Determination of most appropriate forum", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) The term personal injury claim — (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B) does not include a claim brought as a class action. (2) The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States.", "id": "H8CE031D7594C49F996602462E98DD5C5", "header": "Definitions", "nested": [], "links": [] }, { "text": "(d) Applicability \nThis section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act.", "id": "H7BCF7D4EBCE540E38EBCED8F66292553", "header": "Applicability", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Rule of construction \nNothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law.", "id": "H580BBFABA6D148C6869F5D00FC892F98", "header": "Rule of construction", "nested": [], "links": [] } ]

[ "Appellate procedure", "Civil actions and liability", "Civil procedure", "Commerce", "District courts", "Frivolous lawsuits", "Government Operations and Politics", "Injunctions", "Interstate commerce", "Jurisdiction", "Lawyers", "Legal ethics", "Legal fees", "Obstruction of justice", "Residence requirements", "State courts", "Torts" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H99475A8A8C3440A181821E4315C99F4D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Civil action for a minor injured by exposure to an entertainment product containing material that is harmful to minors \n(a) Civil action \nA minor, through a person acting on behalf of the minor in accordance with Rule 17(c) of the Federal Rules of Civil Procedure to the extent applicable, may, in a civil action in an appropriate district court of the United States, obtain relief under subsection (b) against any person who knowingly sells or distributes in interstate or foreign commerce an entertainment product containing material that is harmful to minors, if— (1) a reasonable person would expect a substantial number of minors to be exposed to the material; and (2) the minor as a result of exposure to that material is likely to suffer personal or emotional injury or injury to mental or moral welfare. (b) Relief \nIn an action under subsection (a), if the minor is the prevailing party— (1) the minor shall recover compensatory damages of not less than $10,000 for each instance of any such material in any such product to which such minor was so exposed; (2) the minor may recover punitive damages; (3) the court, in its discretion, may allow the minor a reasonable attorney’s fee (including expert fees) as part of the costs; and (4) the court may order any other appropriate relief. (c) Affirmative defense \nIt is an affirmative defense to an action under this section that a parent or guardian of the minor owned or possessed the entertainment product containing the material to which the minor was exposed, and an act of that parent or guardian was the proximate cause of the minor’s exposure to that material. (d) Definitions \nFor purposes of this section: (1) The term entertainment product means a picture, photograph, image, graphic image file, drawing, video game, motion picture film, or similar visual representation or image, book, pamphlet, magazine, printed matter, or sound recording. (2) The term material that is harmful to minors means any pornographic communication, picture, image, graphic image file, article, recording, writing, or other pornographic matter of any kind that is obscene or that— (A) the average person, applying the contemporary standards of the adult community in which the minor resides with respect to what is suitable for minors, would find, taking the material as a whole and with respect to minors of the ages that the person reasonably would expect to be exposed to the material— (i) is designed to appeal to, or is designed to pander to, the prurient interest in nudity, sex, or excretion, with respect to minors; and (ii) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (B) a reasonable person would find, taken as a whole, lacks serious literary, artistic, political, and scientific value for minors sufficient to overcome the pernicious effect of that material. (3) The term minor means an individual under the age of 18. (e) Severability \nIf any provision of this section or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provision to any other person or circumstance shall not be affected.", "id": "H14206252922744C2ADBFEB4FD144AC8E", "header": "Civil action for a minor injured by exposure to an entertainment product containing material that is harmful to minors", "nested": [ { "text": "(a) Civil action \nA minor, through a person acting on behalf of the minor in accordance with Rule 17(c) of the Federal Rules of Civil Procedure to the extent applicable, may, in a civil action in an appropriate district court of the United States, obtain relief under subsection (b) against any person who knowingly sells or distributes in interstate or foreign commerce an entertainment product containing material that is harmful to minors, if— (1) a reasonable person would expect a substantial number of minors to be exposed to the material; and (2) the minor as a result of exposure to that material is likely to suffer personal or emotional injury or injury to mental or moral welfare.", "id": "HCF0CBBE7A8284367BE19193756365EE0", "header": "Civil action", "nested": [], "links": [] }, { "text": "(b) Relief \nIn an action under subsection (a), if the minor is the prevailing party— (1) the minor shall recover compensatory damages of not less than $10,000 for each instance of any such material in any such product to which such minor was so exposed; (2) the minor may recover punitive damages; (3) the court, in its discretion, may allow the minor a reasonable attorney’s fee (including expert fees) as part of the costs; and (4) the court may order any other appropriate relief.", "id": "H0E5103366A524435A74D98F11E77DFAE", "header": "Relief", "nested": [], "links": [] }, { "text": "(c) Affirmative defense \nIt is an affirmative defense to an action under this section that a parent or guardian of the minor owned or possessed the entertainment product containing the material to which the minor was exposed, and an act of that parent or guardian was the proximate cause of the minor’s exposure to that material.", "id": "HC697085A179A4F6286BD24843E2200E6", "header": "Affirmative defense", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section: (1) The term entertainment product means a picture, photograph, image, graphic image file, drawing, video game, motion picture film, or similar visual representation or image, book, pamphlet, magazine, printed matter, or sound recording. (2) The term material that is harmful to minors means any pornographic communication, picture, image, graphic image file, article, recording, writing, or other pornographic matter of any kind that is obscene or that— (A) the average person, applying the contemporary standards of the adult community in which the minor resides with respect to what is suitable for minors, would find, taking the material as a whole and with respect to minors of the ages that the person reasonably would expect to be exposed to the material— (i) is designed to appeal to, or is designed to pander to, the prurient interest in nudity, sex, or excretion, with respect to minors; and (ii) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (B) a reasonable person would find, taken as a whole, lacks serious literary, artistic, political, and scientific value for minors sufficient to overcome the pernicious effect of that material. (3) The term minor means an individual under the age of 18.", "id": "HF808200D81334E13001CFBF82BBE0607", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Severability \nIf any provision of this section or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provision to any other person or circumstance shall not be affected.", "id": "H54AA998D08E54245ADE97943769CE200", "header": "Severability", "nested": [], "links": [] } ], "links": [] } ]

[ "Arts, Culture, Religion", "Books", "Child health", "Child welfare", "Civil actions and liability", "Commerce", "Consumer protection", "Crime and Law Enforcement", "Damages", "Government Operations and Politics", "Law", "Legal fees", "Mental health", "Motion pictures", "Periodicals", "Photography", "Pornography", "Product safety", "Punitive damages", "Sound recording and reproducing", "Video games" ]

[ { "text": "1. Short title \nThis Act may be cited as the Egyptian Counterterrorism and Political Reform Act.", "id": "H783E31510CA248B2A27520E7F2A1F4DD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Egypt is not a reliable ally in the war on terrorism. (2) The Middle East Media Research Institute (MEMRI) reports that only two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.. (3) According to the Middle East Media Research Institute, the Egyptian Government weekly newspaper Al-Ahram Al-Arabi published on September 22, 2001, an op-ed article that stated: For many long years, America made many peoples in the world cry. It was always [America] that carried out the acts; now, acts are being carried out [against] it. A cook who concocts poison must one day also taste that poison!. (4) In the 1979 peace treaty between Egypt and Israel, signed after the Camp David Accords, each party agreed to ensure that acts or threats of belligerency, hostility or violence do not originate from and are not committed from within its territory... against the population, citizens, or property of the other party.. (5) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (6) Egyptian President Mubarak publicly stated that Hezbollah had a right to attack Israelis in Southern Lebanon. (7) The Middle East Media Research Institute reports that Dr. Ahmad Al-Tayyeb, recently appointed by the Egyptian Government to be the Mufti of Egypt, told a conference at the University of Cairo in March 2003 that martyrdom operations, in which the Palestinians blow up targets of the Israeli occupation, are actions that are 100 percent permitted according to Islamic religious law, and it is forbidden to facilitate attack of a Muslim country... Any attempt to invade Iraq is forbidden by Islamic religious law and by morality, and Islam forbids it, and even commands its believers to resist attempts at invasion and occupation.. (8) According to the Middle East Media Research Institute, on August 17, 2001, the Egyptian Government daily newspaper Al-Akhbar contained an editorial that stated: All that we have left to say to the sons of Palestine... Kill your enemies wherever you may find them. This is a life and death conflict between you and them and it will not be over through calming attempts. The only thing that will force your enemy to surrender and to accept your demands is force, whatever the sacrifices may be.. (9) On May 9, 2003, President Bush stated: Over time, the expansion of liberty throughout the world is the best guarantee of security throughout the world. Freedom is the way to peace.... We're determined to help build a Middle East that grows in hope, instead of resentment. Because of the ideals and resolve of this Nation, you and I will not live in an age of terror. We will live in an age of liberty.. (10) In November 2003 President Bush stated: The great and proud nation Egypt... should show the way toward democracy in the Middle East.. (11) The United States Government’s Middle East Partnership Initiative (MEPI) champions an expanded public space where democratic voices can be heard in the political process, and the people have a choice in governance. (12) Egypt is a dictatorship. The due process and separation of powers key to any functioning democracy have been stifled in Egypt since Hosni Mubarak assumed the presidency more than 22 years ago. The so-called emergency powers he renews every three years allow him to arrest political opponents, their family and friends. Some experts believe that President Mubarak's refusal to name a successor or vice president suggests his intention to have his son, Gamal Mubarak, succeed him. (13) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report last year stating that everyone taken into detention in Egypt is at risk of torture. (14) The Washington Post reported on January 6, 2004, that 14 people have been allegedly tortured and killed in Egyptian jails over the course of the past 2 years. (15) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (16) In the 1979 peace treaty between Egypt and Israel, each party agreed that the normal relationship between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts, and discriminatory barriers to the free movement of people and good, and will guarantee the mutual enjoyment by citizens of the due process of law. (17) As a member of the Arab League, which maintains a boycott against Israel, Egypt recalled its ambassador to Israel in November of 2000, putting immense strain on the diplomatic relations established between the two countries 25 years ago at Camp David. (18) In the 1979 peace treaty between Egypt and Israel, each party agreed that the Parties shall seek to foster mutual understanding and tolerance and will, accordingly, abstain from hostile propaganda against each other. (19) The American Jewish Committee reported that the government controlled newspaper, Al-Ahkbar, published two award-winning columns entitled, Thanks to Hitler. The Middle East Media Research Institute reported that another government controlled paper, Al-Ahram, suggested that responsibility for [the August bombing in the Iraqi city of Najaf] is Western responsibility—and more specifically, American. (20) The television series Knight Without a Horse was broadcast on Egypt's state-run television during Ramadan 2002. The television program was based on the Protocols of the Elders of Zion, an anti-Semitic document that suggests that Jews are planning to take over the world. (21) On March 23, 2003, The Washington Post reported: The most popular singer in Egypt is Shaaban Abdel-Rahim, an illiterate man whose tape I hate Israel has sold more than 5 million copies. One of the most successful plays, Mama America , a virulently anti-American piece by well-known artist Mohammed Sobhi, has been running for months..", "id": "H0AF3829BD27D44849EEFF5BD58D92F6C", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Prohibition on United States military assistance for Egypt \n(a) Prohibition \nNotwithstanding any other provision of law, for fiscal year 2005 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver \nThe President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so.", "id": "H6A83D562D7DE463DB5478E99ACA89EFC", "header": "Prohibition on United States military assistance for Egypt", "nested": [ { "text": "(a) Prohibition \nNotwithstanding any other provision of law, for fiscal year 2005 and subsequent fiscal years, United States military assistance may not be provided for Egypt.", "id": "H9E7B9BADA681481CA4BA220714D84844", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Waiver \nThe President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so.", "id": "H486CD214282441630000139D97129E29", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue.", "id": "HFEC30609454047A49B32645F00009563", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "5. Definition \nIn this Act, the term United States military assistance means— (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities; (2) assistance under section 541 of the Foreign Assistance Act of 1961 (relating to international military education and training); and (3) assistance under section 23 of the Arms Export Control Act (relating to the Foreign Military Finance program).", "id": "HBEF53825C5934B50BD17C7EBE231A278", "header": "Definition", "nested": [], "links": [] } ]

[ "Congress", "Congress and foreign policy", "Congressional investigations", "Congressional oversight", "Congressional reporting requirements", "Economic assistance", "Egypt", "Government Operations and Politics", "Israel", "Middle East and North Africa", "Military assistance", "President and foreign policy", "Treaties" ]

[ { "text": "1. Short title \nThis Act may be cited as the Managing Our Medicare and Medicaid Services and Protecting Our Parents Act.", "id": "H69C37EA55A9A4FF2A3E0040097CE16A7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Loan repayment program for nurse practitioners and physicians assistants serving in underserved nursing homes \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following: 487H. Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes \n(a) Establishment \nTo the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual. (b) Amount of payments \nThe amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service; and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions \nExcept as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. (d) Definitions \nFor purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home. (3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act). (4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. (2) Availability \nAmounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available..", "id": "H3A7B48F448BE4C56E8E4EEAE00C0B74", "header": "Loan repayment program for nurse practitioners and physicians assistants serving in underserved nursing homes", "nested": [], "links": [ { "text": "42 U.S.C. 281 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/281" } ] }, { "text": "487H. Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes \n(a) Establishment \nTo the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual. (b) Amount of payments \nThe amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service; and (5) $5,000 at the completion of the fifth year of such service. (c) Application of provisions \nExcept as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. (d) Definitions \nFor purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home. (3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act). (4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients. (e) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. (2) Availability \nAmounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.", "id": "H4760A1924A926415429C5C9D39F9AEB", "header": "Loan repayment program for nurse practitioners and physician assistants serving in underserved nursing homes", "nested": [ { "text": "(a) Establishment \nTo the extent and in the amounts provided in advance in appropriations Acts, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to enter into contracts with individuals under which the individual involved agrees to serve for a period of not less than 3 years as a nurse practitioner or a physician assistant at an underserved nursing home, in consideration of the Federal Government agreeing to make payments, for not more than 5 years of such service, on the principal and interest of the educational loans of the individual.", "id": "H00CE0A794FB1CD28FE4D0396EF31075", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Amount of payments \nThe amount of a payment by the Secretary under this section for a year of service by an individual as a nurse practitioner or physician assistant at an underserved nursing home shall not exceed the lesser of the remaining outstanding obligation on the individual’s educational loans or— (1) $2,000 at the completion of the first year of such service; (2) $2,500 at the completion of the second year of such service; (3) $3,500 at the completion of the third year of such service; (4) $4,500 at the completion of the fourth year of such service; and (5) $5,000 at the completion of the fifth year of such service.", "id": "H923E01A24E1477F14F8DA183800617F", "header": "Amount of payments", "nested": [], "links": [] }, { "text": "(c) Application of provisions \nExcept as inconsistent with this section, the provisions of sections 338B, 338C, and 338E shall apply to the program established under this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III.", "id": "H9777EE9A47279DD955D5668AAD27F28", "header": "Application of provisions", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor purposes of this section: (1) The term medicaid recipient means, with respect to a resident of a nursing home, a resident of the home who is provided medical assistance under title XIX of the Social Security Act for nursing home services. (2) The term medicare recipient means, with respect to a resident of a skilled nursing home, a resident who is being provided benefits under part A of title XVIII of the Social Security Act with respect to extended care services in the home. (3) The term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act). (4) The term underserved nursing home means a nursing home in which at least 85 percent of the number of residents of the home are medicaid recipients, not more than 8 percent of such residents are medicare recipients, and not more than 10 percent of such residents are neither medicaid nor medicare recipients.", "id": "H3B927994309444EBBB5C82A1693C3B16", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Funding \n(1) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. (2) Availability \nAmounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.", "id": "H4B22FBD34EB0306335BAFA92544EB20", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Training program for nursing home administrators \n(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Medicare & Medicaid Services, shall provide grants to States to implement nursing home administrator mentor programs described in subsection (b). (b) Mentor program described \nA mentor program described in this subsection is a program to improve the training of nursing home administrators and to strengthen their commitment to serve as leaders in their States. Such a program shall provide for the following: (1) Identification of individuals who are nursing home administrators and have exceptional potential to serve as mentors to other nursing home administrators. (2) Training of such individuals to serve as mentors for other nursing home administrators who are employed in underserved nursing homes (as defined in section 487H(e)(3) of the Public Health Service Act). (c) Applications \nA State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 to carry out this section. (e) Definitions \nFor purposes of this section: (1) Nursing home \nThe term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act ( 42 U.S.C. 1395x(ss)(1) ). (2) Nursing home administrator \nThe term nursing home administrator means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual’s functions and duties are shared with one or more other individuals. (3) State \nThe term State has the meaning given such term for purposes of title XIX of the Social Security Act.", "id": "H9028ECA6578D41D880D3C9F4B24B67AD", "header": "Training program for nursing home administrators", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services, acting through the Director of the Centers for Medicare & Medicaid Services, shall provide grants to States to implement nursing home administrator mentor programs described in subsection (b).", "id": "H9B44DFC7C5F94947B507D81473E6C2AB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mentor program described \nA mentor program described in this subsection is a program to improve the training of nursing home administrators and to strengthen their commitment to serve as leaders in their States. Such a program shall provide for the following: (1) Identification of individuals who are nursing home administrators and have exceptional potential to serve as mentors to other nursing home administrators. (2) Training of such individuals to serve as mentors for other nursing home administrators who are employed in underserved nursing homes (as defined in section 487H(e)(3) of the Public Health Service Act).", "id": "H859A82C285F644EFA57F2DAE71000547", "header": "Mentor program described", "nested": [], "links": [] }, { "text": "(c) Applications \nA State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "H05E254BB7B7E45A29F3783D368DC5C7F", "header": "Applications", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 to carry out this section.", "id": "H99CB2EB3E9F84DDE87E321CB51EB5C98", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section: (1) Nursing home \nThe term nursing home means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in section 1861(ss)(1) of the Social Security Act ( 42 U.S.C. 1395x(ss)(1) ). (2) Nursing home administrator \nThe term nursing home administrator means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual’s functions and duties are shared with one or more other individuals. (3) State \nThe term State has the meaning given such term for purposes of title XIX of the Social Security Act.", "id": "H2217AB0C8B3041DEB07B023376992988", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(ss)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] } ], "links": [ { "text": "42 U.S.C. 1395x(ss)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "4. High family involvement in nursing homes \nThe Director of the Centers for Medicare & Medicaid Services shall provide, in implementing the Nursing Home Quality Initiative, the degree of family involvement (as defined by the Director) among the quality indicators for the evaluation of the quality of nursing homes,.", "id": "H9927371B6B8C4AE48B94ABAE8B71F0E5", "header": "High family involvement in nursing homes", "nested": [], "links": [] }, { "text": "5. Reinstitution of Boren Amendment Medicaid Payment Methodology \n(a) In general \nSection 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended to read as follows: (13) provide for payment of services through the use of rates determined pursuant to the criteria under this paragraph as in effect on August 1, 1997;. (b) Establishment of safe harbor rates \nSection 1902 of such Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following: The Secretary may, by regulation, promulgate standards or methodologies for determining rates that comply with paragraph (13), and a State that pays rates that meet such standards or methodologies is deemed to be in compliance with paragraph (13).. (c) Effective date \nThe amendments made by this section shall apply to services furnished on or after the date that is one year after the date of the enactment of this Act.", "id": "HD02024FB85734F15BEB7CDFEC7D91E12", "header": "Reinstitution of Boren Amendment Medicaid Payment Methodology", "nested": [ { "text": "(a) In general \nSection 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended to read as follows: (13) provide for payment of services through the use of rates determined pursuant to the criteria under this paragraph as in effect on August 1, 1997;.", "id": "H17DF2F9C4F65442C2F067A8C89C86B1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(b) Establishment of safe harbor rates \nSection 1902 of such Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following: The Secretary may, by regulation, promulgate standards or methodologies for determining rates that comply with paragraph (13), and a State that pays rates that meet such standards or methodologies is deemed to be in compliance with paragraph (13)..", "id": "HAF50CDA8444D8A91BBEABB9EFCDA430", "header": "Establishment of safe harbor rates", "nested": [], "links": [ { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to services furnished on or after the date that is one year after the date of the enactment of this Act.", "id": "H660292754F745C3B7D6A7D89EEA2B50", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396a(a)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "6. Increase of Medicaid FMAP \nSection 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following: Notwithstanding the first sentence of this subsection, only for purposes of this title (and not with respect to the determination of the enhanced FMAP) and with respect to calendar quarters beginning after October 1, 2004, in the case of a State in which the Federal medical assistance percentage otherwise determined under the first sentence is less than 60 percent, such percentage shall be increased by 2 percentage points, and in the case of a State in which such percentage is otherwise so determined to be 60 percent or greater, such percentage shall be increased by 1 percentage point..", "id": "H9FD8B958BA03438799DC6BCEA9640078", "header": "Increase of Medicaid FMAP", "nested": [], "links": [ { "text": "42 U.S.C. 1396d(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] } ]

[ "Case mix (Medical care)", "Commerce", "Economics and Public Finance", "Education", "Families", "Family services", "Federal aid to education", "Government Operations and Politics", "Grants-in-aid", "Higher education", "Hospital rates", "Intergovernmental fiscal relations", "Labor and Employment", "Management", "Medicaid", "Medical economics", "Medical education", "Medicare", "Mentoring", "Nurse practitioners", "Nursing education", "Nursing homes", "Physicians' assistants", "Quality of care", "Scholarships", "Social Welfare", "Student loan funds", "Welfare recipients" ]

[ { "text": "1. Short title \nThis Act may be cited as the North Korean Human Rights Act of 2004.", "id": "H358F24C4E59D43C6AA479F36087EF828", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Table of contents Sec. 3. Findings Sec. 4. Purposes Sec. 5. Definitions Title I—Promoting the Human Rights of North Koreans Sec. 101. Sense of congress regarding negotiations with North Korea Sec. 102. Support for human rights and democracy programs Sec. 103. Radio broadcasting to North Korea Sec. 104. Actions to promote freedom of information Sec. 105. United Nations Commission on Human Rights Title II—Assisting North Koreans in Need Sec. 201. Report on United States humanitarian assistance Sec. 202. Assistance provided inside North Korea Sec. 203. Assistance provided outside of North Korea Title III—Protecting North Korean Refugees Sec. 301. United States policy toward refugees and defectors Sec. 302. Eligibility for refugee or asylum consideration Sec. 303. Refugee status Sec. 304. Pursuit of first asylum policy Sec. 305. United Nations High Commissioner for Refugees Sec. 306. Humanitarian parole Sec. 307. North Korean status adjustment Sec. 308. Temporary protected status Sec. 309. Right to accept employment Sec. 310. Annual reports", "id": "H97F4248A83F24B1AB269DF67F99FBE1D", "header": "Table of contents", "nested": [], "links": [] }, { "text": "3. Findings \nCongress makes the following findings: (1) According to the Department of State, the Government of North Korea is a dictatorship under the absolute rule of Kim Jong Il that continues to commit numerous, serious human rights abuses. (2) The Government of North Korea attempts to control all information, artistic expression, academic works, and media activity inside North Korea and strictly curtails freedom of speech and access to foreign broadcasts. (3) The Government of North Korea subjects all its citizens to systematic, intensive political and ideological indoctrination in support of the cult of personality glorifying Kim Jong Il and the late Kim Il Sung that approaches the level of a state religion. (4) The Government of North Korea divides its population into categories, based on perceived loyalty to the leadership, which determines access to employment, higher education, place of residence, medical facilities, and other resources. (5) According to the Department of State, [t]he [North Korean] Penal Code is [d]raconian, stipulating capital punishment and confiscation of assets for a wide variety of ‘crimes against the revolution,’ including defection, attempted defection, slander of the policies of the Party or State, listening to foreign broadcasts, writing ‘reactionary’ letters, and possessing reactionary printed matter. (6) The Government of North Korea executes political prisoners, opponents of the regime, some repatriated defectors, some members of underground churches, and others, sometimes at public meetings attended by workers, students, and schoolchildren. (7) The Government of North Korea holds an estimated 200,000 political prisoners in camps that its State Security Agency manages through the use of forced labor, beatings, torture, and executions, and in which many prisoners also die from disease, starvation, and exposure. (8) According to eyewitness testimony provided to the United States Congress by North Korean camp survivors, camp inmates have been used as sources of slave labor for the production of export goods, as targets for martial arts practice, and as experimental victims in the testing of chemical and biological poisons. (9) According to credible reports, including eyewitness testimony provided to the United States Congress, North Korean Government officials prohibit live births in prison camps, and forced abortion and the killing of newborn babies are standard prison practices. (10) According to the Department of State, [g]enuine religious freedom does not exist in North Korea and, according to the United States Commission on International Religious Freedom, [t]he North Korean state severely represses public and private religious activities with penalties that reportedly include arrest, imprisonment, torture, and sometimes execution. (11) More than 2,000,000 North Koreans are estimated to have died of starvation since the early 1990s because of the failure of the centralized agricultural and public distribution systems operated by the Government of North Korea. (12) According to a 2002 United Nations-European Union survey, nearly one out of every ten children in North Korea suffers from acute malnutrition and four out of every ten children in North Korea are chronically malnourished. (13) Since 1995, the United States has provided more than 2,000,000 tons of humanitarian food assistance to the people of North Korea, primarily through the World Food Program. (14) Although United States food assistance has undoubtedly saved many North Korean lives and there have been minor improvements in transparency relating to the distribution of such assistance in North Korea, the Government of North Korea continues to deny the World Food Program forms of access necessary to properly monitor the delivery of food aid, including the ability to conduct random site visits, the use of native Korean-speaking employees, and travel access throughout North Korea. (15) The risk of starvation, the threat of persecution, and the lack of freedom and opportunity in North Korea have caused many thousands, perhaps even hundreds of thousands, of North Koreans to flee their homeland, primarily into China. (16) North Korean women and girls, particularly those who have fled into China, are at risk of being kidnapped, trafficked, and sexually exploited inside China, where many are sold as brides or concubines, or forced to work as prostitutes. (17) The Governments of China and North Korea have been conducting aggressive campaigns to locate North Koreans who are in China without permission and to forcibly return them to North Korea, where they routinely face torture and imprisonment, and sometimes execution. (18) Despite China's obligations as a party to the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees China routinely classifies North Koreans seeking asylum in China as mere economic migrants and returns them to North Korea without regard to the serious threat of persecution they face upon their return. (19) The Government of China does not provide North Koreans whose asylum requests are rejected a right to have the rejection reviewed prior to deportation despite the recommendations of the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees that such a right be granted. (20) North Koreans who seek asylum while in China are routinely imprisoned and tortured, and in some cases killed, after they are returned to North Korea. (21) The Government of China has detained, convicted, and imprisoned foreign aid workers attempting to assist North Korean refugees, including the Reverend Choi Bong Il and Mr. Kim Hee Tae, in proceedings that did not comply with Chinese law or international standards. (22) In January 2000, North Korean agents inside China allegedly abducted the Reverend Kim Dong-shik, a United States permanent resident and advocate for North Korean refugees, whose condition and whereabouts remain unknown. (23) Between 1994 and 2003, South Korea has admitted approximately 3,800 North Korean refugees for domestic resettlement, a number small in comparison with the total number of North Korean escapees, but far greater than the number legally admitted by any other country. (24) Although the principal responsibility for North Korean refugee resettlement naturally falls to the Government of South Korea, the United States should play a leadership role in focusing international attention on the plight of these refugees, formulating international solutions to that profound humanitarian dilemma, and making prudent arrangements to accept a credible number of refugees for domestic resettlement. (25) In addition to infringing the rights of its own citizens, the Government of North Korea has been responsible in years past for the abduction of numerous citizens of South Korea and Japan, whose condition and whereabouts remain unknown.", "id": "H9CF0F25A03334D4384C4334FF89EC200", "header": "Findings", "nested": [], "links": [] }, { "text": "4. Purposes \nThe purposes of this Act are— (1) to promote respect for and protection of fundamental human rights in North Korea; (2) to promote a more durable humanitarian solution to the plight of North Korean refugees; (3) to promote increased monitoring, access, and transparency in the provision of humanitarian assistance inside North Korea; (4) to promote the free flow of information into and out of North Korea; and (4) to promote progress toward the peaceful reunification of the Korean peninsula under a democratic system of government.", "id": "HFCD1D49D28AF4920A178236C76DFB6AA", "header": "Purposes", "nested": [], "links": [] }, { "text": "5. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on International Relations of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) China \nThe term China means the People’s Republic of China. (3) Humanitarian assistance \nThe term humanitarian assistance means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter. (4) North korea \nThe term North Korea means the Democratic People’s Republic of Korea. (5) North koreans \nThe term North Koreans means persons who are citizens or nationals of North Korea. (6) South korea \nThe term South Korea means the Republic of Korea.", "id": "H516EA8C7FE9847BAA454866D62D781DA", "header": "Definitions", "nested": [], "links": [] }, { "text": "101. Sense of congress regarding negotiations with North Korea \nIt is the sense of Congress that the human rights of North Koreans should remain a key concern in future negotiations between the United States, North Korea, and other concerned parties in Northeast Asia.", "id": "HB18E40DFA4E34FC9B470D1254F14928D", "header": "Sense of congress regarding negotiations with North Korea", "nested": [], "links": [] }, { "text": "102. Support for human rights and democracy programs \n(a) Support \nThe President is authorized to provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, rule of law, and the development of a market economy in North Korea. (b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.", "id": "H63E7208E3EC64D1297F091510A84809", "header": "Support for human rights and democracy programs", "nested": [ { "text": "(a) Support \nThe President is authorized to provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, rule of law, and the development of a market economy in North Korea.", "id": "H6F6AB11299CE4B5200A7CA5432442448", "header": "Support", "nested": [], "links": [] }, { "text": "(b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.", "id": "H63F7AA752BC441D69B34B191C668FE94", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Radio broadcasting to North Korea \n(a) Sense of congress \nIt is the sense of Congress that the United States should facilitate the unhindered dissemination of information in North Korea by increasing its support for radio broadcasting to North Korea, and that the Broadcasting Board of Governors should increase broadcasts to North Korea from current levels, with a goal of providing 12-hour-per-day broadcasting to North Korea, including broadcasts by Radio Free Asia and Voice of America. (b) Report \nNot later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that— (1) describes the status of current United States broadcasting to North Korea; and (2) outlines a plan for increasing such broadcasts to 12 hours per day, including a detailed description of the technical and fiscal requirements necessary to implement the plan.", "id": "HC3DCCF78DFE44BDFA1633D3F68AA49C0", "header": "Radio broadcasting to North Korea", "nested": [ { "text": "(a) Sense of congress \nIt is the sense of Congress that the United States should facilitate the unhindered dissemination of information in North Korea by increasing its support for radio broadcasting to North Korea, and that the Broadcasting Board of Governors should increase broadcasts to North Korea from current levels, with a goal of providing 12-hour-per-day broadcasting to North Korea, including broadcasts by Radio Free Asia and Voice of America.", "id": "H193CAE00647742C4B7E88291AFF7F367", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 120 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that— (1) describes the status of current United States broadcasting to North Korea; and (2) outlines a plan for increasing such broadcasts to 12 hours per day, including a detailed description of the technical and fiscal requirements necessary to implement the plan.", "id": "H5C1A3CC620894FBD998CFEB5F32B59DE", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Actions to promote freedom of information \n(a) Actions \nThe President is authorized to take such actions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of information not controlled by the Government of North Korea, including sources such as radios capable of receiving broadcasting from outside North Korea. (b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out subsection (a). (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c) Report \nNot later than 1 year after the date of the enactment of this Act, and in each of the 3 years thereafter, the Secretary of State, after consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report, in classified form, on actions taken pursuant to this section.", "id": "HA119B53A8CE3468E928D6CB37B89600", "header": "Actions to promote freedom of information", "nested": [ { "text": "(a) Actions \nThe President is authorized to take such actions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of information not controlled by the Government of North Korea, including sources such as radios capable of receiving broadcasting from outside North Korea.", "id": "H5AF8450AB9624ED78B41319D25F7A9A9", "header": "Actions", "nested": [], "links": [] }, { "text": "(b) Authorization of Appropriations \n(1) In general \nThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 to carry out subsection (a). (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.", "id": "H6F9D2FD7D83F4624B4A619CF458489F9", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 1 year after the date of the enactment of this Act, and in each of the 3 years thereafter, the Secretary of State, after consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report, in classified form, on actions taken pursuant to this section.", "id": "HF4A54CAEF96C4E8CA9D152BC4EA00E9", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "105. United Nations Commission on Human Rights \nIt is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in North Korea, that the adoption by the United Nations Commission on Human Rights of Resolution 2003/10 on the situation of human rights in North Korea was a positive step, and that the severe human rights violations within North Korea warrant— (1) an additional country-specific resolution by the United Nations Commission on Human Rights that includes the language necessary to authorize the appointment of a Special Rapporteur of the United Nations Commission on Human Rights on the situation of human rights in North Korea; and (2) country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Right to Food, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women.", "id": "H55FF652936AD4CF9A73DE18010342385", "header": "United Nations Commission on Human Rights", "nested": [], "links": [] }, { "text": "201. Report on United States humanitarian assistance \n(a) Report \nNot later than 180 days after the date of the enactment of this Act, and in each of the 2 years thereafter, the Administrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the appropriate congressional committees a report that describes— (1) all activities to provide humanitarian assistance inside North Korea, and to North Koreans outside of North Korea, that receive United States funding; (2) any improvements in humanitarian transparency, monitoring, and access inside North Korea during the previous 1-year period, including progress toward meeting the conditions identified in paragraphs (1) through (4) of section 202(b); and (3) specific efforts to secure improved humanitarian transparency, monitoring, and access inside North Korea made by the United States and United States grantees, including the World Food Program, during the previous 1-year period. (b) Form \nThe information required by subsection (a)(1) may be provided in classified form if necessary.", "id": "HF48A588C5AC4484FBA7E4F076BB5A695", "header": "Report on United States humanitarian assistance", "nested": [ { "text": "(a) Report \nNot later than 180 days after the date of the enactment of this Act, and in each of the 2 years thereafter, the Administrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the appropriate congressional committees a report that describes— (1) all activities to provide humanitarian assistance inside North Korea, and to North Koreans outside of North Korea, that receive United States funding; (2) any improvements in humanitarian transparency, monitoring, and access inside North Korea during the previous 1-year period, including progress toward meeting the conditions identified in paragraphs (1) through (4) of section 202(b); and (3) specific efforts to secure improved humanitarian transparency, monitoring, and access inside North Korea made by the United States and United States grantees, including the World Food Program, during the previous 1-year period.", "id": "H93A5850BAB2443F88EF61CCDEED9FFF6", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Form \nThe information required by subsection (a)(1) may be provided in classified form if necessary.", "id": "H2F2166E465B74046A3284B9BBA37FB00", "header": "Form", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Assistance provided inside North Korea \n(a) Humanitarian assistance through nongovernmental organizations \n(1) Assistance \nThe President is authorized to provide assistance, including in the form of grants, to the World Food Program and to United States nongovernmental organizations for the purpose of providing humanitarian assistance to North Koreans inside North Korea. (2) Sense of congress \nIt is the sense of Congress that significant increases above current levels of United States support for humanitarian assistance provided inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea, and that significant improvements in those areas therefore would be required to justify appropriation and obligation of the full amounts authorized to be appropriated by this subsection. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the President not less than $100,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection. (B) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (b) Humanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide humanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has taken steps to ensure that— (1) such assistance is delivered, distributed, and monitored according to internationally recognized humanitarian standards; (2) such assistance is provided on a needs basis, and is not used as a political reward or tool of coercion; (3) such assistance reaches the intended beneficiaries, who are informed of the source of the assistance; and (4) humanitarian access to all vulnerable groups in North Korea is allowed, no matter where in the country they may be located. (c) Nonhumanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide nonhumanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has made substantial progress toward— (1) respecting and protecting basic human rights, including freedom of religion, of the people of North Korea; (2) providing for significant family reunification between North Koreans and their descendants and relatives in the United States; (3) fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea; (4) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees original home countries; (5) significantly reforming its prison and labor camp system, and subjecting such reforms to independent international monitoring; and (6) decriminalizing political expression and activity. (d) Waiver \nThe President may waive the prohibition contained in subsection (b) or (c) if the President determines that it is in the national security interest of the United States to do so. Prior to exercising the waiver authority contained in the preceding sentence, the President shall transmit to the appropriate congressional committees a report that contains the determination of the President pursuant to the preceding sentence and a description of the assistance to be provided.", "id": "H8A7DBE411C8A4B73B1BD004D147963B1", "header": "Assistance provided inside North Korea", "nested": [ { "text": "(a) Humanitarian assistance through nongovernmental organizations \n(1) Assistance \nThe President is authorized to provide assistance, including in the form of grants, to the World Food Program and to United States nongovernmental organizations for the purpose of providing humanitarian assistance to North Koreans inside North Korea. (2) Sense of congress \nIt is the sense of Congress that significant increases above current levels of United States support for humanitarian assistance provided inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea, and that significant improvements in those areas therefore would be required to justify appropriation and obligation of the full amounts authorized to be appropriated by this subsection. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated to the President not less than $100,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection. (B) Availability \nAmounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.", "id": "HEA005DCB9E4E4C0EA99666AFF80032D4", "header": "Humanitarian assistance through nongovernmental organizations", "nested": [], "links": [] }, { "text": "(b) Humanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide humanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has taken steps to ensure that— (1) such assistance is delivered, distributed, and monitored according to internationally recognized humanitarian standards; (2) such assistance is provided on a needs basis, and is not used as a political reward or tool of coercion; (3) such assistance reaches the intended beneficiaries, who are informed of the source of the assistance; and (4) humanitarian access to all vulnerable groups in North Korea is allowed, no matter where in the country they may be located.", "id": "H066316494A6B41F8A9BEEC6271EB5C9", "header": "Humanitarian assistance to the government of North Korea", "nested": [], "links": [] }, { "text": "(c) Nonhumanitarian assistance to the government of North Korea \nNo department, agency, or entity of the United States Government may provide nonhumanitarian assistance to any department, agency, or entity of the Government of North Korea unless such United States Government department, agency, or entity certifies in writing to the appropriate congressional committees that the Government of North Korea has made substantial progress toward— (1) respecting and protecting basic human rights, including freedom of religion, of the people of North Korea; (2) providing for significant family reunification between North Koreans and their descendants and relatives in the United States; (3) fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea; (4) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees original home countries; (5) significantly reforming its prison and labor camp system, and subjecting such reforms to independent international monitoring; and (6) decriminalizing political expression and activity.", "id": "H1AA7C32E76E548458EC01DA68FEEC8D3", "header": "Nonhumanitarian assistance to the government of North Korea", "nested": [], "links": [] }, { "text": "(d) Waiver \nThe President may waive the prohibition contained in subsection (b) or (c) if the President determines that it is in the national security interest of the United States to do so. Prior to exercising the waiver authority contained in the preceding sentence, the President shall transmit to the appropriate congressional committees a report that contains the determination of the President pursuant to the preceding sentence and a description of the assistance to be provided.", "id": "HB17A70BA07D245D7A83091CB3CD4DBBA", "header": "Waiver", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Assistance provided outside of North Korea \n(a) Assistance \nThe President is authorized to provide assistance to support organizations or persons that provide humanitarian assistance or legal assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea. (b) Types of Assistance \nAssistance provided under subsection (a) should be used to provide— (1) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; (2) legal assistance to North Koreans who are seeking to apply for refugee status, asylum, parole, or other similar forms of protection and resettlement; and (3) humanitarian assistance and legal assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 103(14) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(14) ), or are in danger of being trafficked. (c) Authorization of Appropriations \n(1) In general \nIn addition to funds otherwise available for such purposes, there are authorized to be appropriated to the President $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to subsection (a) are authorized to remain available until expended.", "id": "HDDB746A484EE458CBEBCB7A6568738DE", "header": "Assistance provided outside of North Korea", "nested": [ { "text": "(a) Assistance \nThe President is authorized to provide assistance to support organizations or persons that provide humanitarian assistance or legal assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea.", "id": "H237B3DAF4C4F48CF9434FF516BB0F57E", "header": "Assistance", "nested": [], "links": [] }, { "text": "(b) Types of Assistance \nAssistance provided under subsection (a) should be used to provide— (1) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; (2) legal assistance to North Koreans who are seeking to apply for refugee status, asylum, parole, or other similar forms of protection and resettlement; and (3) humanitarian assistance and legal assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 103(14) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(14) ), or are in danger of being trafficked.", "id": "H68648E301A904EC08CCFC60734E43649", "header": "Types of Assistance", "nested": [], "links": [ { "text": "22 U.S.C. 7102(14)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "(c) Authorization of Appropriations \n(1) In general \nIn addition to funds otherwise available for such purposes, there are authorized to be appropriated to the President $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Availability \nAmounts appropriated pursuant to subsection (a) are authorized to remain available until expended.", "id": "H0FDE3A4A0B1E43EB8B4EB333F7711DA5", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 7102(14)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "301. United States policy toward refugees and defectors \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of Central Intelligence, and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report in unclassified form that describes the situation of North Korean refugees and explains United States Government policy toward North Korean refugees and defectors. (b) Contents \nThe report shall include— (1) information on North Koreans currently outside of North Korea without permission (including refugees, defectors, and migrants), such as their estimated numbers and the countries and regions in which they are currently residing; (2) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face when forcibly returned to North Korea; (3) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention; (4) an assessment of whether North Koreans presently have effective access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States; (5) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past five years; and (6) an estimate of the number of North Koreans with family connections to United States citizens.", "id": "HA804D523AFD14B08A5333D58C7BE9D7", "header": "United States policy toward refugees and defectors", "nested": [ { "text": "(a) Report \nNot later than 120 days after the date of the enactment of this Act, the Secretary of State, in cooperation with the Secretary of Homeland Security, the Director of Central Intelligence, and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report in unclassified form that describes the situation of North Korean refugees and explains United States Government policy toward North Korean refugees and defectors.", "id": "HA115908E0FA04F2B9433A19C2EC54DDF", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report shall include— (1) information on North Koreans currently outside of North Korea without permission (including refugees, defectors, and migrants), such as their estimated numbers and the countries and regions in which they are currently residing; (2) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face when forcibly returned to North Korea; (3) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention; (4) an assessment of whether North Koreans presently have effective access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States; (5) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past five years; and (6) an estimate of the number of North Koreans with family connections to United States citizens.", "id": "H2235074C1C7C45F8BF556D1746C14758", "header": "Contents", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Eligibility for refugee or asylum consideration \n(a) Purpose \nThe purpose of this section is to ensure that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea. (b) Treatment of nationals of north korea \nFor purposes of eligibility for refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), or for asylum under section 208 of such Act ( 8 U.S.C. 1158 ), a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.", "id": "HD56EF74B9DD34D60877642651636A8FD", "header": "Eligibility for refugee or asylum consideration", "nested": [ { "text": "(a) Purpose \nThe purpose of this section is to ensure that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea.", "id": "HDB2AF0D093534EDF92771B4188676022", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Treatment of nationals of north korea \nFor purposes of eligibility for refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), or for asylum under section 208 of such Act ( 8 U.S.C. 1158 ), a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.", "id": "HD8C543E1E1BA4250B0045C21A1DB2D05", "header": "Treatment of nationals of north korea", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] } ], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] }, { "text": "303. Refugee status \nThe Secretary of State shall designate natives or citizens of North Korea who apply for refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), and who are former political prisoners, members of persecuted religious groups, forced-labor conscripts, victims of debilitating malnutrition, persons deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from their perceived or actual political or religious beliefs or activities, or others who appear to have a credible claim of other persecution, as a Priority 2 group of special concern for purposes of refugee resettlement.", "id": "HD81CBBC8D0394955877EB0AE6885008F", "header": "Refugee status", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "304. Pursuit of first asylum policy \nIt is the sense of Congress that the United States should pursue an international agreement to adopt an effective first asylum policy, modeled on the first asylum policy for Vietnamese refugees, that guarantees safe haven and assistance to North Korean refugees, until such time as conditions in North Korea allow for their return.", "id": "H97F1E9CAAA164880915F2763E0DA29C", "header": "Pursuit of first asylum policy", "nested": [], "links": [] }, { "text": "305. United Nations High Commissioner for Refugees \n(a) Actions in China \nIt is the sense of Congress that— (1) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the UNHCR Mission Agreement ); (2) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance work among displaced North Koreans in China; (3) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China; and (4) should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence. (b) Arbitration Proceedings \nIt is further the sense of Congress that— (1) if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and (2) because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.", "id": "H19711E0336384B8B00C895CCFCF241D2", "header": "United Nations High Commissioner for Refugees", "nested": [ { "text": "(a) Actions in China \nIt is the sense of Congress that— (1) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the UNHCR Mission Agreement ); (2) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance work among displaced North Koreans in China; (3) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China; and (4) should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence.", "id": "HEC675509CF624A89937D30F2EF0088DC", "header": "Actions in China", "nested": [], "links": [] }, { "text": "(b) Arbitration Proceedings \nIt is further the sense of Congress that— (1) if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and (2) because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.", "id": "HA386EFEEA39B414B81D067B3E90A5E2", "header": "Arbitration Proceedings", "nested": [], "links": [] } ], "links": [] }, { "text": "306. Humanitarian parole \n(a) Prerequisites for eligibility \nBecause North Korean refugees do not enjoy regular, unimpeded, and effective access to the United States refugee program— (1) for purposes of section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ), the parole of any alien who is a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be of significant public benefit; and (2) for purposes of section 212(d)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(B) ), the parole of any alien who is a refugee and a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be for compelling reasons in the public interest with respect to that particular alien. (b) Definition \nFor purposes of this subsection, a victim of North Korean Government malfeasance is a former political prisoner, a member of a persecuted religious group, a forced-labor conscript, a victim of debilitating malnutrition, a person deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from his perceived or actual political or religious beliefs or activities, or a person who appears to have a credible claim of other persecution by the Government of North Korea. (c) Discretion \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from establishing conditions for parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or from denying parole to such aliens who are otherwise ineligible for parole. (d) Length of parole \n(1) In general \nNotwithstanding section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), if parole is granted to an alien who is a native or citizen of North Korea pursuant to subsection (a), the parole shall be effective until the final resolution of any application for adjustment of status made pursuant to section 204 of this Act. (2) Denial of adjustment of status \nIf an application for adjustment of status made pursuant to section 204 is denied, the Secretary of Homeland Security may, in the discretion of the Secretary, parole the alien described in paragraph (1) pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (3) Extension of parole period \nIf no application for adjustment of status is made pursuant to section 204 within 18 months after parole is granted to an alien described in paragraph (1), the Secretary of Homeland Security may, in the discretion of the Secretary, extend the parole period temporarily under conditions that the Secretary prescribes. (4) No grant of parole \nIf parole is not granted to an alien described in paragraph (2), the alien shall be treated pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) as if the purposes of the alien’s parole have been served. (5) Termination of parole \nNotwithstanding any other provision of this section, the parole period of an alien described in paragraph (1) shall terminate when the Secretary of State determines that— (A) the human rights record of North Korea, according to the Country Report on Human Rights Practices issued by the Department of State, Bureau of Democracy, Human Rights, and Labor, is satisfactory; and (B) North Korea is no longer on the list of nations designated as State sponsors of terrorism by the Secretary of State. (e) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien paroled into the United States under this section for— (1) conduct committed after the parole of the alien into the United States; or (2) conduct or a condition that was not disclosed to the Secretary prior to the parole of the alien into the United States.", "id": "HA4A807E12BDD40D99452C0C46770F663", "header": "Humanitarian parole", "nested": [ { "text": "(a) Prerequisites for eligibility \nBecause North Korean refugees do not enjoy regular, unimpeded, and effective access to the United States refugee program— (1) for purposes of section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) ), the parole of any alien who is a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be of significant public benefit; and (2) for purposes of section 212(d)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(B) ), the parole of any alien who is a refugee and a native or citizen of North Korea seeking to enter the United States, and who is a victim of North Korean Government malfeasance, shall be considered to be for compelling reasons in the public interest with respect to that particular alien.", "id": "H3F141CE20C3243B0B9486D00FF317ED0", "header": "Prerequisites for eligibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182(d)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Definition \nFor purposes of this subsection, a victim of North Korean Government malfeasance is a former political prisoner, a member of a persecuted religious group, a forced-labor conscript, a victim of debilitating malnutrition, a person deprived of professional credentials or subjected to other disproportionately harsh or discriminatory treatment resulting from his perceived or actual political or religious beliefs or activities, or a person who appears to have a credible claim of other persecution by the Government of North Korea.", "id": "H41B54BCC576D4939AD1F9DF30600A2EE", "header": "Definition", "nested": [], "links": [] }, { "text": "(c) Discretion \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from establishing conditions for parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or from denying parole to such aliens who are otherwise ineligible for parole.", "id": "H1E36BF2766FC43CFB00790101F0929BC", "header": "Discretion", "nested": [], "links": [ { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(d) Length of parole \n(1) In general \nNotwithstanding section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), if parole is granted to an alien who is a native or citizen of North Korea pursuant to subsection (a), the parole shall be effective until the final resolution of any application for adjustment of status made pursuant to section 204 of this Act. (2) Denial of adjustment of status \nIf an application for adjustment of status made pursuant to section 204 is denied, the Secretary of Homeland Security may, in the discretion of the Secretary, parole the alien described in paragraph (1) pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (3) Extension of parole period \nIf no application for adjustment of status is made pursuant to section 204 within 18 months after parole is granted to an alien described in paragraph (1), the Secretary of Homeland Security may, in the discretion of the Secretary, extend the parole period temporarily under conditions that the Secretary prescribes. (4) No grant of parole \nIf parole is not granted to an alien described in paragraph (2), the alien shall be treated pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) as if the purposes of the alien’s parole have been served. (5) Termination of parole \nNotwithstanding any other provision of this section, the parole period of an alien described in paragraph (1) shall terminate when the Secretary of State determines that— (A) the human rights record of North Korea, according to the Country Report on Human Rights Practices issued by the Department of State, Bureau of Democracy, Human Rights, and Labor, is satisfactory; and (B) North Korea is no longer on the list of nations designated as State sponsors of terrorism by the Secretary of State.", "id": "H2E7A00D81B5B4DB0A7219E3D9389951F", "header": "Length of parole", "nested": [], "links": [ { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(e) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien paroled into the United States under this section for— (1) conduct committed after the parole of the alien into the United States; or (2) conduct or a condition that was not disclosed to the Secretary prior to the parole of the alien into the United States.", "id": "H6CDFC04891864D709C7CA80800F6D8E9", "header": "Subsequent removal proceedings", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1182(d)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "307. North Korean status adjustment \n(a) Status adjustment \nNotwithstanding section 245(c) of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) ), the status of any alien who is a native or citizen of North Korea, has been inspected and admitted or paroled into the United States subsequent to July 1, 2003, and has been physically present in the United States for at least 1 year, may be adjusted by the Secretary of Homeland Security, in the discretion of the Secretary and under such regulations as the Secretary may prescribe, to that of an alien lawfully admitted for permanent residence if— (1) the alien makes an application for such adjustment within 18 months after parole is granted; (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) the Secretary of Homeland Security determines that the alien has complied with the requirements of subsection (b). (b) Required cooperation with the United States government \nThe requirements of this subsection shall be satisfied if— (1) the Secretary of Homeland Security determines that— (A) the alien is in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials, and the alien has cooperated or is currently cooperating, fully and in good faith, with appropriate persons within the United States Government regarding such information; or (B) the alien is not in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials; and (2) the Secretary of Homeland Security determines that the alien— (A) did not enter the United States in a then-current capacity as an agent, representative, or official of the Government of North Korea, or for any purpose contrary to the purposes of this Act or for any unlawful purpose; (B) is not, since entering the United States or at the time during which the application for adjustment of status is filed or in process, an agent, representative, or official of the Government of North Korea, or during such period acting for any purpose contrary to the purposes of this Act or for any unlawful purpose; and (C) in the judgment of the Secretary of Homeland Security, is not likely to become an agent, representative, or official of the Government of North Korea, or act for any purpose contrary to the purposes of this Act or for any unlawful purpose. (c) Effect on Immigration and Nationality Act \n(1) Definitions \nThe definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) shall apply to this section. (2) Applicability \nNothing in this section shall be construed to repeal or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or any other Federal law relating to immigration, nationality, or naturalization. (d) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien whose status was adjusted under subsection (a) for— (1) conduct committed after such adjustment of status; or (2) conduct or a condition that was not disclosed to the Secretary prior to such adjustment of status.", "id": "H18EB41C5CDC1435992F2B3178933BAD5", "header": "North Korean status adjustment", "nested": [ { "text": "(a) Status adjustment \nNotwithstanding section 245(c) of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) ), the status of any alien who is a native or citizen of North Korea, has been inspected and admitted or paroled into the United States subsequent to July 1, 2003, and has been physically present in the United States for at least 1 year, may be adjusted by the Secretary of Homeland Security, in the discretion of the Secretary and under such regulations as the Secretary may prescribe, to that of an alien lawfully admitted for permanent residence if— (1) the alien makes an application for such adjustment within 18 months after parole is granted; (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (3) the Secretary of Homeland Security determines that the alien has complied with the requirements of subsection (b).", "id": "HB3EE5155E3D442D387DAEBCC31ACFA75", "header": "Status adjustment", "nested": [], "links": [ { "text": "8 U.S.C. 1255(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(b) Required cooperation with the United States government \nThe requirements of this subsection shall be satisfied if— (1) the Secretary of Homeland Security determines that— (A) the alien is in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials, and the alien has cooperated or is currently cooperating, fully and in good faith, with appropriate persons within the United States Government regarding such information; or (B) the alien is not in possession of critical reliable information concerning the activities of the Government of North Korea or its agents, representatives, or officials; and (2) the Secretary of Homeland Security determines that the alien— (A) did not enter the United States in a then-current capacity as an agent, representative, or official of the Government of North Korea, or for any purpose contrary to the purposes of this Act or for any unlawful purpose; (B) is not, since entering the United States or at the time during which the application for adjustment of status is filed or in process, an agent, representative, or official of the Government of North Korea, or during such period acting for any purpose contrary to the purposes of this Act or for any unlawful purpose; and (C) in the judgment of the Secretary of Homeland Security, is not likely to become an agent, representative, or official of the Government of North Korea, or act for any purpose contrary to the purposes of this Act or for any unlawful purpose.", "id": "H538470961F71441E002300D3E3CA5873", "header": "Required cooperation with the United States government", "nested": [], "links": [] }, { "text": "(c) Effect on Immigration and Nationality Act \n(1) Definitions \nThe definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) shall apply to this section. (2) Applicability \nNothing in this section shall be construed to repeal or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or any other Federal law relating to immigration, nationality, or naturalization.", "id": "H57F2D7AA247C41F197026F5E5EDB69F9", "header": "Effect on Immigration and Nationality Act", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(d) Subsequent removal proceedings \nNothing in this section shall be construed to prohibit the Secretary of Homeland Security from instituting removal proceedings against an alien whose status was adjusted under subsection (a) for— (1) conduct committed after such adjustment of status; or (2) conduct or a condition that was not disclosed to the Secretary prior to such adjustment of status.", "id": "H284EBFCFBD2E492B82751568D04ECC1D", "header": "Subsequent removal proceedings", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1255(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "308. Temporary protected status \n(a) Extraordinary and temporary conditions considered to exist \n(1) In general \nFor purposes of section 244(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(1)(C) ), extraordinary and temporary conditions shall be considered to exist in North Korea that prevent aliens who are natives or citizens of North Korea from returning to North Korea in safety. (2) Termination of protected status \nThe extraordinary and temporary conditions referred to in paragraph (1) shall be considered to exist until the Secretary of Homeland Security determines that— (A) the human rights and trafficking records of North Korea, according to the Country Report on Human Rights Practices issued by the United States Department of State, Bureau of Democracy, Human Rights, and Labor, and the country report on trafficking issued by the Trafficking in Persons Office of the Department of State, are satisfactory; and (B) North Korea is no longer on the list of nations designated as state sponsors of terrorism by the United States Department of State. (b) Sense of congress \nIt is the sense of Congress that the United States should use its diplomatic means to promote the institution of measures similar to humanitarian parole or the form of temporary protected status granted under subsection (a), in countries that neighbor North Korea.", "id": "H5EDC3C50C6A5483C9D3402A089DBF44B", "header": "Temporary protected status", "nested": [ { "text": "(a) Extraordinary and temporary conditions considered to exist \n(1) In general \nFor purposes of section 244(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(1)(C) ), extraordinary and temporary conditions shall be considered to exist in North Korea that prevent aliens who are natives or citizens of North Korea from returning to North Korea in safety. (2) Termination of protected status \nThe extraordinary and temporary conditions referred to in paragraph (1) shall be considered to exist until the Secretary of Homeland Security determines that— (A) the human rights and trafficking records of North Korea, according to the Country Report on Human Rights Practices issued by the United States Department of State, Bureau of Democracy, Human Rights, and Labor, and the country report on trafficking issued by the Trafficking in Persons Office of the Department of State, are satisfactory; and (B) North Korea is no longer on the list of nations designated as state sponsors of terrorism by the United States Department of State.", "id": "H46C2C328FF124F1DA11406D55300E2AA", "header": "Extraordinary and temporary conditions considered to exist", "nested": [], "links": [ { "text": "8 U.S.C. 1254a(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that the United States should use its diplomatic means to promote the institution of measures similar to humanitarian parole or the form of temporary protected status granted under subsection (a), in countries that neighbor North Korea.", "id": "H90AC23775E3D4029B6A3A14D43D7543B", "header": "Sense of congress", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1254a(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "309. Right to accept employment \nSection 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended— (1) by striking Attorney General and inserting Secretary of Homeland Security ; and (2) by adding at the end the following: In the case of an applicant who is a citizen or native of North Korea, the Secretary of Homeland Security shall issue regulations under which such applicant shall be entitled to employment authorization, and such applicant shall not be subject to the 180-day limitation described in the previous sentence..", "id": "H04BC7CE31E5B4CA9B1CFF78F1E6F6F3C", "header": "Right to accept employment", "nested": [], "links": [ { "text": "8 U.S.C. 1158(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] }, { "text": "310. Annual reports \n(a) Immigration information \nNot later than 1 year after the date of the enactment of this Act, and every 12 months thereafter for each of the following 5 years, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees on the operation of this title during the previous year, which shall include— (1) the number of aliens who are natives or citizens of North Korea and have been granted humanitarian parole under section 306, and the immigration status of such aliens before being granted humanitarian parole; (2) the number of aliens who are natives or citizens of North Korea and have been granted an adjustment of status under section 307, and the immigration status of such aliens before being granted adjustment of status; (3) the number of aliens who are natives or citizens of North Korea who were granted political asylum; (4) the number of aliens who are natives or citizens of North Korea who were granted temporary protected status under section 308; and (5) the number of aliens who are natives or citizens of North Korea who applied for refugee status and the number who were granted refugee status. (b) Countries of particular concern \nThe President shall include in each annual report on proposed refugee admission pursuant to section 207(d) of the Immigration and Nationality Act ( 8 U.S.C. 1157(d) ), information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern, as defined by the Secretary of Homeland Security, for violations of religious freedom pursuant to section 402(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b) ). The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of— (1) referrals by external agencies to a refugee adjudication; (2) groups deemed to be of special humanitarian concern to the United States for purposes of refugee resettlement; and (3) family links to the United States.", "id": "H0151445EB3BD490C8CB62C82C1CEE17D", "header": "Annual reports", "nested": [ { "text": "(a) Immigration information \nNot later than 1 year after the date of the enactment of this Act, and every 12 months thereafter for each of the following 5 years, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees on the operation of this title during the previous year, which shall include— (1) the number of aliens who are natives or citizens of North Korea and have been granted humanitarian parole under section 306, and the immigration status of such aliens before being granted humanitarian parole; (2) the number of aliens who are natives or citizens of North Korea and have been granted an adjustment of status under section 307, and the immigration status of such aliens before being granted adjustment of status; (3) the number of aliens who are natives or citizens of North Korea who were granted political asylum; (4) the number of aliens who are natives or citizens of North Korea who were granted temporary protected status under section 308; and (5) the number of aliens who are natives or citizens of North Korea who applied for refugee status and the number who were granted refugee status.", "id": "HEE4BEF430F504F4C89D7A8644ED6ED39", "header": "Immigration information", "nested": [], "links": [] }, { "text": "(b) Countries of particular concern \nThe President shall include in each annual report on proposed refugee admission pursuant to section 207(d) of the Immigration and Nationality Act ( 8 U.S.C. 1157(d) ), information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern, as defined by the Secretary of Homeland Security, for violations of religious freedom pursuant to section 402(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b) ). The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of— (1) referrals by external agencies to a refugee adjudication; (2) groups deemed to be of special humanitarian concern to the United States for purposes of refugee resettlement; and (3) family links to the United States.", "id": "HBF6DE84E47604ADB984548CDF6C100E1", "header": "Countries of particular concern", "nested": [], "links": [ { "text": "8 U.S.C. 1157(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "22 U.S.C. 6442(b)", "legal-doc": "usc", "parsable-cite": "usc/22/6442" } ] } ], "links": [ { "text": "8 U.S.C. 1157(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "22 U.S.C. 6442(b)", "legal-doc": "usc", "parsable-cite": "usc/22/6442" } ] } ]

[ "Admission of nonimmigrants", "Agriculture and Food", "Alien labor", "Aliens", "Armed Forces and National Security", "Arts, Culture, Religion", "Capital punishment", "China", "Citizenship", "Civil Rights and Liberties, Minority Issues", "Classified defense information", "Commerce", "Concentration camps", "Congress", "Congress and foreign policy", "Congressional oversight", "Congressional reporting requirements", "Crime and Law Enforcement", "Crimes against women", "Cultural relations", "Defectors", "Democracy", "Detention of persons", "Diplomacy", "Diplomats", "Dissenters", "East Asia", "Economic assistance", "Economics and Public Finance", "Education", "Educational exchanges", "Families", "Food as a weapon", "Food relief", "Forced labor", "Foreign agents", "Free enterprise", "Freedom of speech", "Government Operations and Politics", "Human rights", "Immigrants", "Immigration", "Informers", "International agencies", "International arbitration", "International broadcasting", "International relief", "Japan", "Kidnapping", "Labor and Employment", "Law", "Legal aid", "Legal services", "Malnutrition", "Missing persons", "Negotiations", "Nongovernmental organizations", "Nonprofit organizations", "North Korea", "Orphans", "Political persecution", "Political prisoners", "President and foreign policy", "Prostitution", "Radio broadcasting", "Refugees", "Religion", "Religious liberty", "Repatriation", "Residence requirements", "Right of asylum", "Rule of law", "Science, Technology, Communications", "Slavery", "Smuggling", "Social Welfare", "South Korea", "State-sponsored terrorism", "Treaties", "United Nations", "Visas", "Women", "Women's rights" ]

[ { "text": "1. Designation of Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse \nThe annex to the E. Barrett Prettyman Federal Building and United States Courthouse located at 333 Constitution Ave. Northwest in Washington, District of Columbia, shall be known and designated as the Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse.", "id": "HB48A3E77352B46B5B7E5D35BAF51FCD4", "header": "Designation of Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the annex to the Federal building and United States Courthouse referred to in section 1 shall be deemed to be a reference to the Judge William B. Bryant Annex to the E. Barrett Prettyman Federal Building and United States Courthouse.", "id": "H5C7F0912BEA04A89B77E886017AB538D", "header": "References", "nested": [], "links": [] } ]

[ "Congress", "Congressional tributes", "Courthouses", "District of Columbia", "Federal office buildings", "Judges", "Law", "Names" ]

[ { "text": "1. Short title \nThis Act may be cited as the Weapons of Mass Destruction Prohibition Improvement Act of 2004.", "id": "H7A3ED559A5274E8FBF07324C535D06D7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Weapons of mass destruction \n(a) Expansion of jurisdictional bases and scope \nSection 2332a of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) (A) against any person or property within the United States, and— (B) (i) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (ii) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce; (iii) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or (iv) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; ; (B) in paragraph (3), by striking the comma at the end and inserting ; or ; and (C) by adding at the end the following: (4) against any property within the United States that is owned, leased, or used by a foreign government, ; and (2) in subsection (c)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the term property includes all real and personal property.. (b) Restoration of the coverage of chemical weapons \n(1) In general \nSection 2332a of title 18, United States Code, as amended by this Act, is further amended by— (A) in the section heading, by striking certain ; (B) in subsection (a), by striking (other than a chemical weapon as that term is defined in section 229F) ; and (C) in subsection (b), by striking (other than a chemical weapon (as that term is defined in section 229F)). (2) Technical and conforming amendment \nThe table of sections for chapter 113B of title 18, United States Code, is amended in the matter relating to section 2332a by striking certain. (c) Expansion of categories of restricted persons subject to prohibitions relating to select agents \nSection 175b(d)(2) of title 18, United States Code, is amended— (1) in subparagraph (G)— (A) by inserting (i) after (G) ; (B) by striking or after the semicolon; and (C) by adding at the end the following: (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph; ; (2) in subparagraph (H), by striking the period and inserting ; or ; and (3) by adding at the end the following: (I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization (as that term is defined under section 212(a)(3)(B)(vi) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi) )).. (d) Conforming amendment to regulations \n(1) In general \nSection 175b(a)(1) of title 18, United States Code, is amended by striking as a select agent in Appendix A and all that follows through the period and inserting as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act , and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on the date that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective.", "id": "HE5F713E55A264C35BBB027A9ADF4ADC9", "header": "Weapons of mass destruction", "nested": [ { "text": "(a) Expansion of jurisdictional bases and scope \nSection 2332a of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) (A) against any person or property within the United States, and— (B) (i) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; (ii) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce; (iii) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or (iv) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce; ; (B) in paragraph (3), by striking the comma at the end and inserting ; or ; and (C) by adding at the end the following: (4) against any property within the United States that is owned, leased, or used by a foreign government, ; and (2) in subsection (c)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the term property includes all real and personal property..", "id": "HA3CE9E9D2FCC49BB996E4D45EDB16533", "header": "Expansion of jurisdictional bases and scope", "nested": [], "links": [ { "text": "Section 2332a", "legal-doc": "usc", "parsable-cite": "usc/18/2332a" } ] }, { "text": "(b) Restoration of the coverage of chemical weapons \n(1) In general \nSection 2332a of title 18, United States Code, as amended by this Act, is further amended by— (A) in the section heading, by striking certain ; (B) in subsection (a), by striking (other than a chemical weapon as that term is defined in section 229F) ; and (C) in subsection (b), by striking (other than a chemical weapon (as that term is defined in section 229F)). (2) Technical and conforming amendment \nThe table of sections for chapter 113B of title 18, United States Code, is amended in the matter relating to section 2332a by striking certain.", "id": "H03A0E72FA3DD47FE9354924400DE49A7", "header": "Restoration of the coverage of chemical weapons", "nested": [], "links": [ { "text": "Section 2332a", "legal-doc": "usc", "parsable-cite": "usc/18/2332a" }, { "text": "chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" } ] }, { "text": "(c) Expansion of categories of restricted persons subject to prohibitions relating to select agents \nSection 175b(d)(2) of title 18, United States Code, is amended— (1) in subparagraph (G)— (A) by inserting (i) after (G) ; (B) by striking or after the semicolon; and (C) by adding at the end the following: (ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph; ; (2) in subparagraph (H), by striking the period and inserting ; or ; and (3) by adding at the end the following: (I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization (as that term is defined under section 212(a)(3)(B)(vi) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi) ))..", "id": "H80062AD187474F96B3D12254ACC879F", "header": "Expansion of categories of restricted persons subject to prohibitions relating to select agents", "nested": [], "links": [ { "text": "Section 175b(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/175b" }, { "text": "8 U.S.C. 1182(a)(3)(B)(vi)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(d) Conforming amendment to regulations \n(1) In general \nSection 175b(a)(1) of title 18, United States Code, is amended by striking as a select agent in Appendix A and all that follows through the period and inserting as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act , and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on the date that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective.", "id": "HE962C462CB6C4CADA9B8558EAE72FA7E", "header": "Conforming amendment to regulations", "nested": [], "links": [ { "text": "Section 175b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/175b" }, { "text": "73.4", "legal-doc": "usc", "parsable-cite": "usc/42/73" }, { "text": "73.5", "legal-doc": "usc", "parsable-cite": "usc/42/73" }, { "text": "section 73.6", "legal-doc": "cfr", "parsable-cite": "cfr/42/73.6" } ] } ], "links": [ { "text": "Section 2332a", "legal-doc": "usc", "parsable-cite": "usc/18/2332a" }, { "text": "Section 2332a", "legal-doc": "usc", "parsable-cite": "usc/18/2332a" }, { "text": "chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" }, { "text": "Section 175b(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/175b" }, { "text": "8 U.S.C. 1182(a)(3)(B)(vi)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Section 175b(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/175b" }, { "text": "73.4", "legal-doc": "usc", "parsable-cite": "usc/42/73" }, { "text": "73.5", "legal-doc": "usc", "parsable-cite": "usc/42/73" }, { "text": "section 73.6", "legal-doc": "cfr", "parsable-cite": "cfr/42/73.6" } ] }, { "text": "3. Participation in nuclear and weapons of mass destruction threats to the United States \n(a) Atomic energy Act \nSection 57(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b) ) is amended by striking in the production of any special nuclear material and inserting or participate in the development or production of any special nuclear material or atomic weapon. (b) Nuclear weapon and WMD threats \n(1) In general \nChapter 39 of title 18, United States Code, is amended by adding at the end the following: 838. Participation in nuclear and weapons of mass destruction threats to the United States \n(a) In general \nWhoever, within the United States, or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as that term is defined under section 2339A) to a nuclear weapons program, or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years. (b) Jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. (c) Definitions \nAs used in this section— (1) Foreign terrorist power \nThe term foreign terrorist power means a terrorist organization designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ), or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). (2) Nuclear weapon \nThe term nuclear weapon means any weapon that contains or uses nuclear material (as that term is defined under section 831(f)(1)). (3) Nuclear weapons program \nThe term nuclear weapons program means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons. (4) Weapons of mass destruction program \nThe term weapons of mass destruction program means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as that term is defined in section 2332a(c)).. (2) Technical and conforming amendment \nThe table of sections for chapter 39 of title 18, United States Code, is amended by adding at the end the following: Sec. 838. Participation in nuclear and weapons of mass destruction threats to the United States. (c) Act of terrorism transcending national boundaries \nSection 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting 832 (relating to participation in nuclear and weapons of mass destruction threats to the United States) after nuclear materials),.", "id": "H030D2D704CF74DCC00A0E738DC1F25FA", "header": "Participation in nuclear and weapons of mass destruction threats to the United States", "nested": [ { "text": "(a) Atomic energy Act \nSection 57(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b) ) is amended by striking in the production of any special nuclear material and inserting or participate in the development or production of any special nuclear material or atomic weapon.", "id": "H0556C9ECF2B34224BFF36BB9C5C73D0", "header": "Atomic energy Act", "nested": [], "links": [ { "text": "42 U.S.C. 2077(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2077" } ] }, { "text": "(b) Nuclear weapon and WMD threats \n(1) In general \nChapter 39 of title 18, United States Code, is amended by adding at the end the following: 838. Participation in nuclear and weapons of mass destruction threats to the United States \n(a) In general \nWhoever, within the United States, or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as that term is defined under section 2339A) to a nuclear weapons program, or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years. (b) Jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. (c) Definitions \nAs used in this section— (1) Foreign terrorist power \nThe term foreign terrorist power means a terrorist organization designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ), or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). (2) Nuclear weapon \nThe term nuclear weapon means any weapon that contains or uses nuclear material (as that term is defined under section 831(f)(1)). (3) Nuclear weapons program \nThe term nuclear weapons program means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons. (4) Weapons of mass destruction program \nThe term weapons of mass destruction program means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as that term is defined in section 2332a(c)).. (2) Technical and conforming amendment \nThe table of sections for chapter 39 of title 18, United States Code, is amended by adding at the end the following: Sec. 838. Participation in nuclear and weapons of mass destruction threats to the United States.", "id": "H1F64C8B834D141A59007BBD8A38FFAE", "header": "Nuclear weapon and WMD threats", "nested": [], "links": [ { "text": "Chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/39" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "50 U.S.C. App. 2405", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/39" } ] }, { "text": "(c) Act of terrorism transcending national boundaries \nSection 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting 832 (relating to participation in nuclear and weapons of mass destruction threats to the United States) after nuclear materials),.", "id": "H7BA2017873EE4EF5B6D9A76950A89203", "header": "Act of terrorism transcending national boundaries", "nested": [], "links": [ { "text": "Section 2332b(g)(5)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/18/2332b" } ] } ], "links": [ { "text": "42 U.S.C. 2077(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2077" }, { "text": "Chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/39" }, { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "50 U.S.C. App. 2405", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "chapter 39", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/39" }, { "text": "Section 2332b(g)(5)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/18/2332b" } ] }, { "text": "838. Participation in nuclear and weapons of mass destruction threats to the United States \n(a) In general \nWhoever, within the United States, or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as that term is defined under section 2339A) to a nuclear weapons program, or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years. (b) Jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. (c) Definitions \nAs used in this section— (1) Foreign terrorist power \nThe term foreign terrorist power means a terrorist organization designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ), or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). (2) Nuclear weapon \nThe term nuclear weapon means any weapon that contains or uses nuclear material (as that term is defined under section 831(f)(1)). (3) Nuclear weapons program \nThe term nuclear weapons program means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons. (4) Weapons of mass destruction program \nThe term weapons of mass destruction program means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as that term is defined in section 2332a(c)).", "id": "H490511F4657C4F378C01D4651D6C8840", "header": "Participation in nuclear and weapons of mass destruction threats to the United States", "nested": [ { "text": "(a) In general \nWhoever, within the United States, or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as that term is defined under section 2339A) to a nuclear weapons program, or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.", "id": "H4C74994486AF48C3A2D046E060B6A0CB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section.", "id": "H75AEC952A96D4D1CAFBED1EA1B26D783", "header": "Jurisdiction", "nested": [], "links": [] }, { "text": "(c) Definitions \nAs used in this section— (1) Foreign terrorist power \nThe term foreign terrorist power means a terrorist organization designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ), or section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ). (2) Nuclear weapon \nThe term nuclear weapon means any weapon that contains or uses nuclear material (as that term is defined under section 831(f)(1)). (3) Nuclear weapons program \nThe term nuclear weapons program means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons. (4) Weapons of mass destruction program \nThe term weapons of mass destruction program means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as that term is defined in section 2332a(c)).", "id": "H55B7920D714149D1ABA2CF53D0021B41", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "50 U.S.C. App. 2405", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] } ], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" }, { "text": "50 U.S.C. App. 2405", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "22 U.S.C. 2371", "legal-doc": "usc", "parsable-cite": "usc/22/2371" } ] } ]

[ "Armed Forces and National Security", "Arms control", "Biological warfare", "Chemical warfare", "Commerce", "Conspiracy", "EBB Terrorism", "Extraterritoriality", "Fines (Penalties)", "Foreign Trade and International Finance", "Foreign agents", "Government Operations and Politics", "International Affairs", "Interstate commerce", "Jurisdiction", "Law", "Nuclear nonproliferation", "Nuclear terrorism", "Nuclear weapons", "State-sponsored terrorism", "Terrorism", "Weapons of mass destruction" ]

[ { "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", "nested": [ { "text": "(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.", "id": "H4D8862419897454FA7CA02F7D8C48B2D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396a(a)(10)(E)(iv)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" } ] }, { "text": "(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": "H6A92FB1B46B84A55BC7D059419EF51DA", "header": "Total amount available for allocation", "nested": [], "links": [ { "text": "42 U.S.C. 1396u–3(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-3" } ] } ], "links": [ { "text": "42 U.S.C. 1396a(a)(10)(E)(iv)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1396u–3(g)", "legal-doc": "usc", "parsable-cite": "usc/42/1396u-3" } ] } ]

[ "Finance and Financial Sector", "Insurance premiums", "Medicaid", "Medical economics", "Medicare", "Social Welfare" ]

[ { "text": "1. Suspension of duty on Disperse blue 281 \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: 9902.32.10 Disperse blue 281 (CAS Nos. 53950-33-7, 22578-86-5, 56548-64-2, and 67674-22-0) (provided for in subheading 3204.11.50) 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": "H2A00FCE691B74AFAB460DBD40225C248", "header": "Suspension of duty on Disperse blue 281", "nested": [ { "text": "(a) In General \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.10 Disperse blue 281 (CAS Nos. 53950-33-7, 22578-86-5, 56548-64-2, and 67674-22-0) (provided for in subheading 3204.11.50) Free No Change No Change On or before 12/31/2007", "id": "H883D3A66A5C84619B8247D73F5EF21DA", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H5BCD59BC15E1491D9F2D91D451394400", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "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", "nested": [ { "text": "(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.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Authority to negotiate prices Sec. 3. Guaranteed prescription drug benefits Sec. 4. Full reimbursement for qualified retiree prescription drug plans Sec. 5. Repeal of Comparative Cost Adjustment (CCA) program Sec. 6. Repeal of MA Regional Plan Stabilization Fund Sec. 7. Repeal of cost containment provisions", "id": "H448490AAE5684433B7CA4956CAD69B4", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the.", "id": "H28E3E1D01E93489A817587A0FD6CD56D", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Authority to negotiate prices Sec. 3. Guaranteed prescription drug benefits Sec. 4. Full reimbursement for qualified retiree prescription drug plans Sec. 5. Repeal of Comparative Cost Adjustment (CCA) program Sec. 6. Repeal of MA Regional Plan Stabilization Fund Sec. 7. Repeal of cost containment provisions", "id": "H40251193FE834DB9B9B428F51700E659", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Authority to negotiate prices \nSubsection (i) of section 1860D–11, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is repealed.", "id": "H9E58C6476583498D99A39D982FD3A944", "header": "Authority to negotiate prices", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "3. Guaranteed prescription drug benefits \n(a) In general \nSection 1860D–3 of the Social Security Act , as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended to read as follows: 1860D–3. Access to a choice of qualified prescription drug coverage \n(a) Assuring access to a choice of coverage \n(1) Choice of at least three plans in each area \nThe Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in— (A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and (B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. (2) Requirement for different plan sponsors \nThe requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. (3) Qualifying plan defined \nFor purposes of this section, the term qualifying plan means— (A) a prescription drug plan; (B) an MA–PD plan described in section 1851(a)(2)(A)(i) that provides— (i) basic prescription drug coverage; or (ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or (C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b). (b) HHS as PDP sponsor for a nationwide prescription drug plan \n(1) In general \nThe Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. (2) Premium; solvency; authorities \nIn carrying out paragraph (1), the Secretary— (A) shall establish a premium in the amount of $35 for months in 2006 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D–2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; (B) is deemed to have met any applicable solvency and capital adequacy standards; and (C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors. (c) Flexibility in risk assumed \nIn order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D–11(f) for the area.. (b) Conforming amendment \nSection 1860D–11 of the Social Security Act , as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (g).", "id": "HD901BF3E8B6347558BEC6309A9DD2573", "header": "Guaranteed prescription drug benefits", "nested": [ { "text": "(a) In general \nSection 1860D–3 of the Social Security Act , as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended to read as follows: 1860D–3. Access to a choice of qualified prescription drug coverage \n(a) Assuring access to a choice of coverage \n(1) Choice of at least three plans in each area \nThe Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in— (A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and (B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. (2) Requirement for different plan sponsors \nThe requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. (3) Qualifying plan defined \nFor purposes of this section, the term qualifying plan means— (A) a prescription drug plan; (B) an MA–PD plan described in section 1851(a)(2)(A)(i) that provides— (i) basic prescription drug coverage; or (ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or (C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b). (b) HHS as PDP sponsor for a nationwide prescription drug plan \n(1) In general \nThe Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. (2) Premium; solvency; authorities \nIn carrying out paragraph (1), the Secretary— (A) shall establish a premium in the amount of $35 for months in 2006 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D–2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; (B) is deemed to have met any applicable solvency and capital adequacy standards; and (C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors. (c) Flexibility in risk assumed \nIn order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D–11(f) for the area..", "id": "HA9B947AF46124443971718F1B08C076C", "header": "In general", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Conforming amendment \nSection 1860D–11 of the Social Security Act , as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking subsection (g).", "id": "H2C15A07844BC46B78B073753034BC517", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "1860D–3. Access to a choice of qualified prescription drug coverage \n(a) Assuring access to a choice of coverage \n(1) Choice of at least three plans in each area \nThe Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in— (A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and (B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. (2) Requirement for different plan sponsors \nThe requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. (3) Qualifying plan defined \nFor purposes of this section, the term qualifying plan means— (A) a prescription drug plan; (B) an MA–PD plan described in section 1851(a)(2)(A)(i) that provides— (i) basic prescription drug coverage; or (ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or (C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b). (b) HHS as PDP sponsor for a nationwide prescription drug plan \n(1) In general \nThe Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. (2) Premium; solvency; authorities \nIn carrying out paragraph (1), the Secretary— (A) shall establish a premium in the amount of $35 for months in 2006 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D–2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; (B) is deemed to have met any applicable solvency and capital adequacy standards; and (C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors. (c) Flexibility in risk assumed \nIn order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D–11(f) for the area.", "id": "H68FD8B26C398469EAD22646EA4AA00C6", "header": "Access to a choice of qualified prescription drug coverage", "nested": [ { "text": "(a) Assuring access to a choice of coverage \n(1) Choice of at least three plans in each area \nThe Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in— (A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and (B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. (2) Requirement for different plan sponsors \nThe requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. (3) Qualifying plan defined \nFor purposes of this section, the term qualifying plan means— (A) a prescription drug plan; (B) an MA–PD plan described in section 1851(a)(2)(A)(i) that provides— (i) basic prescription drug coverage; or (ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or (C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b).", "id": "H594E5640493048E6930308EA77274DB4", "header": "Assuring access to a choice of coverage", "nested": [], "links": [] }, { "text": "(b) HHS as PDP sponsor for a nationwide prescription drug plan \n(1) In general \nThe Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. (2) Premium; solvency; authorities \nIn carrying out paragraph (1), the Secretary— (A) shall establish a premium in the amount of $35 for months in 2006 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D–2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; (B) is deemed to have met any applicable solvency and capital adequacy standards; and (C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors.", "id": "H4DF9B997270943E6A9EBF495140065B0", "header": "HHS as PDP sponsor for a nationwide prescription drug plan", "nested": [], "links": [] }, { "text": "(c) Flexibility in risk assumed \nIn order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D–11(f) for the area.", "id": "HDEF55F942EC844188EB11EB4697F8100", "header": "Flexibility in risk assumed", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Full reimbursement for qualified retiree prescription drug plans \n(a) Elimination of true out-of-pocket limitation \nSection 1860D–2(b)(4)(C)(ii) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by inserting under a qualified retiree prescription drug plan (as defined in section 1860D–22(a)(2)), after under section 1860D–14, ; and (2) by inserting , under such a qualified retiree prescription drug plan, after (other than under such section. (b) Equalization of subsidies \nNotwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D–22(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D–15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.", "id": "H0107D0DDD191430D00BAF52B28503DE4", "header": "Full reimbursement for qualified retiree prescription drug plans", "nested": [ { "text": "(a) Elimination of true out-of-pocket limitation \nSection 1860D–2(b)(4)(C)(ii) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by inserting under a qualified retiree prescription drug plan (as defined in section 1860D–22(a)(2)), after under section 1860D–14, ; and (2) by inserting , under such a qualified retiree prescription drug plan, after (other than under such section.", "id": "H7F7194097FBE40ECB1E1D300DDCE8947", "header": "Elimination of true out-of-pocket limitation", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Equalization of subsidies \nNotwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D–22(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D–15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.", "id": "H95FC8C2DCBA142CCB60923005FB91C93", "header": "Equalization of subsidies", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "5. Repeal of Comparative Cost Adjustment (CCA) program \nSubtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), and the amendments made by such subtitle, are repealed.", "id": "HD074DB96323744948F7B409F405BED29", "header": "Repeal of Comparative Cost Adjustment (CCA) program", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "6. Repeal of MA Regional Plan Stabilization Fund \n(a) In general \nSection 1858 of the Social Security Act , as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; and (3) in subsection (e), as so redesignated, by striking subject to subsection (e),. (b) Conforming amendment \nSection 1851(i)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(i)(2) ), as amended by section 221(d)(5) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking 1858(h) and inserting 1858(g).", "id": "HED8840B4903D4691B808BEE9C271173F", "header": "Repeal of MA Regional Plan Stabilization Fund", "nested": [ { "text": "(a) In general \nSection 1858 of the Social Security Act , as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; and (3) in subsection (e), as so redesignated, by striking subject to subsection (e),.", "id": "H458FEC01B28044A7AE8F6F04A5F2AD13", "header": "In general", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "(b) Conforming amendment \nSection 1851(i)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(i)(2) ), as amended by section 221(d)(5) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by striking 1858(h) and inserting 1858(g).", "id": "HC65E32FD9CDA4B87A5BBA9C20008A997", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–21(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" }, { "text": "42 U.S.C. 1395w–21(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-21" }, { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] }, { "text": "7. Repeal of cost containment provisions \nSubtitle A of title VIII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ) is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted.", "id": "H141B197417B54BB394A94EF562247D15", "header": "Repeal of cost containment provisions", "nested": [], "links": [ { "text": "Public Law 108–173", "legal-doc": "public-law", "parsable-cite": "pl/108/173" } ] } ]

[ "Access to health care", "Coinsurance", "Commerce", "Competitive bidding", "Congress", "Congressional reporting requirements", "Cost control", "Drug industry", "Drugs", "Economics and Public Finance", "Expedited congressional procedure", "Finance and Financial Sector", "Government Operations and Politics", "Government trust funds", "Health insurance", "Health maintenance organizations", "House rules and procedure", "Insurance premiums", "Legislation", "Managed care", "Medical economics", "Medical fees", "Medicare", "Metropolitan areas", "Pharmacies", "Prescription pricing", "Rebates", "Retiree health benefits", "Senate rules and procedure", "Social Welfare", "Subsidies", "Urban affairs" ]

[ { "text": "1. Bobby Marshall Gentry Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 122 West Elwood Avenue in Raeford, North Carolina, shall be known and designated as the Bobby Marshall Gentry 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 Bobby Marshall Gentry Post Office Building.", "id": "HD1EB209B2CAE49A78DE4A895A711B1FC", "header": "Bobby Marshall Gentry Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 122 West Elwood Avenue in Raeford, North Carolina, shall be known and designated as the Bobby Marshall Gentry Post Office Building.", "id": "H0E68D86C67DF4647BFB1ADDA25335F1", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Bobby Marshall Gentry Post Office Building.", "id": "H6CB61B4CAD3D4AEF8E82E4F67E351C8D", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congress", "Congressional tributes", "Government Operations and Politics", "Names", "North Carolina", "Postal facilities" ]

[ { "text": "1. National plan for control and management of Sudden Oak Death \n(a) Development of national plan \nSubject to the availability of appropriated funds for this purpose, the Secretary of Agriculture, acting through the Animal Plant and Health Inspection Service, shall develop a national plan for the control and management of Sudden Oak Death, a forest disease caused by the fungus-like pathogen Phytophthora ramorum. (b) Plan elements \nIn developing the plan, the Secretary shall specifically address the following: (1) Information derived by the Department of Agriculture from ongoing efforts to identify hosts of Phytophthora ramorum and survey the extent to which Sudden Oak Death exists in the United States. (2) Past and current efforts to understand the risk posed by Phytophthora ramorum and the results of control and management efforts regarding Sudden Oak Death, including efforts related to research, control, quarantine, and hazardous fuel reduction. (3) Such future efforts as the Secretary considers necessary to control and manage Sudden Oak Death, including cost estimates for the implementation of such efforts. (c) Consultation \nThe Secretary shall develop the plan in consultation with other Federal agencies that have appropriate expertise regarding the control and management of Sudden Oak Death. (d) Implementation of plan \nThe Secretary shall complete the plan and commence implementation as soon as practicable after the date on which funds are first appropriated pursuant to the authorization of appropriations in subsection (e) to carry out this section. (e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.", "id": "H2B7388E051A3404900EA0043AF64CD9C", "header": "National plan for control and management of Sudden Oak Death", "nested": [ { "text": "(a) Development of national plan \nSubject to the availability of appropriated funds for this purpose, the Secretary of Agriculture, acting through the Animal Plant and Health Inspection Service, shall develop a national plan for the control and management of Sudden Oak Death, a forest disease caused by the fungus-like pathogen Phytophthora ramorum.", "id": "H4C1DD9B4A63D4DAEB52EA828DC79F563", "header": "Development of national plan", "nested": [], "links": [] }, { "text": "(b) Plan elements \nIn developing the plan, the Secretary shall specifically address the following: (1) Information derived by the Department of Agriculture from ongoing efforts to identify hosts of Phytophthora ramorum and survey the extent to which Sudden Oak Death exists in the United States. (2) Past and current efforts to understand the risk posed by Phytophthora ramorum and the results of control and management efforts regarding Sudden Oak Death, including efforts related to research, control, quarantine, and hazardous fuel reduction. (3) Such future efforts as the Secretary considers necessary to control and manage Sudden Oak Death, including cost estimates for the implementation of such efforts.", "id": "H13E4B8D3277B462F832860E9B9253E69", "header": "Plan elements", "nested": [], "links": [] }, { "text": "(c) Consultation \nThe Secretary shall develop the plan in consultation with other Federal agencies that have appropriate expertise regarding the control and management of Sudden Oak Death.", "id": "HD3AB833A570B4CDEAC46585CCAF28E04", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Implementation of plan \nThe Secretary shall complete the plan and commence implementation as soon as practicable after the date on which funds are first appropriated pursuant to the authorization of appropriations in subsection (e) to carry out this section.", "id": "H4330F811B051401FACEA8EE4B02E82F1", "header": "Implementation of plan", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.", "id": "HC7FDB8E5B14F4D019023D918ADEF85F3", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Biological research", "Cost accounting", "Environmental Protection", "Environmental research", "Finance and Financial Sector", "Forest conservation", "Forest management", "Fungi", "Planning", "Science, Technology, Communications", "Tree diseases" ]

[ { "text": "1. Short title \nThis Act may be cited as the Space and Aeronautics Prize Act.", "id": "H868E70E00ECC46B686E5A322B7CC6EEB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National Endowment for Space and Aeronautics \n(a) Establishment \nThere is established a National Endowment for Space and Aeronautics (referred to in this Act as the Endowment ). (b) Purpose \nThe purpose of the Endowment is— (1) to further the public’s knowledge of and inspiration by the Earth, the Earth’s atmosphere, human and robotic spaceflight and science missions, and celestial bodies in space; (2) to carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the Nation’s space and aeronautical endeavors in conjunction with, or independent of, the National Aeronautics and Space Administration (in this Act referred to as NASA ); (3) to carry out a program for tasteful advertising of commercial products and services in conjunction with the Nation’s space and aeronautics endeavors in conjunction with, or independent of, NASA; and (4) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the Nation’s aeronautics and space endeavors to include those of the National Aeronautics and Space Administration, its activities and its services. (c) Chairperson of the Endowment \nThe Endowment shall be headed by a Chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate. Under the supervision and direction of the President, the Chairperson shall be responsible for the exercise of all powers and the discharge of all duties of the Endowment, and shall have authority and control over all personnel and activities thereof. The Chairperson shall not engage in any other business, vocation, or employment while serving as such. (d) Terms \nThe Chairperson shall serve for a term of 4 years and shall be eligible for reappointment. Upon expiration of the chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall be appointed. (e) Duties \nThe Chairperson shall correlate the programs of the Endowment, insofar as practicable, with existing programs of Federal, State, regional, or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this section which can be made by other Federal agencies under existing programs. The Chairperson may enter into interagency agreements to promote or assist the space and aeronautics activities of other Federal agencies on a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (b) for the costs of such activities. (f) Authority of Endowment \nIn the performance of carrying out the purposes specified in subsection (b), the Endowment is authorized— (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law; (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out the purposes specified in subsection (b), in accordance with civil service laws; and (3) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Endowment. (g) Gifts; devises; bequests \n(1) In general \nExcept as provided in subparagraph (2), the Endowment may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with the Nation’s aeronautics and space endeavors to include those of NASA, its activities or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Nation’s aeronautics and space endeavors or NASA, its activities or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (2) Limitation \nThe Endowment may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Endowment. (3) Property of the United States \nGifts and other transfers made to or for the use of the Endowment shall be regarded as contributions, gifts, or transfers to or for the use of the United States. (h) Powers of the Endowment \n(1) Contract \nThe Endowment, with the advice of NASA and other agencies as appropriate, shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate consistent with the purposes of the Endowment specified in subsection (b). (2) Payment \nNo payment shall be made under this section except upon application therefor which is submitted to the Endowment in accordance with regulations issued and procedures established by the Chairperson. Neither NASA nor any employee thereof is authorized to accept funds from the Endowment. (3) Coordination with NASA \nThe Endowment may utilize the services and facilities of NASA, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor. (i) Reporting \nPromptly at the end of each fiscal year, the Endowment shall transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.", "id": "H9A610FF09BF3419D8D79E7E451BB3509", "header": "National Endowment for Space and Aeronautics", "nested": [ { "text": "(a) Establishment \nThere is established a National Endowment for Space and Aeronautics (referred to in this Act as the Endowment ).", "id": "HD1AECA25B3A4488E91D1DED6D8A7D71F", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Purpose \nThe purpose of the Endowment is— (1) to further the public’s knowledge of and inspiration by the Earth, the Earth’s atmosphere, human and robotic spaceflight and science missions, and celestial bodies in space; (2) to carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the Nation’s space and aeronautical endeavors in conjunction with, or independent of, the National Aeronautics and Space Administration (in this Act referred to as NASA ); (3) to carry out a program for tasteful advertising of commercial products and services in conjunction with the Nation’s space and aeronautics endeavors in conjunction with, or independent of, NASA; and (4) to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the Nation’s aeronautics and space endeavors to include those of the National Aeronautics and Space Administration, its activities and its services.", "id": "HD863B8CBFABB4D5F82005E00D098DB2", "header": "Purpose", "nested": [], "links": [] }, { "text": "(c) Chairperson of the Endowment \nThe Endowment shall be headed by a Chairperson, who shall be appointed by the President, by and with the advice and consent of the Senate. Under the supervision and direction of the President, the Chairperson shall be responsible for the exercise of all powers and the discharge of all duties of the Endowment, and shall have authority and control over all personnel and activities thereof. The Chairperson shall not engage in any other business, vocation, or employment while serving as such.", "id": "HAFD5D9DAEB9642C4A0B9A1A87674DD89", "header": "Chairperson of the Endowment", "nested": [], "links": [] }, { "text": "(d) Terms \nThe Chairperson shall serve for a term of 4 years and shall be eligible for reappointment. Upon expiration of the chairperson’s term of office the Chairperson shall serve until the Chairperson’s successor shall be appointed.", "id": "H240708A229FA4F5E9BE9AB3636C2B110", "header": "Terms", "nested": [], "links": [] }, { "text": "(e) Duties \nThe Chairperson shall correlate the programs of the Endowment, insofar as practicable, with existing programs of Federal, State, regional, or private groups, and shall develop the programs of the Endowment with due regard to the contribution to the objectives of this section which can be made by other Federal agencies under existing programs. The Chairperson may enter into interagency agreements to promote or assist the space and aeronautics activities of other Federal agencies on a reimbursable or nonreimbursable basis, and may use funds authorized to be appropriated for the purposes of subsection (b) for the costs of such activities.", "id": "H7648F4B6530E40CDA5459638C12E00C5", "header": "Duties", "nested": [], "links": [] }, { "text": "(f) Authority of Endowment \nIn the performance of carrying out the purposes specified in subsection (b), the Endowment is authorized— (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law; (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out the purposes specified in subsection (b), in accordance with civil service laws; and (3) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Endowment.", "id": "HE96D768684A745C7872B003F6CA3DC28", "header": "Authority of Endowment", "nested": [], "links": [] }, { "text": "(g) Gifts; devises; bequests \n(1) In general \nExcept as provided in subparagraph (2), the Endowment may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with the Nation’s aeronautics and space endeavors to include those of NASA, its activities or its services, including a gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Nation’s aeronautics and space endeavors or NASA, its activities or its services. For purposes of this paragraph, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (2) Limitation \nThe Endowment may not accept a gift, devise, or bequest which entails any expenditure other than from the resources of the Endowment. (3) Property of the United States \nGifts and other transfers made to or for the use of the Endowment shall be regarded as contributions, gifts, or transfers to or for the use of the United States.", "id": "H153171A25DEE4995A5E62F927595E900", "header": "Gifts; devises; bequests", "nested": [], "links": [] }, { "text": "(h) Powers of the Endowment \n(1) Contract \nThe Endowment, with the advice of NASA and other agencies as appropriate, shall have the power to enter into contracts or grants, to execute instruments, and generally to do any and all lawful acts necessary or appropriate consistent with the purposes of the Endowment specified in subsection (b). (2) Payment \nNo payment shall be made under this section except upon application therefor which is submitted to the Endowment in accordance with regulations issued and procedures established by the Chairperson. Neither NASA nor any employee thereof is authorized to accept funds from the Endowment. (3) Coordination with NASA \nThe Endowment may utilize the services and facilities of NASA, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor.", "id": "H9C7AF274F3A34DD2BCB3D48C2D7696B8", "header": "Powers of the Endowment", "nested": [], "links": [] }, { "text": "(i) Reporting \nPromptly at the end of each fiscal year, the Endowment shall transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.", "id": "H3DBD4632CAD4414FAD60D5711B818BE7", "header": "Reporting", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Prize Award Program to Encourage Development of Advanced Space and Aeronautical Technologies \n(a) Authority \nThe Chairperson may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the National Aeronautics and Space Administration. (b) Competition requirements \nThe Endowment shall— (1) widely advertise prize competitions and use a competitive process for the selection of recipients of prizes under this section. (2) make a determination prior to the advertisement required under paragraph (1) if an individual prize might have benefits for private entities within the United States as well as NASA. (c) Registration \n(1) In general \nThe Endowment shall require potential recipients of prizes to register for any prize competition under the program established under this section, and, as part of the registration process, to assume any and all risks and waive claims against the United States Government and its related entities for any injury, death, damage, loss of property or revenue or profits, whether direct, indirect or consequential, arising from their participation in a competition, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. (2) Related entity \nThe term related entity includes a contractor or subcontractor at any tier, a supplier, user, customer, cooperating party, grantee, investigator or detailee. (d) Limitations \nThe following limitations apply: (1) The total amount of cash prizes budgeted in a fiscal year may not exceed $150,000,000. (2) No prize competition may result in the award of more than $10,000,000 in cash prizes without the approval of the Chairperson or designee. (e) Availability of Funds \nFunds appropriated for the program authorized by this section shall remain available for 2 years. (f) Report \nThe Chairperson shall transmit to the Committees on Appropriations and on Commerce, Science, and Transportation of the Senate and to the Committees on Appropriations and on Science of the House of Representatives a report on the administration of the program for that fiscal year. The report shall include— (1) the space and aeronautics applications for which cash prizes were awarded; (2) the total amount of the cash prizes awarded; and (3) the methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods.", "id": "HD7AEA93A2E0C45049BAB8246F69C665", "header": "Prize Award Program to Encourage Development of Advanced Space and Aeronautical Technologies", "nested": [ { "text": "(a) Authority \nThe Chairperson may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the National Aeronautics and Space Administration.", "id": "HA6E372F6EDC04DA8B4F8AE64F2A2CC8", "header": "Authority", "nested": [], "links": [] }, { "text": "(b) Competition requirements \nThe Endowment shall— (1) widely advertise prize competitions and use a competitive process for the selection of recipients of prizes under this section. (2) make a determination prior to the advertisement required under paragraph (1) if an individual prize might have benefits for private entities within the United States as well as NASA.", "id": "H29265C8E92004C808619AC21A1EDAB6", "header": "Competition requirements", "nested": [], "links": [] }, { "text": "(c) Registration \n(1) In general \nThe Endowment shall require potential recipients of prizes to register for any prize competition under the program established under this section, and, as part of the registration process, to assume any and all risks and waive claims against the United States Government and its related entities for any injury, death, damage, loss of property or revenue or profits, whether direct, indirect or consequential, arising from their participation in a competition, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct. (2) Related entity \nThe term related entity includes a contractor or subcontractor at any tier, a supplier, user, customer, cooperating party, grantee, investigator or detailee.", "id": "H5F09452970A249EBA21C22261DAC14BD", "header": "Registration", "nested": [], "links": [] }, { "text": "(d) Limitations \nThe following limitations apply: (1) The total amount of cash prizes budgeted in a fiscal year may not exceed $150,000,000. (2) No prize competition may result in the award of more than $10,000,000 in cash prizes without the approval of the Chairperson or designee.", "id": "HA68FAB066DD64449ADED9F7C5695B3F9", "header": "Limitations", "nested": [], "links": [] }, { "text": "(e) Availability of Funds \nFunds appropriated for the program authorized by this section shall remain available for 2 years.", "id": "HBFD85E5E87D2491C826DCFF95064008E", "header": "Availability of Funds", "nested": [], "links": [] }, { "text": "(f) Report \nThe Chairperson shall transmit to the Committees on Appropriations and on Commerce, Science, and Transportation of the Senate and to the Committees on Appropriations and on Science of the House of Representatives a report on the administration of the program for that fiscal year. The report shall include— (1) the space and aeronautics applications for which cash prizes were awarded; (2) the total amount of the cash prizes awarded; and (3) the methods used for solicitation and evaluation of submissions, together with an assessment of the effectiveness of those methods.", "id": "HB2B6607254E44548819100B920E63529", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Orbital demonstration prize authority \n(a) In general \nThe Endowment shall carry out a program to award a prize for the demonstration of a space flight vehicle to carry at least 1 person to a minimum altitude of 400 kilometers originating from within the United States or its territories, complete at least 3 complete orbits of the Earth, and return safely to the Earth. It is highly desirable for the space flight vehicle to demonstrate a high degree of reusability for future flights beyond the demonstration flight. (b) Additional requirements \nIn order to be eligible for the prize described in this section, the space flight vehicle— (1) shall be built with the capacity to carry a minimum of 3 persons; (2) shall not have been substantially developed under a contract or grant from any foreign or domestic government; (3) may use a foreign or domestic space launch vehicle to launch the space flight vehicle to orbit; and (4) comply with, or obtain waivers for, all international, national, regional, or local laws or regulations which pertain to the activities described in this section. (c) Amount of prize \nThe total amount of cash prize for the program described in this section may not exceed $100,000,000.", "id": "H40D90233D2E3425A898778EF5E38C81B", "header": "Orbital demonstration prize authority", "nested": [ { "text": "(a) In general \nThe Endowment shall carry out a program to award a prize for the demonstration of a space flight vehicle to carry at least 1 person to a minimum altitude of 400 kilometers originating from within the United States or its territories, complete at least 3 complete orbits of the Earth, and return safely to the Earth. It is highly desirable for the space flight vehicle to demonstrate a high degree of reusability for future flights beyond the demonstration flight.", "id": "H9184039E85234D8600DAAEA927D8985B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Additional requirements \nIn order to be eligible for the prize described in this section, the space flight vehicle— (1) shall be built with the capacity to carry a minimum of 3 persons; (2) shall not have been substantially developed under a contract or grant from any foreign or domestic government; (3) may use a foreign or domestic space launch vehicle to launch the space flight vehicle to orbit; and (4) comply with, or obtain waivers for, all international, national, regional, or local laws or regulations which pertain to the activities described in this section.", "id": "H403489DE58FD4A0BBAB6CB165CD2C77B", "header": "Additional requirements", "nested": [], "links": [] }, { "text": "(c) Amount of prize \nThe total amount of cash prize for the program described in this section may not exceed $100,000,000.", "id": "H9314CC9AD23F419EBF15D1371119A6F9", "header": "Amount of prize", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Authorization of Appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "H13E58B53089848C49FABACFBE6F6BC74", "header": "Authorization of Appropriations", "nested": [], "links": [] } ]

[ "Advertising", "Advice and consent of the Senate", "Aeronautics", "Astronautics", "Awards, medals, prizes", "Commemorations", "Commerce", "Competition", "Congress", "Congressional reporting requirements", "Economics and Public Finance", "Executive reorganization", "Gifts", "Government Operations and Politics", "Government trust funds", "Launch vehicles", "Presidential appointments", "Public service advertising", "Space activities", "Space commercialization", "Space flight", "Space shuttles", "Spacecraft", "Technological innovations", "Transportation and Public Works" ]

[ { "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", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Act to Save America’s Forests.", "id": "H313B74C0C80A4DCB842DA0A0303E1EB2", "header": "Short title", "nested": [], "links": [] }, { "text": "(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": "H9D574E1368894F49B4C45FD46096DEB5", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "HF19D9D7813D54F51B6F304565EB1D4B0", "header": "Findings", "nested": [], "links": [] }, { "text": "(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": "H5CC8EA155E274C54AB81F346624BC781", "header": "Purpose", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [ { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H40868CE0089C43C18ECA52CC7D4E5900", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "HFAE944BAABA44863BDBB1CFBBE65F4FE", "header": "Requirements", "nested": [], "links": [] }, { "text": "(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.", "id": "H74DF3F5D79B047779EE900B3152FB2B7", "header": "Decennial inventories", "nested": [], "links": [] }, { "text": "(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.", "id": "H67890A4789A64C37B7493B803D2239C", "header": "National Academy of Sciences", "nested": [], "links": [] }, { "text": "(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.", "id": "HA6FCAB9325944F6AA7C7E580ABEE04BA", "header": "Whole-System measures", "nested": [], "links": [] }, { "text": "(f) Public availability \nResults of a continuous forest inventory shall be made available to the public without charge.", "id": "H7DFEF3BBAFEE46A799E129282D3FB66C", "header": "Public availability", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [ { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 668dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/668dd" }, { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] }, { "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", "nested": [ { "text": "(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. ).", "id": "HD72A087265E647C2AA86FC0097A418C7", "header": "Applicability", "nested": [], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 668dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/668dd" } ] }, { "text": "(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.", "id": "H95763405E5154047BDC5972C3B53EA1D", "header": "Native biodiversity in forested areas", "nested": [], "links": [] }, { "text": "(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": "H3CD6FCFB65C04B0DB6F0D3DD8B25E1E4", "header": "Restriction on use of certain logging practices", "nested": [], "links": [ { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] } ], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 668dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/668dd" }, { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] }, { "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", "nested": [], "links": [ { "text": "16 U.S.C. 1604(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "HA07905C1A7F84776ADABD3BA0509E2FE", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "HF6A05B7D5C494E23B4A0000FE8E8F5C", "header": "Size variation", "nested": [], "links": [] }, { "text": "(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.", "id": "H8993B3485EAE4097A813E0EE9D13DDC0", "header": "Designation of special areas", "nested": [], "links": [] }, { "text": "(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": "H0951B87B2CF6479AA19B009C832213DF", "header": "Committee of scientists", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "H6FF7B2E31F0E4E03ABDE84176C989732", "header": "Restriction of management activities in Ancient forests", "nested": [], "links": [] }, { "text": "(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.", "id": "HE74D6DC4E4804530984EF82F98425000", "header": "Restriction of management activities in roadless areas", "nested": [], "links": [] }, { "text": "(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.", "id": "HA927DA450A7544A7A42CFD4B6063A7EC", "header": "Restriction of management activities in watershed protection areas", "nested": [], "links": [] }, { "text": "(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.", "id": "H8261A150E0684564998686E7DFC54F31", "header": "Restriction of management activities in special areas", "nested": [], "links": [] }, { "text": "(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.", "id": "HA04626BBA26A44DA87232FFE5655E527", "header": "Maintenance of existing Roads", "nested": [], "links": [] }, { "text": "(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": "H0F5E9DD959694F54AAD1F1A700880705", "header": "Enforcement", "nested": [], "links": [ { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] } ], "links": [ { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] } ]

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[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H7F85BCED38C5466A96FB3C6B216C951E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of Office of Housing Counseling \nSection 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (g) Office of Housing Counseling \n(1) Establishment \nThere is established, in the Office of the Secretary, the Office of Housing Counseling. (2) Director \nThere is established the position of Director of Housing Counseling. The Director shall be the head of the Office of Housing Counseling and shall be appointed by the Secretary. Such position shall be a career reserved position in the Senior Executive Service. (3) Functions \n(A) In general \nThe Director shall have ultimate responsibility within the Department, except for the Secretary, for all activities and matters relating to homeownership counseling and rental housing counseling, including— (i) research, grant administration, public outreach, and policy development relating to such counseling; and (ii) establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by the Department that relate to housing counseling, homeownership counseling (including maintenance of homes), mortgage-related counseling (including home equity conversion mortgages and credit protection options to avoid foreclosure), and rental housing counseling, including the requirements, standards, and performance measures relating to housing counseling. (B) Specific functions \nThe Director shall carry out the functions assigned to the Director and the Office under this section and any other provisions of law. Such functions shall include establishing rules necessary— (i) for the counseling procedures under section 106(h)(1) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(h)(1) ); (ii) carrying out all other functions of the Secretary under section 106(h) of the Housing and Urban Development Act of 1968, including the establishment, operation, and publication of the availability of the toll-free telephone number under paragraph (2) of such section; (iii) carrying out section 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 ) for mortgage information booklets prepared pursuant to such section; (iv) carrying out the certification program under section 106(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(e) ); (v) carrying out the assistance program under section 106(a)(4) of the Housing and Urban Development Act of 1968, including criteria for selection of applications to receive assistance; (vi) carrying out any functions regarding predatory and unscrupulous lending practices relating to residential mortgage loans that the Secretary considers appropriate, which shall include conducting the study under section 6 of the ; (vii) providing for operation of the advisory committee established under paragraph (4) of this subsection; and (viii) collaborating with community-based organizations with expertise in the field of housing counseling. (4) Advisory Committee \n(A) In general \nThe Secretary shall appoint an advisory committee to provide advice and oversight regarding the carrying out of the functions of the Director. (B) Members \nSuch advisory committee shall consist of not more than 12 individuals, and the membership of the committee shall equally represent all aspects of the mortgage and real estate industry, including consumers. (C) Terms \nExcept as provided in subparagraph (D), each member of the advisory committee shall be appointed for a term of three years. Members may be reappointed at the discretion of the Secretary. (D) Terms of initial appointees \nAs designated by the Secretary at the time of appointment, of the members first appointed to the advisory committee, four shall be appointed for a term of one year and four shall be appointed for a term of two years. (E) Prohibition of pay; travel expenses \nMembers of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) Scope of homeownership counseling \nIn carrying out the responsibilities of the Director, the Director shall ensure that homeownership counseling provided by, in connection with, or pursuant to any function, activity, or program of the Department addresses the entire process of homeownership, including the decision to purchase a home, the selection and purchase of a home, issues arising during or affecting the period of ownership of a home (including refinancing, default and foreclosure, and other financial decisions), and the sale or other disposition of a home..", "id": "H2B82C878210B4F2D83D658E5E500C198", "header": "Establishment of Office of Housing Counseling", "nested": [], "links": [ { "text": "42 U.S.C. 3533", "legal-doc": "usc", "parsable-cite": "usc/42/3533" }, { "text": "12 U.S.C. 1701x(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "12 U.S.C. 2604", "legal-doc": "usc", "parsable-cite": "usc/12/2604" }, { "text": "12 U.S.C. 1701x(e)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "3. Counseling procedures \n(a) In general \nSection 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: (h) Procedures and activities \n(1) Counseling procedures \n(A) In general \nThe Secretary shall establish, coordinate, and monitor the administration by the Department of Housing and Urban Development of the counseling procedures for homeownership counseling and rental housing counseling provided in connection with any program of the Department, including all requirements, standards, and performance measures that relate to homeownership and rental housing counseling. (B) Homeownership counseling \nFor purposes of this subsection and as used in the provisions referred to in this subparagraph, the term homeownership counseling means counseling related to homeownership and residential mortgage loans. Such term includes counseling related to homeownership and residential mortgage loans that is provided pursuant to— (i) section 105(a)(20) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(20) ); (ii) in the United States Housing Act of 1937 — (I) section 9(e) ( 42 U.S.C. 1437g(e) ); (II) section 8(y)(1)(D) ( 42 U.S.C. 1437f(y)(1)(D) ); (III) section 18(a)(4)(D) ( 42 U.S.C. 1437p(a)(4)(D) ); (IV) section 23(c)(4) ( 42 U.S.C. 1437u(c)(4) ); (V) section 32(e)(4) ( 42 U.S.C. 1437z–4(e)(4) ); (VI) section 33(d)(2)(B) ( 42 U.S.C. 1437z–5(d)(2)(B) ); (VII) sections 302(b)(6) and 303(b)(7) ( 42 U.S.C. 1437aaa–1(b)(6) , 1437aaa–2(b)(7)); and (VIII) section 304(c)(4) ( 42 U.S.C. 1437aaa–3(c)(4) ); (iii) section 302(a)(4) of the American Homeownership and Economic Opportunity Act of 2000 ( 42 U.S.C. 1437f note); (iv) sections 233(b)(2) and 258(b) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12773(b)(2) , 12808(b)); (v) this section and section 101(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x , 1701w(e)); (vi) section 220(d)(2)(G) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ( 12 U.S.C. 4110(d)(2)(G) ); (vii) sections 422(b)(6), 423(b)(7), 424(c)(4), 442(b)(6), and 443(b)(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12872(b)(6) , 12873(b)(7), 12874(c)(4), 12892(b)(6), and 12893(b)(6)); (viii) section 491(b)(1)(F)(iii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11408(b)(1)(F)(iii) ); (ix) sections 202(3) and 810(b)(2)(A) of the Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) , 4229(b)(2)(A)); (x) in the National Housing Act — (I) in section 203 ( 12 U.S.C. 1709 ), the penultimate undesignated paragraph of paragraph (2) of subsection (b), subsection (c)(2)(A), and subsection (r)(4); (II) subsections (a) and (c)(3) of section 237 ( 12 U.S.C. 1715z–2 ); and (III) subsections (d)(2)(B) and (m)(1) of section 255 ( 12 U.S.C. 1715z–20 ); (xi) section 502(h)(4)(B) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(4)(B) ); and (xii) section 508 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–7 ). (C) Rental housing counseling \nFor purposes of this subsection, the term rental housing counseling means counseling related to rental of residential property, which may include counseling regarding future homeownership opportunities and providing referrals for renters and prospective renters to entities providing counseling and shall include counseling related to such topics that is provided pursuant to— (i) section 105(a)(20) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(20) ); (ii) in the United States Housing Act of 1937 — (I) section 9(e) ( 42 U.S.C. 1437g(e) ); (II) section 18(a)(4)(D) ( 42 U.S.C. 1437p(a)(4)(D) ); (III) section 23(c)(4) ( 42 U.S.C. 1437u(c)(4) ); (IV) section 32(e)(4) ( 42 U.S.C. 1437z–4(e)(4) ); (V) section 33(d)(2)(B) ( 42 U.S.C. 1437z–5(d)(2)(B) ); and (VI) section 302(b)(6) ( 42 U.S.C. 1437aaa–1(b)(6) ); (iii) section 233(b)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12773(b)(2) ); (iv) section 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x ); (v) section 422(b)(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12872(b)(6) ); (vi) section 491(b)(1)(F)(iii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11408(b)(1)(F)(iii) ); (vii) sections 202(3) and 810(b)(2)(A) of the Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) , 4229(b)(2)(A)); and (viii) the rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (2) Toll-free telephone number and web site \nThe Secretary shall provide for the establishment, operation, and publication of a language-appropriate toll-free telephone number and a World Wide Web site through which persons interested in homeownership or rental housing counseling services may locate and obtain names and contact information of persons and organizations certified under section 106(e) of the Housing and Urban Development Act of 1968 to provide such services. (3) Standards for materials \nThe Secretary, in conjunction with the advisory committee established under subsection (g)(4), shall establish standards for materials and forms to be used, as appropriate, by organizations providing homeownership counseling services, including any recipients of assistance pursuant to subsection (a)(4). (4) Mortgage software systems \n(A) Certification \nThe Secretary shall provide for the certification of various computer software programs for consumers to use in evaluating different residential mortgage loan proposals. The Secretary shall require, for such certification, that the mortgage software systems that take into account— (i) the consumer’s financial situation and the cost of maintaining a home, including insurance, taxes, and utilities; (ii) the amount of time the consumer expects to remain in the home or expected time to maturity of the loan; (iii) such other factors as the Secretary considers appropriate to assist the consumer in evaluating whether to pay points, to lock in an interest rate, to select an adjustable or fixed rate loan, to select a conventional or government-insured or guaranteed loan and to make other choices during the loan application process. If the Secretary determines that available existing software is inadequate to assist consumers during the residential mortgage loan application process, the Secretary shall arrange for the development by private sector software companies of new mortgage software systems that meet the Secretary’s specifications. (B) Use and initial availability \nSuch certified computer software programs shall be used to supplement, not replace, housing counseling. The Secretary shall provide that such programs are initially used only in connection with the assistance of housing counselors certified pursuant to subsection (e). (C) Availability \nAfter a period of initial availability under subparagraph (B) as the Secretary considers appropriate, the Secretary shall take reasonable steps to make mortgage software systems certified pursuant to this paragraph widely available through the Internet and at public locations, including public libraries, senior-citizen centers, public housing sites, offices of public housing agencies that administer rental housing assistance vouchers, and housing counseling centers. (5) Outreach to vulnerable populations \nThe Secretary shall develop a multimedia outreach program designed to make elderly persons, persons who face language barriers, low-income persons, and other potentially vulnerable consumers aware that it is advisable, before seeking a residential mortgage loan, to obtain homeownership counseling from an unbiased and reliable source and that such homeownership counseling is available, including through programs of the Department of Housing and Urban Development. (6) Education programs \nThe Secretary shall provide advice and technical assistance to States, units of general local government, and non-profit organizations regarding the establishment and operation of, including assistance with the development of content and materials for, educational programs to inform and educate consumers, particularly those most vulnerable with respect to residential mortgage loans (such as elderly persons, persons facing language barriers, low-income persons, and other potentially vulnerable consumers), regarding home mortgages, mortgage refinancing, home equity loans, and home repair loans.. (b) Conforming amendments to grant program for homeownership counseling organizations \nSection 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(c)(5)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; (2) in subclause (III) by striking the period at the end and inserting ; and ; and (3) by inserting after subclause (III) the following new subclause: (IV) notify the Housing or mortgage applicant of the availability of mortgage software systems provided pursuant to subsection (h)(4)..", "id": "H9BB4BE1E98534F5D86554CDA09D4C781", "header": "Counseling procedures", "nested": [ { "text": "(a) In general \nSection 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: (h) Procedures and activities \n(1) Counseling procedures \n(A) In general \nThe Secretary shall establish, coordinate, and monitor the administration by the Department of Housing and Urban Development of the counseling procedures for homeownership counseling and rental housing counseling provided in connection with any program of the Department, including all requirements, standards, and performance measures that relate to homeownership and rental housing counseling. (B) Homeownership counseling \nFor purposes of this subsection and as used in the provisions referred to in this subparagraph, the term homeownership counseling means counseling related to homeownership and residential mortgage loans. Such term includes counseling related to homeownership and residential mortgage loans that is provided pursuant to— (i) section 105(a)(20) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(20) ); (ii) in the United States Housing Act of 1937 — (I) section 9(e) ( 42 U.S.C. 1437g(e) ); (II) section 8(y)(1)(D) ( 42 U.S.C. 1437f(y)(1)(D) ); (III) section 18(a)(4)(D) ( 42 U.S.C. 1437p(a)(4)(D) ); (IV) section 23(c)(4) ( 42 U.S.C. 1437u(c)(4) ); (V) section 32(e)(4) ( 42 U.S.C. 1437z–4(e)(4) ); (VI) section 33(d)(2)(B) ( 42 U.S.C. 1437z–5(d)(2)(B) ); (VII) sections 302(b)(6) and 303(b)(7) ( 42 U.S.C. 1437aaa–1(b)(6) , 1437aaa–2(b)(7)); and (VIII) section 304(c)(4) ( 42 U.S.C. 1437aaa–3(c)(4) ); (iii) section 302(a)(4) of the American Homeownership and Economic Opportunity Act of 2000 ( 42 U.S.C. 1437f note); (iv) sections 233(b)(2) and 258(b) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12773(b)(2) , 12808(b)); (v) this section and section 101(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x , 1701w(e)); (vi) section 220(d)(2)(G) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ( 12 U.S.C. 4110(d)(2)(G) ); (vii) sections 422(b)(6), 423(b)(7), 424(c)(4), 442(b)(6), and 443(b)(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12872(b)(6) , 12873(b)(7), 12874(c)(4), 12892(b)(6), and 12893(b)(6)); (viii) section 491(b)(1)(F)(iii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11408(b)(1)(F)(iii) ); (ix) sections 202(3) and 810(b)(2)(A) of the Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) , 4229(b)(2)(A)); (x) in the National Housing Act — (I) in section 203 ( 12 U.S.C. 1709 ), the penultimate undesignated paragraph of paragraph (2) of subsection (b), subsection (c)(2)(A), and subsection (r)(4); (II) subsections (a) and (c)(3) of section 237 ( 12 U.S.C. 1715z–2 ); and (III) subsections (d)(2)(B) and (m)(1) of section 255 ( 12 U.S.C. 1715z–20 ); (xi) section 502(h)(4)(B) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(4)(B) ); and (xii) section 508 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–7 ). (C) Rental housing counseling \nFor purposes of this subsection, the term rental housing counseling means counseling related to rental of residential property, which may include counseling regarding future homeownership opportunities and providing referrals for renters and prospective renters to entities providing counseling and shall include counseling related to such topics that is provided pursuant to— (i) section 105(a)(20) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(20) ); (ii) in the United States Housing Act of 1937 — (I) section 9(e) ( 42 U.S.C. 1437g(e) ); (II) section 18(a)(4)(D) ( 42 U.S.C. 1437p(a)(4)(D) ); (III) section 23(c)(4) ( 42 U.S.C. 1437u(c)(4) ); (IV) section 32(e)(4) ( 42 U.S.C. 1437z–4(e)(4) ); (V) section 33(d)(2)(B) ( 42 U.S.C. 1437z–5(d)(2)(B) ); and (VI) section 302(b)(6) ( 42 U.S.C. 1437aaa–1(b)(6) ); (iii) section 233(b)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12773(b)(2) ); (iv) section 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x ); (v) section 422(b)(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12872(b)(6) ); (vi) section 491(b)(1)(F)(iii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11408(b)(1)(F)(iii) ); (vii) sections 202(3) and 810(b)(2)(A) of the Native American Housing and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) , 4229(b)(2)(A)); and (viii) the rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (2) Toll-free telephone number and web site \nThe Secretary shall provide for the establishment, operation, and publication of a language-appropriate toll-free telephone number and a World Wide Web site through which persons interested in homeownership or rental housing counseling services may locate and obtain names and contact information of persons and organizations certified under section 106(e) of the Housing and Urban Development Act of 1968 to provide such services. (3) Standards for materials \nThe Secretary, in conjunction with the advisory committee established under subsection (g)(4), shall establish standards for materials and forms to be used, as appropriate, by organizations providing homeownership counseling services, including any recipients of assistance pursuant to subsection (a)(4). (4) Mortgage software systems \n(A) Certification \nThe Secretary shall provide for the certification of various computer software programs for consumers to use in evaluating different residential mortgage loan proposals. The Secretary shall require, for such certification, that the mortgage software systems that take into account— (i) the consumer’s financial situation and the cost of maintaining a home, including insurance, taxes, and utilities; (ii) the amount of time the consumer expects to remain in the home or expected time to maturity of the loan; (iii) such other factors as the Secretary considers appropriate to assist the consumer in evaluating whether to pay points, to lock in an interest rate, to select an adjustable or fixed rate loan, to select a conventional or government-insured or guaranteed loan and to make other choices during the loan application process. If the Secretary determines that available existing software is inadequate to assist consumers during the residential mortgage loan application process, the Secretary shall arrange for the development by private sector software companies of new mortgage software systems that meet the Secretary’s specifications. (B) Use and initial availability \nSuch certified computer software programs shall be used to supplement, not replace, housing counseling. The Secretary shall provide that such programs are initially used only in connection with the assistance of housing counselors certified pursuant to subsection (e). (C) Availability \nAfter a period of initial availability under subparagraph (B) as the Secretary considers appropriate, the Secretary shall take reasonable steps to make mortgage software systems certified pursuant to this paragraph widely available through the Internet and at public locations, including public libraries, senior-citizen centers, public housing sites, offices of public housing agencies that administer rental housing assistance vouchers, and housing counseling centers. (5) Outreach to vulnerable populations \nThe Secretary shall develop a multimedia outreach program designed to make elderly persons, persons who face language barriers, low-income persons, and other potentially vulnerable consumers aware that it is advisable, before seeking a residential mortgage loan, to obtain homeownership counseling from an unbiased and reliable source and that such homeownership counseling is available, including through programs of the Department of Housing and Urban Development. (6) Education programs \nThe Secretary shall provide advice and technical assistance to States, units of general local government, and non-profit organizations regarding the establishment and operation of, including assistance with the development of content and materials for, educational programs to inform and educate consumers, particularly those most vulnerable with respect to residential mortgage loans (such as elderly persons, persons facing language barriers, low-income persons, and other potentially vulnerable consumers), regarding home mortgages, mortgage refinancing, home equity loans, and home repair loans..", "id": "H4749E96A864E42D0B6BC9029A8B72F3B", "header": "In general", "nested": [], "links": [ { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "42 U.S.C. 5305(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "42 U.S.C. 1437g(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437f(y)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437p(a)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437p" }, { "text": "42 U.S.C. 1437u(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437u" }, { "text": "42 U.S.C. 1437z–4(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-4" }, { "text": "42 U.S.C. 1437z–5(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-5" }, { "text": "42 U.S.C. 1437aaa–1(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-1" }, { "text": "42 U.S.C. 1437aaa–3(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-3" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 12773(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12773" }, { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "12 U.S.C. 4110(d)(2)(G)", "legal-doc": "usc", "parsable-cite": "usc/12/4110" }, { "text": "42 U.S.C. 12872(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/12872" }, { "text": "42 U.S.C. 11408(b)(1)(F)(iii)", "legal-doc": "usc", "parsable-cite": "usc/42/11408" }, { "text": "25 U.S.C. 4132(3)", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "12 U.S.C. 1709", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "12 U.S.C. 1715z–2", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-2" }, { "text": "12 U.S.C. 1715z–20", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-20" }, { "text": "42 U.S.C. 1472(h)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "12 U.S.C. 1701z–7", "legal-doc": "usc", "parsable-cite": "usc/12/1701z-7" }, { "text": "42 U.S.C. 5305(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "42 U.S.C. 1437g(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437p(a)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437p" }, { "text": "42 U.S.C. 1437u(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437u" }, { "text": "42 U.S.C. 1437z–4(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-4" }, { "text": "42 U.S.C. 1437z–5(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-5" }, { "text": "42 U.S.C. 1437aaa–1(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-1" }, { "text": "42 U.S.C. 12773(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12773" }, { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "42 U.S.C. 12872(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/12872" }, { "text": "42 U.S.C. 11408(b)(1)(F)(iii)", "legal-doc": "usc", "parsable-cite": "usc/42/11408" }, { "text": "25 U.S.C. 4132(3)", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(b) Conforming amendments to grant program for homeownership counseling organizations \nSection 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(c)(5)(A)(ii) ) is amended— (1) in subclause (II), by striking and at the end; (2) in subclause (III) by striking the period at the end and inserting ; and ; and (3) by inserting after subclause (III) the following new subclause: (IV) notify the Housing or mortgage applicant of the availability of mortgage software systems provided pursuant to subsection (h)(4)..", "id": "H6348ECAD55E34AAB8FD444CF9BE3ABFA", "header": "Conforming amendments to grant program for homeownership counseling organizations", "nested": [], "links": [ { "text": "12 U.S.C. 1701x(c)(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" } ] } ], "links": [ { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "42 U.S.C. 5305(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "42 U.S.C. 1437g(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437f(y)(1)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437p(a)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437p" }, { "text": "42 U.S.C. 1437u(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437u" }, { "text": "42 U.S.C. 1437z–4(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-4" }, { "text": "42 U.S.C. 1437z–5(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-5" }, { "text": "42 U.S.C. 1437aaa–1(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-1" }, { "text": "42 U.S.C. 1437aaa–3(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-3" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 12773(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12773" }, { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "12 U.S.C. 4110(d)(2)(G)", "legal-doc": "usc", "parsable-cite": "usc/12/4110" }, { "text": "42 U.S.C. 12872(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/12872" }, { "text": "42 U.S.C. 11408(b)(1)(F)(iii)", "legal-doc": "usc", "parsable-cite": "usc/42/11408" }, { "text": "25 U.S.C. 4132(3)", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "12 U.S.C. 1709", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "12 U.S.C. 1715z–2", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-2" }, { "text": "12 U.S.C. 1715z–20", "legal-doc": "usc", "parsable-cite": "usc/12/1715z-20" }, { "text": "42 U.S.C. 1472(h)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1472" }, { "text": "12 U.S.C. 1701z–7", "legal-doc": "usc", "parsable-cite": "usc/12/1701z-7" }, { "text": "42 U.S.C. 5305(a)(20)", "legal-doc": "usc", "parsable-cite": "usc/42/5305" }, { "text": "42 U.S.C. 1437g(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" }, { "text": "42 U.S.C. 1437p(a)(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/42/1437p" }, { "text": "42 U.S.C. 1437u(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437u" }, { "text": "42 U.S.C. 1437z–4(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-4" }, { "text": "42 U.S.C. 1437z–5(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1437z-5" }, { "text": "42 U.S.C. 1437aaa–1(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1437aaa-1" }, { "text": "42 U.S.C. 12773(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12773" }, { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "42 U.S.C. 12872(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/12872" }, { "text": "42 U.S.C. 11408(b)(1)(F)(iii)", "legal-doc": "usc", "parsable-cite": "usc/42/11408" }, { "text": "25 U.S.C. 4132(3)", "legal-doc": "usc", "parsable-cite": "usc/25/4132" }, { "text": "42 U.S.C. 1437f", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "12 U.S.C. 1701x(c)(5)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" } ] }, { "text": "4. Grants for housing counseling assistance \nSection 106(a) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(3) ) is amended by adding at the end the following new paragraph: (4) Homeownership and Rental Counseling Assistance \n(A) In general \nThe Secretary shall make financial assistance available under this paragraph to States, units of general local governments, nonprofit organizations and other entities providing homeownership or rental counseling (as such terms are defined in subsection (h)(1)). (B) Qualified entities \nThe Secretary shall establish standards and guidelines for eligibility of organizations (including governmental and nonprofit organizations) to receive assistance under this paragraph. (C) Distribution \nAssistance made available under this paragraph shall be distributed in a manner that encourages efficient and successful counseling programs. (D) Authorization of appropriations \nThere are authorized to be appropriated $45,000,000 for each of fiscal years 2004 through 2007 for— (i) the operations of the Office of Housing Counseling of the Department of Housing and Urban Development; (ii) the responsibilities of the Secretary under paragraphs (2) through (6) of subsection (h); and (ii) assistance pursuant to this paragraph for entities providing homeownership and rental counseling..", "id": "H57FCF49307804656A273698E2B8701F2", "header": "Grants for housing counseling assistance", "nested": [], "links": [ { "text": "12 U.S.C. 1701x(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" } ] }, { "text": "5. Requirements to use hud-certified counselors under hud programs \nSection 106(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(e) ) is amended— (1) by striking paragraph (1) and inserting the following new paragraph: (1) Requirement for assistance \nAn organization may not receive assistance for counseling activities under subsection (a)(1)(iii), (a)(2), (a)(4), (c), or (d) of this section, or under section 101(e), unless the organization, or the individuals through which the organization provides such counseling, has been certified by the Secretary under this subsection as competent to provide such counseling. ; (2) in paragraph (2)— (A) by inserting and for certifying organizations before the period at the end of the first sentence; and (B) in the second sentence by striking for certification and inserting , for certification of an organization, that each individual through which the organization provides counseling shall demonstrate, and, for certification of an individual, ; (3) in paragraph (3), by inserting organizations and before individuals ; (4) by redesignating paragraph (3) as paragraph (5); and (5) by inserting after paragraph (2) the following new paragraphs: (3) Requirement under hud programs \nAny homeownership counseling or rental housing counseling (as such terms are defined in subsection (h)(1)) required under, or provided in connection with, any program administered by the Department of Housing and Urban Development shall be provided only by organizations or counselors certified by the Secretary under this subsection as competent to provide such counseling. (4) Outreach \nThe Secretary shall take such actions as the Secretary considers appropriate to ensure that individuals and organizations providing homeownership or rental housing counseling are aware of the certification requirements and standards of this subsection and of the training and certification programs under subsection (f)..", "id": "H1E283018CEF34A72A1B51750E18D3D9D", "header": "Requirements to use hud-certified counselors under hud programs", "nested": [], "links": [ { "text": "12 U.S.C. 1701x(e)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" } ] }, { "text": "6. Study of defaults and foreclosures \nThe Secretary of Housing and Urban Development shall conduct an extensive study of the root causes of default and foreclosure of home loans, using as much empirical data as are available. Not later than 12 months after the Director of Housing Counseling of the Department of Housing and Urban Development is first appointed, the Secretary shall submit to the Congress a preliminary report regarding the study. Not later than 24 months after such date of appointment, the Secretary shall submit a final report regarding the results of the study, which shall include any recommended legislation relating to the study and recommendations for best practices and for a process to identify populations that need counseling the most.", "id": "H83B83C0730A6408F9D15F4C07EC6F525", "header": "Study of defaults and foreclosures", "nested": [], "links": [] }, { "text": "7. Definitions for counseling-related programs \nSection 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: (i) Definitions \nFor purposes of this section: (1) Nonprofit organization \nThe term nonprofit organization has the meaning given such term in section 104(5) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704(5) ), except that subparagraph (D) of such section shall not apply for purposes of this section. (2) State \nThe term State means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States. (3) Unit of general local government \nThe term unit of general local government means any city, town, township, parish, village, or other general purpose political subdivision of a State..", "id": "H7137D5DC4B6A4B28976E3E42C4F59D62", "header": "Definitions for counseling-related programs", "nested": [], "links": [ { "text": "12 U.S.C. 1701x", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "42 U.S.C. 12704(5)", "legal-doc": "usc", "parsable-cite": "usc/42/12704" } ] }, { "text": "8. Updating and simplification of mortgage information booklet \nSection 5 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604 ) is amended— (1) in the section heading, by striking special and inserting mortgage ; (2) by striking subsections (a) and (b) and inserting the following new subsections: (a) Preparation and distribution \nThe Secretary shall prepare a booklet to help consumers applying for federally related mortgage loans to understand the nature and costs of real estate settlement services. The Secretary shall prepare the booklet in various languages and cultural styles, as the Secretary determines to be appropriate, so that the booklet is understandable and accessible to homebuyers of different ethnic and cultural backgrounds. The Secretary shall distribute such booklets to all lenders that make federally related mortgage loans. The Secretary shall also distribute to such lenders lists, organized by location, of homeownership counselors certified under section 106(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(e) ) for use in complying with the requirement under subsection (c) of this section. (b) Contents \nEach booklet shall be in such form and detail as the Secretary shall prescribe and, in addition to such other information as the Secretary may provide, shall include in plain and understandable language the following information: (1) A description and explanation of the nature and purpose of the costs incident to a real estate settlement or a federally related mortgage loan. The description and explanation shall provide general information about the mortgage process as well as specific information concerning, at a minimum— (A) balloon payments; (B) prepayment penalties; and (C) the trade-off between closing costs and the interest rate over the life of the loan. (2) An explanation and sample of the uniform settlement statement required by section 4. (3) A list and explanation of lending practices, including those prohibited by the Truth in Lending Act or other applicable Federal law, and of other unfair practices and unreasonable or unnecessary charges to be avoided by the prospective buyer with respect to a real estate settlement. (4) A list and explanation of questions a consumer obtaining a federally related mortgage loan should ask regarding the loan, including whether the consumer will have the ability to repay the loan, whether the consumer sufficiently shopped for the loan, whether the loan terms include prepayment penalties or balloon payments, and whether the loan will benefit the borrower. (5) An explanation of the right of rescission as to certain transactions provided by sections 125 and 129 of the Truth in Lending Act ( 15 U.S.C. 1635 , 1639). (6) A brief explanation of the nature of a variable rate mortgage and a reference to the booklet entitled Consumer Handbook on Adjustable Rate Mortgages , published by the Board of Governors of the Federal Reserve System pursuant to section 226.19(b)(1) of title 12, Code of Federal Regulations, or to any suitable substitute of such booklet that such Board of Governors may subsequently adopt pursuant to such section. (7) A brief explanation of the nature of a home equity line of credit and a reference to the pamphlet required to be provided under section 127A of the Truth in Lending Act ( 15 U.S.C. 1637a(e) ). (8) Information about homeownership counseling services made available pursuant to section 106(a)(4) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(4) ), a recommendation that the consumer use such services, and notification that a list of certified providers of homeownership counseling in the area, and their contact information, is provided with the booklet. (9) An explanation of the nature and purpose of escrow accounts when used in connection with loans secured by residential real estate and the requirements under section 10 of this Act regarding such accounts. (10) An explanation of the choices available to buyers of residential real estate in selecting persons to provide necessary services incident to a real estate settlement. (11) An explanation of a consumer’s responsibilities, liabilities, and obligations in a mortgage transaction. (12) An explanation of the nature and purpose of real estate appraisals, including the difference between an appraisal and a home inspection. (13) Notice that the Office of Housing of the Department of Housing and Urban Development has made publicly available a brochure regarding loan fraud and a World Wide Web address for obtaining the brochure. The booklet prepared pursuant to this section shall take into consideration differences in real estate settlement procedures which may exist among the several States and territories of the United States and among separate political subdivisions within the same State and territory. ; (3) in subsection (c), by striking the last sentence and inserting the following new sentence: Each lender shall also include with the booklet a list of homeownership counselors who are certified pursuant to section 106(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(e) ) and located in the area of the lender. ; and (4) in subsection (d), by inserting after the period at the end of the first sentence the following: The lender shall provide the booklet in the version that is most language- and culturally-appropriate for the person receiving it..", "id": "H485CCBB4A9004E43B4AA7C5D1135AD98", "header": "Updating and simplification of mortgage information booklet", "nested": [], "links": [ { "text": "12 U.S.C. 2604", "legal-doc": "usc", "parsable-cite": "usc/12/2604" }, { "text": "12 U.S.C. 1701x(e)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "15 U.S.C. 1635", "legal-doc": "usc", "parsable-cite": "usc/15/1635" }, { "text": "section 226.19(b)(1)", "legal-doc": "cfr", "parsable-cite": "cfr/12/226.19" }, { "text": "15 U.S.C. 1637a(e)", "legal-doc": "usc", "parsable-cite": "usc/15/1637a" }, { "text": "12 U.S.C. 1701x(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" }, { "text": "12 U.S.C. 1701x(e)", "legal-doc": "usc", "parsable-cite": "usc/12/1701x" } ] } ]

[ "Administrative procedure", "Affordable housing", "Commerce", "Computer software", "Congress", "Congressional reporting requirements", "Consumer education", "Counseling", "Department of Housing and Urban Development", "Electronic government information", "Executive reorganization", "Federal advisory bodies", "Federal aid to housing", "Federal-local relations", "Federal-state relations", "Finance and Financial Sector", "Foreclosure", "Fraud", "Government Operations and Politics", "Government publications", "Government publicity", "Governmental investigations", "Home ownership", "Housing for the aged", "Internet", "Law", "Licenses", "Loan defaults", "Low-income housing", "Moderate income housing", "Mortgage banks", "Mortgage interest rates", "Mortgages", "Nonprofit organizations", "Real estate appraisal", "Rental housing", "Science, Technology, Communications", "Settlement costs", "Social Welfare", "Usury", "Variable rate mortgage loans", "Web sites" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HFA3A9461A80648BA8C9C00F354AD3EC3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Oxnard, California, water reclamation, reuse, and treatment project \n(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575 ; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following: 1636. Oxnard, California, water reclamation, reuse, and treatment project \n(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California. (b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).. (b) Clerical amendment \nThe table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 is amended by inserting after the item relating to section 1635 the following: Sec. 1636. Oxnard, California, water reclamation, reuse, and treatment project.", "id": "HF05DF6BA900044738FD4BB4C26C84FF3", "header": "Oxnard, California, water reclamation, reuse, and treatment project", "nested": [ { "text": "(a) In general \nThe Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575 ; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following: 1636. Oxnard, California, water reclamation, reuse, and treatment project \n(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California. (b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a)..", "id": "H77CE5C83409743BEB300DA5645ECD395", "header": "In general", "nested": [], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "(b) Clerical amendment \nThe table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 is amended by inserting after the item relating to section 1635 the following: Sec. 1636. Oxnard, California, water reclamation, reuse, and treatment project.", "id": "H08E78CB0D00744B7B971811E2ED2C8CF", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 102–575", "legal-doc": "public-law", "parsable-cite": "pl/102/575" }, { "text": "43 U.S.C. 390h et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/390h" } ] }, { "text": "1636. Oxnard, California, water reclamation, reuse, and treatment project \n(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California. (b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).", "id": "H8583B4C70C334BCA9D43A2D034C89285", "header": "Oxnard, California, water reclamation, reuse, and treatment project", "nested": [ { "text": "(a) Authorization \nThe Secretary, in cooperation with the City of Oxnard, California, may participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters water in the area of Oxnard, California.", "id": "HAD067BB28AB94E679911F1CD5D3611ED", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Cost share \nThe Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost.", "id": "H02760417C41948E4976E762DB6150E2", "header": "Cost share", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe Secretary shall not provide funds for the operation and maintenance of the project described in subsection (a).", "id": "H6EEE0972E3514B3FBBF2C1D6CD3B2E8", "header": "Limitation", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "California", "Economics and Public Finance", "Environmental Protection", "Federal aid to water pollution control", "Federal aid to water resources development", "Infrastructure", "Irrigation", "Saline waters", "Waste water treatment", "Water conservation", "Water treatment plants" ]

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

[ "Aliens", "Computer software", "Crime and Law Enforcement", "Fraud", "Identification devices", "International Affairs", "International cooperation", "Passports", "Science, Technology, Communications", "Standards", "Visas" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HBC8F64DF4DA74A63A2D085009B96C74F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on increase in number of individuals affected by the alternative minimum tax; repeal of alternative minimum tax for individuals in 2014 \n(a) Limitation on increase in number of individuals affected by the alternative minimum tax \nSection 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount for taxpayers other than corporations) is amended— (1) in paragraph (1)(A), by striking $45,000 ($58,000 in the case of taxable years beginning in 2003 and 2004) and inserting the applicable joint return amount , (2) in paragraph (1)(B), by striking $33,750 ($40,250 in the case of taxable years beginning in 2003 and 2004) and inserting the applicable non-joint return amount , and (3) by inserting after paragraph (3) the following new paragraph: (4) Applicable joint and non-joint return amounts \nFor purposes of paragraph (1), the applicable joint return amount and the applicable non-joint return amount shall be determined in accordance with the following table: For taxable years beginning in calendar year: The applicable joint return amount is: The applicable non-joint return amount is: 2006 $59,700 $41,400 2007 $60,000 $41,600 2008, 2009, or 2010 $61,500 $42,650 2011 or 2012 $49,900 $34,600 2013 $49,950 $34,650. (b) Repeal of alternative minimum tax for individuals in 2014 \nSubsection (a) of section 55 of such Code is amended by adding at the end the following new flush sentence: Notwithstanding subsection (b), in the case of a taxpayer other than a corporation, the tentative minimum tax for any taxable year beginning after December 31, 2013, shall be zero.. (c) Exception to EGTRRA sunset \nSubsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by title VII of such Act (relating to alternative minimum tax). (d) Effective Dates \n(1) Subsection (a) \nThe amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. (2) Subsection (b) \nThe amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2013.", "id": "H70EABEF1E22C4310A437CD3D3B2800B8", "header": "Limitation on increase in number of individuals affected by the alternative minimum tax; repeal of alternative minimum tax for individuals in 2014", "nested": [ { "text": "(a) Limitation on increase in number of individuals affected by the alternative minimum tax \nSection 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount for taxpayers other than corporations) is amended— (1) in paragraph (1)(A), by striking $45,000 ($58,000 in the case of taxable years beginning in 2003 and 2004) and inserting the applicable joint return amount , (2) in paragraph (1)(B), by striking $33,750 ($40,250 in the case of taxable years beginning in 2003 and 2004) and inserting the applicable non-joint return amount , and (3) by inserting after paragraph (3) the following new paragraph: (4) Applicable joint and non-joint return amounts \nFor purposes of paragraph (1), the applicable joint return amount and the applicable non-joint return amount shall be determined in accordance with the following table: For taxable years beginning in calendar year: The applicable joint return amount is: The applicable non-joint return amount is: 2006 $59,700 $41,400 2007 $60,000 $41,600 2008, 2009, or 2010 $61,500 $42,650 2011 or 2012 $49,900 $34,600 2013 $49,950 $34,650.", "id": "H0FD8B606FD684894B99894C376C1315D", "header": "Limitation on increase in number of individuals affected by the alternative minimum tax", "nested": [], "links": [ { "text": "Section 55(d)", "legal-doc": "usc", "parsable-cite": "usc/26/55" } ] }, { "text": "(b) Repeal of alternative minimum tax for individuals in 2014 \nSubsection (a) of section 55 of such Code is amended by adding at the end the following new flush sentence: Notwithstanding subsection (b), in the case of a taxpayer other than a corporation, the tentative minimum tax for any taxable year beginning after December 31, 2013, shall be zero..", "id": "H2394E09D60EB4134ABC4090046709300", "header": "Repeal of alternative minimum tax for individuals in 2014", "nested": [], "links": [] }, { "text": "(c) Exception to EGTRRA sunset \nSubsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by title VII of such Act (relating to alternative minimum tax).", "id": "HC9408EB1650F4D6BA5DDC83C606302D1", "header": "Exception to EGTRRA sunset", "nested": [], "links": [] }, { "text": "(d) Effective Dates \n(1) Subsection (a) \nThe amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2005. (2) Subsection (b) \nThe amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2013.", "id": "H04C050D58BE742A381E32776C763B102", "header": "Effective Dates", "nested": [], "links": [] } ], "links": [ { "text": "Section 55(d)", "legal-doc": "usc", "parsable-cite": "usc/26/55" } ] } ]

[ "Congress", "Income tax", "Minimum tax", "Sunset legislation", "Tax exemption" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H17BC3780DAB14298B292002C51F1B33F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Simplification of deduction for points on home mortgage \n(a) In general \nSubsection (g) of section 461 of the Internal Revenue Code of 1986 (relating to prepaid interest) is amended by adding at the end the following new paragraph: (3) Exception for certain refinancings \n(A) In general \nThis subsection shall not apply to points paid in respect of indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of paragraph (2) or this paragraph. (B) Limitation \nSubparagraph (A) shall apply only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the sum of— (i) the amount of the refinanced indebtedness, plus (ii) the lesser of $10,000 or the points paid in respect of the indebtedness resulting from the refinancing to the extent that the indebtedness resulting from the refinancing does not exceed the refinanced indebtedness.. (b) Conforming amendment \nThe heading of paragraph (2) of section 461(g) of such Code is amended by inserting based on business practice after Exception. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H4C2C4BA7B535497E9ECB2CF7C9B03E75", "header": "Simplification of deduction for points on home mortgage", "nested": [ { "text": "(a) In general \nSubsection (g) of section 461 of the Internal Revenue Code of 1986 (relating to prepaid interest) is amended by adding at the end the following new paragraph: (3) Exception for certain refinancings \n(A) In general \nThis subsection shall not apply to points paid in respect of indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of paragraph (2) or this paragraph. (B) Limitation \nSubparagraph (A) shall apply only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the sum of— (i) the amount of the refinanced indebtedness, plus (ii) the lesser of $10,000 or the points paid in respect of the indebtedness resulting from the refinancing to the extent that the indebtedness resulting from the refinancing does not exceed the refinanced indebtedness..", "id": "H338119DC5E21451D8005217047413FE9", "header": "In general", "nested": [], "links": [ { "text": "section 461", "legal-doc": "usc", "parsable-cite": "usc/26/461" } ] }, { "text": "(b) Conforming amendment \nThe heading of paragraph (2) of section 461(g) of such Code is amended by inserting based on business practice after Exception.", "id": "HFE7C8037774E446D9D217242D08609C6", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H3CA35B7A849A4082895D88AEA70F44F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 461", "legal-doc": "usc", "parsable-cite": "usc/26/461" } ] } ]

[ "Accounting", "Finance and Financial Sector", "Housing and Community Development", "Housing finance", "Income tax", "Interest", "Mortgages", "Settlement costs", "Tax deductions" ]

[ { "text": "1. High priority project, Michigan \nItem number 820 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 287) is amended by striking Conduct and all that follows through interchange and inserting Conduct a transportation needs study and make improvements to 1-75 interchanges in the Grayling area.", "id": "H442FDCE781C4460487E872E3C2CECFD", "header": "High priority project, Michigan", "nested": [], "links": [] } ]

[ "Economics and Public Finance", "Federal aid to transportation", "Highway finance", "Infrastructure", "Interstate highway system", "Michigan", "Road construction", "Transportation research" ]

[ { "text": "1. Findings \nCongress finds the following: (1) Yo-Yo Waterballs (also known as water yo-yos) are inexpensive, easily accessible toys that pose a strangulation hazard and threaten the health of children. (2) Yo-Yo Waterballs are banned in France, the United Kingdom, Luxembourg, Australia, Brazil, and Canada, and Germany and New Zealand have issued warnings concerning Yo-Yo Waterballs. (3) The New York State Consumer Protection Board has issued 2 warnings calling Yo-Yo Waterballs serious hazards to kids, and the Massachusetts Office of Consumer Affairs and Business Regulation calls Yo-Yo Waterballs a great risk to children. (4) Consumer Reports magazine rated Yo-Yo Waterballs as not acceptable in the December 2003 issue. (5) World Against Toys Causing Harm labeled Yo-Yo Waterballs as one of the 10 Worst Toys of 2003. (6) On July 2, 2003, a petition from New York’s Empire State Consumer Association reported that the fluid inside the balls is toxic and flammable. (7) The United States Consumer Product Safety Commission has reported that Yo-Yo Waterballs pose a potential risk of strangulation. (8) According to the Consumer Product Safety Commission, as of September 29, 2004, Yo-Yo Waterballs were responsible for 394 reported health incidents, 281 of which were coded as causing suffocation or strangulation. (9) Of those 193 incidents, 52 resulted in serious breathing difficulties that rendered the child unconscious and lifeless after suffering from a lack of oxygen or broken blood vessels. (10) The Consumer Product Safety Commission reported that 24 children reported allergic reactions to the fluid and it caused some to have trouble breathing. (11) In spite of evidence concerning the danger to children caused by Yo-Yo Waterballs, the Consumer Product Safety Commission has refused repeated attempts towards banning these dangerous toys.", "id": "HF1F03B32F1D34C2DB3D232B8B776EC9C", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Declaration of Yo-Yo Waterball toy a banned hazardous product \nNot later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a rule pursuant to section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ) declaring the Yo-Yo Waterball toy a banned hazardous product under such Act.", "id": "H175A024C976E425DB9A6FE8402344C00", "header": "Declaration of Yo-Yo Waterball toy a banned hazardous product", "nested": [], "links": [ { "text": "15 U.S.C. 2058", "legal-doc": "usc", "parsable-cite": "usc/15/2058" } ] }, { "text": "3. Definition \nFor purposes of this Act, the term Yo-Yo Waterball toy includes the Yo-Yo Waterball, and any similar water yo-yo that contains a rubber ball filled with liquid and attached to a rubber cord.", "id": "H66454AB159D24DDCB259C0472B1E7E6C", "header": "Definition", "nested": [], "links": [] } ]

[ "Administrative procedure", "Child safety", "Consumer Product Safety Commission", "Defective products", "Families", "Government Operations and Politics", "Independent regulatory commissions", "Law", "Product safety", "Toys" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "H65060CC2AB2E4E06A8FEC82C67CDAD1D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of tax incentives for renewal communities \n(a) Employment credit allowed for employees residing in any renewal community \nSubsection (b) of section 1400H of the Internal Revenue Code of 1986 (relating to modification) is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by inserting after paragraph (2) the following new paragraph: (3) subsection (d)(1)(B) thereof shall be applied by substituting within any for within such.. (b) Public service cap exemption \n(1) In general \nPart III of subchapter X of chapter 1 of such Code (relating to additional incentives) is amended by adding at the end the following new section: 1400K. Public service cap exemption \nIn the case of an area designated as a renewal community which was an enterprise community, the same exemption from the percentage limitation under section 105(a)(8) of the Housing and Community Development Act of 1974 on the use of community development block grants for provision of public services that applied to such enterprise community shall apply to the renewal community.. (2) Clerical amendment \nThe table of sections for Part III of subchapter X of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 1400K. Public service cap exemption. (c) Expansion of renewal community to include adjacent areas of high economic distress and certain noncontiguous parcels \nSubsection (a) of section 1400E of such Code is amended by adding at the end the following new paragraph: (6) Expansion of designated areas \n(A) In general \nThe Secretary of Housing and Urban Development may expand the boundaries of any area designated as a renewal community to include— (i) any census tract or census block group adjacent to the renewal community which the Secretary of Housing and Urban Development determines is an area of high economic distress, (ii) any census tract or census block group adjacent to the renewal community if not less than 50 percent of such tract or group is non-residential, or (iii) any census tract or census block group which is noncontiguous to the renewal community (determined without regard to this paragraph) if not less than 50 percent of such tract or group is non-residential. (B) Limitation on number of parcels \nSubparagraph (A)(iii) shall not apply to more than 5 parcels with respect to any renewal community. (C) Period for which designation is in effect \nAny expansion of a renewal community under this paragraph shall be effective on the date designated by the Secretary of Housing and Urban Development and shall continue in effect thereafter as part of such renewal community.. (d) Effective date \nThe amendments made by this section shall apply to years beginning after the date of the enactment of this Act.", "id": "H84BC0D0C28274C85B2A5F2A625674CA1", "header": "Expansion of tax incentives for renewal communities", "nested": [ { "text": "(a) Employment credit allowed for employees residing in any renewal community \nSubsection (b) of section 1400H of the Internal Revenue Code of 1986 (relating to modification) is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by inserting after paragraph (2) the following new paragraph: (3) subsection (d)(1)(B) thereof shall be applied by substituting within any for within such..", "id": "H029CF790C541446993B0BF98E231B09F", "header": "Employment credit allowed for employees residing in any renewal community", "nested": [], "links": [ { "text": "section 1400H", "legal-doc": "usc", "parsable-cite": "usc/26/1400H" } ] }, { "text": "(b) Public service cap exemption \n(1) In general \nPart III of subchapter X of chapter 1 of such Code (relating to additional incentives) is amended by adding at the end the following new section: 1400K. Public service cap exemption \nIn the case of an area designated as a renewal community which was an enterprise community, the same exemption from the percentage limitation under section 105(a)(8) of the Housing and Community Development Act of 1974 on the use of community development block grants for provision of public services that applied to such enterprise community shall apply to the renewal community.. (2) Clerical amendment \nThe table of sections for Part III of subchapter X of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 1400K. Public service cap exemption.", "id": "H658438B3C6B944CABF369548779CF4FA", "header": "Public service cap exemption", "nested": [], "links": [] }, { "text": "(c) Expansion of renewal community to include adjacent areas of high economic distress and certain noncontiguous parcels \nSubsection (a) of section 1400E of such Code is amended by adding at the end the following new paragraph: (6) Expansion of designated areas \n(A) In general \nThe Secretary of Housing and Urban Development may expand the boundaries of any area designated as a renewal community to include— (i) any census tract or census block group adjacent to the renewal community which the Secretary of Housing and Urban Development determines is an area of high economic distress, (ii) any census tract or census block group adjacent to the renewal community if not less than 50 percent of such tract or group is non-residential, or (iii) any census tract or census block group which is noncontiguous to the renewal community (determined without regard to this paragraph) if not less than 50 percent of such tract or group is non-residential. (B) Limitation on number of parcels \nSubparagraph (A)(iii) shall not apply to more than 5 parcels with respect to any renewal community. (C) Period for which designation is in effect \nAny expansion of a renewal community under this paragraph shall be effective on the date designated by the Secretary of Housing and Urban Development and shall continue in effect thereafter as part of such renewal community..", "id": "H56DA3729250C4177A3B74DF574AA8ED5", "header": "Expansion of renewal community to include adjacent areas of high economic distress and certain noncontiguous parcels", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to years beginning after the date of the enactment of this Act.", "id": "HBDCC467F341846158498F91911B1A0B5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 1400H", "legal-doc": "usc", "parsable-cite": "usc/26/1400H" } ] }, { "text": "1400K. Public service cap exemption \nIn the case of an area designated as a renewal community which was an enterprise community, the same exemption from the percentage limitation under section 105(a)(8) of the Housing and Community Development Act of 1974 on the use of community development block grants for provision of public services that applied to such enterprise community shall apply to the renewal community.", "id": "HCBE0D391189940D994FC18AC739B626D", "header": "Public service cap exemption", "nested": [], "links": [] } ]

[ "Block grants", "Boundaries", "Commerce", "Community development", "Depressed areas", "Economics and Public Finance", "Enterprise zones", "Government Operations and Politics", "Housing and Community Development", "Income tax", "Infrastructure", "Labor and Employment", "Municipal services", "Tax credits", "Tax incentives", "Urban affairs", "Wages" ]

[ { "text": "1. Concerning the participation of Taiwan in the World Health Organization \n(a) Findings \nCongress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria. (3) Taiwan’s population of 23,500,000 people is greater than that of 3/4 of the member states already in the World Health Organization (WHO). (4) Taiwan’s achievements in the field of health are substantial, including— (A) attaining— (i) 1 of the highest life expectancy levels in Asia; and (ii) maternal and infant mortality rates comparable to those of western countries; (B) eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and (C) providing children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO. (7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950’s. (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan’s participation in appropriate international organizations. (10) Public Law 106–137 required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan’s participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan’s participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO. (12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States should find opportunities for Taiwan’s voice to be heard in international organizations in order to make a contribution, even if membership is not possible , further stating that the administration has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO. (13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced America’s work for a healthy world cuts across political lines. That is why my government supports Taiwan’s efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it. (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in December 2002. (15) In 2003, the outbreak of Severe Acute Respiratory Syndrome (SARS) caused 73 deaths in Taiwan. (16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People’s Republic of China, Cambodia, Indonesia, Japan, Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos. (17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasize the importance of allowing all people access to the WHO. (18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that [t]he need for effective public health exists among all peoples. (b) Plan \nThe Secretary of State is authorized to— (1) initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly in May 2004 in Geneva, Switzerland; (2) instruct the United States delegation to the World Health Assembly in Geneva to implement that plan; and (3) introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly. (c) Report concerning observer status for Taiwan at the summit of the World Health Assembly \nNot later than 30 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State shall submit a report to the Congress, in unclassified form, describing the United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly (WHA) held by the World Health Organization (WHO) in May of each year in Geneva, Switzerland. Each report shall include the following: (1) An account of the efforts the Secretary of State has made, following the last meeting of the World Health Assembly, to encourage WHO member states to promote Taiwan’s bid to obtain observer status. (2) The steps the Secretary of State will take to endorse and obtain observer status at the next annual meeting of the World Health Assembly in Geneva, Switzerland.", "id": "H427458044CC84BB5BF9139F31B8D1615", "header": "Concerning the participation of Taiwan in the World Health Organization", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to improve the public health. (2) Direct and unobstructed participation in international health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human immunodeficiency virus (HIV), tuberculosis, and malaria. (3) Taiwan’s population of 23,500,000 people is greater than that of 3/4 of the member states already in the World Health Organization (WHO). (4) Taiwan’s achievements in the field of health are substantial, including— (A) attaining— (i) 1 of the highest life expectancy levels in Asia; and (ii) maternal and infant mortality rates comparable to those of western countries; (B) eradicating such infectious diseases as cholera, smallpox, the plague, and polio; and (C) providing children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of public health issues. (6) In recent years Taiwan has expressed a willingness to assist financially and technically in international aid and health activities supported by the WHO. (7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals specializing in firefighting, medicine, and civil engineering. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Government. (8) The World Health Assembly has allowed observers to participate in the activities of the organization, including the Palestine Liberation Organization in 1974, the Order of Malta, and the Holy See in the early 1950’s. (9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan’s participation in appropriate international organizations. (10) Public Law 106–137 required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan’s participation in international organizations, in particular the WHO. (11) In light of all benefits that Taiwan’s participation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appropriate and meaningful participation in the WHO. (12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States should find opportunities for Taiwan’s voice to be heard in international organizations in order to make a contribution, even if membership is not possible , further stating that the administration has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO. (13) In his speech made in the World Medical Association on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced America’s work for a healthy world cuts across political lines. That is why my government supports Taiwan’s efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it. (14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Nations and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in December 2002. (15) In 2003, the outbreak of Severe Acute Respiratory Syndrome (SARS) caused 73 deaths in Taiwan. (16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People’s Republic of China, Cambodia, Indonesia, Japan, Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos. (17) The SARS and avian influenza outbreaks illustrate that disease knows no boundaries and emphasize the importance of allowing all people access to the WHO. (18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that [t]he need for effective public health exists among all peoples.", "id": "H2FA8D2125BE14E70A197B0E8B4B4AE56", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Plan \nThe Secretary of State is authorized to— (1) initiate a United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly in May 2004 in Geneva, Switzerland; (2) instruct the United States delegation to the World Health Assembly in Geneva to implement that plan; and (3) introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly.", "id": "H26514693913F4DE2A8A55EFCF041CD0", "header": "Plan", "nested": [], "links": [] }, { "text": "(c) Report concerning observer status for Taiwan at the summit of the World Health Assembly \nNot later than 30 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, the Secretary of State shall submit a report to the Congress, in unclassified form, describing the United States plan to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly (WHA) held by the World Health Organization (WHO) in May of each year in Geneva, Switzerland. Each report shall include the following: (1) An account of the efforts the Secretary of State has made, following the last meeting of the World Health Assembly, to encourage WHO member states to promote Taiwan’s bid to obtain observer status. (2) The steps the Secretary of State will take to endorse and obtain observer status at the next annual meeting of the World Health Assembly in Geneva, Switzerland.", "id": "HF1F8F10C05334EB0833085DF7D5CF00", "header": "Report concerning observer status for Taiwan at the summit of the World Health Assembly", "nested": [], "links": [] } ], "links": [] } ]

[ "Conferences", "Congress", "Congress and foreign policy", "Congressional reporting requirements", "East Asia", "Europe", "Health", "International agencies", "Switzerland", "Taiwan", "World health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ammonium Nitrate Security Act.", "id": "H54F47E8F57FF45E0A757A34CDA171D76", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Importation, manufacture, distribution, and storage of detonable nitrate fertilizers \nChapter 40 of title 18 of the United States Code is amended— (1) in the first sentence of section 841(d) by striking and igniters and inserting igniters, and detonable nitrate fertilizers ; (2) in section 841 by adding at the end the following new subsection: (t) Detonable nitrate fertilizers means detonable mixtures of ammonium nitrate fertilizers, sodium nitrate fertilizers, and potassium nitrate fertilizers. ; (3) in section 842(j) by adding at the end the following: The Attorney General shall promulgate regulations specifically related to the storage of detonable nitrate fertilizers. ; (4) in the second sentence of section 843(a) by striking the period and inserting , except that if the only explosive materials for which the applicant is seeking a license or permit are detonable nitrate fertilizers, the applicant shall not be required to pay such fee. ; (5) in section 843(b)(6) by striking the semicolon and inserting , unless the only explosive materials that the employee is authorized to possess are detonable nitrate fertilizers; ; (6) in the first sentence of section 843(h)(1) by striking the period and inserting , unless the only explosive materials that the responsible person or employee will be authorized by the employer to possess are detonable nitrate fertilizers. ; and (7) in section 844(j) by inserting detonable nitrate fertilizers, after title,.", "id": "H48EDDB1D70234B1FA8963DF46DF38FF0", "header": "Importation, manufacture, distribution, and storage of detonable nitrate fertilizers", "nested": [], "links": [ { "text": "Chapter 40", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/40" } ] } ]

[ "Administrative fees", "Administrative procedure", "Agriculture and Food", "Department of Justice", "Economics and Public Finance", "Explosives", "Fertilizers", "Fines (Penalties)", "Foreign Trade and International Finance", "Government Operations and Politics", "Government paperwork", "Import restrictions", "Labor and Employment", "Law", "Licenses", "Nitrates", "Nitrogen compounds", "Public Lands and Natural Resources", "Storage" ]

[ { "text": "1. Short title \nThis Act may be cited as.", "id": "HAAED6DE92FD0402E84C065ECA62630E6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Hope and Lifetime Learning Credits combined \n(a) In general \nSo much of section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) as precedes subsection (d) is amended to read as follows: 25A. Education Credit \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual. (b) Qualified expenses \nFor purposes of subsection (a), the term qualified expenses means the sum of— (1) qualified higher education expenses, and (2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.. (b) Conforming amendments to credit \n(1) Section 25A of such Code is amended— (A) by striking subsection (h), and (B) by redesignating subsections (d), (e), (f), (g), and (i) as subsections (c), (d), (e), (f), and (g), respectively. (2) Subsection (f)(2) of section 25A of such Code, as so redesignated, is amended by striking (before the application of subsections (b), (c), and (d)). (c) Other conforming and clerical amendments \n(1) The following provisions of such Code are each amended by striking section 25A(g)(2) and inserting section 25A(f)(2) : (A) Section 72(t)(7)(B). (B) Section 221(d)(2)(B). (C) Section 222(d)(1) (as amended by section 132 of this Act). (D) Section 529(c)(3)(B)(v)(I). (E) Section 530(b)(2)(A). (F) Section 530(d)(2)(C)(i)(I). (G) Section 530(d)(4)(B)(iii). (2) Section 221(d) of such Code is amended— (A) in paragraph (2) by striking section 25A(f)(2) and inserting section 25A(e)(2) , and (B) by amending paragraph (3) to read as follows: (3) Eligible student \nThe term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (B) is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing.. (3) Section 529(e)(3)(B)(i) of such Code is amended by striking section 25A(b)(3) and inserting section 221(d)(3). (4) The heading of section 529(c)(3)(B)(v) of such Code is amended to read as follows: Coordination with education credit.—. (5) The heading of section 530(d)(2)(C) of such Code is amended to read as follows: Coordination with education credit and qualified tuition programs.—. (6) Section 6050S(e) of such Code is amended by striking subsection (g)(2) and inserting subsection (f)(2). (7) Section 6213(g)(2)(J) of such Code is amended by striking section 25A(g)(1) and inserting section 25A(f)(1). (8) The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: Sec. 25A. Education Credit. (d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H3873A087FE8A416DB303DDEDA39E46A0", "header": "Hope and Lifetime Learning Credits combined", "nested": [ { "text": "(a) In general \nSo much of section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) as precedes subsection (d) is amended to read as follows: 25A. Education Credit \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual. (b) Qualified expenses \nFor purposes of subsection (a), the term qualified expenses means the sum of— (1) qualified higher education expenses, and (2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual..", "id": "H1EF629FB05154159BA6FED735C353C9E", "header": "In general", "nested": [], "links": [ { "text": "section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" } ] }, { "text": "(b) Conforming amendments to credit \n(1) Section 25A of such Code is amended— (A) by striking subsection (h), and (B) by redesignating subsections (d), (e), (f), (g), and (i) as subsections (c), (d), (e), (f), and (g), respectively. (2) Subsection (f)(2) of section 25A of such Code, as so redesignated, is amended by striking (before the application of subsections (b), (c), and (d)).", "id": "H1F117F38FD61466B80A9E89FC08A3DB", "header": "Conforming amendments to credit", "nested": [], "links": [] }, { "text": "(c) Other conforming and clerical amendments \n(1) The following provisions of such Code are each amended by striking section 25A(g)(2) and inserting section 25A(f)(2) : (A) Section 72(t)(7)(B). (B) Section 221(d)(2)(B). (C) Section 222(d)(1) (as amended by section 132 of this Act). (D) Section 529(c)(3)(B)(v)(I). (E) Section 530(b)(2)(A). (F) Section 530(d)(2)(C)(i)(I). (G) Section 530(d)(4)(B)(iii). (2) Section 221(d) of such Code is amended— (A) in paragraph (2) by striking section 25A(f)(2) and inserting section 25A(e)(2) , and (B) by amending paragraph (3) to read as follows: (3) Eligible student \nThe term eligible student means, with respect to any academic period, a student who— (A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (B) is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing.. (3) Section 529(e)(3)(B)(i) of such Code is amended by striking section 25A(b)(3) and inserting section 221(d)(3). (4) The heading of section 529(c)(3)(B)(v) of such Code is amended to read as follows: Coordination with education credit.—. (5) The heading of section 530(d)(2)(C) of such Code is amended to read as follows: Coordination with education credit and qualified tuition programs.—. (6) Section 6050S(e) of such Code is amended by striking subsection (g)(2) and inserting subsection (f)(2). (7) Section 6213(g)(2)(J) of such Code is amended by striking section 25A(g)(1) and inserting section 25A(f)(1). (8) The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: Sec. 25A. Education Credit.", "id": "H8725F653752344769CAD7B7B9C7E9224", "header": "Other conforming and clerical amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HAEE0F0D1E62F4E67B85EDBFDDD25F94", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" }, { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "25A. Education Credit \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual. (b) Qualified expenses \nFor purposes of subsection (a), the term qualified expenses means the sum of— (1) qualified higher education expenses, and (2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.", "id": "HABF3EE40E0354B3FBB6D33527669823C", "header": "Education Credit", "nested": [ { "text": "(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual.", "id": "H7301D40908964BF4B6B6383E3D5F40A2", "header": "Allowance of credit", "nested": [], "links": [] }, { "text": "(b) Qualified expenses \nFor purposes of subsection (a), the term qualified expenses means the sum of— (1) qualified higher education expenses, and (2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.", "id": "HD8B1D6890F494F5686059EBBF7B90611", "header": "Qualified expenses", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Uniform definition of qualifying higher education expenses \n(a) In general \nParagraph (3) of section 529(e) of such Code (relating to other definitions and special rules) is amended to read as follows: (3) Qualified higher education expenses \n(A) In general \nThe term qualified higher education expenses means— (i) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution; and (ii) expenses for special needs services in the case of a special needs beneficiary which are incurred in connection with such enrollment or attendance. (B) Room and board included for students who are at least half-time \n(i) In general \nIn the case of an individual who is an eligible student for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(7), a designated beneficiary shall be treated as meeting the requirements of this clause. (ii) Limitation \nThe amount treated as qualified higher education expenses by reason of clause (i) shall not exceed— (I) the allowance (applicable to the student) for room and board included in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087 ll ), as in effect on the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001) as determined by the eligible educational institution for such period, or (II) if greater, the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period. (iii) Eligible student \nFor purposes of this subparagraph, the term eligible student means, with respect to any academic period, a student who— (I) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (II) is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing. (C) Exceptions \n(i) Exception for education involving sports, etc \nSuch term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. (ii) Exception for nonacademic fees \nSuch term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual’s academic course of instruction.. (b) Conforming amendments \n(1) Section 25A and 6050S of such Code are each amended by striking qualified tuition and related expenses each place it appears and inserting qualified higher education expenses. (2) Section 25A(e)(1) of such Code (as amended by this Act) is amended to read as follows: (1) Qualified higher education expenses \nThe term qualified higher education expenses means the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) required for the enrollment or attendance of— (A) the taxpayer, (B) the taxpayer’s spouse, or (C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.. (3) Section 135(c)(2) of such Code is amended— (A) by striking tuition and fees and inserting the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) , and (B) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (4) Section 221(d)(2) of such Code is amended by striking the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 , 20 U.S.C. 1087ll , as in effect on the day before the date of the enactment of this Act) and inserting the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) incurred for attendance. (5) (A) Section 222 of such Code is amended by striking qualified tuition and related expenses each place it appears and inserting qualified higher education expenses. (B) Section 222(d)(1) of such Code is amended to read as follows: (1) Qualified higher education expenses \nThe term qualified higher education expenses has the meaning given such term by section 529(e)(3) (without regard to subparagraph (B) thereof). Such expenses shall be reduced in the same manner as under section 25A(f)(2).. (C) Section 222(d) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Room and board included for students who are full-time \nNo amount shall be taken into account under this section for an expense described in section 529(e)(3)(B) (relating to room and board included for students who are at least half-time) unless such individual is an eligible student (as defined in section 25A(b)(3), determined by substituting the normal full-time work load in lieu of 1/2 the normal full-time work load in subparagraph (B) thereof.. (D) The heading for section 222 of such Code is amended by striking TUITION AND RELATED and inserting HIGHER EDUCATION. (E) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by amending the item relating to section 222 to read as follows: Sec. 222. Qualified higher education expenses. (6) (A) Section 6724(d) of such Code is amended— (i) in paragraph (1)(B)(x) by striking qualified tuition and related expenses and inserting qualified higher education expenses , and (ii) in paragraph (2)(Z) by striking qualified tuition and related expenses and inserting qualified higher education expenses. (c) Effective date \nThe amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2003, for education furnished in periods beginning after such date.", "id": "HBAB76C3DF5CF4A6E8EC772560001123F", "header": "Uniform definition of qualifying higher education expenses", "nested": [ { "text": "(a) In general \nParagraph (3) of section 529(e) of such Code (relating to other definitions and special rules) is amended to read as follows: (3) Qualified higher education expenses \n(A) In general \nThe term qualified higher education expenses means— (i) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution; and (ii) expenses for special needs services in the case of a special needs beneficiary which are incurred in connection with such enrollment or attendance. (B) Room and board included for students who are at least half-time \n(i) In general \nIn the case of an individual who is an eligible student for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(7), a designated beneficiary shall be treated as meeting the requirements of this clause. (ii) Limitation \nThe amount treated as qualified higher education expenses by reason of clause (i) shall not exceed— (I) the allowance (applicable to the student) for room and board included in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087 ll ), as in effect on the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001) as determined by the eligible educational institution for such period, or (II) if greater, the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period. (iii) Eligible student \nFor purposes of this subparagraph, the term eligible student means, with respect to any academic period, a student who— (I) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(a)(1) ), as in effect on the date of the enactment of this section, and (II) is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing. (C) Exceptions \n(i) Exception for education involving sports, etc \nSuch term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. (ii) Exception for nonacademic fees \nSuch term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual’s academic course of instruction..", "id": "HA550E738E0734B0A941C02862D73D499", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" } ] }, { "text": "(b) Conforming amendments \n(1) Section 25A and 6050S of such Code are each amended by striking qualified tuition and related expenses each place it appears and inserting qualified higher education expenses. (2) Section 25A(e)(1) of such Code (as amended by this Act) is amended to read as follows: (1) Qualified higher education expenses \nThe term qualified higher education expenses means the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) required for the enrollment or attendance of— (A) the taxpayer, (B) the taxpayer’s spouse, or (C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.. (3) Section 135(c)(2) of such Code is amended— (A) by striking tuition and fees and inserting the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) , and (B) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (4) Section 221(d)(2) of such Code is amended by striking the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 , 20 U.S.C. 1087ll , as in effect on the day before the date of the enactment of this Act) and inserting the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) incurred for attendance. (5) (A) Section 222 of such Code is amended by striking qualified tuition and related expenses each place it appears and inserting qualified higher education expenses. (B) Section 222(d)(1) of such Code is amended to read as follows: (1) Qualified higher education expenses \nThe term qualified higher education expenses has the meaning given such term by section 529(e)(3) (without regard to subparagraph (B) thereof). Such expenses shall be reduced in the same manner as under section 25A(f)(2).. (C) Section 222(d) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Room and board included for students who are full-time \nNo amount shall be taken into account under this section for an expense described in section 529(e)(3)(B) (relating to room and board included for students who are at least half-time) unless such individual is an eligible student (as defined in section 25A(b)(3), determined by substituting the normal full-time work load in lieu of 1/2 the normal full-time work load in subparagraph (B) thereof.. (D) The heading for section 222 of such Code is amended by striking TUITION AND RELATED and inserting HIGHER EDUCATION. (E) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by amending the item relating to section 222 to read as follows: Sec. 222. Qualified higher education expenses. (6) (A) Section 6724(d) of such Code is amended— (i) in paragraph (1)(B)(x) by striking qualified tuition and related expenses and inserting qualified higher education expenses , and (ii) in paragraph (2)(Z) by striking qualified tuition and related expenses and inserting qualified higher education expenses.", "id": "HB14131647F9B4DF889E60091DB6D5974", "header": "Conforming amendments", "nested": [], "links": [ { "text": "20 U.S.C. 1087ll", "legal-doc": "usc", "parsable-cite": "usc/20/1087ll" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2003, for education furnished in periods beginning after such date.", "id": "H3007887A6E4246E8A654EDFFE4E27760", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1091(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1091" }, { "text": "20 U.S.C. 1087ll", "legal-doc": "usc", "parsable-cite": "usc/20/1087ll" } ] } ]

[ "College costs", "Education", "Higher education", "Income tax", "Labor and Employment", "Tax credits", "Vocational and technical education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Material Support to Terrorism Prohibition Enhancement Act of 2004.", "id": "H164AF4923D504DA3A8C6ABB24BD3F300", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Receiving military-type training from a foreign terrorist organization \n(a) Prohibition as to citizens and residents \nChapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section: 2339D. Receiving military-type training from a foreign terrorist organization \n(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). (c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.. (b) Inadmissibility of aliens who have received military-type training from terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclauses (V) and (VI), by striking or at the end; (2) in subclause (VII), by adding or at the end; and (3) by inserting after subclause (VII) the following: (VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi);. (c) Inadmissibility of representatives and members of terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclause (IV), by amending item (aa) to read as follows: (aa) a terrorist organization, as defined in clause (vi), or ; and (2) by amending subclause (V) to read as follows: (V) is a member of a terrorist organization, as defined in subclause (I) or (II) of clause (vi), or of an organization which the alien knows or should have known is a terrorist organization,. (d) Deportation of aliens who have received military-type training from terrorist organizations \nSection 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4) ) is amended by adding at the end the following: (E) Recipient of military-type training \nAny alien who has received military-type training (as defined in section 2339d(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(b)(vi), is deportable.. (e) Retroactive application \nThe amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occurring before, on, or after the date of the enactment of this Act.", "id": "HD34D404481CB4CE3AD623506A0E0FDC", "header": "Receiving military-type training from a foreign terrorist organization", "nested": [ { "text": "(a) Prohibition as to citizens and residents \nChapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section: 2339D. Receiving military-type training from a foreign terrorist organization \n(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). (c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act..", "id": "H78E83F17C5BE445891DA2C4CC6FCFBED", "header": "Prohibition as to citizens and residents", "nested": [], "links": [ { "text": "Chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" } ] }, { "text": "(b) Inadmissibility of aliens who have received military-type training from terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclauses (V) and (VI), by striking or at the end; (2) in subclause (VII), by adding or at the end; and (3) by inserting after subclause (VII) the following: (VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi);.", "id": "H7BEEFAFF9EEC40BC85006BCA460270C0", "header": "Inadmissibility of aliens who have received military-type training from terrorist organizations", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "section 2339D(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339D" } ] }, { "text": "(c) Inadmissibility of representatives and members of terrorist organizations \nSection 212(a)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(i) ) is amended— (1) in subclause (IV), by amending item (aa) to read as follows: (aa) a terrorist organization, as defined in clause (vi), or ; and (2) by amending subclause (V) to read as follows: (V) is a member of a terrorist organization, as defined in subclause (I) or (II) of clause (vi), or of an organization which the alien knows or should have known is a terrorist organization,.", "id": "HE53782E0C69748D98403003749149FD6", "header": "Inadmissibility of representatives and members of terrorist organizations", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(d) Deportation of aliens who have received military-type training from terrorist organizations \nSection 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(4) ) is amended by adding at the end the following: (E) Recipient of military-type training \nAny alien who has received military-type training (as defined in section 2339d(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(b)(vi), is deportable..", "id": "H98C31EA2E99A4209895073A0B3ABE692", "header": "Deportation of aliens who have received military-type training from terrorist organizations", "nested": [], "links": [ { "text": "8 U.S.C. 1227(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" }, { "text": "section 2339d(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339d" } ] }, { "text": "(e) Retroactive application \nThe amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occurring before, on, or after the date of the enactment of this Act.", "id": "HAAEB9ACCA0E2483200A2275F924EFD45", "header": "Retroactive application", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 113B", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/113B" }, { "text": "8 U.S.C. 1182(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "section 2339D(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339D" }, { "text": "8 U.S.C. 1182(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" }, { "text": "section 2339d(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339d" } ] }, { "text": "2339D. Receiving military-type training from a foreign terrorist organization \n(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). (c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.", "id": "HA667C41B96E249368B6E1BDA5E935017", "header": "Receiving military-type training from a foreign terrorist organization", "nested": [ { "text": "(a) Offense \nWhoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).", "id": "H9CEE956D179A416D9701BBC205DCA6E", "header": "Offense", "nested": [], "links": [] }, { "text": "(b) Extraterritorial jurisdiction \nThere is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).", "id": "HC7F51242091049928BFE7221A0A2C88", "header": "Extraterritorial jurisdiction", "nested": [], "links": [] }, { "text": "(c) Definitions \nAs used in this section— (1) the term military-type training includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); (2) the term serious bodily injury has the meaning given that term in section 1365(h)(3); (3) the term critical infrastructure means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term foreign terrorist organization means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.", "id": "HB3BEC9ACEF3B4956A23ECDC2055D8C79", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Providing material support to terrorism \n(a) Additions to offense of providing material support to terrorists \nSection 2339A(a) of title 18, United States Code, is amended— (1) by designating the first sentence as paragraph (1); (2) by designating the second sentence as paragraph (3); (3) by inserting after paragraph (1) as so designated by this subsection the following: (2) (A) Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph. (B) The circumstances referred to in subparagraph (A) are any of the following: (i) The offense occurs in or affects interstate or foreign commerce. (ii) The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States. (iii) The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (iv) An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (v) An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (vi) An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States. (vii) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph. ; and (4) by inserting act or after underlying. (b) Definitions \nSection 2339A(b) of title 18, United States Code, is amended— (1) by striking In this and inserting (1) In this ; (2) by inserting any property, tangible or intangible, or service, including after means ; (3) by inserting (one or more individuals who may be or include oneself) after personnel ; (4) by inserting and before transportation ; (5) by striking and other physical assets ; and (6) by adding at the end the following: (2) As used in this subsection, the term training means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term expert advice or assistance means advice or assistance derived from scientific, technical or other specialized knowledge.. (c) Addition to offense of providing material support to terrorist organizations \nSection 2339B(a)(1) of title 18, United States Code, is amended— (1) by striking , within the United States or subject to the jurisdiction of the United States, and inserting in a circumstance described in paragraph (2) ; and (2) by adding at the end the following: To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.. (d) Federal authority \nSection 2339B(d) of title 18 is amended— (1) by inserting (1) before There ; and (2) by adding at the end the following: (2) The circumstances referred to in paragraph (1) are any of the following: (A) An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act. (B) An offender is a stateless person whose habitual residence is in the United States. (C) After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. (D) The offense occurs in whole or in part within the United States. (E) The offense occurs in or affects interstate or foreign commerce. (F) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).. (e) Definition \nParagraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows: (4) the term material support or resources has the same meaning given that term in section 2339A;. (f) Additional provisions \nSection 2339B of title 18, United States Code, is amended by adding at the end the following: (h) Provision of personnel \nNo person may be prosecuted under this section in connection with the term personnel unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control. (i) Rule of construction \nNothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States..", "id": "H8B4AE068A1E545BD83A56EC06F522100", "header": "Providing material support to terrorism", "nested": [ { "text": "(a) Additions to offense of providing material support to terrorists \nSection 2339A(a) of title 18, United States Code, is amended— (1) by designating the first sentence as paragraph (1); (2) by designating the second sentence as paragraph (3); (3) by inserting after paragraph (1) as so designated by this subsection the following: (2) (A) Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph. (B) The circumstances referred to in subparagraph (A) are any of the following: (i) The offense occurs in or affects interstate or foreign commerce. (ii) The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States. (iii) The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (iv) An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (v) An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. (vi) An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States. (vii) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph. ; and (4) by inserting act or after underlying.", "id": "H8C2058BC2A56485490A17F273D9FDD12", "header": "Additions to offense of providing material support to terrorists", "nested": [], "links": [ { "text": "Section 2339A(a)", "legal-doc": "usc", "parsable-cite": "usc/18/2339A" } ] }, { "text": "(b) Definitions \nSection 2339A(b) of title 18, United States Code, is amended— (1) by striking In this and inserting (1) In this ; (2) by inserting any property, tangible or intangible, or service, including after means ; (3) by inserting (one or more individuals who may be or include oneself) after personnel ; (4) by inserting and before transportation ; (5) by striking and other physical assets ; and (6) by adding at the end the following: (2) As used in this subsection, the term training means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term expert advice or assistance means advice or assistance derived from scientific, technical or other specialized knowledge..", "id": "H0E1E6ECFFD0D4BF8B205189D00E600B0", "header": "Definitions", "nested": [], "links": [ { "text": "Section 2339A(b)", "legal-doc": "usc", "parsable-cite": "usc/18/2339A" } ] }, { "text": "(c) Addition to offense of providing material support to terrorist organizations \nSection 2339B(a)(1) of title 18, United States Code, is amended— (1) by striking , within the United States or subject to the jurisdiction of the United States, and inserting in a circumstance described in paragraph (2) ; and (2) by adding at the end the following: To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989..", "id": "HD20431889D5B4055A72358FDF20259E7", "header": "Addition to offense of providing material support to terrorist organizations", "nested": [], "links": [ { "text": "Section 2339B(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" } ] }, { "text": "(d) Federal authority \nSection 2339B(d) of title 18 is amended— (1) by inserting (1) before There ; and (2) by adding at the end the following: (2) The circumstances referred to in paragraph (1) are any of the following: (A) An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act. (B) An offender is a stateless person whose habitual residence is in the United States. (C) After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. (D) The offense occurs in whole or in part within the United States. (E) The offense occurs in or affects interstate or foreign commerce. (F) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a)..", "id": "HA2AEAABD05D045188BCE610356FE5DB0", "header": "Federal authority", "nested": [], "links": [ { "text": "Section 2339B(d)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" }, { "text": "8 U.S.C. 1101(a)(22)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(e) Definition \nParagraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows: (4) the term material support or resources has the same meaning given that term in section 2339A;.", "id": "H76D200BA0F05417A94E7F789A1FB287F", "header": "Definition", "nested": [], "links": [ { "text": "section 2339B(g)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" } ] }, { "text": "(f) Additional provisions \nSection 2339B of title 18, United States Code, is amended by adding at the end the following: (h) Provision of personnel \nNo person may be prosecuted under this section in connection with the term personnel unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization’s direction and control. (i) Rule of construction \nNothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States..", "id": "H699B903A28F24BCC8EA644F58962F9D0", "header": "Additional provisions", "nested": [], "links": [ { "text": "Section 2339B", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" } ] } ], "links": [ { "text": "Section 2339A(a)", "legal-doc": "usc", "parsable-cite": "usc/18/2339A" }, { "text": "Section 2339A(b)", "legal-doc": "usc", "parsable-cite": "usc/18/2339A" }, { "text": "Section 2339B(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" }, { "text": "Section 2339B(d)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" }, { "text": "8 U.S.C. 1101(a)(22)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "section 2339B(g)", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" }, { "text": "Section 2339B", "legal-doc": "usc", "parsable-cite": "usc/18/2339B" } ] }, { "text": "4. Financing of terrorism \n(a) Financing terrorism \nSection 2339c(c)(2) of title 18, United States Code, is amended— (1) by striking , resources, or funds and inserting or resources, or any funds or proceeds of such funds ; (2) in subparagraph (A), by striking were provided and inserting are to be provided, or knowing that the support or resources were provided, ; and (3) in subparagraph (B)— (A) by striking or any proceeds of such funds ; and (B) by striking were provided or collected and inserting are to be provided or collected, or knowing that the funds were provided or collected,. (b) Definitions \nSection 2339c(e) of title 18, United States Code, is amended— (1) by striking and at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: (13) the term material support or resources has the same meaning given that term in section 2339B(g)(4) of this title; and.", "id": "H4837594E897B45BDB5577400005FA27D", "header": "Financing of terrorism", "nested": [ { "text": "(a) Financing terrorism \nSection 2339c(c)(2) of title 18, United States Code, is amended— (1) by striking , resources, or funds and inserting or resources, or any funds or proceeds of such funds ; (2) in subparagraph (A), by striking were provided and inserting are to be provided, or knowing that the support or resources were provided, ; and (3) in subparagraph (B)— (A) by striking or any proceeds of such funds ; and (B) by striking were provided or collected and inserting are to be provided or collected, or knowing that the funds were provided or collected,.", "id": "H0BD9B57FD5044075B1EDDF2F557CC353", "header": "Financing terrorism", "nested": [], "links": [ { "text": "Section 2339c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/2339c" } ] }, { "text": "(b) Definitions \nSection 2339c(e) of title 18, United States Code, is amended— (1) by striking and at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: (13) the term material support or resources has the same meaning given that term in section 2339B(g)(4) of this title; and.", "id": "H1633B0A53B1C458680A83192DCDD94E3", "header": "Definitions", "nested": [], "links": [ { "text": "Section 2339c(e)", "legal-doc": "usc", "parsable-cite": "usc/18/2339c" } ] } ], "links": [ { "text": "Section 2339c(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/18/2339c" }, { "text": "Section 2339c(e)", "legal-doc": "usc", "parsable-cite": "usc/18/2339c" } ] } ]

[ "Admission of nonimmigrants", "Aliens", "Armed Forces and National Security", "Conspiracy", "Deportation", "EBB Terrorism", "Evidence (Law)", "Extraterritoriality", "Finance and Financial Sector", "Fines (Penalties)", "Foreign Trade and International Finance", "Fund raising", "Immigrants", "Immigration", "International Affairs", "Jurisdiction", "Labor and Employment", "Law", "Military training", "Prosecution", "Terrorism", "Visas" ]

[ { "text": "1. SHORT TITLE \nThis Act may be cited as the Haitian Refugee Protection Act.", "id": "HBD26EBF2C178457D93CE1F641E4E008E", "header": "SHORT TITLE", "nested": [], "links": [] }, { "text": "2. Deadline for Designation of Haiti \n(a) Designation \nNot later than March 5, 2004, the Secretary of Homeland Security shall designate Haiti under section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ). (b) Special Rule for Eligibility \nNotwithstanding section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) ), no alien shall be eligible for temporary protected status pursuant to the designation made under subsection (a) unless the alien was physically present in the United States on February 25, 2004.", "id": "H22F2152184644A3FAB54C4E74294DDF", "header": "Deadline for Designation of Haiti", "nested": [ { "text": "(a) Designation \nNot later than March 5, 2004, the Secretary of Homeland Security shall designate Haiti under section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ).", "id": "H525A8CA93F774110A8B4E92F196F965C", "header": "Designation", "nested": [], "links": [ { "text": "8 U.S.C. 1254a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "(b) Special Rule for Eligibility \nNotwithstanding section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) ), no alien shall be eligible for temporary protected status pursuant to the designation made under subsection (a) unless the alien was physically present in the United States on February 25, 2004.", "id": "H0BEDDEA9771C4A629D5BE048199100CF", "header": "Special Rule for Eligibility", "nested": [], "links": [ { "text": "8 U.S.C. 1254a(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] } ], "links": [ { "text": "8 U.S.C. 1254a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] } ]

[ "Admission of nonimmigrants", "Aliens", "Caribbean area", "Haiti", "Haiti compilation", "Haitians", "Latin America", "Refugees", "Residence requirements" ]

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the Northeast Regional Development Commission Act of 2004. (b) Findings \nCongress finds the following: (1) The northeastern border region of the Nation, while abundant in natural resources and rich in potential, lags behind much of the Nation in its economic growth, and its people have not shared properly in the Nation's prosperity. (2) The region's historic reliance on a few basic industries and agriculture has failed to provide an adequate economic base for vigorous, self-sustaining growth. (3) Manufacturing sector losses and out migration in the region have contributed greatly to the region’s difficulties in entrepreneurial development and sustainability. (4) State and local governments and the people of the region have made progress in addressing the region's economic problems and will continue to work purposefully toward their solution. (5) Economic development of the region is feasible, desirable, and urgently needed. (6) Providing Federal assistance to the region is necessary to address the region's special economic problems and promote its economic development on a coordinated and concerted regional basis. (7) In directing Federal assistance to the region, the traditional industries of the region should be preserved, including the manufacturing, tourism, forestry, natural resources, agriculture, alternative transportation, snowmobiling, and recreation industries. In addition, it is desirable to support growing industries such as the creative economy. (8) In directing Federal assistance to the region, the historic character, recreational value, ecological integrity, and productive capacity of the historic forestlands are valuable resources that should be preserved to maximize prosperity in the region.", "id": "H6F54B3FF03464ED09C717C337FF7A934", "header": "Short title; findings", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Northeast Regional Development Commission Act of 2004.", "id": "H906DC01FF4F74ED9996D2038964B8DC7", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Findings \nCongress finds the following: (1) The northeastern border region of the Nation, while abundant in natural resources and rich in potential, lags behind much of the Nation in its economic growth, and its people have not shared properly in the Nation's prosperity. (2) The region's historic reliance on a few basic industries and agriculture has failed to provide an adequate economic base for vigorous, self-sustaining growth. (3) Manufacturing sector losses and out migration in the region have contributed greatly to the region’s difficulties in entrepreneurial development and sustainability. (4) State and local governments and the people of the region have made progress in addressing the region's economic problems and will continue to work purposefully toward their solution. (5) Economic development of the region is feasible, desirable, and urgently needed. (6) Providing Federal assistance to the region is necessary to address the region's special economic problems and promote its economic development on a coordinated and concerted regional basis. (7) In directing Federal assistance to the region, the traditional industries of the region should be preserved, including the manufacturing, tourism, forestry, natural resources, agriculture, alternative transportation, snowmobiling, and recreation industries. In addition, it is desirable to support growing industries such as the creative economy. (8) In directing Federal assistance to the region, the historic character, recreational value, ecological integrity, and productive capacity of the historic forestlands are valuable resources that should be preserved to maximize prosperity in the region.", "id": "H2727175C058045508E73DD771C008077", "header": "Findings", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act, the following definitions apply: (1) Commission \nThe term Commission means the Northeast Regional Development Commission established by section 3. (2) Federal grant program \nThe term Federal grant program means a Federal grant program to provide assistance in carrying out economic and community development activities. (3) Non-profit entity \nThe term non-profit entity means any entity with tax-exempt or non-profit status, as defined by the Internal Revenue Service. (4) Region \nThe term region means the area covered by the Commission (as described in section 15).", "id": "H1A066AF0857A4C79A3B031E2EA258CEE", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Northeast Regional Development Commission \n(a) Establishment \n(1) In general \nThere is established the Northeast Regional Development Commission. (2) Composition \nThe Commission shall be composed of— (A) a Federal member, to be appointed by the President, with the advice and consent of the Senate; and (B) the Governor of each State in the region that elects to participate in the Commission. (3) Cochairpersons \nThe Commission shall be headed by— (A) the Federal member, who shall serve— (i) as the Federal cochairperson; and (ii) as a liaison between the Federal Government and the Commission; and (B) a State cochairperson, who— (i) shall be a Governor of a participating State in the region; and (ii) shall be elected by the State members for a term of not less than 1 year. (b) Alternate members \n(1) State alternates \n(A) Appointment \nThe State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the Governor’s cabinet or personal staff. (B) Voting \nAn alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. (2) Alternate Federal cochairperson \nThe President shall appoint an alternate Federal cochairperson. (3) Quorum \n(A) In general \nSubject to the requirements of this paragraph, the Commission shall determine what constitutes a quorum of the Commission. (B) Federal cochairperson \nThe Federal cochairperson or the Federal cochairperson’s designee must be present for the establishment of a quorum of the Commission. (C) State alternates \nA State alternate shall not be counted toward the establishment of a quorum of the Commission. (4) Delegation of power \nNo power or responsibility of the Commission specified in paragraphs (3) and (4) of subsection (c), and no voting right of any Commission member, shall be delegated to any person— (A) who is not a Commission member; or (B) who is not entitled to vote in Commission meetings. (c) Decisions \n(1) Requirements for approval \nExcept as provided in subsection (g), decisions by the Commission shall require the affirmative vote of the Federal cochairperson and of a majority of the State members, exclusive of members representing States delinquent under subsection (g)(2)(C). (2) Consultation \nIn matters coming before the Commission, the Federal cochairperson, to the extent practicable, shall consult with the Federal departments and agencies having an interest in the subject matter. (3) Decisions requiring quorum of State members \nThe following decisions may not be made without a quorum of State members: (A) A decision involving Commission policy. (B) Approval of State, regional, or subregional development plans or strategy statements. (C) Modification or revision of the Commission’s code. (D) Allocation of amounts among the States. (4) Project and grant proposals \nThe approval of project and grant proposals is a responsibility of the Commission and shall be carried out in accordance with section 9. (d) Duties \nThe Commission shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; (2) not later than 365 days after the date of enactment of this Act, establish priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and capital assets of the region based on available research, demonstration projects, assessments, and evaluations of the region prepared by Federal, State, or local agencies, local development districts, and any other relevant source; (4) (A) enhance the capacity of, and provide support for, local development districts in the region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (5) allow the participation of representatives of local development districts, and other appropriate organizations as approved by the Commission, in all proceedings of the Commission conducted under subsection (e)(1), either in-person or through interactive telecommunications; (6) encourage private investment in industrial, commercial, and other economic development projects in the region; and (7) not later than 365 days after the date of enactment of this Act, initiate a special resource study for the north woods of Maine, which study— (A) shall be carried out in cooperation with appropriate local, State, and Federal officials; and (B) shall examine land use, ownership, and development trends and propose options for future management, ownership, conservation, and development of land to maximize job creation and ecological value. (e) Administration \nIn carrying out subsection (d), the Commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate; (2) authorize, through the Federal or State cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Commission in carrying out duties of the Commission; (4) adopt, amend, and repeal bylaws and rules governing the conduct of Commission business and the performance of Commission duties; (5) request the head of any Federal department or agency to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State department or agency or local government to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Commission employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts or other transactions as are necessary to carry out Commission duties; (10) establish and maintain a central office located within the Northeast Regional Development Commission region and field offices at such locations as the Commission may select; and (11) provide for an appropriate level of representation in Washington, DC. (f) Federal agency cooperation \nA Federal agency shall— (1) cooperate with the Commission; and (2) provide, on request of the Federal cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses \n(1) In general \nAdministrative expenses of the Commission (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— (A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and (B) by the States in the region participating in the Commission, in an amount equal to 50 percent of the administrative expenses. (2) State share \n(A) In general \nThe share of administrative expenses of the Commission to be paid by each State shall be determined by the Commission. (B) No Federal participation \nThe Federal cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent States \nIf a State is delinquent in payment of the State’s share of administrative expenses of the Commission under this subsection— (i) no assistance under this Act shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Commission from the State shall participate or vote in any action by the Commission. (h) Compensation \n(1) Federal cochairperson \nThe Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. (2) Alternate Federal cochairperson \nThe alternate Federal cochairperson— (A) shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. (3) State members and alternates \n(A) In general \nA State shall compensate each member and alternate representing the State on the Commission at the rate established by law of the State. (B) No additional compensation \nNo State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Commission. (4) Detailed employees \n(A) In general \nNo person detailed to serve the Commission under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Commission from— (i) any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or (ii) the Commission. (B) Violation \nAny person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law \nThe Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Commission under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel \n(A) Compensation \n(i) In general \nThe Commission may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out the duties of the Commission. (ii) Exception \nCompensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director \nThe executive director shall be responsible for— (i) the carrying out of the administrative duties of the Commission; (ii) direction of the Commission staff; and (iii) such other duties as the Commission may assign. (C) No Federal employee status \nNo member, alternate, officer, or employee of the Commission (except the Federal cochairperson of the Commission, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Commission under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest \n(1) In general \nExcept as provided under paragraph (2), no State member, alternate, officer, or employee of the Commission shall participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee any of the following persons has a financial interest: (A) The member, alternate, officer, or employee. (B) The spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee. (C) Any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure \nParagraph (1) shall not apply if the State member, alternate, officer, or employee— (A) immediately advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the State member, alternate, officer, or employee. (3) Violation \nAny person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants \nThe Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code.", "id": "HCA1FC4D205E04E0F99B55EC3447DF839", "header": "Northeast Regional Development Commission", "nested": [ { "text": "(a) Establishment \n(1) In general \nThere is established the Northeast Regional Development Commission. (2) Composition \nThe Commission shall be composed of— (A) a Federal member, to be appointed by the President, with the advice and consent of the Senate; and (B) the Governor of each State in the region that elects to participate in the Commission. (3) Cochairpersons \nThe Commission shall be headed by— (A) the Federal member, who shall serve— (i) as the Federal cochairperson; and (ii) as a liaison between the Federal Government and the Commission; and (B) a State cochairperson, who— (i) shall be a Governor of a participating State in the region; and (ii) shall be elected by the State members for a term of not less than 1 year.", "id": "H297F3E75187647058B6B14FAB5554228", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Alternate members \n(1) State alternates \n(A) Appointment \nThe State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the Governor’s cabinet or personal staff. (B) Voting \nAn alternate shall vote in the event of the absence, death, disability, removal, or resignation of the member for whom the individual is an alternate. (2) Alternate Federal cochairperson \nThe President shall appoint an alternate Federal cochairperson. (3) Quorum \n(A) In general \nSubject to the requirements of this paragraph, the Commission shall determine what constitutes a quorum of the Commission. (B) Federal cochairperson \nThe Federal cochairperson or the Federal cochairperson’s designee must be present for the establishment of a quorum of the Commission. (C) State alternates \nA State alternate shall not be counted toward the establishment of a quorum of the Commission. (4) Delegation of power \nNo power or responsibility of the Commission specified in paragraphs (3) and (4) of subsection (c), and no voting right of any Commission member, shall be delegated to any person— (A) who is not a Commission member; or (B) who is not entitled to vote in Commission meetings.", "id": "H9FD75E0D191F4DE68C00EB3258F44685", "header": "Alternate members", "nested": [], "links": [] }, { "text": "(c) Decisions \n(1) Requirements for approval \nExcept as provided in subsection (g), decisions by the Commission shall require the affirmative vote of the Federal cochairperson and of a majority of the State members, exclusive of members representing States delinquent under subsection (g)(2)(C). (2) Consultation \nIn matters coming before the Commission, the Federal cochairperson, to the extent practicable, shall consult with the Federal departments and agencies having an interest in the subject matter. (3) Decisions requiring quorum of State members \nThe following decisions may not be made without a quorum of State members: (A) A decision involving Commission policy. (B) Approval of State, regional, or subregional development plans or strategy statements. (C) Modification or revision of the Commission’s code. (D) Allocation of amounts among the States. (4) Project and grant proposals \nThe approval of project and grant proposals is a responsibility of the Commission and shall be carried out in accordance with section 9.", "id": "H2299AC6B0A344A3685E655A0DD79006B", "header": "Decisions", "nested": [], "links": [] }, { "text": "(d) Duties \nThe Commission shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; (2) not later than 365 days after the date of enactment of this Act, establish priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and capital assets of the region based on available research, demonstration projects, assessments, and evaluations of the region prepared by Federal, State, or local agencies, local development districts, and any other relevant source; (4) (A) enhance the capacity of, and provide support for, local development districts in the region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (5) allow the participation of representatives of local development districts, and other appropriate organizations as approved by the Commission, in all proceedings of the Commission conducted under subsection (e)(1), either in-person or through interactive telecommunications; (6) encourage private investment in industrial, commercial, and other economic development projects in the region; and (7) not later than 365 days after the date of enactment of this Act, initiate a special resource study for the north woods of Maine, which study— (A) shall be carried out in cooperation with appropriate local, State, and Federal officials; and (B) shall examine land use, ownership, and development trends and propose options for future management, ownership, conservation, and development of land to maximize job creation and ecological value.", "id": "HD162C0E214BB4541B7AAEFB2ABD19342", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Administration \nIn carrying out subsection (d), the Commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate; (2) authorize, through the Federal or State cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Commission in carrying out duties of the Commission; (4) adopt, amend, and repeal bylaws and rules governing the conduct of Commission business and the performance of Commission duties; (5) request the head of any Federal department or agency to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State department or agency or local government to detail to the Commission such personnel as the Commission requires to carry out duties of the Commission, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Commission employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts or other transactions as are necessary to carry out Commission duties; (10) establish and maintain a central office located within the Northeast Regional Development Commission region and field offices at such locations as the Commission may select; and (11) provide for an appropriate level of representation in Washington, DC.", "id": "H53BA7E5EE692485F8243CF4D32B7CDAD", "header": "Administration", "nested": [], "links": [] }, { "text": "(f) Federal agency cooperation \nA Federal agency shall— (1) cooperate with the Commission; and (2) provide, on request of the Federal cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations).", "id": "HE434ABDFEBB5404696BFD1D411B931C9", "header": "Federal agency cooperation", "nested": [], "links": [] }, { "text": "(g) Administrative expenses \n(1) In general \nAdministrative expenses of the Commission (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— (A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and (B) by the States in the region participating in the Commission, in an amount equal to 50 percent of the administrative expenses. (2) State share \n(A) In general \nThe share of administrative expenses of the Commission to be paid by each State shall be determined by the Commission. (B) No Federal participation \nThe Federal cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent States \nIf a State is delinquent in payment of the State’s share of administrative expenses of the Commission under this subsection— (i) no assistance under this Act shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Commission from the State shall participate or vote in any action by the Commission.", "id": "HA9FF67E377E743CDA892A06713C3F8A", "header": "Administrative expenses", "nested": [], "links": [] }, { "text": "(h) Compensation \n(1) Federal cochairperson \nThe Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. (2) Alternate Federal cochairperson \nThe alternate Federal cochairperson— (A) shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. (3) State members and alternates \n(A) In general \nA State shall compensate each member and alternate representing the State on the Commission at the rate established by law of the State. (B) No additional compensation \nNo State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Commission. (4) Detailed employees \n(A) In general \nNo person detailed to serve the Commission under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Commission from— (i) any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or (ii) the Commission. (B) Violation \nAny person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law \nThe Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Commission under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel \n(A) Compensation \n(i) In general \nThe Commission may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out the duties of the Commission. (ii) Exception \nCompensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director \nThe executive director shall be responsible for— (i) the carrying out of the administrative duties of the Commission; (ii) direction of the Commission staff; and (iii) such other duties as the Commission may assign. (C) No Federal employee status \nNo member, alternate, officer, or employee of the Commission (except the Federal cochairperson of the Commission, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Commission under subsection (e)(5)) shall be considered to be a Federal employee for any purpose.", "id": "HCFEAE9B1AA1A420793336DC200D58DEF", "header": "Compensation", "nested": [], "links": [ { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "(i) Conflicts of interest \n(1) In general \nExcept as provided under paragraph (2), no State member, alternate, officer, or employee of the Commission shall participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee any of the following persons has a financial interest: (A) The member, alternate, officer, or employee. (B) The spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee. (C) Any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure \nParagraph (1) shall not apply if the State member, alternate, officer, or employee— (A) immediately advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the State member, alternate, officer, or employee. (3) Violation \nAny person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both.", "id": "H95C6764BFA2E4524A688CCDCFE9085", "header": "Conflicts of interest", "nested": [], "links": [] }, { "text": "(j) Validity of contracts, loans, and grants \nThe Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code.", "id": "H0565EA00FA8645FE9C22ECB4C69E2FF4", "header": "Validity of contracts, loans, and grants", "nested": [], "links": [] } ], "links": [ { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "4. Economic and community development grants \n(a) In general \nThe Commission may approve grants to States, local development districts (as defined in section 6(a)), and public and nonprofit entities for projects, approved in accordance with section 9— (1) to develop the infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); (2) to assist the region in obtaining job training, employment-related education, and business development; (3) to assist the region in community and economic development; (4) to provide assistance to severely distressed and underdeveloped areas; and (5) to otherwise achieve the purposes of this Act. (b) Funding \n(1) In general \nFunds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another State or Federal grant program; or (C) from any other source. (2) Eligible projects \nThe Commission may provide assistance, make grants, enter into contracts, and otherwise provide funds to eligible entities in the region for projects that promote— (A) business development; (B) job training or employment-related education; (C) local planning and leadership development; (D) basic public infrastructure, including high-tech infrastructure and productive natural resource conservation; (E) information and technical assistance for the modernization and diversification of the forest products industry to support value-added forest products enterprises; (F) forest-related cultural, nature-based, and heritage tourism; and (G) any other project facilitating economic development in the region. (3) Federal share \nNotwithstanding any provision of law limiting the Federal share in any grant program, funds appropriated to carry out this section may be used to increase a Federal share in a grant program, as the Commission determines appropriate.", "id": "H1C114A54E15A4705B20087F6E348E00", "header": "Economic and community development grants", "nested": [ { "text": "(a) In general \nThe Commission may approve grants to States, local development districts (as defined in section 6(a)), and public and nonprofit entities for projects, approved in accordance with section 9— (1) to develop the infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); (2) to assist the region in obtaining job training, employment-related education, and business development; (3) to assist the region in community and economic development; (4) to provide assistance to severely distressed and underdeveloped areas; and (5) to otherwise achieve the purposes of this Act.", "id": "H535073A4C5B24047A73C54FAA2755DF0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Funding \n(1) In general \nFunds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another State or Federal grant program; or (C) from any other source. (2) Eligible projects \nThe Commission may provide assistance, make grants, enter into contracts, and otherwise provide funds to eligible entities in the region for projects that promote— (A) business development; (B) job training or employment-related education; (C) local planning and leadership development; (D) basic public infrastructure, including high-tech infrastructure and productive natural resource conservation; (E) information and technical assistance for the modernization and diversification of the forest products industry to support value-added forest products enterprises; (F) forest-related cultural, nature-based, and heritage tourism; and (G) any other project facilitating economic development in the region. (3) Federal share \nNotwithstanding any provision of law limiting the Federal share in any grant program, funds appropriated to carry out this section may be used to increase a Federal share in a grant program, as the Commission determines appropriate.", "id": "H1E115D3FEB9D499A8115994E6DF40844", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Supplements to Federal grant programs \n(a) Federal grant program funding \nIn accordance with subsection (b), the Federal cochairperson may use amounts made available to carry out this Act, without regard to any limitations on areas eligible for assistance or authorizations for appropriation under any other Act, to fund all or any portion of the basic Federal contribution to a project or activity under a Federal grant program in the region in an amount that is above the fixed maximum portion of the cost of the project otherwise authorized by applicable law, but not to exceed 80 percent of the costs of the project. (b) Certification \n(1) In general \nIn the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant program is proposed to be made under this section, no Federal contribution shall be made until the Federal official administering the Federal law authorizing the contribution certifies that the program or project— (A) meets the applicable requirements of the applicable Federal grant law; and (B) could be approved for Federal contribution under the law if funds were available under the law for the program or project. (2) Certification by Commission \n(A) In general \nThe certifications and determinations required to be made by the Commission for approval of projects under this Act in accordance with section 9— (i) shall be controlling; and (ii) shall be accepted by the Federal agencies. (B) Acceptance by Federal cochairperson \nAny finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant program shall be accepted by the Federal cochairperson with respect to a supplemental grant for any project under the program.", "id": "H28764C13D4D84819BD91439384E313A2", "header": "Supplements to Federal grant programs", "nested": [ { "text": "(a) Federal grant program funding \nIn accordance with subsection (b), the Federal cochairperson may use amounts made available to carry out this Act, without regard to any limitations on areas eligible for assistance or authorizations for appropriation under any other Act, to fund all or any portion of the basic Federal contribution to a project or activity under a Federal grant program in the region in an amount that is above the fixed maximum portion of the cost of the project otherwise authorized by applicable law, but not to exceed 80 percent of the costs of the project.", "id": "HCEC2ADC2DFBA4EC400B5FF27500F791", "header": "Federal grant program funding", "nested": [], "links": [] }, { "text": "(b) Certification \n(1) In general \nIn the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant program is proposed to be made under this section, no Federal contribution shall be made until the Federal official administering the Federal law authorizing the contribution certifies that the program or project— (A) meets the applicable requirements of the applicable Federal grant law; and (B) could be approved for Federal contribution under the law if funds were available under the law for the program or project. (2) Certification by Commission \n(A) In general \nThe certifications and determinations required to be made by the Commission for approval of projects under this Act in accordance with section 9— (i) shall be controlling; and (ii) shall be accepted by the Federal agencies. (B) Acceptance by Federal cochairperson \nAny finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant program shall be accepted by the Federal cochairperson with respect to a supplemental grant for any project under the program.", "id": "HEE057D04608A4A6288F292D34403AE2C", "header": "Certification", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Local development districts; certification and administrative expenses \n(a) Definition of local development district \nIn this section, the term local development district means an entity designated by the State that— (1) is— (A) (i) a planning district in existence on the date of enactment of this Act that is recognized by the Economic Development Administration of the Department of Commerce; or (ii) a development district recognized by the State; or (B) if an entity described in subparagraph (A)(i) or (A)(ii) does not exist, an entity designated by the Commission that satisfies the criteria developed by the Economic Development Administration for a local development district; and (2) has not, as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to local development districts \n(1) In general \nThe Commission may make grants for administrative expenses under this section. (2) Conditions for grants \n(A) Maximum amount \nThe amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Local share \nThe contributions of a local development district for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services. (c) Duties of local development districts \nA local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— (A) are involved in multijurisdictional planning; (B) provide technical assistance to local jurisdictions and potential grantees; and (C) provide leadership and civic development assistance.", "id": "H190863BB3D4343A8AE353D170648C6C8", "header": "Local development districts; certification and administrative expenses", "nested": [ { "text": "(a) Definition of local development district \nIn this section, the term local development district means an entity designated by the State that— (1) is— (A) (i) a planning district in existence on the date of enactment of this Act that is recognized by the Economic Development Administration of the Department of Commerce; or (ii) a development district recognized by the State; or (B) if an entity described in subparagraph (A)(i) or (A)(ii) does not exist, an entity designated by the Commission that satisfies the criteria developed by the Economic Development Administration for a local development district; and (2) has not, as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity.", "id": "H5B947DBC54284F6DB981C47771D16ED4", "header": "Definition of local development district", "nested": [], "links": [] }, { "text": "(b) Grants to local development districts \n(1) In general \nThe Commission may make grants for administrative expenses under this section. (2) Conditions for grants \n(A) Maximum amount \nThe amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Local share \nThe contributions of a local development district for administrative expenses may be in cash or in kind, fairly evaluated, including space, equipment, and services.", "id": "H527AB126A1704A68ABB62CE396A7D125", "header": "Grants to local development districts", "nested": [], "links": [] }, { "text": "(c) Duties of local development districts \nA local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— (A) are involved in multijurisdictional planning; (B) provide technical assistance to local jurisdictions and potential grantees; and (C) provide leadership and civic development assistance.", "id": "H1F74202BFDFA419081E76FA538D62359", "header": "Duties of local development districts", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Development planning process \n(a) State development plan \nIn accordance with policies established by the Commission, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan \nA State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3(d)(2). (c) Consultation \nIn carrying out the development planning process, a State shall— (1) consult with— (A) local development districts; (B) local units of government; and (C) institutions of higher learning; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation \nThe Commission and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this Act.", "id": "HAA14890421DC4E31B6AC7543471CD7DA", "header": "Development planning process", "nested": [ { "text": "(a) State development plan \nIn accordance with policies established by the Commission, each State member shall submit a development plan for the area of the region represented by the State member.", "id": "H968F6D94931E42ED88A8401D5BCED29B", "header": "State development plan", "nested": [], "links": [] }, { "text": "(b) Content of plan \nA State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3(d)(2).", "id": "HD8B6D7C0A05E4A4898E0F6CC3801A1D5", "header": "Content of plan", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out the development planning process, a State shall— (1) consult with— (A) local development districts; (B) local units of government; and (C) institutions of higher learning; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1).", "id": "H2E81C3B6739F4F5DA938FE6965609915", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Public participation \nThe Commission and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this Act.", "id": "H092808E66C3F46A8938251AB2997FBEA", "header": "Public participation", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Program development criteria \n(a) In general \nIn considering programs and projects to be provided assistance under this Act, and in establishing a priority ranking of the requests for assistance provided by the Commission, the Commission shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project to overall regional development; (2) the per capita income and poverty and unemployment rates and other socioeconomic indicators in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project in relation to other projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance \nNo financial assistance authorized by this Act shall be used to assist an establishment in relocating from 1 area to another. (c) Reduction of funds \nFunds may be provided for a program or project in a State under this Act only if the Commission determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this Act.", "id": "H97533084DDA0407591176CFD30C4C466", "header": "Program development criteria", "nested": [ { "text": "(a) In general \nIn considering programs and projects to be provided assistance under this Act, and in establishing a priority ranking of the requests for assistance provided by the Commission, the Commission shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project to overall regional development; (2) the per capita income and poverty and unemployment rates and other socioeconomic indicators in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project in relation to other projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated.", "id": "HD41EA8D183F2484D92DD72E6D473922E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No relocation assistance \nNo financial assistance authorized by this Act shall be used to assist an establishment in relocating from 1 area to another.", "id": "H528DC38A5A174FCBBEE3F6C915D6E68E", "header": "No relocation assistance", "nested": [], "links": [] }, { "text": "(c) Reduction of funds \nFunds may be provided for a program or project in a State under this Act only if the Commission determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this Act.", "id": "H30FD747317A54BAEBEBA849728D5F6F2", "header": "Reduction of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Approval of development plans and projects \n(a) In general \nA State or regional development plan or any multistate subregional plan that is proposed for development under this Act shall be reviewed by the Commission. (b) Evaluation by State member \nAn application for a grant or any other assistance for a project under this Act shall be made through and evaluated for approval by the State member of the Commission representing the applicant. (c) Certification \nAn application for a grant or other assistance for a project shall be approved only on certification by the State member and Federal cochairperson that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 8; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this Act. (d) Votes for decisions \nUpon certification of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Commission under section 3(c) shall be required for approval of the application.", "id": "H9A57B8B72AF54911BCB5183D0BA5169", "header": "Approval of development plans and projects", "nested": [ { "text": "(a) In general \nA State or regional development plan or any multistate subregional plan that is proposed for development under this Act shall be reviewed by the Commission.", "id": "H1BC97AB5AC0B4270B297C77862DC9996", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Evaluation by State member \nAn application for a grant or any other assistance for a project under this Act shall be made through and evaluated for approval by the State member of the Commission representing the applicant.", "id": "H7F81043049A749EFA0EACA2576344CD7", "header": "Evaluation by State member", "nested": [], "links": [] }, { "text": "(c) Certification \nAn application for a grant or other assistance for a project shall be approved only on certification by the State member and Federal cochairperson that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 8; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this Act.", "id": "H4AB3DEA700FE4504B9A3326D0043DFD", "header": "Certification", "nested": [], "links": [] }, { "text": "(d) Votes for decisions \nUpon certification of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Commission under section 3(c) shall be required for approval of the application.", "id": "HDBE4A4C913454812A26FC0CE62D7927D", "header": "Votes for decisions", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Consent of States \nNothing in this Act requires any State to engage in or accept any program under this Act without the consent of the State.", "id": "HA1C04742CBF1474E909E635E1C4D18DA", "header": "Consent of States", "nested": [], "links": [] }, { "text": "11. Records \n(a) Records of the Commission \n(1) In general \nThe Commission shall maintain accurate and complete records of all transactions and activities of the Commission. (2) Availability \nAll records of the Commission shall be available for audit and examination by the Comptroller General of the United States (including authorized representatives of the Comptroller General). (b) Records of recipients of Federal assistance \n(1) In general \nA recipient of Federal funds under this Act shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Commission. (2) Availability \nAll records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, and the Commission (including authorized representatives of the Comptroller General, and the Commission).", "id": "H572FE51ADF9C48B78D90F24701AE35A2", "header": "Records", "nested": [ { "text": "(a) Records of the Commission \n(1) In general \nThe Commission shall maintain accurate and complete records of all transactions and activities of the Commission. (2) Availability \nAll records of the Commission shall be available for audit and examination by the Comptroller General of the United States (including authorized representatives of the Comptroller General).", "id": "H7CC0B5FDDFF440768D7C00EE137528E7", "header": "Records of the Commission", "nested": [], "links": [] }, { "text": "(b) Records of recipients of Federal assistance \n(1) In general \nA recipient of Federal funds under this Act shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Commission. (2) Availability \nAll records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, and the Commission (including authorized representatives of the Comptroller General, and the Commission).", "id": "HB7FA7B44026040289144282336B506C8", "header": "Records of recipients of Federal assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "12. Annual report \nNot later than 180 days after the end of each fiscal year, the Commission shall submit to the President and to Congress a report describing the activities carried out under this Act.", "id": "HA0A285DE1B4F4586825E54136C69C0D", "header": "Annual report", "nested": [], "links": [] }, { "text": "13. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Commission to carry out this Act $40,000,000 for each of fiscal years 2005 through 2009, to remain available until expended. (b) Administrative expenses \nNot more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Commission.", "id": "H8EC91AD38FD545B198A52FFFCBFB3B8", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the Commission to carry out this Act $40,000,000 for each of fiscal years 2005 through 2009, to remain available until expended.", "id": "H344FA65E5669477C9307D21BF9002849", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Administrative expenses \nNot more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Commission.", "id": "HB443F3A363DC4F85A142583D5E293279", "header": "Administrative expenses", "nested": [], "links": [] } ], "links": [] }, { "text": "14. Termination of Commission \nThis Act shall have no force or effect on or after October 1, 2009.", "id": "H29AD92290B9D4AB090E209DC6F5578B1", "header": "Termination of Commission", "nested": [], "links": [] }, { "text": "15. Area covered by Northeast Regional Development Commission \n(a) In General \nThe Northeast Regional Development Commission region means the area consisting of the following: To Be Supplied (to include all appropriate economically distressed areas and counties in the region). (b) Limitation \nA county or other political subdivision that is eligible for assistance from the Appalachian Regional Commission shall not be eligible for assistance from the Northeast Regional Development Commission.", "id": "H5C0E27EC60B44929AF47BDF93060008C", "header": "Area covered by Northeast Regional Development Commission", "nested": [ { "text": "(a) In General \nThe Northeast Regional Development Commission region means the area consisting of the following: To Be Supplied (to include all appropriate economically distressed areas and counties in the region).", "id": "HCCB17DB5537F407994B39E2B81B14B77", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Limitation \nA county or other political subdivision that is eligible for assistance from the Appalachian Regional Commission shall not be eligible for assistance from the Northeast Regional Development Commission.", "id": "HCD2BC00FAAEE46E3A717AA4866D06F3", "header": "Limitation", "nested": [], "links": [] } ], "links": [] } ]

[ "Advice and consent of the Senate", "Auditing", "Citizen participation", "Colleges", "Commerce", "Community and school", "Community development", "Conflict of interests", "Congress", "Congressional reporting requirements", "Conservation of natural resources", "Depressed areas", "Diversification in industry", "Ecotourism", "Education", "Environmental Protection", "Executive reorganization", "Federal-local relations", "Federal-state relations", "Financial disclosure", "Fines (Penalties)", "Forest products", "Forests, forestry, trees", "Government Operations and Politics", "Government ethics", "Government paperwork", "Governmental investigations", "Governors", "Grants-in-aid", "High technology", "Higher education", "Housing and Community Development", "Infrastructure", "Infrastructure (Economics)", "Intergovernmental fiscal relations", "Job creation", "Labor and Employment", "Land use", "Law", "Lumber trade", "Maine", "Nature conservation", "Nonprofit organizations", "Northeastern States", "Performance measurement", "Planning", "Poverty", "Presidential appointments", "Public Lands and Natural Resources", "Real estate development", "Regional economic development", "Science, Technology, Communications", "Social Welfare", "State employees", "State-local relations", "Tourism", "Unemployment", "Urban affairs", "Vocational and technical education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Vaccine Price Act of 2004.", "id": "HB67D5D75833D49DC8CB79798F3DCFDF8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition against price gouging during a shortage of a covered vaccine \n(a) Prohibition \nNo person shall introduce or deliver for introduction into interstate commerce any covered vaccine with a price in violation of this section. (b) Unlawful price \nThe price of a covered vaccine is in violation of this section if— (1) at the time the vaccine is offered for sale at such price— (A) there is in effect a declaration of a shortage of the vaccine under subsection (c); or (B) the seller knows or has substantial reason to believe there will be a shortage of the vaccine within a period of 60 days, and not later than the end of such period there is in effect a declaration of a shortage of the vaccine under subsection (c); and (2) the price of the vaccine per dose is at least 150 percent of the baseline price of the vaccine per dose (as determined under subsection (d)). (c) Declaration of vaccine shortage \nFor any period for which the Secretary of Health and Human Services determines there will be a shortage of a covered vaccine, the Secretary may declare a shortage of that vaccine for purposes of this Act. (d) Baseline price determination \n(1) In general \nSubject to paragraph (2), the baseline price of a covered vaccine per dose is— (A) the average price of the brand of vaccine per dose offered for sale by the seller on the date that is 60 days before the effective date of the applicable declaration under subsection (c); (B) if the seller did not offer for sale the brand of vaccine on the date described in subparagraph (A), the average price of the brand of vaccine per dose offered by the seller during the 12-month period preceding such date; or (C) if the seller did not offer for sale the brand of vaccine on the date described in paragraph (1)(A) or during the period described in paragraph (1)(B), the price determined by the Secretary under paragraph (3). (2) Exception \nIf the Secretary finds that the average price of a covered vaccine is substantially different at the time of a declaration of a shortage of that vaccine under subsection (c) than the average price of the vaccine during the 12-month period preceding such declaration because of factors wholly unrelated to the causes of the shortage, the Secretary may determine an appropriate baseline price of the vaccine. (3) Timing of determinations by Secretary \nAt the time of declaring a shortage of a covered vaccine under subsection (c), the Secretary shall determine an appropriate baseline price of the vaccine per dose for purposes of paragraph (1)(C) and, if applicable, for purposes of paragraph (2). (e) Penalties \n(1) In general \nAny person who violates subsection (a) shall be imprisoned for not more than 30 days, fined in the amount described in paragraph (2), or both. Each violation of subsection (a) respecting a separate dose of a covered vaccine constitutes a separate offense. (2) Amount \nThe amount of a fine under paragraph (1) shall be, for each dose of covered vaccine sold at a price in violation of this section, 3 times the amount of the difference between such price and the applicable baseline price. (f) Citizen suits \n(1) In general \nExcept as provided in paragraph (2), any person may commence a civil action on his own behalf to compel compliance with subsection (a) against any person (including the United States and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) for any alleged violation of subsection (a). The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to compel compliance with such subsection. (2) Notice required \nNo action may be commenced under this subsection— (A) prior to 30 days after the plaintiff has given notice of the alleged violation (in such manner as the Secretary may require) to the Secretary and to each alleged violator of subsection (a); or (B) if the Secretary or the Attorney General of the United States has commenced and is diligently prosecuting a criminal or civil action in a court of the United States to require each such alleged violator to comply with subsection (a), but in any such civil action in a court of the United States any person may intervene as a matter of right. (3) Intervention \nIn any action under this subsection, the Secretary or the Attorney General of the United States, if not a party, may intervene as a matter of right. (4) Award of costs \nThe court, in issuing any final order in any action brought under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. (g) Action for damages \nIf a person purchases a covered vaccine at a price in violation of this section, the person may bring a civil action against the seller of the vaccine in a district court of the United States to recover— (1) the amount that is 3 times the amount of the difference between such price and the applicable baseline price; and (2) the costs of the action (including reasonable attorney and expert witness fees). (h) No preemption \nNothing in this Act shall be construed as— (1) affecting the authority of a State to regulate the distribution and sale of vaccines; or (2) restricting the right of any person (or class of persons) under any statute or common law to seek enforcement of a requirement relating to the distribution or sale of a vaccine or to seek any other relief. (i) Definitions \nFor purposes of this Act: (1) The term covered vaccine means a vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent. (2) The term Secretary means the Secretary of Health and Human Services.", "id": "HD5D3CE82880345709B1CFA45AB04D6D1", "header": "Prohibition against price gouging during a shortage of a covered vaccine", "nested": [ { "text": "(a) Prohibition \nNo person shall introduce or deliver for introduction into interstate commerce any covered vaccine with a price in violation of this section.", "id": "H420A352CB5A143E1AFD6D0E5BAB2396", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Unlawful price \nThe price of a covered vaccine is in violation of this section if— (1) at the time the vaccine is offered for sale at such price— (A) there is in effect a declaration of a shortage of the vaccine under subsection (c); or (B) the seller knows or has substantial reason to believe there will be a shortage of the vaccine within a period of 60 days, and not later than the end of such period there is in effect a declaration of a shortage of the vaccine under subsection (c); and (2) the price of the vaccine per dose is at least 150 percent of the baseline price of the vaccine per dose (as determined under subsection (d)).", "id": "HB7EC2B1EA83C4C48B303D8E54C524403", "header": "Unlawful price", "nested": [], "links": [] }, { "text": "(c) Declaration of vaccine shortage \nFor any period for which the Secretary of Health and Human Services determines there will be a shortage of a covered vaccine, the Secretary may declare a shortage of that vaccine for purposes of this Act.", "id": "HEA4B7A4300174674B47B504E8FDF737", "header": "Declaration of vaccine shortage", "nested": [], "links": [] }, { "text": "(d) Baseline price determination \n(1) In general \nSubject to paragraph (2), the baseline price of a covered vaccine per dose is— (A) the average price of the brand of vaccine per dose offered for sale by the seller on the date that is 60 days before the effective date of the applicable declaration under subsection (c); (B) if the seller did not offer for sale the brand of vaccine on the date described in subparagraph (A), the average price of the brand of vaccine per dose offered by the seller during the 12-month period preceding such date; or (C) if the seller did not offer for sale the brand of vaccine on the date described in paragraph (1)(A) or during the period described in paragraph (1)(B), the price determined by the Secretary under paragraph (3). (2) Exception \nIf the Secretary finds that the average price of a covered vaccine is substantially different at the time of a declaration of a shortage of that vaccine under subsection (c) than the average price of the vaccine during the 12-month period preceding such declaration because of factors wholly unrelated to the causes of the shortage, the Secretary may determine an appropriate baseline price of the vaccine. (3) Timing of determinations by Secretary \nAt the time of declaring a shortage of a covered vaccine under subsection (c), the Secretary shall determine an appropriate baseline price of the vaccine per dose for purposes of paragraph (1)(C) and, if applicable, for purposes of paragraph (2).", "id": "H46E376B59F91423E96527E972522A63B", "header": "Baseline price determination", "nested": [], "links": [] }, { "text": "(e) Penalties \n(1) In general \nAny person who violates subsection (a) shall be imprisoned for not more than 30 days, fined in the amount described in paragraph (2), or both. Each violation of subsection (a) respecting a separate dose of a covered vaccine constitutes a separate offense. (2) Amount \nThe amount of a fine under paragraph (1) shall be, for each dose of covered vaccine sold at a price in violation of this section, 3 times the amount of the difference between such price and the applicable baseline price.", "id": "HE66192F19F53460600DE9407F7335B33", "header": "Penalties", "nested": [], "links": [] }, { "text": "(f) Citizen suits \n(1) In general \nExcept as provided in paragraph (2), any person may commence a civil action on his own behalf to compel compliance with subsection (a) against any person (including the United States and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) for any alleged violation of subsection (a). The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to compel compliance with such subsection. (2) Notice required \nNo action may be commenced under this subsection— (A) prior to 30 days after the plaintiff has given notice of the alleged violation (in such manner as the Secretary may require) to the Secretary and to each alleged violator of subsection (a); or (B) if the Secretary or the Attorney General of the United States has commenced and is diligently prosecuting a criminal or civil action in a court of the United States to require each such alleged violator to comply with subsection (a), but in any such civil action in a court of the United States any person may intervene as a matter of right. (3) Intervention \nIn any action under this subsection, the Secretary or the Attorney General of the United States, if not a party, may intervene as a matter of right. (4) Award of costs \nThe court, in issuing any final order in any action brought under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate.", "id": "HF0AFBFF7977A430F82B2CA4420A3D716", "header": "Citizen suits", "nested": [], "links": [] }, { "text": "(g) Action for damages \nIf a person purchases a covered vaccine at a price in violation of this section, the person may bring a civil action against the seller of the vaccine in a district court of the United States to recover— (1) the amount that is 3 times the amount of the difference between such price and the applicable baseline price; and (2) the costs of the action (including reasonable attorney and expert witness fees).", "id": "HB1D04503D3084F3C9021FD04B94F38F5", "header": "Action for damages", "nested": [], "links": [] }, { "text": "(h) No preemption \nNothing in this Act shall be construed as— (1) affecting the authority of a State to regulate the distribution and sale of vaccines; or (2) restricting the right of any person (or class of persons) under any statute or common law to seek enforcement of a requirement relating to the distribution or sale of a vaccine or to seek any other relief.", "id": "H4676FD3583724EE2AD722610E6BF5946", "header": "No preemption", "nested": [], "links": [] }, { "text": "(i) Definitions \nFor purposes of this Act: (1) The term covered vaccine means a vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent. (2) The term Secretary means the Secretary of Health and Human Services.", "id": "H19E724529DE94C8185F525037CB2EBF", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Forces and National Security", "Biological warfare", "Citizen lawsuits", "Civil actions and liability", "Consumer protection", "Crime and Law Enforcement", "Damages", "Fines (Penalties)", "Health", "Influenza", "Law", "Legal fees", "Parties to actions", "Price discrimination", "Punitive damages", "Terrorism", "Vaccines" ]

[ { "text": "1. Temporary reduction of duty on potassium sorbate \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: 9902.34.12 Potassium sorbate (CAS No. 24634-61-5) (provided for in subheading 2916.19.10) 1.0% No change No change On or before 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Temporary reduction of duty on potassium sorbate", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.12 Potassium sorbate (CAS No. 24634-61-5) (provided for in subheading 2916.19.10) 1.0% No change No change On or before 12/31/2006.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H597C271226C2475E96A7F11756AAB53F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Director \nThe term Director means the Director of the National Science Foundation. (2) Elementary school and secondary school \nThe terms elementary school and secondary school have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).", "id": "H434D64E53E88423ABE95BF6E5C7C2867", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "3. Establishment of program \nThe Director shall establish a Congressional Medal for Outstanding Contributions in Math and Science Education program, which shall be designed to— (1) recognize private entities for outstanding efforts supporting elementary and secondary schools in improving student achievement in science, technology, engineering, and mathematics; (2) encourage private entities to support elementary and secondary schools to improve and underscore the importance of science, technology, engineering, and mathematics education; and (3) make information about medal recipients available to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public.", "id": "HFFC10536526F4821A078F71CA6F085A3", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "4. Medals \n(a) Finalists \nBeginning not later than 2 years after the date of enactment of this Act, the Director shall annually name as finalists for medals under this Act— (1) not more than 20 private entities with more than 500 employees; and (2) not more than 20 private entities with 500 or fewer employees. Each finalist shall receive a citation describing the basis for the entity achieving status as a finalist. (b) Medal winners \nBeginning not later than 2 years after the date of enactment of this Act, from among finalists named under subsection (a), the Director shall annually award medals under this Act to— (1) not more than 5 private entities with more than 500 employees; and (2) not more than 5 private entities with 500 or fewer employees. (c) Distribution of information \n(1) The Director shall distribute information about the Congressional Medal for Outstanding Contributions in Math and Science Education recipients under this Act in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public. (2) An entity that is a finalist or receives a medal under this section may use such information for advertising and other publicity purposes.", "id": "HE7DA8C82033A4DF68B456C9F2ED3B6B1", "header": "Medals", "nested": [ { "text": "(a) Finalists \nBeginning not later than 2 years after the date of enactment of this Act, the Director shall annually name as finalists for medals under this Act— (1) not more than 20 private entities with more than 500 employees; and (2) not more than 20 private entities with 500 or fewer employees. Each finalist shall receive a citation describing the basis for the entity achieving status as a finalist.", "id": "H92FC071A1BA14C458B4D6E67C1DC053D", "header": "Finalists", "nested": [], "links": [] }, { "text": "(b) Medal winners \nBeginning not later than 2 years after the date of enactment of this Act, from among finalists named under subsection (a), the Director shall annually award medals under this Act to— (1) not more than 5 private entities with more than 500 employees; and (2) not more than 5 private entities with 500 or fewer employees.", "id": "H44D94E131C114F7E89EC10DB8B9B5388", "header": "Medal winners", "nested": [], "links": [] }, { "text": "(c) Distribution of information \n(1) The Director shall distribute information about the Congressional Medal for Outstanding Contributions in Math and Science Education recipients under this Act in a timely and efficient manner (including through the use of a searchable online database) to schools, institutions of higher education, educators, parents, administrators, policymakers, researchers, public and private entities, and the general public. (2) An entity that is a finalist or receives a medal under this section may use such information for advertising and other publicity purposes.", "id": "HA86D6384468E4EDFAF70750143AAEA89", "header": "Distribution of information", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Eligibility \nAny private entity that has, whether working alone or in partnership with for-profit or nonprofit entities, assisted students, teachers, administrators, or other support staff to improve student achievement in science, technology, engineering, and mathematics in a school or community shall be eligible to receive a medal under section 4. The entity must have been involved in such activities in a sustained manner for at least 2 years with at least one elementary or secondary school.", "id": "HF137C992BAE14E499B4769BDE8DA385B", "header": "Eligibility", "nested": [], "links": [] }, { "text": "6. Application \nThe Director shall establish a system for accepting applications from entities seeking to be considered for a medal under this Act. Applications shall include at least two letters of support, which may come from teachers, professional support staff, administrators, professional or business organizations, local, county, or State Departments of Education, or any other category of persons as designated by the Director. Letters of support shall describe the reasons the entity deserves the medal.", "id": "HDDD31DC2B6D5497D9723C3DFCE65E6D1", "header": "Application", "nested": [], "links": [] }, { "text": "7. Selection \nIn selecting entities to receive medals under this Act, the Director shall give priority consideration to evidence of improved student achievement in science, technology, engineering, or mathematics. In addition to any other criteria the Director may establish, the Director shall also consider the following: (1) Evidence of innovative approaches to increase interest by students in science, technology, engineering, and mathematics, such as an increase in the number of students enrolled in advanced courses related to such fields. (2) Evidence of employee interaction with students or teachers to support and improve mathematics and science learning. (3) Evidence of success in positively influencing student attitudes and promoting education and career opportunities in science, technology, engineering, and mathematics. (4) Evidence of successful outreach to students, parents, and the community regarding the importance of mathematics and science education to the Nation’s prosperity, job creation, and standard of living, as well as future earning potential for the individual. (5) Evidence of a strong and sustained commitment to the students and schools.", "id": "HA6CC02955EFE46909FD6D193F2617651", "header": "Selection", "nested": [], "links": [] }, { "text": "8. Authorization of appropriations \nFor each of fiscal years 2005 through 2007, there are authorized to be appropriated to the National Science Foundation such sums as may be necessary for carrying out this Act, to be derived from amounts authorized by the National Science Foundation Authorization Act of 2002.", "id": "HD5CB03A4FB904A6281383D4BB807E2D", "header": "Authorization of appropriations", "nested": [], "links": [] } ]

[ "Academic performance", "Advertising", "Awards, medals, prizes", "Career education", "Commemorations", "Commerce", "Community and school", "Congress", "Congressional reporting requirements", "Congressional tributes", "Corporate philanthropy", "Data banks", "Disabled", "Education", "Educational innovations", "Elementary and secondary education", "Elementary education", "Engineering", "Engineers", "Families", "Government Operations and Politics", "Government publicity", "Infrastructure", "Job creation", "Labor and Employment", "Mathematics", "Minorities", "Minority education", "Parent-school relationships", "Public-private partnerships", "Scientific education", "Scientists", "Secondary education", "Special education", "Standard of living", "Technical education", "Women", "Women's education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Troops Phone Home Free Act of 2004.", "id": "H67C0F8B17B7E48E3B49F3E7000450411", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) The United States Armed Forces are the finest in the world. (2) Members of the Armed Forces are bravely placing their lives in danger in Operation Iraqi Freedom and Operation Enduring Freedom. (3) Their families and loved ones are making sacrifices at home in support of members of the Armed Forces abroad. (4) Telephone contact with family and friends provides significant emotional and psychological support to members of the Armed Forces abroad and helps to sustain and improve their morale.", "id": "H780FF8B0A4B143EE83919C107320C7B1", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Department of Defense telecommunications benefit \n(a) Provision of benefit \nAs soon as possible after the date of enactment of this Act, the Secretary of Defense shall provide, wherever practicable, prepaid phone cards, or an equivalent telecommunications benefit which includes access to telephone service, to members of the Armed Forces deployed outside the United States who are directly supporting Operation Iraqi Freedom or Operation Enduring Freedom, as determined by the Secretary, to enable such members to make telephone calls to family and friends in the United States without cost to the member. (b) Monthly amount \nThe value of the benefit provided by subsection (a) shall not exceed $40 per month per person. (c) End of program \nThe program established by subsection (a) shall terminate on the date that is 60 days after the date on which the Secretary determines that both Operation Iraqi Freedom and Operation Enduring Freedom have ended. (d) Funding \n(1) Use of existing resources \nIn carrying out this section, the Secretary shall maximize the use of existing Department of Defense telecommunications programs and capabilities, private support organizations, private entities offering free or reduced-cost telecommunications services, and programs to enhance morale and welfare. (2) Use of appropriated funds \nIn addition to resources described in paragraph (1) and notwithstanding any limitation on the expenditure or obligation of appropriated amounts, the Secretary may use available funds appropriated to or for the use of the Department of Defense that are not otherwise obligated or expended to carry out this section.", "id": "H95C6C8E132CC4D268950E4321871D4B2", "header": "Department of Defense telecommunications benefit", "nested": [ { "text": "(a) Provision of benefit \nAs soon as possible after the date of enactment of this Act, the Secretary of Defense shall provide, wherever practicable, prepaid phone cards, or an equivalent telecommunications benefit which includes access to telephone service, to members of the Armed Forces deployed outside the United States who are directly supporting Operation Iraqi Freedom or Operation Enduring Freedom, as determined by the Secretary, to enable such members to make telephone calls to family and friends in the United States without cost to the member.", "id": "HAB3BF27E774B493093F7ADCF44969114", "header": "Provision of benefit", "nested": [], "links": [] }, { "text": "(b) Monthly amount \nThe value of the benefit provided by subsection (a) shall not exceed $40 per month per person.", "id": "HA920C752252749FFB6365390F23313F0", "header": "Monthly amount", "nested": [], "links": [] }, { "text": "(c) End of program \nThe program established by subsection (a) shall terminate on the date that is 60 days after the date on which the Secretary determines that both Operation Iraqi Freedom and Operation Enduring Freedom have ended.", "id": "H82960E6FDA234A14BCAA3EF97A5C477", "header": "End of program", "nested": [], "links": [] }, { "text": "(d) Funding \n(1) Use of existing resources \nIn carrying out this section, the Secretary shall maximize the use of existing Department of Defense telecommunications programs and capabilities, private support organizations, private entities offering free or reduced-cost telecommunications services, and programs to enhance morale and welfare. (2) Use of appropriated funds \nIn addition to resources described in paragraph (1) and notwithstanding any limitation on the expenditure or obligation of appropriated amounts, the Secretary may use available funds appropriated to or for the use of the Department of Defense that are not otherwise obligated or expended to carry out this section.", "id": "HBE5156BE227F415F9D6B2BCEC095103F", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Deployment of additional telephone equipment \nThe Secretary of Defense shall work with telecommunications providers to facilitate the deployment of additional telephones for use in calling the United States under this Act as quickly as practicable, consistent with the availability of resources. Consistent with the timely provision of telecommunications benefits under this Act, the Secretary should carry out this section and section 3 in a manner that allows for competition in the provision of such benefits.", "id": "HB6D00A7106104884BE00FDBABE5468AA", "header": "Deployment of additional telephone equipment", "nested": [], "links": [] }, { "text": "5. No compromise of military mission \nThe Secretary of Defense shall not take any action under this Act that would compromise the military objectives or mission of the Armed Forces.", "id": "H085D38A84EE94E88ACFE83B469789EAB", "header": "No compromise of military mission", "nested": [], "links": [] } ]

[ "Afghanistan", "Armed forces abroad", "Families", "Iraq", "Iraq compilation", "Middle East and North Africa", "Military dependents", "Military pay", "Science, Technology, Communications", "South Asia", "Telecommunication rates", "Telephone" ]

[ { "text": "1. Repeal of depreciation adjustments in computing alternative minimum taxable income \n(a) Adjustments applicable to all taxpayers \nSubsection (a) of section 56 of the Internal Revenue Code of 1986 (relating to adjustments applicable to all taxpayers) is amended by striking paragraph (1). (b) Item of tax preference \nSubsection (a) of section 57 of such Code (relating to general rule for items of tax preference) is amended by repealing paragraph (6). (c) Conforming amendments \n(1) Section 55(e)(2)(A) of such Code is amended by striking 56(a)(1) (relating to depreciation) and section. (2) Section 1400I(f) of such Code is amended by striking paragraph (4). (d) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2004.", "id": "H208203407AD14391A0A3A2626B03CA00", "header": "Repeal of depreciation adjustments in computing alternative minimum taxable income", "nested": [ { "text": "(a) Adjustments applicable to all taxpayers \nSubsection (a) of section 56 of the Internal Revenue Code of 1986 (relating to adjustments applicable to all taxpayers) is amended by striking paragraph (1).", "id": "H56056FDFC1B24A6EB511B67FE8B1F278", "header": "Adjustments applicable to all taxpayers", "nested": [], "links": [ { "text": "section 56", "legal-doc": "usc", "parsable-cite": "usc/26/56" } ] }, { "text": "(b) Item of tax preference \nSubsection (a) of section 57 of such Code (relating to general rule for items of tax preference) is amended by repealing paragraph (6).", "id": "H26A5929E9E614841B4E2D17753A539C", "header": "Item of tax preference", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Section 55(e)(2)(A) of such Code is amended by striking 56(a)(1) (relating to depreciation) and section. (2) Section 1400I(f) of such Code is amended by striking paragraph (4).", "id": "HABF5C68551AA42F8B8CE6856279196CC", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2004.", "id": "H6A0D882E02BE4B3BAFB3F1CB8124A200", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 56", "legal-doc": "usc", "parsable-cite": "usc/26/56" } ] } ]

[ "Depreciation and amortization", "Income tax", "Minimum tax", "Tax deductions", "Tax preferences" ]

[ { "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", "nested": [ { "text": "(a) Definition \nIn this section the term Federal agency means each department, agency, instrumentality, or other entity of the United States Government.", "id": "H50DCBE01DCB54EF38780B757AEDCDFC2", "header": "Definition", "nested": [], "links": [] }, { "text": "(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": "H7F9EB90C73A0430FB4F3665CF0809203", "header": "In general", "nested": [], "links": [] } ], "links": [] } ]

[ "Boy Scouts", "Families", "Girl Scouts", "Government property", "Public Lands and Natural Resources", "Women" ]

[ { "text": "1. Short title \nThis Act may be cited as the The 9-11 Commission Combating Proliferation Implementation Act.", "id": "HDE1FC9BFBAFA42AB8DE1840009A8717F", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Office for combating the proliferation of weapons of mass destruction \n(a) Establishment \nThere is established within the Executive Office of the President an office to be known as the Office for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Office ). (b) Officers \n(1) The head of the Office shall be the Director of the Office. (2) There shall be a Deputy Director of the Office, who shall— (A) assist the Director in carrying out the responsibilities of the Director under this title; and (B) serve as Acting Director in the absence of the Director and during any vacancy in the office of Director. (3) The Director and Deputy Director— (A) shall be appointed by the President, by and with the advice and consent of the Senate; and (B) shall serve at the pleasure of the President. (4) No person shall serve as Director or Deputy Director while serving in any other position in the Federal Government. (c) Responsibilities \nSubject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) To develop policies, goals, objectives, and priorities for the United States for preventing the proliferation of weapons of mass destruction. (2) To serve as the principal advisor to the President with respect to those policies, goals, objectives, and priorities. (3) To develop a comprehensive strategy for the United States for the prevention of the proliferation of weapons of mass destruction, to be known as the Strategy for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Strategy ). (4) To coordinate, oversee, and evaluate the implementation and execution of the Strategy by the agencies of the Federal Government with responsibilities for preventing the proliferation of weapons of mass destruction. (5) To direct the development of comprehensive annual budgets submitted under section 1105(a) of title 31, United States Code, for the programs and activities under the Strategy. (6) To certify to the President, prior to the submission to Congress of each annual budget under that section, whether the budget for each element of preventing the proliferation of weapons of mass destruction is consistent with and adequate for carrying out the Strategy. (7) To carry out any other responsibilities relating to development, coordination, funding, and implementation of United States policy on the prevention of the proliferation of weapons of mass destruction that the President considers appropriate. (d) Authorities of the director \nIn carrying out subsection (c), the Director shall have authority to— (1) develop and present to the President annual unified budgets for the prevention of the proliferation of weapons of mass destruction, including the authorities to— (A) provide guidance on the development of annual budgets for each element of the prevention of the proliferation of weapons of mass destruction; (B) direct, coordinate, and modify the annual budgets of the elements of the prevention of the proliferation of weapons of mass destruction, in consultation with the heads of those elements; and (C) approve the budget of each element of the prevention of the proliferation of weapons of mass destruction before that budget may be provided to the President for transmission to the Congress; (2) transfer between accounts and agencies funds appropriated and associated resources available for the prevention of the proliferation of weapons of mass destruction and detail personnel when the Director makes a determination that doing so is necessary in order to— (A) respond to an emergent risk of proliferation; (B) eliminate duplication of effort; or (C) significantly increase programmatic efficiency; (3) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office; (4) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in activities involving the prevention of the proliferation of weapons of mass destruction on temporary detail to another department, agency, or program in order to implement the Strategy, and the head of the department or agency shall comply with such a request; (5) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal agencies; (6) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of that title; (7) use the mails in the same manner as any other department or agency of the executive branch; and (8) monitor implementation of the Strategy, including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations. (e) Personnel detailed to office \n(1) Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under that chapter for any rating period, or part thereof, that the employee is detailed to the Office. (2) (A) Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) The maximum number of personnel who may be detailed to another department or agency (including the office) under subsection (d)(1) during any fiscal year is— (A) for the Department of Defense, 5; (B) for the Department of Energy, 5; (C) for the Department of State, 5; and (D) for any other department or agency, 2. (4) A transfer or detail under paragraph (1)(A) shall expire on the last day of the fiscal year after the fiscal year in which it is ordered by the Director unless extended by law or by an official having authority to extend it further. (f) Report on strategic plan \n(1) Not later than June 1, 2005, the Director shall submit to Congress the Strategy developed under subsection (c)(3), together with any recommendations of the Director for legislative changes that the Director considers appropriate with respect to either the Strategy and its implementation or the Office. (2) Not later than December 31 of each year after 2004, the Director shall submit to the Congress an updated Strategy and any such recommendations. (g) Global coalition \n(1) The Director shall develop the Strategy and, in consultation with the Secretary of State, carry out the programs for which the Director is responsible in coordination with appropriate officials of the foreign governments concerned. (2) In consultation with the Secretary of State, the Director shall seek to develop and provide leadership for a coalition of United States and foreign governments committed to achieving the prevention of the proliferation of weapons of mass destruction through programs similar to those specified in section 103. (h) Oversight by Congress \nThe location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of Congress, to— (1) any information, document, record, or paper in the possession of the Office or any study conducted by or at the direction of the Director; or (2) any personnel of the Office, including the Director. (i) Pay of director and of deputy director \nChapter 53 of title 5, United States Code, is amended— (1) in section 5312, by inserting after the item relating to the Chairman, Board of Governors of the Federal Reserve System the following new item: Director of the Office for Combating the Proliferation of Weapons of Mass Destruction.. (2) in section 5313, by inserting after the item relating to the Under Secretary for Transportation the following new item: Deputy Director of the Office for Combating the Proliferation of Weapons of Mass Destruction..", "id": "H4838D79D0C744F3E006172A3872459A4", "header": "Office for combating the proliferation of weapons of mass destruction", "nested": [ { "text": "(a) Establishment \nThere is established within the Executive Office of the President an office to be known as the Office for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Office ).", "id": "HC4D9A96806BB411FA8881100EF95D87D", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Officers \n(1) The head of the Office shall be the Director of the Office. (2) There shall be a Deputy Director of the Office, who shall— (A) assist the Director in carrying out the responsibilities of the Director under this title; and (B) serve as Acting Director in the absence of the Director and during any vacancy in the office of Director. (3) The Director and Deputy Director— (A) shall be appointed by the President, by and with the advice and consent of the Senate; and (B) shall serve at the pleasure of the President. (4) No person shall serve as Director or Deputy Director while serving in any other position in the Federal Government.", "id": "H75699DD208334B99A273E37D8B929852", "header": "Officers", "nested": [], "links": [] }, { "text": "(c) Responsibilities \nSubject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) To develop policies, goals, objectives, and priorities for the United States for preventing the proliferation of weapons of mass destruction. (2) To serve as the principal advisor to the President with respect to those policies, goals, objectives, and priorities. (3) To develop a comprehensive strategy for the United States for the prevention of the proliferation of weapons of mass destruction, to be known as the Strategy for Combating the Proliferation of Weapons of Mass Destruction (in this title referred to as the Strategy ). (4) To coordinate, oversee, and evaluate the implementation and execution of the Strategy by the agencies of the Federal Government with responsibilities for preventing the proliferation of weapons of mass destruction. (5) To direct the development of comprehensive annual budgets submitted under section 1105(a) of title 31, United States Code, for the programs and activities under the Strategy. (6) To certify to the President, prior to the submission to Congress of each annual budget under that section, whether the budget for each element of preventing the proliferation of weapons of mass destruction is consistent with and adequate for carrying out the Strategy. (7) To carry out any other responsibilities relating to development, coordination, funding, and implementation of United States policy on the prevention of the proliferation of weapons of mass destruction that the President considers appropriate.", "id": "H67191288CE454072A09D5C2CE24E47AA", "header": "Responsibilities", "nested": [], "links": [ { "text": "section 1105(a)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" } ] }, { "text": "(d) Authorities of the director \nIn carrying out subsection (c), the Director shall have authority to— (1) develop and present to the President annual unified budgets for the prevention of the proliferation of weapons of mass destruction, including the authorities to— (A) provide guidance on the development of annual budgets for each element of the prevention of the proliferation of weapons of mass destruction; (B) direct, coordinate, and modify the annual budgets of the elements of the prevention of the proliferation of weapons of mass destruction, in consultation with the heads of those elements; and (C) approve the budget of each element of the prevention of the proliferation of weapons of mass destruction before that budget may be provided to the President for transmission to the Congress; (2) transfer between accounts and agencies funds appropriated and associated resources available for the prevention of the proliferation of weapons of mass destruction and detail personnel when the Director makes a determination that doing so is necessary in order to— (A) respond to an emergent risk of proliferation; (B) eliminate duplication of effort; or (C) significantly increase programmatic efficiency; (3) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office; (4) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in activities involving the prevention of the proliferation of weapons of mass destruction on temporary detail to another department, agency, or program in order to implement the Strategy, and the head of the department or agency shall comply with such a request; (5) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal agencies; (6) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of that title; (7) use the mails in the same manner as any other department or agency of the executive branch; and (8) monitor implementation of the Strategy, including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations.", "id": "HA2A24568AF5E4474879513BFDD12A4F3", "header": "Authorities of the director", "nested": [], "links": [ { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "(e) Personnel detailed to office \n(1) Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under that chapter for any rating period, or part thereof, that the employee is detailed to the Office. (2) (A) Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) The maximum number of personnel who may be detailed to another department or agency (including the office) under subsection (d)(1) during any fiscal year is— (A) for the Department of Defense, 5; (B) for the Department of Energy, 5; (C) for the Department of State, 5; and (D) for any other department or agency, 2. (4) A transfer or detail under paragraph (1)(A) shall expire on the last day of the fiscal year after the fiscal year in which it is ordered by the Director unless extended by law or by an official having authority to extend it further.", "id": "H965A043B66CE4CC7A3F7E9EBF2D25D3", "header": "Personnel detailed to office", "nested": [], "links": [ { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/43" } ] }, { "text": "(f) Report on strategic plan \n(1) Not later than June 1, 2005, the Director shall submit to Congress the Strategy developed under subsection (c)(3), together with any recommendations of the Director for legislative changes that the Director considers appropriate with respect to either the Strategy and its implementation or the Office. (2) Not later than December 31 of each year after 2004, the Director shall submit to the Congress an updated Strategy and any such recommendations.", "id": "HE1C5E7AFBD4C46A88B2130ABCB5B40D1", "header": "Report on strategic plan", "nested": [], "links": [] }, { "text": "(g) Global coalition \n(1) The Director shall develop the Strategy and, in consultation with the Secretary of State, carry out the programs for which the Director is responsible in coordination with appropriate officials of the foreign governments concerned. (2) In consultation with the Secretary of State, the Director shall seek to develop and provide leadership for a coalition of United States and foreign governments committed to achieving the prevention of the proliferation of weapons of mass destruction through programs similar to those specified in section 103.", "id": "H7262E109069D475EB5B740A8DA6608ED", "header": "Global coalition", "nested": [], "links": [] }, { "text": "(h) Oversight by Congress \nThe location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of Congress, to— (1) any information, document, record, or paper in the possession of the Office or any study conducted by or at the direction of the Director; or (2) any personnel of the Office, including the Director.", "id": "H36CF1585CBDC4883AC753448B554D677", "header": "Oversight by Congress", "nested": [], "links": [] }, { "text": "(i) Pay of director and of deputy director \nChapter 53 of title 5, United States Code, is amended— (1) in section 5312, by inserting after the item relating to the Chairman, Board of Governors of the Federal Reserve System the following new item: Director of the Office for Combating the Proliferation of Weapons of Mass Destruction.. (2) in section 5313, by inserting after the item relating to the Under Secretary for Transportation the following new item: Deputy Director of the Office for Combating the Proliferation of Weapons of Mass Destruction..", "id": "HBD244F4AD8934945AF96C2509D5106D9", "header": "Pay of director and of deputy director", "nested": [], "links": [ { "text": "Chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" } ] } ], "links": [ { "text": "section 1105(a)", "legal-doc": "usc", "parsable-cite": "usc/31/1105" }, { "text": "section 3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" }, { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/43" }, { "text": "Chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" } ] }, { "text": "102. Request for corresponding Russian director \nIt is the sense of the Congress that, as soon as practical, the President should personally request the President of the Russian Federation to designate an official of the Russian Federation having authorities and responsibilities for the prevention of the proliferation of weapons of mass destruction commensurate with those of the Director and with whom the Director should coordinate with respect to the planning and implementation in the Russian Federation of activities having the purpose of securing weapons of mass destruction.", "id": "H7C17E90E576B448D8F466D002DCB1146", "header": "Request for corresponding Russian director", "nested": [], "links": [] }, { "text": "103. Scope \nIn this title: (1) The term prevention of the proliferation of weapons of mass destruction includes activities under— (A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note); (B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 ; 116 Stat. 2458); (C) programs authorized by section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (the FREEDOM Support Act) ( 22 U.S.C. 5354 ) and programs authorized by section 1412 of the Former Soviet Union Demilitarization Act of 1992 ( 22 U.S.C. 5902 ); and (D) a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the Director and the head of the agency. (2) The term weapons of mass destruction means chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials that can be used in the manufacture of such weapons.", "id": "H0FD58F167DDC4AFBB783F25EA8C3E88D", "header": "Scope", "nested": [], "links": [ { "text": "Public Law 104–201", "legal-doc": "public-law", "parsable-cite": "pl/104/201" }, { "text": "50 U.S.C. 2362", "legal-doc": "usc", "parsable-cite": "usc/50/2362" }, { "text": "Public Law 107–314", "legal-doc": "public-law", "parsable-cite": "pl/107/314" }, { "text": "22 U.S.C. 5354", "legal-doc": "usc", "parsable-cite": "usc/22/5354" }, { "text": "22 U.S.C. 5902", "legal-doc": "usc", "parsable-cite": "usc/22/5902" } ] }, { "text": "201. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide \n(a) Sense of congress \n(1) It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment at vulnerable sites worldwide should be a top priority among the activities to achieve the national security of the United States. (2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b). (b) Program authorized \nThe Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion. (c) Program elements \n(1) Activities under the program under subsection (b) may include the following: (A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide. (B) Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment. (C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States. (D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition. (E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials and radiological materials and related equipment pending their removal from their current sites. (F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future. (G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities. (H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended. (I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide. (J) The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets. (K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium. (L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment. (M) Programs to— (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and (ii) convert sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat. (2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government. (3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program. (d) Reports \n(1) Not later than March 15, 2005, the Secretary of Energy shall submit to Congress a classified interim report on the program under subsection (b). (2) Not later than January 1, 2006, the Secretary shall submit to Congress a classified final report on the program under subsection (b) that includes the following: (A) A survey by the Secretary of the facilities and sites worldwide that contain proliferation-attractive fissile materials, radiological materials, or related equipment. (B) A list of sites determined by the Secretary to be of the highest priority, taking into account risk of theft from such sites, for removal or security of proliferation-attractive fissile materials, radiological materials, or related equipment, organized by level of priority. (C) A plan, including activities under the program under this section, for the removal, security, or both of proliferation-attractive fissile materials, radiological materials, or related equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the implementation of the plan. (3) A summary of each report under this subsection shall also be submitted to Congress in unclassified form. (e) Funding \n(1) In general \nAmounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section. (2) Additional funding \n(A) It is the sense of Congress that the Secretary of Energy should use funds for the program under this section in addition to the funds made available under paragraph (1). (B) Not later than 60 days after the date of enactment of this Act, the Secretary of Energy should submit a supplemental budget request to Congress for fiscal year 2005 outlining additional funds needed to address the program elements set forth in subsection (c). (f) Definitions \nIn this section: (1) The term fissile materials means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items. (2) The term radiological materials includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226 and Strontium-90, Curium-244, Strontium-90, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph. (3) The term related equipment includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section. (4) The term highly-enriched uranium means uranium enriched to or above 20 percent in isotope 235. (5) The term low-enriched uranium means uranium enriched below 20 percent in isotope 235. (6) The term proliferation-attractive , in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.", "id": "HCA08647DFA75498EA2009641AEC046C3", "header": "Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide", "nested": [ { "text": "(a) Sense of congress \n(1) It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment at vulnerable sites worldwide should be a top priority among the activities to achieve the national security of the United States. (2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b).", "id": "H9AE6F7C0E7EE40DAADD6ADDC556546D2", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(b) Program authorized \nThe Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion.", "id": "HDD9FD4079EE64BFF9088921E5D85DA1F", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(c) Program elements \n(1) Activities under the program under subsection (b) may include the following: (A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide. (B) Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment. (C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States. (D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition. (E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials and radiological materials and related equipment pending their removal from their current sites. (F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future. (G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities. (H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended. (I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide. (J) The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets. (K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium. (L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment. (M) Programs to— (i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and (ii) convert sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat. (2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government. (3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program.", "id": "H3C45C2B1AB8640AC967660CBCB03412F", "header": "Program elements", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) Not later than March 15, 2005, the Secretary of Energy shall submit to Congress a classified interim report on the program under subsection (b). (2) Not later than January 1, 2006, the Secretary shall submit to Congress a classified final report on the program under subsection (b) that includes the following: (A) A survey by the Secretary of the facilities and sites worldwide that contain proliferation-attractive fissile materials, radiological materials, or related equipment. (B) A list of sites determined by the Secretary to be of the highest priority, taking into account risk of theft from such sites, for removal or security of proliferation-attractive fissile materials, radiological materials, or related equipment, organized by level of priority. (C) A plan, including activities under the program under this section, for the removal, security, or both of proliferation-attractive fissile materials, radiological materials, or related equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the implementation of the plan. (3) A summary of each report under this subsection shall also be submitted to Congress in unclassified form.", "id": "HF1FC97EE98694D67B92959E88415B949", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Funding \n(1) In general \nAmounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section. (2) Additional funding \n(A) It is the sense of Congress that the Secretary of Energy should use funds for the program under this section in addition to the funds made available under paragraph (1). (B) Not later than 60 days after the date of enactment of this Act, the Secretary of Energy should submit a supplemental budget request to Congress for fiscal year 2005 outlining additional funds needed to address the program elements set forth in subsection (c).", "id": "H8F0092CB0F8A410EA531F2D001657596", "header": "Funding", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) The term fissile materials means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items. (2) The term radiological materials includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226 and Strontium-90, Curium-244, Strontium-90, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph. (3) The term related equipment includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section. (4) The term highly-enriched uranium means uranium enriched to or above 20 percent in isotope 235. (5) The term low-enriched uranium means uranium enriched below 20 percent in isotope 235. (6) The term proliferation-attractive , in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.", "id": "HFA73C3D4921245369BB694C6BFFA8BD1", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Sense of Congress \nIt is the sense of Congress that— (1) the President should strive to expand and strengthen the Proliferation Security Initiative announced by the President on May 31, 2003, placing particular emphasis on including countries outside of NATO; and (2) the United States should engage the United Nations to develop a Security Council Resolution to authorize the Proliferation Security Initiative under international law, including by providing legal authority to stop shipments of weapons of mass destruction, their delivery systems, and related materials.", "id": "H48888F48B3DD4739BC78B26DF3482DC9", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "302. Authorization of appropriations \nThere are authorized to be appropriated for fiscal year 2005, $50,000,000 to conduct joint training exercises regarding interdiction of weapons of mass destruction under the Proliferation Security Initiative. Particular emphasis should be given to allocating money from this total— (1) to invite other countries that do not participate in the Proliferation Security Initiative to observe the joint training exercises; and (2) to conduct training exercises with countries that openly join the Proliferation Security Initiative after the date of enactment of this Act.", "id": "HFB60954F60014D5BA65663EC94EAEB6E", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "401. Authorization of appropriations \nThere are authorized to be appropriated for Cooperative Threat Reduction programs not less than— (1) $450,000,000 for fiscal year 2005; (2) $500,000,000 for fiscal year 2006; (3) $550,000,000 for fiscal year 2007; (4) $600,000,000 for fiscal year 2008; (5) $650,000,000 for fiscal year 2009; and (6) $700,000,000 for fiscal year 2010.", "id": "HE055D766FC26430AB22837671F003C40", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "402. Permanent waiver authority for chemical weapons destruction facility in Russia \nSection 1305 of the National Defense Authorization Act for Fiscal Year 2000 shall not apply to the obligation and expenditure of funds during a fiscal year for the planning, design, or construction of a chemical weapons destruction facility in the Russian Federation if the President submits to Congress a written certification with respect to that fiscal year that includes— (1) a statement as to why the waiver of the conditions during the fiscal year covered by such certification is consistent with the national security interests of the United States; and (2) a plan to promote a full and accurate disclosure by the Russian Federation regarding the size, content, status, and location of its chemical weapons stockpile.", "id": "H01168125999E4B13AD0536DCB899F6AF", "header": "Permanent waiver authority for chemical weapons destruction facility in Russia", "nested": [], "links": [] }, { "text": "403. Removal of funding limitation on activities outside the former Soviet Union \nSection 1308(c) in the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–135 ; 22 U.S.C. 5963(c) ) is repealed.", "id": "H8062303F73D74BDBBF5FB1D6010088D1", "header": "Removal of funding limitation on activities outside the former Soviet Union", "nested": [], "links": [ { "text": "Public Law 108–135", "legal-doc": "public-law", "parsable-cite": "pl/108/135" }, { "text": "22 U.S.C. 5963(c)", "legal-doc": "usc", "parsable-cite": "usc/22/5963" } ] }, { "text": "404. Liability report \nNot later than April 1, 2005, and every 6 months thereafter, the President shall submit to Congress a report identifying liability concerns regarding, and impediments to, the renegotiation of the Cooperative Threat Reduction umbrella agreement and ongoing negotiations for the implementation of the Plutonium Disposition, Nuclear Cities, and other cooperative nonproliferation programs. The report shall also outline a plan to address and resolve such concerns and impediments.", "id": "HDB9E4BDDDD244C59891000F1B8D3EBFA", "header": "Liability report", "nested": [], "links": [] }, { "text": "405. Definition \nIn this title, the term Cooperative Threat Reduction programs means the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note).", "id": "H345DD0B5891D4E00BAA94E02FA731932", "header": "Definition", "nested": [], "links": [ { "text": "Public Law 104–201", "legal-doc": "public-law", "parsable-cite": "pl/104/201" }, { "text": "50 U.S.C. 2362", "legal-doc": "usc", "parsable-cite": "usc/50/2362" } ] } ]

[ "Advice and consent of the Senate", "Alternative energy sources", "Armed Forces and National Security", "Arms control", "Arms control agreements", "Arms control negotiations", "Authorization", "Biological warfare", "Central Asia", "Chemical warfare", "Classified defense information", "Congress", "Congress and foreign policy", "Congress and military policy", "Congressional oversight", "Congressional reporting requirements", "Crime and Law Enforcement", "Department of Energy", "Dislocated workers", "Economics and Public Finance", "Energy", "Environmental Protection", "Europe", "Executive Office of the President", "Executive reorganization", "Federal employees", "Fissionable materials", "Former Soviet states", "Fringe benefits", "Government Operations and Politics", "Government liability (International law)", "International agencies", "International cooperation", "International law", "Job hunting", "Labor and Employment", "Larceny", "Military assistance", "Military maneuvers", "Military training", "Nongovernmental organizations", "Nuclear facilities", "Nuclear fuels", "Nuclear nonproliferation", "Nuclear reactors", "Nuclear security measures", "Nuclear terrorism", "Nuclear weapons", "Performance measurement", "Planning-programming-budgeting", "Plutonium", "President and foreign policy", "Presidential appointments", "Reprogramming of appropriated funds", "Risk", "Russia", "Storage", "Strategic planning", "Surveys", "Terrorism", "Transfer of employees", "Transportation and Public Works", "Transportation of hazardous substances", "United Nations", "Uranium", "Uranium enrichment", "Weapons of mass destruction" ]

[ { "text": "1. Permitting local public agencies to act as medicaid enrollment brokers \nSection 1903(b)(4) of the Social Security Act ( 42 U.S.C. 1396b(b)(4) ) is amended by adding at the end the following new subparagraph: (C)(i) Subparagraphs (A) and (B) shall not apply in the case of a local public agency that is acting as an enrollment broker under a contract or memorandum with a State medicaid agency, provided the local public agency does not have a direct or indirect financial interest with any medicaid managed care plan for which it provides enrollment broker services. (ii) In determining whether a local public agency has a direct or indirect financial interest with a medicaid managed care plan under clause (i), the status of a local public agency as a contractor of the plan does not constitute having a direct or indirect financial interest with the plan..", "id": "H596C243ADF57467D932C691771861193", "header": "Permitting local public agencies to act as medicaid enrollment brokers", "nested": [ { "text": "Section 1903(b)(4) of the Social Security Act ( 42 U.S.C. 1396b(b)(4) ) is amended by adding at the end the following new subparagraph: (C)(i) Subparagraphs (A) and (B) shall not apply in the case of a local public agency that is acting as an enrollment broker under a contract or memorandum with a State medicaid agency, provided the local public agency does not have a direct or indirect financial interest with any medicaid managed care plan for which it provides enrollment broker services. (ii) In determining whether a local public agency has a direct or indirect financial interest with a medicaid managed care plan under clause (i), the status of a local public agency as a contractor of the plan does not constitute having a direct or indirect financial interest with the plan..", "id": "H69274C9AE38F45DEA370562D10E95941", "header": null, "nested": [], "links": [ { "text": "42 U.S.C. 1396b(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] } ], "links": [ { "text": "42 U.S.C. 1396b(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] } ]

[ "Conflict of interests", "Government Operations and Politics", "Government contractors", "Health maintenance organizations", "Managed care", "Medicaid", "Social Welfare", "State-local relations" ]

[ { "text": "1. Short title \nThis Act may be referred to as the International Consumer Protection Act of 2004.", "id": "HE2B12C5A3F0042008EA8C0981448BA45", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Foreign law enforcement agency defined \nSection 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) is amended by adding at the end the following: Foreign law enforcement agency means— (A) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and (B) any multinational or multiagency organization to the extent that it is acting on behalf of an entity described in subparagraph (A)..", "id": "HA886BE4398D14E4EA97EE102AE4100FC", "header": "Foreign law enforcement agency defined", "nested": [], "links": [ { "text": "15 U.S.C. 44", "legal-doc": "usc", "parsable-cite": "usc/15/44" } ] }, { "text": "3. Availability of remedies \nSection 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ) is amended by adding at the end the following: (4) (A) For purposes of this subsection, the term unfair or deceptive acts or practices shall include such acts or practices involving foreign commerce that— (i) cause or are likely to cause reasonably foreseeable injury within the United States; or (ii) involve material conduct occurring within the United States. (B) All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims..", "id": "H4D027C7D9FAB4843A3EB65B1D5A061A", "header": "Availability of remedies", "nested": [], "links": [ { "text": "15 U.S.C. 45(a)", "legal-doc": "usc", "parsable-cite": "usc/15/45" } ] }, { "text": "4. Powers of the Commission \n(a) Publication of information; reports \nSection 6(f) of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) is amended— (1) by inserting (1) after such information the first place it appears; and (2) by striking purposes. and inserting purposes, and (2) to any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 21(b).. (b) Other Powers of the Commission \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is further amended by inserting after subsection (i) and before the proviso the following: (j) Investigative assistance for foreign law enforcement agencies \n(1) In general \nUpon a written request from a foreign law enforcement agency to provide assistance in accordance with this subsection, if the requesting agency states that it is investigating, or engaging in enforcement proceedings against, possible violations of laws prohibiting fraudulent or deceptive commercial practices, or other practices substantially similar to practices prohibited by any provision of the laws administered by the Commission, other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211(5) )), the Commission may provide the assistance described in paragraph (2) without requiring that the conduct identified in the request constitute a violation of the laws of the United States. (2) Type of assistance \nIn providing assistance to a foreign law enforcement agency under this subsection, the Commission may— (A) conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance, using all investigative powers authorized by this Act; and (B) when the request is from an agency acting to investigate or pursue the enforcement of civil laws, or when the Attorney General refers a request to the Commission from an agency acting to investigate or pursue the enforcement of criminal laws, seek and accept appointment by a United States district court of Commission attorneys to provide assistance to foreign and international tribunals and to litigants before such tribunals on behalf of a foreign law enforcement agency pursuant to section 1782 of title 28, United States Code. (3) Criteria for determination \nIn deciding whether to provide such assistance, the Commission shall consider all relevant factors, including— (A) whether the requesting agency has agreed to provide or will provide reciprocal assistance to the Commission; (B) whether compliance with the request would prejudice the public interest of the United States; and (C) whether the requesting agency’s investigation or enforcement proceeding concerns acts or practices that cause or are likely to cause injury to a significant number of persons. (4) International agreements \nIf a foreign law enforcement agency has set forth a legal basis for requiring execution of an international agreement as a condition for reciprocal assistance, or as a condition for provision of materials or information to the Commission, the Commission, with prior approval and ongoing oversight of the Secretary of State, and with final approval of the agreement by the Secretary of State, may negotiate and conclude an international agreement, in the name of either the United States or the Commission, for the purpose of obtaining such assistance, materials, or information. The Commission may undertake in such an international agreement to— (A) provide assistance using the powers set forth in this subsection; (B) disclose materials and information in accordance with subsection (f) and section 21(b); and (C) engage in further cooperation, and protect materials and information received from disclosure, as authorized by this Act. (5) Additional authority \nThe authority provided by this subsection is in addition to, and not in lieu of, any other authority vested in the Commission or any other officer of the United States. (6) Limitation \nThe authority granted by this subsection shall not authorize the Commission to take any action or exercise any power with respect to a bank, a savings and loan institution described in section 18(f)(3) ( 15 U.S.C. 57a(f)(3) ), a Federal credit union described in section 18(f)(4) ( 15 U.S.C. 57a(f)(4) ), or a common carrier subject to the Act to regulate commerce, except in accordance with the proviso following the last designated subsection of section 6 ( 15 U.S.C. 46 ). (7) Assistance to certain countries \nThe Commission may not provide investigative assistance under this subsection to a foreign law enforcement agency from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). (k) Referral of evidence for criminal proceedings \n(1) In general \nWhenever the Commission obtains evidence that any person, partnership, or corporation, either domestic or foreign, has engaged in conduct that may constitute a violation of Federal criminal law, the Commission may transmit such evidence to the Attorney General, who may institute criminal proceedings under appropriate statutes. Nothing in this paragraph affects any other authority of the Commission to disclose information. (2) International information \nThe Commission shall endeavor to ensure, with respect to memoranda of understanding and international agreements it may conclude, that material it has obtained from foreign law enforcement agencies acting to investigate or pursue the enforcement of foreign criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of United States criminal laws. (l) Expenditures for cooperative arrangements \nThe Commission may expend appropriated funds for— (1) operating expenses and other costs of bilateral and multilateral cooperative law enforcement groups conducting activities of interest to the Commission and in which the Commission participates; and (2) expenses for consultations and meetings hosted by the Commission with foreign government agency officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to the Commission’s mission, development and implementation of cooperation agreements, and provision of technical assistance for the development of foreign consumer protection or competition regimes, such expenses to include necessary administrative and logistic expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including— (A) such incidental expenses as meals taken in the course of such attendance; (B) any travel and transportation to or from such meetings; and (C) any other related lodging or subsistence.. (c) Authorization of Appropriations \nThe Federal Trade Commission is authorized to expend appropriated funds not to exceed $100,000 per fiscal year for purposes of section 6(l) of the Federal Trade Commission Act ( 15 U.S.C. 46(l) ) (as added by subsection (b) of this Act), including operating expenses and other costs of the following bilateral and multilateral cooperative law enforcement agencies and organizations: (1) The International Consumer Protection and Enforcement Network. (2) The International Competition Network. (3) The Mexico-U.S.-Canada Health Fraud Task Force. (4) Project Emptor. (5) The Toronto Strategic Partnership and other regional partnerships with a nexus in a Canadian province. (d) Conforming amendment \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is amended by striking clauses (a) and (b) in the proviso following subsection (l) (as added by subsection (b) of this section) and inserting subsections (a), (b), and (j).", "id": "HA4F1D8AE4AD748C000456400E64BD4EC", "header": "Powers of the Commission", "nested": [ { "text": "(a) Publication of information; reports \nSection 6(f) of the Federal Trade Commission Act ( 15 U.S.C. 46(f) ) is amended— (1) by inserting (1) after such information the first place it appears; and (2) by striking purposes. and inserting purposes, and (2) to any officer or employee of any foreign law enforcement agency under the same circumstances that making material available to foreign law enforcement agencies is permitted under section 21(b)..", "id": "HFD4DC883159347EE8510C8198868C329", "header": "Publication of information; reports", "nested": [], "links": [ { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(b) Other Powers of the Commission \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is further amended by inserting after subsection (i) and before the proviso the following: (j) Investigative assistance for foreign law enforcement agencies \n(1) In general \nUpon a written request from a foreign law enforcement agency to provide assistance in accordance with this subsection, if the requesting agency states that it is investigating, or engaging in enforcement proceedings against, possible violations of laws prohibiting fraudulent or deceptive commercial practices, or other practices substantially similar to practices prohibited by any provision of the laws administered by the Commission, other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211(5) )), the Commission may provide the assistance described in paragraph (2) without requiring that the conduct identified in the request constitute a violation of the laws of the United States. (2) Type of assistance \nIn providing assistance to a foreign law enforcement agency under this subsection, the Commission may— (A) conduct such investigation as the Commission deems necessary to collect information and evidence pertinent to the request for assistance, using all investigative powers authorized by this Act; and (B) when the request is from an agency acting to investigate or pursue the enforcement of civil laws, or when the Attorney General refers a request to the Commission from an agency acting to investigate or pursue the enforcement of criminal laws, seek and accept appointment by a United States district court of Commission attorneys to provide assistance to foreign and international tribunals and to litigants before such tribunals on behalf of a foreign law enforcement agency pursuant to section 1782 of title 28, United States Code. (3) Criteria for determination \nIn deciding whether to provide such assistance, the Commission shall consider all relevant factors, including— (A) whether the requesting agency has agreed to provide or will provide reciprocal assistance to the Commission; (B) whether compliance with the request would prejudice the public interest of the United States; and (C) whether the requesting agency’s investigation or enforcement proceeding concerns acts or practices that cause or are likely to cause injury to a significant number of persons. (4) International agreements \nIf a foreign law enforcement agency has set forth a legal basis for requiring execution of an international agreement as a condition for reciprocal assistance, or as a condition for provision of materials or information to the Commission, the Commission, with prior approval and ongoing oversight of the Secretary of State, and with final approval of the agreement by the Secretary of State, may negotiate and conclude an international agreement, in the name of either the United States or the Commission, for the purpose of obtaining such assistance, materials, or information. The Commission may undertake in such an international agreement to— (A) provide assistance using the powers set forth in this subsection; (B) disclose materials and information in accordance with subsection (f) and section 21(b); and (C) engage in further cooperation, and protect materials and information received from disclosure, as authorized by this Act. (5) Additional authority \nThe authority provided by this subsection is in addition to, and not in lieu of, any other authority vested in the Commission or any other officer of the United States. (6) Limitation \nThe authority granted by this subsection shall not authorize the Commission to take any action or exercise any power with respect to a bank, a savings and loan institution described in section 18(f)(3) ( 15 U.S.C. 57a(f)(3) ), a Federal credit union described in section 18(f)(4) ( 15 U.S.C. 57a(f)(4) ), or a common carrier subject to the Act to regulate commerce, except in accordance with the proviso following the last designated subsection of section 6 ( 15 U.S.C. 46 ). (7) Assistance to certain countries \nThe Commission may not provide investigative assistance under this subsection to a foreign law enforcement agency from a foreign state that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). (k) Referral of evidence for criminal proceedings \n(1) In general \nWhenever the Commission obtains evidence that any person, partnership, or corporation, either domestic or foreign, has engaged in conduct that may constitute a violation of Federal criminal law, the Commission may transmit such evidence to the Attorney General, who may institute criminal proceedings under appropriate statutes. Nothing in this paragraph affects any other authority of the Commission to disclose information. (2) International information \nThe Commission shall endeavor to ensure, with respect to memoranda of understanding and international agreements it may conclude, that material it has obtained from foreign law enforcement agencies acting to investigate or pursue the enforcement of foreign criminal laws may be used for the purpose of investigation, prosecution, or prevention of violations of United States criminal laws. (l) Expenditures for cooperative arrangements \nThe Commission may expend appropriated funds for— (1) operating expenses and other costs of bilateral and multilateral cooperative law enforcement groups conducting activities of interest to the Commission and in which the Commission participates; and (2) expenses for consultations and meetings hosted by the Commission with foreign government agency officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to the Commission’s mission, development and implementation of cooperation agreements, and provision of technical assistance for the development of foreign consumer protection or competition regimes, such expenses to include necessary administrative and logistic expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including— (A) such incidental expenses as meals taken in the course of such attendance; (B) any travel and transportation to or from such meetings; and (C) any other related lodging or subsistence..", "id": "H62E84ADC5D254179A94BB2E3203241D6", "header": "Other Powers of the Commission", "nested": [], "links": [ { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 6211(5)", "legal-doc": "usc", "parsable-cite": "usc/15/6211" }, { "text": "section 1782", "legal-doc": "usc", "parsable-cite": "usc/28/1782" }, { "text": "15 U.S.C. 57a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 57a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "50 U.S.C. App. 2405(j)(4)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" } ] }, { "text": "(c) Authorization of Appropriations \nThe Federal Trade Commission is authorized to expend appropriated funds not to exceed $100,000 per fiscal year for purposes of section 6(l) of the Federal Trade Commission Act ( 15 U.S.C. 46(l) ) (as added by subsection (b) of this Act), including operating expenses and other costs of the following bilateral and multilateral cooperative law enforcement agencies and organizations: (1) The International Consumer Protection and Enforcement Network. (2) The International Competition Network. (3) The Mexico-U.S.-Canada Health Fraud Task Force. (4) Project Emptor. (5) The Toronto Strategic Partnership and other regional partnerships with a nexus in a Canadian province.", "id": "H88F7EBC27E994C70B8A3008C45ECCEEA", "header": "Authorization of Appropriations", "nested": [], "links": [ { "text": "15 U.S.C. 46(l)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(d) Conforming amendment \nSection 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ) is amended by striking clauses (a) and (b) in the proviso following subsection (l) (as added by subsection (b) of this section) and inserting subsections (a), (b), and (j).", "id": "HA2E324C88F7344238D11DCA91D7D13AD", "header": "Conforming amendment", "nested": [], "links": [ { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] } ], "links": [ { "text": "15 U.S.C. 46(f)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 6211(5)", "legal-doc": "usc", "parsable-cite": "usc/15/6211" }, { "text": "section 1782", "legal-doc": "usc", "parsable-cite": "usc/28/1782" }, { "text": "15 U.S.C. 57a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 57a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "50 U.S.C. App. 2405(j)(4)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "15 U.S.C. 46(l)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "5. Representation in Foreign Litigation \nSection 16 of the Federal Trade Commission Act ( 15 U.S.C. 56 ) is amended by adding at the end the following: (c) Foreign litigation \n(1) Commission attorneys \nWith the concurrence of the Attorney General, the Commission may designate Commission attorneys to assist the Attorney General in connection with litigation in foreign courts on particular matters in which the Commission has an interest. (2) Reimbursement for Foreign Counsel \nThe Commission is authorized to expend appropriated funds, upon agreement with the Attorney General, to reimburse the Attorney General for the retention of foreign counsel for litigation in foreign courts, and for expenses related to litigation in foreign courts in which the Commission has an interest. (3) Limitation on use of funds \nNothing in this subsection authorizes the payment of claims or judgments from any source other than the permanent and indefinite appropriation authorized by section 1304 of title 31, United States Code. (4) Other authority \nThe authority provided by this subsection is in addition to any other authority of the Commission or the Attorney General..", "id": "HE25304E88BE44869BC044B687901F605", "header": "Representation in Foreign Litigation", "nested": [], "links": [ { "text": "15 U.S.C. 56", "legal-doc": "usc", "parsable-cite": "usc/15/56" }, { "text": "section 1304", "legal-doc": "usc", "parsable-cite": "usc/31/1304" } ] }, { "text": "6. Sharing information with foreign law enforcement agencies \n(a) Material obtained pursuant to compulsory process \nSection 21(b)(6) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(b)(6) ) is amended by adding at the end the following: The custodian may make such material available to any foreign law enforcement agency upon the prior certification of an appropriate official of any such foreign law enforcement agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement purposes, if— (A) the foreign law enforcement agency has set forth a bona fide legal basis for its authority to maintain the material in confidence; (B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of— (i) foreign laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by any law administered by the Commission; (ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or (iii) with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; (C) the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) )) or, in the case of a Federal credit union, the National Credit Union Administration, has given its prior approval if the materials to be provided under subparagraph (B) are requested by the foreign law enforcement agency for the purpose of investigating, or engaging in enforcement proceedings based on, possible violations of law by a bank, a savings and loan institution described in section 18(f)(3) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(3) ), or a Federal credit union described in section 18(f)(4) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(4) ); and (D) the foreign law enforcement agency is not from a country that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). Nothing in the preceding sentence authorizes the disclosure of material obtained in connection with the administration of the Federal antitrust laws or foreign antitrust laws (as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 )) to any officer or employee of a foreign law enforcement agency.. (b) Information supplied by and about foreign sources \nSection 21(f) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(f) ) is amended to read as follows— (f) Exemption from public disclosure \n(1) In general \nAny material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this Act or which is provided voluntarily in place of such compulsory process shall not be required to be disclosed under section 552 of title 5, United States Code, or any other provision of law, except as provided in paragraph (2)(B) of this section. (2) Material obtained from a foreign source \n(A) Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law— (i) any material obtained from a foreign law enforcement agency or other foreign government agency, if the foreign law enforcement agency or other foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material; (ii) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or (iii) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign law enforcement agencies or other foreign government agencies. (B) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission..", "id": "HDB3379FD4FA14A7A9311AC141C6335F7", "header": "Sharing information with foreign law enforcement agencies", "nested": [ { "text": "(a) Material obtained pursuant to compulsory process \nSection 21(b)(6) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(b)(6) ) is amended by adding at the end the following: The custodian may make such material available to any foreign law enforcement agency upon the prior certification of an appropriate official of any such foreign law enforcement agency, either by a prior agreement or memorandum of understanding with the Commission or by other written certification, that such material will be maintained in confidence and will be used only for official law enforcement purposes, if— (A) the foreign law enforcement agency has set forth a bona fide legal basis for its authority to maintain the material in confidence; (B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of— (i) foreign laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by any law administered by the Commission; (ii) a law administered by the Commission, if disclosure of the material would further a Commission investigation or enforcement proceeding; or (iii) with the approval of the Attorney General, other foreign criminal laws, if such foreign criminal laws are offenses defined in or covered by a criminal mutual legal assistance treaty in force between the government of the United States and the foreign law enforcement agency’s government; (C) the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) )) or, in the case of a Federal credit union, the National Credit Union Administration, has given its prior approval if the materials to be provided under subparagraph (B) are requested by the foreign law enforcement agency for the purpose of investigating, or engaging in enforcement proceedings based on, possible violations of law by a bank, a savings and loan institution described in section 18(f)(3) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(3) ), or a Federal credit union described in section 18(f)(4) of the Federal Trade Commission Act ( 15 U.S.C. 57a(f)(4) ); and (D) the foreign law enforcement agency is not from a country that the Secretary of State has determined, in accordance with section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(j)(4) of that Act ( 50 U.S.C. App. 2405(j)(4) ). Nothing in the preceding sentence authorizes the disclosure of material obtained in connection with the administration of the Federal antitrust laws or foreign antitrust laws (as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 )) to any officer or employee of a foreign law enforcement agency..", "id": "H6A822D7496B54E8099778600F2607150", "header": "Material obtained pursuant to compulsory process", "nested": [], "links": [ { "text": "15 U.S.C. 57b–2(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/15/57b-2" }, { "text": "12 U.S.C. 1813(q)", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "15 U.S.C. 57a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 57a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "50 U.S.C. App. 2405(j)(4)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" } ] }, { "text": "(b) Information supplied by and about foreign sources \nSection 21(f) of the Federal Trade Commission Act ( 15 U.S.C. 57b–2(f) ) is amended to read as follows— (f) Exemption from public disclosure \n(1) In general \nAny material which is received by the Commission in any investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, and which is provided pursuant to any compulsory process under this Act or which is provided voluntarily in place of such compulsory process shall not be required to be disclosed under section 552 of title 5, United States Code, or any other provision of law, except as provided in paragraph (2)(B) of this section. (2) Material obtained from a foreign source \n(A) Except as provided in subparagraph (B) of this paragraph, the Commission shall not be required to disclose under section 552 of title 5, United States Code, or any other provision of law— (i) any material obtained from a foreign law enforcement agency or other foreign government agency, if the foreign law enforcement agency or other foreign government agency has requested confidential treatment, or has precluded such disclosure under other use limitations, as a condition of providing the material; (ii) any material reflecting a consumer complaint obtained from any other foreign source, if that foreign source supplying the material has requested confidential treatment as a condition of providing the material; or (iii) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsored in part by foreign law enforcement agencies or other foreign government agencies. (B) Nothing in this subsection shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission..", "id": "H60E254E68AFD4793A648A9E0DBB37481", "header": "Information supplied by and about foreign sources", "nested": [], "links": [ { "text": "15 U.S.C. 57b–2(f)", "legal-doc": "usc", "parsable-cite": "usc/15/57b-2" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] } ], "links": [ { "text": "15 U.S.C. 57b–2(b)(6)", "legal-doc": "usc", "parsable-cite": "usc/15/57b-2" }, { "text": "12 U.S.C. 1813(q)", "legal-doc": "usc", "parsable-cite": "usc/12/1813" }, { "text": "15 U.S.C. 57a(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 57a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "50 U.S.C. App. 2405(j)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "50 U.S.C. App. 2405(j)(4)", "legal-doc": "usc-appendix", "parsable-cite": "usc-appendix/50/2405" }, { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" }, { "text": "15 U.S.C. 57b–2(f)", "legal-doc": "usc", "parsable-cite": "usc/15/57b-2" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] }, { "text": "7. Confidentiality, delayed notice of process \n(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by inserting after section 21 the following: 21A. Confidentiality and delayed notice of compulsory process for certain third parties \n(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section. (b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g). (c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission. (d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process. (e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit. (f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ). (g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission.. (b) Conforming amendment \nSection 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (C) by striking or after the semicolon; (2) in subparagraph (D) by inserting or after the semicolon; and (3) by inserting after subparagraph (D) the following: (E) under section 21A of this Act;.", "id": "H1916C889A0D14E168F00E1F40CB4DA2", "header": "Confidentiality, delayed notice of process", "nested": [ { "text": "(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by inserting after section 21 the following: 21A. Confidentiality and delayed notice of compulsory process for certain third parties \n(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section. (b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g). (c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission. (d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process. (e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit. (f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ). (g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission..", "id": "HCAF73A6E9C544FC4856700C7F15E29A6", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3409", "legal-doc": "usc", "parsable-cite": "usc/12/3409" }, { "text": "section 2705", "legal-doc": "usc", "parsable-cite": "usc/18/2705" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3404", "legal-doc": "usc", "parsable-cite": "usc/12/3404" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" } ] }, { "text": "(b) Conforming amendment \nSection 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (C) by striking or after the semicolon; (2) in subparagraph (D) by inserting or after the semicolon; and (3) by inserting after subparagraph (D) the following: (E) under section 21A of this Act;.", "id": "H8B95CBD078B54E37B186E97E0276DDFA", "header": "Conforming amendment", "nested": [], "links": [ { "text": "15 U.S.C. 56(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/56" } ] } ], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3409", "legal-doc": "usc", "parsable-cite": "usc/12/3409" }, { "text": "section 2705", "legal-doc": "usc", "parsable-cite": "usc/18/2705" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3404", "legal-doc": "usc", "parsable-cite": "usc/12/3404" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" }, { "text": "15 U.S.C. 56(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/56" } ] }, { "text": "21A. Confidentiality and delayed notice of compulsory process for certain third parties \n(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section. (b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g). (c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission. (d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process. (e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit. (f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ). (g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission.", "id": "H5488C6BB1AE745E2A569199DD834D9C1", "header": "Confidentiality and delayed notice of compulsory process for certain third parties", "nested": [ { "text": "(a) Application with other laws \nThe Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, shall apply with respect to the Commission, except as otherwise provided in this section.", "id": "H05A1979E59CA43AC83B85145B6DCAF1E", "header": "Application with other laws", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "(b) Procedures for delay of notification or prohibition of disclosure \nThe procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) and chapter 121 of title 18, United States Code, including procedures for extensions of such delays or prohibitions, shall be available to the Commission, provided that, notwithstanding any provision therein— (1) a court may issue an order delaying notification or prohibiting disclosure (including extending such an order) in accordance with the procedures of section 1109 of the Right to Financial Privacy Act ( 12 U.S.C. 3409 ) (if notification would otherwise be required under that Act), or section 2705 of title 18, United States Code, (if notification would otherwise be required under chapter 121 of that title), if the presiding judge or magistrate judge finds that there is reason to believe that such notification or disclosure may cause an adverse result, as defined in subsection (g); and (2) if notification would otherwise be required under chapter 121 of title 18, United States Code, the Commission may delay notification (including extending such a delay) upon the execution of a written certification in accordance with the procedures of section 2705 of that title if the Commission finds that there is reason to believe that notification may cause an adverse result, as defined in subsection (g).", "id": "HB4720A25E91B492A9F8C488EF2551262", "header": "Procedures for delay of notification or prohibition of disclosure", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3409", "legal-doc": "usc", "parsable-cite": "usc/12/3409" }, { "text": "section 2705", "legal-doc": "usc", "parsable-cite": "usc/18/2705" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "(c) Ex Parte Application by Commission \n(1) In general \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the Commission may apply ex parte to a presiding judge or magistrate judge for an order prohibiting the recipient of compulsory process issued by the Commission from disclosing to any other person the existence of the process, notwithstanding any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia. The presiding judge or magistrate judge may enter such an order granting the requested prohibition of disclosure for a period not to exceed 60 days if there is reason to believe that disclosure may cause an adverse result, as defined in subsection (g). The presiding judge or magistrate judge may grant extensions of this order of up to 30 days each in accordance with this subsection, except that in no event shall the prohibition continue in force for more than a total of 9 months. (2) Application \nThis subsection shall apply only in connection with compulsory process issued by the Commission where the recipient of such process is not a subject of the investigation or proceeding at the time such process is issued. (3) Limitation \nNo order issued under this subsection shall prohibit any recipient from disclosing to a Federal agency that the recipient has received compulsory process from the Commission.", "id": "HF430152A1D5A45BDB300CC2EF80551F2", "header": "Ex Parte Application by Commission", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "(d) No Liability for failure to notify \nIf neither notification nor delayed notification by the Commission is required under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ) or chapter 121 of title 18, United States Code, the recipient of compulsory process issued by the Commission under this Act shall not be liable under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, or under any contract or other legally enforceable agreement, for failure to provide notice to any person that such process has been issued or that the recipient has provided information in response to such process. The preceding sentence does not exempt any recipient from liability for— (1) the underlying conduct reported; (2) a failure to comply with the record retention requirements under section 1104(c) of the Right to Financial Privacy Act ( 12 U.S.C. 3404 ), where applicable; or (3) any failure to comply with any obligation the recipient may have to disclose to a Federal agency that the recipient has received compulsory process from the Commission or intends to provide or has provided information to the Commission in response to such process.", "id": "HB5FD2FF316344B5F88B3C034593B6019", "header": "No Liability for failure to notify", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3404", "legal-doc": "usc", "parsable-cite": "usc/12/3404" } ] }, { "text": "(e) Venue and Procedure \n(1) In general \nAll judicial proceedings initiated by the Commission under the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), chapter 121 of title 18, United States Code, or this section may be brought in the United States District Court for the District of Columbia or any other appropriate United States District Court. All ex parte applications by the Commission under this section related to a single investigation may be brought in a single proceeding. (2) In camera proceedings \nUpon application by the Commission, all judicial proceedings pursuant to this section shall be held in camera and the records thereof sealed until expiration of the period of delay or such other date as the presiding judge or magistrate judge may permit.", "id": "HAC775FCD4AA64B32AEDE084BB6C55100", "header": "Venue and Procedure", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" } ] }, { "text": "(f) Section Not To Apply to Antitrust Investigations or Proceedings \nThis section shall not apply to an investigation or proceeding related to the administration of Federal antitrust laws or foreign antitrust laws as defined in paragraphs (5) and (7), respectively, of section 12 of the International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6211 ).", "id": "H6B3E69BD55B84F2CA3AD6D91001600D3", "header": "Section Not To Apply to Antitrust Investigations or Proceedings", "nested": [], "links": [ { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" } ] }, { "text": "(g) Adverse Result Defined \nFor purposes of this section the term adverse result means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such practices; (B) impeding the ability of the Commission to identify persons involved in fraudulent or deceptive commercial practices, or to trace the source or disposition of funds related to such practices; or (C) the dissipation, fraudulent transfer, or concealment of assets subject to recovery by the Commission.", "id": "HA3F0CFDDFCE6414CBD2682A5AF8E9F9E", "header": "Adverse Result Defined", "nested": [], "links": [] } ], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3409", "legal-doc": "usc", "parsable-cite": "usc/12/3409" }, { "text": "section 2705", "legal-doc": "usc", "parsable-cite": "usc/18/2705" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "12 U.S.C. 3404", "legal-doc": "usc", "parsable-cite": "usc/12/3404" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "chapter 121", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/121" }, { "text": "15 U.S.C. 6211", "legal-doc": "usc", "parsable-cite": "usc/15/6211" } ] }, { "text": "8. Protection for Voluntary Provision of information \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is further amended by adding after section 21A (as added by section 7 of this Act) the following: 21B. Protection for voluntary provision of information \n(a) In General \n(1) No liability for providing certain material \nAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— (A) a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or (B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to provide material. (2) Limitations \nNothing in this subsection shall be construed to exempt any such entity from liability— (A) for the underlying conduct reported; or (B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission. (b) Certain financial institutions \nAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— (1) a disclosure regarding assets, including assets located in foreign jurisdictions— (A) related to possibly fraudulent or deceptive commercial practices; (B) related to persons involved in such practices; or (C) otherwise subject to recovery by the Commission; or (2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices. (c) Consumer Complaints \nAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct. (d) Application \nThis section applies to the following entities, whether foreign or domestic: (1) A financial institution as defined in section 5312 of title 31, United States Code. (2) To the extent not included in paragraph (1) a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments. (3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. (4) An Internet service provider or provider of telephone services..", "id": "H8A20BC85B11E46E2B308214CB9032B00", "header": "Protection for Voluntary Provision of information", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "section 5318(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/31/5318" }, { "text": "section 5312", "legal-doc": "usc", "parsable-cite": "usc/31/5312" } ] }, { "text": "21B. Protection for voluntary provision of information \n(a) In General \n(1) No liability for providing certain material \nAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— (A) a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or (B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to provide material. (2) Limitations \nNothing in this subsection shall be construed to exempt any such entity from liability— (A) for the underlying conduct reported; or (B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission. (b) Certain financial institutions \nAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— (1) a disclosure regarding assets, including assets located in foreign jurisdictions— (A) related to possibly fraudulent or deceptive commercial practices; (B) related to persons involved in such practices; or (C) otherwise subject to recovery by the Commission; or (2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices. (c) Consumer Complaints \nAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct. (d) Application \nThis section applies to the following entities, whether foreign or domestic: (1) A financial institution as defined in section 5312 of title 31, United States Code. (2) To the extent not included in paragraph (1) a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments. (3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. (4) An Internet service provider or provider of telephone services.", "id": "H8C7AB310655C443894FC5693EEBA675E", "header": "Protection for voluntary provision of information", "nested": [ { "text": "(a) In General \n(1) No liability for providing certain material \nAn entity described in paragraphs (2) or (3) of subsection (d) that voluntarily provides material to the Commission that such entity reasonably believes is relevant to— (A) a possible unfair or deceptive act or practice, as defined in section 5(a) of this Act; or (B) assets subject to recovery by the Commission, including assets located in foreign jurisdictions; shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to provide material. (2) Limitations \nNothing in this subsection shall be construed to exempt any such entity from liability— (A) for the underlying conduct reported; or (B) to any Federal agency for providing such material or for any failure to comply with any obligation the entity may have to notify a Federal agency prior to providing such material to the Commission.", "id": "H6B02A9ED75A04E4F9D38FD3D25E161E6", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Certain financial institutions \nAn entity described in paragraph (1) of subsection (d) shall, in accordance with section 5318(g)(3) of title 31, United States Code, be exempt from liability for making a voluntary disclosure to the Commission of any possible violation of law or regulation, including— (1) a disclosure regarding assets, including assets located in foreign jurisdictions— (A) related to possibly fraudulent or deceptive commercial practices; (B) related to persons involved in such practices; or (C) otherwise subject to recovery by the Commission; or (2) a disclosure regarding suspicious chargeback rates related to possibly fraudulent or deceptive commercial practices.", "id": "HF2FC32D9B7FB40A0B4EEF7ACAF008E90", "header": "Certain financial institutions", "nested": [], "links": [ { "text": "section 5318(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/31/5318" } ] }, { "text": "(c) Consumer Complaints \nAny entity described in subsection (d) that voluntarily provides consumer complaints sent to it, or information contained therein, to the Commission shall not be liable to any person under any law or regulation of the United States, or under the constitution, or any law or regulation, of any State, political subdivision of a State, territory of the United States, or the District of Columbia, for such provision of material or for any failure to provide notice of such provision of material or of intention to so provide material. This subsection shall not provide any exemption from liability for the underlying conduct.", "id": "HBD1423E3B2DD484A98F781B6BC732B66", "header": "Consumer Complaints", "nested": [], "links": [] }, { "text": "(d) Application \nThis section applies to the following entities, whether foreign or domestic: (1) A financial institution as defined in section 5312 of title 31, United States Code. (2) To the extent not included in paragraph (1) a bank or thrift institution, a commercial bank or trust company, an investment company, a credit card issuer, an operator of a credit card system, and an issuer, redeemer, or cashier of travelers’ checks, money orders, or similar instruments. (3) A courier service, a commercial mail receiving agency, an industry membership organization, a payment system provider, a consumer reporting agency, a domain name registrar or registry acting as such, and a provider of alternative dispute resolution services. (4) An Internet service provider or provider of telephone services.", "id": "H80475C3B8D11465799BAAD94AC44E6F9", "header": "Application", "nested": [], "links": [ { "text": "section 5312", "legal-doc": "usc", "parsable-cite": "usc/31/5312" } ] } ], "links": [ { "text": "section 5318(g)(3)", "legal-doc": "usc", "parsable-cite": "usc/31/5318" }, { "text": "section 5312", "legal-doc": "usc", "parsable-cite": "usc/31/5312" } ] }, { "text": "9. Staff Exchanges \nThe Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) is amended by adding after section 25 the following new section: 25A. Staff Exchanges \n(a) In General \nThe Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 2 of this Act, or section 3101 or section 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies. (b) Reciprocity and reimbursement \nThe staff arrangements described in subsections (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements. (c) Standards of Conduct \nA person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment..", "id": "HAE43F632B3C145F19C95BC9D14A469D9", "header": "Staff Exchanges", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "25A. Staff Exchanges \n(a) In General \nThe Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 2 of this Act, or section 3101 or section 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies. (b) Reciprocity and reimbursement \nThe staff arrangements described in subsections (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements. (c) Standards of Conduct \nA person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment.", "id": "HE3B7BB8D0CE94824BE763D1D44B930F6", "header": "Staff Exchanges", "nested": [ { "text": "(a) In General \nThe Commission may— (1) retain or employ officers or employees of foreign government agencies on a temporary basis as employees of the Commission pursuant to section 2 of this Act, or section 3101 or section 3109 of title 5, United States Code; and (2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies.", "id": "H8B409614321A463484F71351AE61C858", "header": "In General", "nested": [], "links": [ { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "(b) Reciprocity and reimbursement \nThe staff arrangements described in subsections (a) need not be reciprocal. The Commission may accept payment or reimbursement, in cash or in kind, from a foreign government agency to which this section is applicable, or payment or reimbursement made on behalf of such agency, for expenses incurred by the Commission, its members, and employees in carrying out such arrangements.", "id": "HE40A4D2A0CAA451BA153C1EB3D92B704", "header": "Reciprocity and reimbursement", "nested": [], "links": [] }, { "text": "(c) Standards of Conduct \nA person appointed under subsection (a)(1) shall be subject to the provisions of law relating to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the standards of conduct for Federal employees that are applicable to the type of appointment.", "id": "H211774FD1CA84B74B0E8331D38A4DE88", "header": "Standards of Conduct", "nested": [], "links": [] } ], "links": [ { "text": "3101", "legal-doc": "usc", "parsable-cite": "usc/5/3101" }, { "text": "3109", "legal-doc": "usc", "parsable-cite": "usc/5/3109" } ] }, { "text": "10. Information sharing with financial regulators \nSection 1112(e) of the Right to Financial Privacy Act ( 12 U.S.C. 3412(e) ) is amended by inserting the Federal Trade Commission, after the Securities and Exchange Commission,.", "id": "H2BCBD71F05C8496B807D4DF7B8ACEB9B", "header": "Information sharing with financial regulators", "nested": [], "links": [ { "text": "12 U.S.C. 3412(e)", "legal-doc": "usc", "parsable-cite": "usc/12/3412" } ] }, { "text": "11. Preservation of existing authority \nThe authority provided by this Act, and by the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) and the Right to Financial Privacy Act ( 12 U.S.C. 3401 et seq. ), as such Acts are amended by this Act, is in addition to, and not in lieu of, any other authority vested in the Federal Trade Commission or any other officer of the United States.", "id": "HBA660EAF368E4841B99E67934EDB4CCD", "header": "Preservation of existing authority", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" } ] }, { "text": "12. Report \nNot later than 3 years after the date of enactment of this Act, the Federal Trade Commission shall transmit to Congress a report describing its use of and experience with the authority granted by this Act, along with any recommendations for additional legislation. The report shall include— (1) the number of cross-border complaints received by the Commission; (2) identification of the foreign agencies to which the Commission has provided nonpublic investigative information under this Act; (3) the number of times the Commission has used compulsory process on behalf of foreign law enforcement agencies pursuant to section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ), as amended by section 4 of this Act; (4) a list of international agreements and memoranda of understanding executed by the Commission that relate to this Act; (5) the number of times the Commission has sought delay of notice pursuant to section 21A of the Federal Trade Commission Act, as added by section 7 of this Act, and the number of times a court has granted a delay; (6) a description of the types of information private entities have provided voluntarily pursuant to section 21B of the Federal Trade Commission Act, as added by section 8 of this Act; (7) a description of the results of cooperation with foreign law enforcement agencies under section 21 of the Federal Trade Commission Act ( 15 U.S.C. 57–2 ) as amended by section 6 of this Act; (8) an analysis of whether the lack of an exemption from the disclosure requirements of section 552 of title 5, United States Code, with regard to information or material voluntarily provided relevant to possible unfair or deceptive acts or practices, has hindered the Commission in investigating or engaging in enforcement proceedings against such practices; and (9) a description of Commission litigation brought in foreign courts.", "id": "H3115B81E35CB4251BCBAF1B63D09878", "header": "Report", "nested": [], "links": [ { "text": "15 U.S.C. 46", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "15 U.S.C. 57–2", "legal-doc": "usc", "parsable-cite": "usc/15/57-2" }, { "text": "section 552", "legal-doc": "usc", "parsable-cite": "usc/5/552" } ] } ]

[ "Agriculture and Food", "Bank records", "Business records", "Canada", "Civil Rights and Liberties, Minority Issues", "Civil actions and liability", "Collection of accounts", "Conferences", "Confidential communications", "Congress", "Congressional reporting requirements", "Consumer complaints", "Consumer protection", "Crime and Law Enforcement", "Crime prevention", "Criminal investigation", "Criminal justice information", "Electronic mail systems", "Evidence (Law)", "Federal Trade Commission", "Federal employees", "Finance and Financial Sector", "Foreign Trade and International Finance", "Fraud", "Fugitives from justice", "Government Operations and Politics", "Government attorneys", "Government ethics", "Government paperwork", "Government travel", "Independent regulatory commissions", "Injunctions", "International Affairs", "International agencies", "International cooperation", "Internet", "Labor and Employment", "Latin America", "Law", "Liability (Law)", "Mexico", "Reciprocity", "Restrictive trade practices", "Right of privacy", "Science, Technology, Communications", "State-sponsored terrorism", "Subpoena", "Technical assistance", "Telecommunication industry", "Telephone", "Temporary employment", "Transfer of employees", "Travel costs", "Treaties", "Witnesses" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC00AC42150ED4CAC844E0003DBE2F134", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of Certain Requirements Relating to Electioneering Communications \n(a) Disclosure of Disbursements for Communications \nSection 304(f) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(f) ) is amended by adding at the end the following new paragraph: (8) Termination of reporting requirement \nNo person shall be required to file any statement under this subsection with respect to any disbursement made on or after November 6, 2002.. (b) Prohibition Against Making of Disbursements for Communications by Corporations and Labor Organizations \nSection 316 of such Act ( 2 U.S.C. 441b ) is amended— (1) in subsection (b)(2), by striking or for any applicable electioneering communication ; and (2) by striking subsection (c). (c) Treatment of Coordinated Communications as Contributions \nSection 315(a)(7) of such Act ( 2 U.S.C. 441b(a)(7) ) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraph (D) as subparagraph (C).", "id": "H20592FCE66F54C358394BE3E77DFE96F", "header": "Repeal of Certain Requirements Relating to Electioneering Communications", "nested": [ { "text": "(a) Disclosure of Disbursements for Communications \nSection 304(f) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(f) ) is amended by adding at the end the following new paragraph: (8) Termination of reporting requirement \nNo person shall be required to file any statement under this subsection with respect to any disbursement made on or after November 6, 2002..", "id": "H37E5A944524141B38E334BBE1DEB4728", "header": "Disclosure of Disbursements for Communications", "nested": [], "links": [ { "text": "2 U.S.C. 434(f)", "legal-doc": "usc", "parsable-cite": "usc/2/434" } ] }, { "text": "(b) Prohibition Against Making of Disbursements for Communications by Corporations and Labor Organizations \nSection 316 of such Act ( 2 U.S.C. 441b ) is amended— (1) in subsection (b)(2), by striking or for any applicable electioneering communication ; and (2) by striking subsection (c).", "id": "HA9693814459D4218BDF43C0046D8E339", "header": "Prohibition Against Making of Disbursements for Communications by Corporations and Labor Organizations", "nested": [], "links": [ { "text": "2 U.S.C. 441b", "legal-doc": "usc", "parsable-cite": "usc/2/441b" } ] }, { "text": "(c) Treatment of Coordinated Communications as Contributions \nSection 315(a)(7) of such Act ( 2 U.S.C. 441b(a)(7) ) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraph (D) as subparagraph (C).", "id": "HE52C031519044C5FAC9C6762DE3B0107", "header": "Treatment of Coordinated Communications as Contributions", "nested": [], "links": [ { "text": "2 U.S.C. 441b(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/2/441b" } ] } ], "links": [ { "text": "2 U.S.C. 434(f)", "legal-doc": "usc", "parsable-cite": "usc/2/434" }, { "text": "2 U.S.C. 441b", "legal-doc": "usc", "parsable-cite": "usc/2/441b" }, { "text": "2 U.S.C. 441b(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/2/441b" } ] }, { "text": "3. Effective Date \nThe amendments made by this Act shall take effect as if included in the enactment of the Bipartisan Campaign Reform Act of 2002.", "id": "H2B7B0543A9EE4D56805224CB5336C296", "header": "Effective Date", "nested": [], "links": [] } ]

[ "Business and politics", "Campaign funds", "Commerce", "Corporations", "Government paperwork", "Labor and Employment", "Labor unions", "Political advertising" ]

[ { "text": "1. Short title \nThis Act may be cited as the Working Families Access to Justice Act of 2004.", "id": "H52A4BD64E5C342F49936208EA5338B11", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendment to National Labor Relations Act \nThe National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following: 20. Awards of attorneys’ fees and costs \n(a) Administrative proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term adversary adjudication has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. (b) Court proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust..", "id": "H96AA3461397B4EBA8E18F4834CBEC7B0", "header": "Amendment to National Labor Relations Act", "nested": [], "links": [ { "text": "section 504", "legal-doc": "usc", "parsable-cite": "usc/5/504" }, { "text": "section 504(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/5/504" }, { "text": "section 2412(d)", "legal-doc": "usc", "parsable-cite": "usc/28/2412" } ] }, { "text": "20. Awards of attorneys’ fees and costs \n(a) Administrative proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term adversary adjudication has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. (b) Court proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.", "id": "H533A594B18764B5DAC62DB99B967A6C", "header": "Awards of attorneys’ fees and costs", "nested": [ { "text": "(a) Administrative proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term adversary adjudication has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code.", "id": "H47BFBA3A444E46F3AE233FD4D02FF15", "header": "Administrative proceedings", "nested": [], "links": [ { "text": "section 504", "legal-doc": "usc", "parsable-cite": "usc/5/504" }, { "text": "section 504(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/5/504" } ] }, { "text": "(b) Court proceedings \nAn employer who, or a labor organization that— (1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and (2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.", "id": "H8FDFC29A734B4F018F6578CD2D6D0089", "header": "Court proceedings", "nested": [], "links": [ { "text": "section 2412(d)", "legal-doc": "usc", "parsable-cite": "usc/28/2412" } ] } ], "links": [ { "text": "section 504", "legal-doc": "usc", "parsable-cite": "usc/5/504" }, { "text": "section 504(b)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/5/504" }, { "text": "section 2412(d)", "legal-doc": "usc", "parsable-cite": "usc/28/2412" } ] }, { "text": "3. Applicability \n(a) Agency proceedings \nSubsection (a) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court proceedings \nSubsection (b) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act.", "id": "HBA513193545F42DABCDCBC9125A790C6", "header": "Applicability", "nested": [ { "text": "(a) Agency proceedings \nSubsection (a) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act.", "id": "H3286C1FB23DA4D7DAB10E494F200D304", "header": "Agency proceedings", "nested": [], "links": [] }, { "text": "(b) Court proceedings \nSubsection (b) of section 20 of the National Labor Relations Act, as added by section 2 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act.", "id": "H9A6B71A3D2714E9FB7ECE3559E10064E", "header": "Court proceedings", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative remedies", "Civil actions and liability", "Commerce", "Government Operations and Politics", "Industrial relations", "Judicial review", "Labor unions", "Law", "Legal fees", "National Labor Relations Board", "Small business" ]

[ { "text": "1. Short title \nThis Act may be cited as the NASA and JPL 50th Anniversary Commemorative Coin Act.", "id": "H1065283390274CA69C9ED0249ECDD835", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Coin specifications \n(a) Denominations \nIn commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the “Secretary) shall mint and issue the following coins: (1) $10 gold coins \nNot more than 75,000 $10 gold coins of such specifications as the Secretary determines to be appropriate. (2) $5 gold coins \nNot more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (3) $1 silver coins \nNot more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (4) Half dollar silver coins \nNot more than 500,000 half dollar coins which shall— (A) have a diameter of 1.205 inches; and (B) 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 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H2F49B80EF6854CB694ACD818669888B6", "header": "Coin specifications", "nested": [ { "text": "(a) Denominations \nIn commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the “Secretary) shall mint and issue the following coins: (1) $10 gold coins \nNot more than 75,000 $10 gold coins of such specifications as the Secretary determines to be appropriate. (2) $5 gold coins \nNot more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (3) $1 silver coins \nNot more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (4) Half dollar silver coins \nNot more than 500,000 half dollar coins which shall— (A) have a diameter of 1.205 inches; and (B) contain 90 percent silver and 10 percent copper.", "id": "HF4B0985FA2EE4084B68DFD9E5EBDE61D", "header": "Denominations", "nested": [], "links": [] }, { "text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.", "id": "H92B7A3E48F184C9DA4C787BBE02861F4", "header": "Legal tender", "nested": [], "links": [ { "text": "section 5103", "legal-doc": "usc", "parsable-cite": "usc/31/5103" } ] }, { "text": "(c) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "HCB3EB0F807B04EE8AADA11DAB818AFEF", "header": "Numismatic items", "nested": [], "links": [ { "text": "section 5134", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ], "links": [ { "text": "section 5103", "legal-doc": "usc", "parsable-cite": "usc/31/5103" }, { "text": "section 5134", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] }, { "text": "3. 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 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (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 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum , and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images \n(A) $10 coins \nThe reverse of the $10 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (B) $5 coins \nThe reverse of the $5 coins issued under this Act shall bear at least 2 different designs— (i) 1 of which shall be emblematic of the Moon missions of the National Aeronautics and Space Administration; and (ii) 1 of which shall be emblematic of the Earth missions of the National Aeronautics and Space Administration. (C) $1 coins \n(i) Obverse \nThe obverse of the $1 coins issued under this Act shall honor the achievements of the Jet Propulsion Laboratory and bear an image emblematic of the missions and achievements of the Laboratory in the exploration of the solar system. (ii) Reverse \nThe reverse of the $1 coins issued under this Act shall bear 8 different designs each of which shall consist of an image of 1 of the 8 planets of the solar system, other than Earth, and be emblematic of the missions of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory to such planet. (D) Half dollar coins \nThe reverse of the half dollar coins shall bear an image of the universe. (4) Realistic and scientifically accurate depictions \nThe images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called Golden Age of Coinage in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee.", "id": "H93281E5ACE394237A7173D010053EB56", "header": "Design of coins", "nested": [ { "text": "(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (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 2008 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum , and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images \n(A) $10 coins \nThe reverse of the $10 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (B) $5 coins \nThe reverse of the $5 coins issued under this Act shall bear at least 2 different designs— (i) 1 of which shall be emblematic of the Moon missions of the National Aeronautics and Space Administration; and (ii) 1 of which shall be emblematic of the Earth missions of the National Aeronautics and Space Administration. (C) $1 coins \n(i) Obverse \nThe obverse of the $1 coins issued under this Act shall honor the achievements of the Jet Propulsion Laboratory and bear an image emblematic of the missions and achievements of the Laboratory in the exploration of the solar system. (ii) Reverse \nThe reverse of the $1 coins issued under this Act shall bear 8 different designs each of which shall consist of an image of 1 of the 8 planets of the solar system, other than Earth, and be emblematic of the missions of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory to such planet. (D) Half dollar coins \nThe reverse of the half dollar coins shall bear an image of the universe. (4) Realistic and scientifically accurate depictions \nThe images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called Golden Age of Coinage in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan.", "id": "H632252CB660941DF8F11567B23130171", "header": "Design requirements", "nested": [], "links": [] }, { "text": "(b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee.", "id": "H4B845365AFD44E20A55EC36BF2F646D2", "header": "Selection", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Symbolic Inclusion of Precious Metals That Have Flown in Space \n(a) Collection \nEach Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall— (1) retrieve any gold, silver, copper, and other precious metal that the Director of the United States Mint determines may be used in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such precious metals so retrieved with the Director of the United States Mint. (b) Segregation and Recordkeeping \nEach Federal agency and instrumentality of the United States which retrieves any precious metals in accordance with subsection (a), and the Director of the United States Mint with respect to precious metals deposited with the Mint in accordance with such subsection, shall maintain such precious metals separately from other metals not so retrieved or obtained and shall maintain accurate and complete records of the retrieval and deposit of any such precious metals. (c) Use of Precious Metals in Production of Coins \nAny precious metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such precious metals with other bullion necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of precious metals so deposited.", "id": "H72FF6F43B82C4913BADAE015E901B1F6", "header": "Symbolic Inclusion of Precious Metals That Have Flown in Space", "nested": [ { "text": "(a) Collection \nEach Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall— (1) retrieve any gold, silver, copper, and other precious metal that the Director of the United States Mint determines may be used in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such precious metals so retrieved with the Director of the United States Mint.", "id": "H95FA4A16B4594385AE83797822749095", "header": "Collection", "nested": [], "links": [] }, { "text": "(b) Segregation and Recordkeeping \nEach Federal agency and instrumentality of the United States which retrieves any precious metals in accordance with subsection (a), and the Director of the United States Mint with respect to precious metals deposited with the Mint in accordance with such subsection, shall maintain such precious metals separately from other metals not so retrieved or obtained and shall maintain accurate and complete records of the retrieval and deposit of any such precious metals.", "id": "H930E49AB9EC6476CB800B8239E5B8CA7", "header": "Segregation and Recordkeeping", "nested": [], "links": [] }, { "text": "(c) Use of Precious Metals in Production of Coins \nAny precious metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such precious metals with other bullion necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of precious metals so deposited.", "id": "HF7DF4FA9BFD54B20975788BB50A07F9C", "header": "Use of Precious Metals in Production of Coins", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Sets \nIn issuing coins minted under this Act, the Secretary shall make not less than 25,000 sets of coins available for issuance each of which shall contain the coins of each denomination of the coins minted under this Act, including a coin bearing each design required for the reverse of any such denomination of coin. (c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (d) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1, 2008. (e) Termination of minting authority \nNo coins may be minted under this Act after December 31, 2008.", "id": "HAB34D7ABDBD74EDA9621B7D90500ECD7", "header": "Issuance of coins", "nested": [ { "text": "(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities.", "id": "H0DEACAFC2450418782EEDCE1C85400F8", "header": "Quality of coins", "nested": [], "links": [] }, { "text": "(b) Sets \nIn issuing coins minted under this Act, the Secretary shall make not less than 25,000 sets of coins available for issuance each of which shall contain the coins of each denomination of the coins minted under this Act, including a coin bearing each design required for the reverse of any such denomination of coin.", "id": "H84386C19EDA14EF498B84F754E6F62CA", "header": "Sets", "nested": [], "links": [] }, { "text": "(c) Mint facility \nOnly 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act.", "id": "H6174F836515C4E7D8BA39E27296E347B", "header": "Mint facility", "nested": [], "links": [] }, { "text": "(d) Commencement of issuance \nThe Secretary may issue coins minted under this Act beginning January 1, 2008.", "id": "H01C0AF779959402EBE14182832422969", "header": "Commencement of issuance", "nested": [], "links": [] }, { "text": "(e) Termination of minting authority \nNo coins may be minted under this Act after December 31, 2008.", "id": "H8005A6A517BE432B969F32B5DB253331", "header": "Termination of minting authority", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 6(a) 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) Prepaid orders \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": "H2BBFBBB460974C8EBA2184002977C69E", "header": "Sale of coins", "nested": [ { "text": "(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 6(a) 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).", "id": "H85835B420E994327005BFF65CBE2337B", "header": "Sale price", "nested": [], "links": [] }, { "text": "(b) Prepaid orders \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": "HAA5BD8E28060420A8312C81622C846E", "header": "Prepaid orders", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Surcharges \n(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $75 per coin for the $10 coin. (2) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $10 per coin for the $1 coin. (4) A surcharge of $3 per coin for the half dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (c) Audits \nThe NASA Family Assistance Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the under subsection (b).", "id": "HA8FCCEF71E9741FFBB3B10D400444CDD", "header": "Surcharges", "nested": [ { "text": "(a) In general \nAll sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $75 per coin for the $10 coin. (2) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $10 per coin for the $1 coin. (4) A surcharge of $3 per coin for the half dollar coin.", "id": "HF4813411BD714F5800B627F3E1490500", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.", "id": "HDBBA5CF597B143D5B400EB2BD83FD3B3", "header": "Distribution", "nested": [], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] }, { "text": "(c) Audits \nThe NASA Family Assistance Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the under subsection (b).", "id": "H546E2737241D4EDBB795C3686E000003", "header": "Audits", "nested": [], "links": [ { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ], "links": [ { "text": "section 5134(f)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" }, { "text": "section 5134(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/31/5134" } ] } ]

[ "Aeronautics", "Anniversaries", "Astronautics", "Auditing", "Coins and coinage", "Copper", "Economics and Public Finance", "Families", "Finance and Financial Sector", "Gold", "Government Operations and Politics", "Government trust funds", "Labor and Employment", "Laboratories", "National Aeronautics and Space Administration", "Science, Technology, Communications", "Silver", "Space activities", "Spacecraft", "Survivors' benefits", "Transportation and Public Works" ]

[ { "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. 1904 (2004), and such rule shall have no force or effect.", "id": "H20ECAD9C2A6E4F6185BEC270E6264862", "header": null, "nested": [], "links": [] } ]

[ "Administrative procedure", "Bank loans", "Commerce", "Congress", "Congressional oversight", "Congressional veto", "Consumer credit", "Department of the Treasury", "Federal preemption", "Government Operations and Politics", "Housing and Community Development", "Law", "Mortgage banks", "Mortgages", "State laws" ]

[ { "text": "1. Modification of calculation of duty imposed on imported cherries that are provisionally preserved \n(a) Amendments \nSubheading 0812.10.00 of the Harmonized Tariff Schedule of the United States is amended— (1) in the general subcolumn of the column 1 rate of duty, by inserting on drained weight after 13.4¢/kg ; and (2) in the special subcolumn of the column 1 rate of duty, by inserting on drained weight after 2.6¢/kg and 11.7¢/kg. (b) Effective Date \nThe amendments made by subsection (a) shall be effective for the period beginning on the date of the enactment of this Act and ending on the date on which the specific rate of duty involved is reduced to free.", "id": "HFDBA3118938A4D128227CAEDF515A298", "header": "Modification of calculation of duty imposed on imported cherries that are provisionally preserved", "nested": [ { "text": "(a) Amendments \nSubheading 0812.10.00 of the Harmonized Tariff Schedule of the United States is amended— (1) in the general subcolumn of the column 1 rate of duty, by inserting on drained weight after 13.4¢/kg ; and (2) in the special subcolumn of the column 1 rate of duty, by inserting on drained weight after 2.6¢/kg and 11.7¢/kg.", "id": "HF1F59F3AE0704EBD82C50478B8DE267C", "header": "Amendments", "nested": [], "links": [] }, { "text": "(b) Effective Date \nThe amendments made by subsection (a) shall be effective for the period beginning on the date of the enactment of this Act and ending on the date on which the specific rate of duty involved is reduced to free.", "id": "HAAB6A6FFE4F94B50960602CDFB29E440", "header": "Effective Date", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "Agriculture in foreign trade", "Food preservation", "Fruit", "Imports", "Tariff" ]

[ { "text": "1. Transfers of funds \nSection 402(h) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(h) ) is amended to read as follows: (h) Transfers of interest earned by fund \n(1) In general \nThe Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). (2) Transfers described \nThe transfers referred to in paragraph (1) are the following: (A) United Mine Workers of America Combined Benefit Fund \nA transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between— (i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus (ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. (B) United Mine Workers of America 1992 Benefit Plan \nA transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between— (i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus (ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. (C) Multiemployer health benefit plan \nA transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between— (i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus (ii) the amount of income that such trustees estimate such plan will receive during such calendar year. (3) Adjustment \nIf, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. (4) Additional amounts \n(A) Previously credited interest \nNotwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used— (i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and (ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), and (C) of paragraph (2). (B) Previously allocated amounts \nAll amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). (5) Limitations \n(A) Availability of funds for next fiscal year \nThe Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). (B) Rate of contributions of obligors \nA transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph..", "id": "H2951A06822B64DEEAA1E007959819F5F", "header": "Transfers of funds", "nested": [], "links": [ { "text": "30 U.S.C. 1232(h)", "legal-doc": "usc", "parsable-cite": "usc/30/1232" } ] } ]

[ "Administrative procedure", "Coal", "Department of the Interior", "Economics and Public Finance", "Employee health benefits", "Energy", "Finance and Financial Sector", "Government Operations and Politics", "Government trust funds", "Health", "Insurance premiums", "Interest", "Labor and Employment", "Law", "Medical economics", "Miners", "Reclamation of land", "Retiree health benefits", "Social Welfare", "Strip mining" ]

[ { "text": "1. Short title \nThis Act may be cited as the Taxpayer-Teacher Protection Act of 2004.", "id": "H5325702DD5D0405DA844741FC9D3C61", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reduction of special allowance payments for loans from the proceeds of tax exempt issues \nSection 438(b)(2)(B) ( 20 U.S.C. 1087–1(b)(2)(B) ) is amended— (1) in clause (i), by striking this division and inserting this clause ; (2) in clause (ii), by striking division (i) of this subparagraph and inserting clause (i) of this subparagraph ; (3) in clause (iv), by inserting or refunded after September 30, 2004, and before October 1, 2005, after October 1, 1993, ; and (4) by adding at the end the following new clause: (v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that— (I) were made or purchased with funds— (aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or (bb) obtained from collections or default reimbursements on, or interest or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and (II) are— (aa) financed by such an obligation that has matured, or been retired or defeased; (bb) refinanced after September 30, 2004, and before October 1, 2005, with funds obtained from a source other than funds described in subclause (I) of this clause; or (cc) sold or transferred to any other holder after September 30, 2004, and before October 1, 2005..", "id": "HD72B5DA48DCE467FBF140015E500C714", "header": "Reduction of special allowance payments for loans from the proceeds of tax exempt issues", "nested": [], "links": [ { "text": "20 U.S.C. 1087–1(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/20/1087-1" } ] }, { "text": "3. Loan forgiveness for teachers \n(a) Implementing highly qualified teacher requirements \n(1) Amendments \n(A) FFEL loans \nSection 428J(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b)(1) ) is amended— (i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon; and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965; and. (B) Direct loans \nSection 460(b)(1)(A) of such Act ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (i) in clause (i), by inserting ‘‘and’’ after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: (ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and. (2) Transition rule \n(A) Rule \nThe amendments made by paragraph (1) of this subsection to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as such sections were in effect on the day before the date of enactment of this Act. (B) Rule not applicable to increased qualified loan amounts \nSubparagraph (A) of this paragraph shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(c)(3) and 460(c)(3) of the Higher Education Act of 1965 as added by subsection (b) of this section. (b) Additional amounts eligible to be repaid \n(1) FFEL loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (2) Direct loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b)(1); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b)(1); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (3) Effective date \nThe amendments made by this subsection shall apply only with respect to eligible individuals who are new borrowers (as such term is defined in 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) on or after October 1, 1998, and before August 16, 2005.", "id": "HF73C5CE8C87740FA989C22396758ED9B", "header": "Loan forgiveness for teachers", "nested": [ { "text": "(a) Implementing highly qualified teacher requirements \n(1) Amendments \n(A) FFEL loans \nSection 428J(b)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(b)(1) ) is amended— (i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon; and (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965; and. (B) Direct loans \nSection 460(b)(1)(A) of such Act ( 20 U.S.C. 1087j(b)(1)(A) ) is amended— (i) in clause (i), by inserting ‘‘and’’ after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: (ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and. (2) Transition rule \n(A) Rule \nThe amendments made by paragraph (1) of this subsection to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as such sections were in effect on the day before the date of enactment of this Act. (B) Rule not applicable to increased qualified loan amounts \nSubparagraph (A) of this paragraph shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(c)(3) and 460(c)(3) of the Higher Education Act of 1965 as added by subsection (b) of this section.", "id": "H641B33585D4C479BBB5E44BE42D1BA23", "header": "Implementing highly qualified teacher requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" } ] }, { "text": "(b) Additional amounts eligible to be repaid \n(1) FFEL loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (2) Direct loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ) is amended by adding at the end the following: (3) Additional amounts for teachers in mathematics, science, or special education \nNotwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b)(1); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b)(1); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.. (3) Effective date \nThe amendments made by this subsection shall apply only with respect to eligible individuals who are new borrowers (as such term is defined in 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) on or after October 1, 1998, and before August 16, 2005.", "id": "H6CBE9BA9976A42AD810500009DF8E79D", "header": "Additional amounts eligible to be repaid", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] } ], "links": [ { "text": "20 U.S.C. 1078–10(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(b)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] } ]

[ "Debtor and creditor", "Disabled", "Economics and Public Finance", "Education of the disadvantaged", "Elementary and secondary education", "Elementary education", "Federal aid to education", "Federally-guaranteed loans", "Finance and Financial Sector", "Government lending", "Higher education", "Housing and Community Development", "Interest rates", "Labor and Employment", "Mathematics", "Reading", "Recruiting of employees", "Rural education", "Scholarships", "Science, Technology, Communications", "Scientific education", "Secondary education", "Social Welfare", "Special education", "Student loan funds", "Subsidies", "Tax-exempt securities", "Teacher education", "Teacher supply and demand", "Teachers" ]

[ { "text": "1. Prompt consideration of certain petitions requesting Federal recognition as an Indian tribe \n(a) Time period for proposed finding \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations. (b) Time period for final determination \nNot later than one year after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe. (c) Notification; opt out \nNot later than 30 days after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall notify, in writing, all eligible tribes of their inclusion in the expedited procedure for proposed findings and final determinations under this Act. If, not later than 60 days after the date of the enactment of this Act, a petitioner notifies the Secretary of the Interior, or a designee of the Secretary, in writing, that the tribe elects to opt out of the expedited procedure, the tribe shall not be considered an eligible tribe for the purposes of this Act. (d) Number of members not a factor \nThe number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary of the Interior, or a designee of the Secretary, may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (e) Effect of failure to comply \nIf the Secretary of the Interior, or a designee of the Secretary, fails to publish a proposed finding required by subsection (a) or a 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 relevant eligible tribe may— (1) treat such failure as final agency action refusing to recognize the 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. (f) Review of adverse decision \nIf the final determination required by subsection (b) refuses to recognize the tribe as an Indian tribe, the 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. (g) Consideration of other petitions \nUntil the Secretary of the Interior, or a designee of the Secretary, has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an Indian tribe may be processed except those listed as having a status of Active or In Post-Final Decision Appeal Process by the Department of the Interior on July 1, 2004. (h) No change in criteria \nNothing in this Act shall be construed to change the criteria established by the Department of the Interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. (i) Eligible tribe \nFor the purposes of this section, the term eligible tribe means a tribe that— (1) has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; and (2) is listed as having a status of Ready, Waiting for Active Consideration by the Department of the Interior on July 1, 2004.", "id": "H2718BAAA615C4C9F92431D524115A56", "header": "Prompt consideration of certain petitions requesting Federal recognition as an Indian tribe", "nested": [ { "text": "(a) Time period for proposed finding \nNot later than 6 months after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations.", "id": "HD9DC712D34444844002711D559C09FA3", "header": "Time period for proposed finding", "nested": [], "links": [] }, { "text": "(b) Time period for final determination \nNot later than one year after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe.", "id": "HE626E97FA7914DDEB9A5789249074B00", "header": "Time period for final determination", "nested": [], "links": [] }, { "text": "(c) Notification; opt out \nNot later than 30 days after the date of the enactment of this Act, the Secretary of the Interior, or a designee of the Secretary, shall notify, in writing, all eligible tribes of their inclusion in the expedited procedure for proposed findings and final determinations under this Act. If, not later than 60 days after the date of the enactment of this Act, a petitioner notifies the Secretary of the Interior, or a designee of the Secretary, in writing, that the tribe elects to opt out of the expedited procedure, the tribe shall not be considered an eligible tribe for the purposes of this Act.", "id": "HD1965C850378427193819648C6613066", "header": "Notification; opt out", "nested": [], "links": [] }, { "text": "(d) Number of members not a factor \nThe number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary of the Interior, or a designee of the Secretary, may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations.", "id": "H90839132824043F498A6361B05125DA", "header": "Number of members not a factor", "nested": [], "links": [] }, { "text": "(e) Effect of failure to comply \nIf the Secretary of the Interior, or a designee of the Secretary, fails to publish a proposed finding required by subsection (a) or a 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 relevant eligible tribe may— (1) treat such failure as final agency action refusing to recognize the 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.", "id": "H635575DDD8B24E2EA0BB1B51835647C6", "header": "Effect of failure to comply", "nested": [], "links": [ { "text": "section 83.7", "legal-doc": "cfr", "parsable-cite": "cfr/25/83.7" } ] }, { "text": "(f) Review of adverse decision \nIf the final determination required by subsection (b) refuses to recognize the tribe as an Indian tribe, the 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": "HA686104DF0E248CAB5A2CB1835ACD9BF", "header": "Review of adverse decision", "nested": [], "links": [] }, { "text": "(g) Consideration of other petitions \nUntil the Secretary of the Interior, or a designee of the Secretary, has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an Indian tribe may be processed except those listed as having a status of Active or In Post-Final Decision Appeal Process by the Department of the Interior on July 1, 2004.", "id": "H3EA05B8DC68D407B8800891F411D93FD", "header": "Consideration of other petitions", "nested": [], "links": [] }, { "text": "(h) No change in criteria \nNothing in this Act shall be construed to change the criteria established by the Department of the Interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe.", "id": "H4EEFB649142E45E398D5F0E59783146C", "header": "No change in criteria", "nested": [], "links": [] }, { "text": "(i) Eligible tribe \nFor the purposes of this section, the term eligible tribe means a tribe that— (1) has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; and (2) is listed as having a status of Ready, Waiting for Active Consideration by the Department of the Interior on July 1, 2004.", "id": "H6C406D15BC134CF4A6006100B364F75D", "header": "Eligible tribe", "nested": [], "links": [] } ], "links": [ { "text": "section 83.7", "legal-doc": "cfr", "parsable-cite": "cfr/25/83.7" } ] } ]

[ "Administrative remedies", "Department of the Interior", "Federal-Indian relations", "Government Operations and Politics", "Judicial review", "Law", "Minorities" ]

[ { "text": "1. Test of aircraft ocean routing \n(a) In general \nIn order to examine an option for reducing aircraft noise over communities in New Jersey, the Secretary of Transportation shall conduct a 6-month test to determine the costs and benefits of requiring jet-propelled aircraft to conduct ascents after taking off from Newark International Airport, New Jersey, over the ocean. (b) Commencement deadline \nThe Secretary shall commence the test under this section not later than 45 days after the date of enactment of this Act.", "id": "HEBDFB5F518B348DEA1A873F28B851919", "header": "Test of aircraft ocean routing", "nested": [ { "text": "(a) In general \nIn order to examine an option for reducing aircraft noise over communities in New Jersey, the Secretary of Transportation shall conduct a 6-month test to determine the costs and benefits of requiring jet-propelled aircraft to conduct ascents after taking off from Newark International Airport, New Jersey, over the ocean.", "id": "HE1DA819E58FE444BB978D700655BD7AE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Commencement deadline \nThe Secretary shall commence the test under this section not later than 45 days after the date of enactment of this Act.", "id": "HA7A8C9AD943443A08C20C660C4E4ED74", "header": "Commencement deadline", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Report \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the test conducted under section 1. (b) Contents \nThe report shall include an analysis of the effects on noise reduction of ocean routing of aircraft taking off from Newark International Airport and any recommendations and comments of the Secretary concerning ocean routing of air carrier aircraft taking off from Newark International Airport.", "id": "HB33B088A2BB044ACB92423693E4435D0", "header": "Report", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the test conducted under section 1.", "id": "H9A01B44D738B42E4850091879289A9E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report shall include an analysis of the effects on noise reduction of ocean routing of aircraft taking off from Newark International Airport and any recommendations and comments of the Secretary concerning ocean routing of air carrier aircraft taking off from Newark International Airport.", "id": "HD1CEDD1E8A5E4143909DA973D14DEE99", "header": "Contents", "nested": [], "links": [] } ], "links": [] } ]

[ "Air routes", "Airports", "Congress", "Congressional reporting requirements", "Cost effectiveness", "Environmental Protection", "Environmental research", "Infrastructure", "Marine and coastal resources, fisheries", "New Jersey", "Noise", "Ocean", "Transportation research" ]

[ { "text": "1. Community service requirement \n(a) Community service requirement \nSection 12(c)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437j(c)(2) ) is amended— (1) in subparagraph (A) by striking 62 and inserting 60 ; (2) at the end of subparagraph (D) by striking or ; (3) at the end of subparagraph (E) by striking the period and inserting a semicolon; and (4) by adding after subparagraph (E) the following new subparagraphs: (F) is in her third trimester of pregnancy; (G) is a parent or guardian of a child under the age of 5 and resides with the child; (H) has reported being the victim of domestic violence (as such term is defined in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 )) to a local law enforcement agency on at least one occasion during the previous 12 months and such agency has not found that the individual’s report is without merit; (I) is unemployed and resides with a child under the age of 14 and the individual’s spouse, who is employed full-time; (J) provides more than 20 hours per week of unpaid childcare to a child with respect to whom the individual is not a parent or guardian; or (K) is eligible to receive food stamps pursuant to the Food Stamp Act of 1977 ( 7 U.S.C. 2011 et seq. )..", "id": "HD8FEE949404C4CFF8CB562B0A624D1FD", "header": "Community service requirement", "nested": [ { "text": "(a) Community service requirement \nSection 12(c)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437j(c)(2) ) is amended— (1) in subparagraph (A) by striking 62 and inserting 60 ; (2) at the end of subparagraph (D) by striking or ; (3) at the end of subparagraph (E) by striking the period and inserting a semicolon; and (4) by adding after subparagraph (E) the following new subparagraphs: (F) is in her third trimester of pregnancy; (G) is a parent or guardian of a child under the age of 5 and resides with the child; (H) has reported being the victim of domestic violence (as such term is defined in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 )) to a local law enforcement agency on at least one occasion during the previous 12 months and such agency has not found that the individual’s report is without merit; (I) is unemployed and resides with a child under the age of 14 and the individual’s spouse, who is employed full-time; (J) provides more than 20 hours per week of unpaid childcare to a child with respect to whom the individual is not a parent or guardian; or (K) is eligible to receive food stamps pursuant to the Food Stamp Act of 1977 ( 7 U.S.C. 2011 et seq. )..", "id": "HCF47633255094FAFB8601795842BCC2", "header": "Community service requirement", "nested": [], "links": [ { "text": "42 U.S.C. 1437j(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437j" }, { "text": "42 U.S.C. 3796gg–2", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg-2" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" } ] } ], "links": [ { "text": "42 U.S.C. 1437j(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437j" }, { "text": "42 U.S.C. 3796gg–2", "legal-doc": "usc", "parsable-cite": "usc/42/3796gg-2" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" } ] } ]

[ "Agriculture and Food", "Caregivers", "Crime and Law Enforcement", "Families", "Family violence", "Food stamps", "Labor and Employment", "Low-income housing", "Parents", "Pregnant women", "Public housing", "Social Welfare", "Victims of crimes", "Welfare recipients", "Welfare work participation", "Wife abuse", "Women" ]

[ { "text": "1. Findings \nThe Congress makes the following findings: (1) Since the founding of the United States, Poland has proven its steadfast dedication to the causes of freedom and friendship with the United States, exemplified by the brave actions of Polish patriots such as Casimir Pulaski and Tadeusz Kosciuszko during the American Revolution. (2) Polish history provides pioneering examples of constitutional democracy and religious tolerance. (3) The United States is home to nearly 9,000,000 people of Polish ancestry. (4) Polish immigrants have contributed greatly to the success of industry and agriculture in the United States. (5) Since the demise of communism, Poland has become a stable, democratic nation. (6) Poland has adopted economic policies that promote free markets and rapid economic growth. (7) On March 12, 1999, Poland demonstrated its commitment to global security by becoming a member of the North Atlantic Treaty Organization. (8) On May 1, 2004, Poland will become a member State of the European Union. (9) Poland was a staunch ally to the United States during Operation Iraqi Freedom. (10) Poland has committed 2,300 soldiers to help with ongoing peacekeeping efforts in Iraq. (11) The Secretary of Homeland Security and Secretary of State administer the visa waiver program, which allows citizens from 27 countries, including France and Germany, to visit the United States as tourists without visas. (12) On April 15, 1991, Poland unilaterally repealed the visa requirement for United States citizens traveling to Poland for 90 days or less. (13) More than 100,000 Polish citizens visit the United States each year.", "id": "H66B3EA3C0EB34B14969F75EC22D0A873", "header": "Findings", "nested": [], "links": [] }, { "text": "2. RENDERING POLAND VISA WAIVER PROGRAM COUNTRY \nEffective on the date of the enactment of this Act, and notwithstanding section 217(c) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c) ), Poland shall be deemed a designated program country for purposes of the visa waiver program established under section 217 of such Act.", "id": "HFA57A78951674BEBAE0085213F41E400", "header": "RENDERING POLAND VISA WAIVER PROGRAM COUNTRY", "nested": [], "links": [ { "text": "8 U.S.C. 1187(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1187" } ] } ]

[ "Admission of nonimmigrants", "Aliens", "Europe", "Passports", "Poland", "Tourism", "Visas" ]

[ { "text": "1. Additional authorization of appropriations for the Reclamation Safety of Dams Act of 1978 \n(a) Reimbursement of certain modification costs \nSection 4(c) of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508(c) ) is amended by striking (c) With respect to and all that follows through 2001 and inserting the following: (c) Reimbursement of certain modification costs \nWith respect to the additional amounts authorized to be appropriated by section 5. (b) Authorization of appropriations \nSection 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 ) is amended in the first sentence— (1) by inserting and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels), after (October 1, 2001, price levels), ; and (2) by striking $750,000 and inserting $1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,.", "id": "H7CA5A1C0E92646DB8E72A4E0001B00AC", "header": "Additional authorization of appropriations for the Reclamation Safety of Dams Act of 1978", "nested": [ { "text": "(a) Reimbursement of certain modification costs \nSection 4(c) of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508(c) ) is amended by striking (c) With respect to and all that follows through 2001 and inserting the following: (c) Reimbursement of certain modification costs \nWith respect to the additional amounts authorized to be appropriated by section 5.", "id": "HF91A4458017F46B2A4FE2E126924DBCD", "header": "Reimbursement of certain modification costs", "nested": [], "links": [ { "text": "43 U.S.C. 508(c)", "legal-doc": "usc", "parsable-cite": "usc/43/508" } ] }, { "text": "(b) Authorization of appropriations \nSection 5 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 509 ) is amended in the first sentence— (1) by inserting and, effective October 1, 2003, not to exceed an additional $540,000,000 (October 1, 2003, price levels), after (October 1, 2001, price levels), ; and (2) by striking $750,000 and inserting $1,250,000 (October 1, 2003, price levels), as adjusted to reflect any ordinary fluctuations in construction costs indicated by applicable engineering cost indexes,.", "id": "H770F9B3E662C4721932567922B6ED7AA", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "43 U.S.C. 509", "legal-doc": "usc", "parsable-cite": "usc/43/509" } ] } ], "links": [ { "text": "43 U.S.C. 508(c)", "legal-doc": "usc", "parsable-cite": "usc/43/508" }, { "text": "43 U.S.C. 509", "legal-doc": "usc", "parsable-cite": "usc/43/509" } ] }, { "text": "2. Participation by project beneficiaries \n(a) Cost containment; modification status \nSection 4 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508 ) is amended by adding at the end the following: (e) (1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification.. (b) Project beneficiaries \nThe Reclamation Safety of Dams Act of 1978 is amended by inserting after section 5 ( 43 U.S.C. 509 ) the following: 5A. (a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5. (d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security..", "id": "H272AD9AE5324423CA4CF63D7F4377100", "header": "Participation by project beneficiaries", "nested": [ { "text": "(a) Cost containment; modification status \nSection 4 of the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 508 ) is amended by adding at the end the following: (e) (1) During the construction of the modification, the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to project beneficiaries on a periodic basis notice regarding the costs and status of the modification..", "id": "H9C9852D3A9EA4150B6D29CB5C1358351", "header": "Cost containment; modification status", "nested": [], "links": [ { "text": "43 U.S.C. 508", "legal-doc": "usc", "parsable-cite": "usc/43/508" } ] }, { "text": "(b) Project beneficiaries \nThe Reclamation Safety of Dams Act of 1978 is amended by inserting after section 5 ( 43 U.S.C. 509 ) the following: 5A. (a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5. (d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security..", "id": "HB75B01F193EC472E007245EDCB677046", "header": "Project beneficiaries", "nested": [], "links": [ { "text": "43 U.S.C. 509", "legal-doc": "usc", "parsable-cite": "usc/43/509" } ] } ], "links": [ { "text": "43 U.S.C. 508", "legal-doc": "usc", "parsable-cite": "usc/43/508" }, { "text": "43 U.S.C. 509", "legal-doc": "usc", "parsable-cite": "usc/43/509" } ] }, { "text": "5A. (a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification. (b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1). (c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5. (d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.", "id": "H31FA74DB89274FA9BFDB0099A3E89ED0", "header": null, "nested": [ { "text": "(a) On identifying a Bureau of Reclamation facility for modification, the Secretary shall provide to the project beneficiaries written notice— (1) describing the need for the modification and the process for identifying and implementing the modification; and (2) summarizing the administrative and legal requirements relating to the modification.", "id": "H4A94E70D75E24272B52BC43D55F56E72", "header": null, "nested": [], "links": [] }, { "text": "(b) The Secretary shall— (1) provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the proposed modification; and (2) in consultation with project beneficiaries, develop and provide timeframes for the consultation described in paragraph (1).", "id": "H9B5FF1B48C3041D79C00A5D17555B436", "header": null, "nested": [], "links": [] }, { "text": "(c) (1) Prior to submitting the reports required under section 5, the Secretary shall consider any alternative submitted in writing, in accordance with the timeframes established under subsection (b), by a project beneficiary that has elected to consult with the Bureau of Reclamation on a modification. (2) The Secretary shall provide to the project beneficiary a timely written response describing proposed actions, if any, to address the recommendation. (3) The response of the Secretary shall be included in the reports required by section 5.", "id": "H0DD6631E164B47BDA873CE3D785487C3", "header": null, "nested": [], "links": [] }, { "text": "(d) The Secretary may waive 1 or more of the requirements of subsections (a), (b), and (c), if the Secretary determines that implementation of the requirement could have an adverse impact on dam safety or security.", "id": "H9E2B153362B5443997EFCC618D005886", "header": null, "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative remedies", "Agriculture and Food", "Authorization", "Congress", "Congressional reporting requirements", "Construction costs", "Cost control", "Dams", "Department of the Interior", "Economics and Public Finance", "Federal aid to water resources development", "Government Operations and Politics", "Government publicity", "Indexing (Economic policy)", "Infrastructure", "Irrigation", "Law", "Maintenance and repair" ]

[ { "text": "1. Short title \nThis Act may be cited as the Patent Quality Assistance Act of 2004.", "id": "H76092299A1534E07A515248C6F85B050", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Opposition procedures \n(a) In general \nTitle 35, United States Code, is amended by inserting after chapter 31 the following new chapter: 32 Post-grant opposition procedures \nSec 321. Right to oppose patent; opposition request 322. Real party in interest 323. Timing of opposition request 324. Limits on scope of validity issues raised 325. Institution of the opposition proceeding 326. Patent owner response 327. Amendment of claims 328. Discovery and sanctions 329. Supplemental submissions 330. Hearing and briefs 331. Written decision 332. Burden of proof and evidence 333. Reconsideration 334. Appeal 335. Certificate 336. Estoppel 337. Duration of opposition 338. Settlement 339. Intervening rights 340. Relationship with reexamination proceedings 321. Right to oppose patent; opposition request \n(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. (b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided. (c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322. 322. Real party in interest \n(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141. 323. Timing of opposition request \nA person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if the patent owner consents in writing, an opposition request may be filed anytime during the period of enforceability of the patent. A court having jurisdiction over an issue of validity of a patent may not require the patent owner to consent to such a request. 324. Limits on scope of validity issues raised \nAn opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relating to disclosing the best mode; and (2) any issue arising under subsection (c), (f), or (g) of section 102. 325. Institution of the opposition proceeding \n(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c). (b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties. 326. Patent owner response \nAfter the Director has instituted an opposition proceeding under section 325, the patent owner shall have the right to file, within the time period set by the panel, a response to each opposition request that is the subject of the proceeding. The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response. 327. Amendment of claims \nThe patent owner is entitled to request amendment of any claims that are the subject of an opposition proceeding under this chapter, including by the addition of new claims. The patent owner shall file any such request for amendment with the patent owner’s response to an opposition request under section 326. The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding. 328. Discovery and sanctions \n(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection. (b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation. 329. Supplemental submissions \nThe panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328. 330. Hearing and briefs \nAny party to an opposition proceeding under this chapter may request an oral hearing within the time set by the panel. If a hearing is requested or the panel determines sua sponte that a hearing is needed, the panel shall set a time for the hearing. The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328. 331. Written decision \nThe panel shall issue a written decision on each issue of patentability with respect to each claim that is the subject of an opposition proceeding under this chapter. The written decision shall consist of findings of fact and conclusions of law. The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written decision. 332. Burden of proof and evidence \n(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter. 333. Reconsideration \nIf a request is filed for reconsideration of the written decision in an opposition proceeding under this chapter, the panel may authorize a party to the proceeding who did not file such a request to file a response to the request for reconsideration. Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding. 334. Appeal \nA party dissatisfied with the final determination of the panel in an opposition proceeding under this chapter may appeal the determination under sections 141 through 144. Any party to the opposition proceeding shall have the right to be a party to the appeal. 335. Certificate \nWhen a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorporate into the patent any new or amended claims determined to be patentable. The issuance of the certificate shall terminate the opposition proceeding. 336. Estoppel \n(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary. (b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed. 337. Duration of opposition \nThe determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon good cause shown, the Director may extend the 1-year period by not more than 6 months. 338. Settlement \n(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause. (c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5. 339. Intervening rights \nAny proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the certificate issued under section 335 with respect to that amended or new claim. 340. Relationship with reexamination proceedings \n(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding. (b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.]. (b) Clerical amendment \nThe table of chapters for part III of title 35, United States Code, is amended by adding at the end the following: 32. Opposition Procedures 321..", "id": "HFFF5056D39DD4BE4ABF7E1ACDC16907", "header": "Opposition procedures", "nested": [ { "text": "(a) In general \nTitle 35, United States Code, is amended by inserting after chapter 31 the following new chapter: 32 Post-grant opposition procedures \nSec 321. Right to oppose patent; opposition request 322. Real party in interest 323. Timing of opposition request 324. Limits on scope of validity issues raised 325. Institution of the opposition proceeding 326. Patent owner response 327. Amendment of claims 328. Discovery and sanctions 329. Supplemental submissions 330. Hearing and briefs 331. Written decision 332. Burden of proof and evidence 333. Reconsideration 334. Appeal 335. Certificate 336. Estoppel 337. Duration of opposition 338. Settlement 339. Intervening rights 340. Relationship with reexamination proceedings 321. Right to oppose patent; opposition request \n(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. (b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided. (c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322. 322. Real party in interest \n(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141. 323. Timing of opposition request \nA person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if the patent owner consents in writing, an opposition request may be filed anytime during the period of enforceability of the patent. A court having jurisdiction over an issue of validity of a patent may not require the patent owner to consent to such a request. 324. Limits on scope of validity issues raised \nAn opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relating to disclosing the best mode; and (2) any issue arising under subsection (c), (f), or (g) of section 102. 325. Institution of the opposition proceeding \n(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c). (b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties. 326. Patent owner response \nAfter the Director has instituted an opposition proceeding under section 325, the patent owner shall have the right to file, within the time period set by the panel, a response to each opposition request that is the subject of the proceeding. The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response. 327. Amendment of claims \nThe patent owner is entitled to request amendment of any claims that are the subject of an opposition proceeding under this chapter, including by the addition of new claims. The patent owner shall file any such request for amendment with the patent owner’s response to an opposition request under section 326. The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding. 328. Discovery and sanctions \n(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection. (b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation. 329. Supplemental submissions \nThe panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328. 330. Hearing and briefs \nAny party to an opposition proceeding under this chapter may request an oral hearing within the time set by the panel. If a hearing is requested or the panel determines sua sponte that a hearing is needed, the panel shall set a time for the hearing. The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328. 331. Written decision \nThe panel shall issue a written decision on each issue of patentability with respect to each claim that is the subject of an opposition proceeding under this chapter. The written decision shall consist of findings of fact and conclusions of law. The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written decision. 332. Burden of proof and evidence \n(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter. 333. Reconsideration \nIf a request is filed for reconsideration of the written decision in an opposition proceeding under this chapter, the panel may authorize a party to the proceeding who did not file such a request to file a response to the request for reconsideration. Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding. 334. Appeal \nA party dissatisfied with the final determination of the panel in an opposition proceeding under this chapter may appeal the determination under sections 141 through 144. Any party to the opposition proceeding shall have the right to be a party to the appeal. 335. Certificate \nWhen a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorporate into the patent any new or amended claims determined to be patentable. The issuance of the certificate shall terminate the opposition proceeding. 336. Estoppel \n(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary. (b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed. 337. Duration of opposition \nThe determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon good cause shown, the Director may extend the 1-year period by not more than 6 months. 338. Settlement \n(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause. (c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5. 339. Intervening rights \nAny proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the certificate issued under section 335 with respect to that amended or new claim. 340. Relationship with reexamination proceedings \n(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding. (b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.].", "id": "H321ACE7A57F24A1BAA35215DE94807C6", "header": "In general", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(b) Clerical amendment \nThe table of chapters for part III of title 35, United States Code, is amended by adding at the end the following: 32. Opposition Procedures 321..", "id": "HA29913CB851745E59246C0D80275F162", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "321. Right to oppose patent; opposition request \n(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations. (b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided. (c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322.", "id": "H04E041C5F1854DF0B17E3E19ECA68AD", "header": "Right to oppose patent; opposition request", "nested": [ { "text": "(a) Filing of opposition \nA person may request that the grant or reissue of a patent be reconsidered by the Patent and Trademark Office by filing an opposition seeking to invalidate 1 or more claims in the patent. The Director shall establish, by regulation, fees to be paid by the person filing the opposition (in this chapter referred to as the opposer ). Copies of patents and printed publications to be relied upon in support of the request must be filed with the request. If an opposer relies on other factual evidence or on expert opinions in support of the opposition, such evidence and opinions must be filed with the request through one or more accompanying affidavits or declarations.", "id": "H611CDA98CA274957B284200097E57F4E", "header": "Filing of opposition", "nested": [], "links": [] }, { "text": "(b) Copies provided to patent owner \nCopies of any documents filed under subsection (a) must be provided to the patent owner or, if applicable, the designated representative of the patent owner, at the time of filing under subsection (a), except that if a request is made that the identity of a real party in interest be kept separate pursuant to section 322(b), then the identity of the real party in interest may be redacted from the copies provided.", "id": "HBAE5E325100B47A78EFEE5F0BCC78E84", "header": "Copies provided to patent owner", "nested": [], "links": [] }, { "text": "(c) File available to the public \nThe file of any opposition proceeding shall be made available to the public, except as provided in section 322.", "id": "HEE5B00C4A49840729D27C573661F71D7", "header": "File available to the public", "nested": [], "links": [] } ], "links": [] }, { "text": "322. Real party in interest \n(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest. (b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141.", "id": "H24E4549FA0D94C9BA490CFE79BF0AB98", "header": "Real party in interest", "nested": [ { "text": "(a) Identification \nThe person making a request under section 321 shall identify in writing each real party in interest, and the opposition pursuant to the request shall proceed in the name of the real party in interest.", "id": "HA45D02AE11CA43AD885FA200AF33BDF4", "header": "Identification", "nested": [], "links": [] }, { "text": "(b) Identity kept separate upon request \n(1) In general \nSubject to paragraph (2), if requested by the opposer, the identity of a real party in interest shall be kept separate from the file of the opposition and made available only to Government agencies upon written request, or to any person upon a showing of good cause. If the identity of a real party in interest is kept separate from the file under this paragraph, then the opposition shall proceed in the name of the individual filing the request as the representative of the real party in interest. (2) Exception \nNo request under paragraph (1) to keep the identity of a real party in interest separate from the file of the opposition may be made or maintained if the opposer relies upon factual evidence or expert opinions in the form of affidavits or declarations during the opposition proceeding or if the opposer exercises the right to appeal under section 141.", "id": "H93F56A6021B44E228748F023AFC20031", "header": "Identity kept separate upon request", "nested": [], "links": [] } ], "links": [] }, { "text": "323. Timing of opposition request \nA person may not make an opposition request under section 321 later than 9 months after the grant of the patent or issuance of the reissue patent, as the case may be, or later than 6 months after receiving notice from the patent holder alleging infringement of the patent, except that, if the patent owner consents in writing, an opposition request may be filed anytime during the period of enforceability of the patent. A court having jurisdiction over an issue of validity of a patent may not require the patent owner to consent to such a request.", "id": "HB0A8F0112B294319804100E76CE1E111", "header": "Timing of opposition request", "nested": [], "links": [] }, { "text": "324. Limits on scope of validity issues raised \nAn opposition request under section 321 must identify with particularity the claims that are alleged to be invalid and, as to each claim, 1 or more issues of invalidity on which the opposition is based. The issues of invalidity that may be considered during the opposition proceeding are double patenting and any of the requirements for patentability set forth in sections 101, 102, 103, and 112, and the fourth paragraph of section 251, except for— (1) any requirement contained in the first paragraph of section 112 relating to disclosing the best mode; and (2) any issue arising under subsection (c), (f), or (g) of section 102.", "id": "H1C9E9192EFEE4C6F801811E9B9B5092C", "header": "Limits on scope of validity issues raised", "nested": [], "links": [] }, { "text": "325. Institution of the opposition proceeding \n(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c). (b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1). (c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties.", "id": "H031858EAD9B348849B5542B700693F19", "header": "Institution of the opposition proceeding", "nested": [ { "text": "(a) Dismissal; institution \n(1) Dismissal \nThe Director may dismiss an opposition request that the Director determines lacks substantial merit. The determination by the Director to dismiss an opposition request shall not be appealable. The dismissal of an opposition request shall not be admissible in any civil action related to the patent against which a dismissed request was filed. (2) Institution \nIf the Director receives 1 or more requests that meet the requirements of section 321 regarding the same patent by the Director and are not dismissed under paragraph (1), an opposition proceeding shall be promptly instituted pursuant to the request or requests, but not before a period of 9 months has elapsed since the date on which the patent was granted. (3) Consolidated proceeding \nIf an opposition proceeding is instituted based upon more than 1 opposition request, the opposition shall proceed as a single consolidated proceeding, unless later divided under subsection (c).", "id": "HCD6440A2FD4C458A81F966C334146100", "header": "Dismissal; institution", "nested": [], "links": [] }, { "text": "(b) Parties \nThe parties to an opposition proceeding under this section shall be the patent owner and each opposer whose request meets the requirements of section 321 and has not been dismissed under subsection (a)(1).", "id": "HF9D6C3BA0F984198B65C3CC821A8FD6E", "header": "Parties", "nested": [], "links": [] }, { "text": "(c) Decision by panel \nThe Director shall assign the opposition proceeding to a panel of three administrative patent judges (in this chapter referred to as the panel ). The panel shall decide the questions of patentability raised in each opposition request for which an opposition proceeding has been instituted. The decision shall be based upon the prosecution record that was the basis for the grant of the patent and the additional submissions by the parties to the opposition proceeding authorized under this chapter. The panel may, in appropriate cases, divide the opposition into separate proceedings if the opposition involves multiple opposition requests by different parties.", "id": "HE4AA039782224F38AF6FD78CE44E7D50", "header": "Decision by panel", "nested": [], "links": [] } ], "links": [] }, { "text": "326. Patent owner response \nAfter the Director has instituted an opposition proceeding under section 325, the patent owner shall have the right to file, within the time period set by the panel, a response to each opposition request that is the subject of the proceeding. The patent owner, in responding to an opposition request, shall file with the response, through affidavits or declarations, any additional factual evidence and expert opinions on which the patent owner relies in support of the response.", "id": "HA0E6B1FA3244421CB3AA300500AD4B5D", "header": "Patent owner response", "nested": [], "links": [] }, { "text": "327. Amendment of claims \nThe patent owner is entitled to request amendment of any claims that are the subject of an opposition proceeding under this chapter, including by the addition of new claims. The patent owner shall file any such request for amendment with the patent owner’s response to an opposition request under section 326. The panel may permit further requests for amendment of the claims only upon good cause shown by the patent owner. No amendment enlarging the scope of the claims of the patent shall be permitted in the opposition proceeding.", "id": "HB153E315F68540FDA98DDE067C7E5CED", "header": "Amendment of claims", "nested": [], "links": [] }, { "text": "328. Discovery and sanctions \n(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection. (b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation.", "id": "HB536846A6CAA42A9BBC228DE3DE7E2D", "header": "Discovery and sanctions", "nested": [ { "text": "(a) Discovery \nAfter an opposition proceeding is instituted under this chapter, the patent owner shall have the right to depose each person submitting an affidavit or declaration on behalf of any opposer, and each opposer shall have the right to depose each person submitting an affidavit or declaration on behalf of the patent owner. Such depositions shall be limited to cross-examination on matters relevant to the affidavit or declaration. No other discovery shall be permitted unless the panel determines that additional discovery is required in the interest of justice. The panel shall determine the schedule for the taking of discovery under this subsection.", "id": "H31F630421186441FB33C7485AA095443", "header": "Discovery", "nested": [], "links": [] }, { "text": "(b) Sanctions \nIf any party to an opposition proceeding fails to properly respond to any discovery under subsection (a), the panel may draw appropriate adverse inferences and take other action permitted by statute, rule, or regulation.", "id": "HE69F73389CC549E9A4C1003C8BFC7109", "header": "Sanctions", "nested": [], "links": [] } ], "links": [] }, { "text": "329. Supplemental submissions \nThe panel may permit one or more supplemental submissions to be made by any party to an opposition proceeding under this chapter, subject to the rights and limitations on discovery under section 328.", "id": "HCF73CBC9017B4F27A925F600F2079BAB", "header": "Supplemental submissions", "nested": [], "links": [] }, { "text": "330. Hearing and briefs \nAny party to an opposition proceeding under this chapter may request an oral hearing within the time set by the panel. If a hearing is requested or the panel determines sua sponte that a hearing is needed, the panel shall set a time for the hearing. The panel may permit the partied to file briefs for the hearing, and shall permit cross-examination of all affiants and declarants in the hearing, either before the panel or by deposition taken under section 328.", "id": "HF1D76AEBDE754F8E89BF93E7311C1F46", "header": "Hearing and briefs", "nested": [], "links": [] }, { "text": "331. Written decision \nThe panel shall issue a written decision on each issue of patentability with respect to each claim that is the subject of an opposition proceeding under this chapter. The written decision shall consist of findings of fact and conclusions of law. The written decision shall become a final determination of the Office on the issues raised in the opposition unless a party to the opposition files a request for reconsideration and modification of the written decision within a period set by the panel, which shall not be less than two weeks from the date of the written decision.", "id": "H186F5914FDC843A88DEF23896D03D59E", "header": "Written decision", "nested": [], "links": [] }, { "text": "332. Burden of proof and evidence \n(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim. (b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter.", "id": "H40DFEE36DD28459895B2C22008C6279C", "header": "Burden of proof and evidence", "nested": [ { "text": "(a) Burden of proof \nThe opposer in an opposition proceeding under this chapter shall have the burden to prove the invalidity of a claim by a preponderance of the evidence. The determination of invalidity shall be based upon the broadest reasonable construction of the claim.", "id": "H3E10C58D302943BFB369215C13CA2299", "header": "Burden of proof", "nested": [], "links": [] }, { "text": "(b) Evidence \nThe Federal Rules of Evidence shall apply to the opposition proceeding, except to the extent inconsistent with any provision of this chapter.", "id": "H618E9702373C490D959C091D6308FE53", "header": "Evidence", "nested": [], "links": [] } ], "links": [] }, { "text": "333. Reconsideration \nIf a request is filed for reconsideration of the written decision in an opposition proceeding under this chapter, the panel may authorize a party to the proceeding who did not file such a request to file a response to the request for reconsideration. Following any reconsideration, the panel shall either deny the request for modification of the written decision or grant the request and issue a modified written decision, which shall constitute the final determination of the Office on the issues raised in the opposition proceeding.", "id": "H754C7C4624D94C1C83ED8B91F9929E75", "header": "Reconsideration", "nested": [], "links": [] }, { "text": "334. Appeal \nA party dissatisfied with the final determination of the panel in an opposition proceeding under this chapter may appeal the determination under sections 141 through 144. Any party to the opposition proceeding shall have the right to be a party to the appeal.", "id": "H4E3DC5D43C414482A1C7EFC0EB15CB83", "header": "Appeal", "nested": [], "links": [] }, { "text": "335. Certificate \nWhen a decision of a panel in an opposition proceeding under the chapter has become final under section 331, 333, or 334, as the case may be, the Director shall issue and publish a certificate in accordance with the decision, canceling any claim of the patent determined to be unpatentable, and shall incorporate into the patent any new or amended claims determined to be patentable. The issuance of the certificate shall terminate the opposition proceeding.", "id": "H8E87D3299C6E4115A6A4D4B395136EEB", "header": "Certificate", "nested": [], "links": [] }, { "text": "336. Estoppel \n(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary. (b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest. (c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed.", "id": "HD1158D441F9841498B6390BA95A410E6", "header": "Estoppel", "nested": [ { "text": "(a) Estoppel \n(1) In general \nSubject to paragraph (2), after a certificate has been issued under section 335 in accordance with the decision of the panel in an opposition proceeding, the determination with respect to an issue of invalidity raised by an opposer shall bar that opposer from raising, in any subsequent proceeding involving that opposer under this title, any issue of fact or law actually decided and necessary to the determination of that issue. (2) Exception \nIf an opposer in an opposition proceeding demonstrates, in a subsequent proceeding referred to in paragraph (1), that there is additional factual evidence that is material to an issue of fact actually decided in the opposition proceeding, and necessary to the final determination in the opposition proceeding, that could not reasonably have been discovered or presented in the opposition proceeding by that opposer, the opposer may raise, in that subsequent proceeding, that issue of fact and any determined issue of law for which the issue of fact was necessary.", "id": "HD9F0B53C78EF4647A2662C1CA820B93C", "header": "Estoppel", "nested": [], "links": [] }, { "text": "(b) Expanded definition of opposer \nFor purposes of this section, the term opposer includes the person making the request under section 321, any real party in interest, and their successors in interest.", "id": "HD23D79B91F1A4B318CFB6C33C251B0D4", "header": "Expanded definition of opposer", "nested": [], "links": [] }, { "text": "(c) New party-in-Interest \nIf a proceeding arising by reason of additional factual evidence raised under subsection (a)(2) involves a real party in interest not identified to the patent owner under section 322, the real party in interest shall notify the Director and the patent owner of that fact and of the proceeding, within 30 days after receiving notice that the proceeding has been filed.", "id": "HCEA1F8F7BA254C3CBC73C9896DB89F16", "header": "New party-in-Interest", "nested": [], "links": [] } ], "links": [] }, { "text": "337. Duration of opposition \nThe determination of a panel in an opposition proceeding under this chapter, including any determinations pursuant to a request for reconsideration under section 133, shall be issued not later than 1 year after the date on which the opposition proceeding is instituted under section 325. Upon good cause shown, the Director may extend the 1-year period by not more than 6 months.", "id": "H6368ABF1CD7344D1A293F49672A600AE", "header": "Duration of opposition", "nested": [], "links": [] }, { "text": "338. Settlement \n(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding. (b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause. (c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5.", "id": "HDC5943DDBD4649E4B48EBCCC7F1100A4", "header": "Settlement", "nested": [ { "text": "(a) In general \nAn opposition proceeding under this chapter shall be terminated with respect to any opposer upon the joint request of the opposer and the patent owner, unless the panel has issued a written decision under section 331 before the request for termination is filed. If the opposition is terminated with respect to an opposer under this section, no estoppel under section 336 shall apply to that opposer with respect to an issue of invalidity raised in the opposition proceeding. The written decision under section 331 shall thereafter be issued only with respect to issues of invalidity raised by opposers that remain in the opposition proceeding.", "id": "H7633AA95EC2E42AD8CEB6E9E8DF34958", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Agreements in writing \nAny agreement or understanding between the patent owner and an opposer, including any collateral agreements referred to therein, that is made in connection with or in contemplation of the termination of an opposition proceeding under subsection (a) shall be in writing. The opposition with respect to the parties to the agreement or understanding shall not be terminated until a true copy of the agreement or understanding, including any such collateral agreements, has been filed in the Patent and Trademark Office. If any party filing such an agreement or understanding requests, the agreement or understanding shall be kept separate from the file of the opposition, and shall be made available only to Government agencies on written request, or to any person on a showing of good cause.", "id": "H9284BD990E2B4F2B9D8C415C3DB2D3E", "header": "Agreements in writing", "nested": [], "links": [] }, { "text": "(c) Discretionary actions reviewable \nAny discretionary action of the Director under subsection (b) shall be reviewable under chapter 7 of title 5.", "id": "HF065669AB1AD455A9BED84CD2581A7D0", "header": "Discretionary actions reviewable", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] } ], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "339. Intervening rights \nAny proposed amended or new claim determined to be patentable and incorporated into a patent following an opposition proceeding under this chapter shall have the same effect as that specified in section 252 of this title for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by such proposed amended or new claim, or who made substantial preparation therefor, before the certificate issued under section 335 with respect to that amended or new claim.", "id": "H26766708150B4CC500002B80BB165FAE", "header": "Intervening rights", "nested": [], "links": [] }, { "text": "340. Relationship with reexamination proceedings \n(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding. (b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.]", "id": "H3A20BA3754D449C395BFE800FC610905", "header": "Relationship with reexamination proceedings", "nested": [ { "text": "(a) Estoppel \nA patent for which an opposition proceeding has been instituted under this chapter may not thereafter be made the subject of a request under section 302 or 311 for reexamination, by the same opposer or on behalf of the same real party in interest, on the same claim and on the same issue that was the basis of the opposition proceeding.", "id": "H2A5AB6C03EF04CCFA35419C581D3A4E", "header": "Estoppel", "nested": [], "links": [] }, { "text": "(b) Staying of other proceedings \n[If, after an opposition proceeding has been instituted under this chapter, a request for reexamination under section 302 or section 311 is made by or on behalf of a person other than the opposer or the same real party in interest, such reexamination shall be stayed during the pendency of any opposition proceeding under this chapter.]", "id": "HFB5DB27B4A10466789365CE99733A692", "header": "Staying of other proceedings", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Publication of patent applications \nSection 122 of title 35, United States Code, is amended by striking subsection (c) and redesignating subsection (d) as subsection (c).", "id": "H0AFA4C820E0647C2964F03208D009FB3", "header": "Publication of patent applications", "nested": [], "links": [ { "text": "Section 122", "legal-doc": "usc", "parsable-cite": "usc/35/122" } ] }, { "text": "4. Submissions by third parties \nSection 131 of title 35, United States Code, is amended— (1) by striking The Director and inserting (a) In general.—The Director ; and (2) by adding at the end the following: (b) Third party submissions \nAny party shall have the opportunity to submit for consideration and for inclusion in the record, prior art (including, but not limited to, evidence of knowledge or use, or public use or sale, under section 102), to determine whether the invention was known or used, or was in public use, or on sale, under section 102 or would have been obvious under section 103. The Director shall consider such submissions if the request— (1) is made in writing not later than— (A) 6 months after the date on which the patent application is published under section 122, or (B) before the date on which a notice of allowance is mailed under section 151 for a patent on the invention, whichever occurs first; (2) is accompanied by the payment of a fee established by the Director under section 41 for third party submissions; (3) sets forth the teaching and applicability of each reference and the basis on which the submission is offered; and (4) includes a sworn declaration attesting to the relevance and accuracy of the submissions. Information submitted under this subsection shall be considered during the examination of the patent application..", "id": "HF443739D91A24AA887B7DA5039F1039C", "header": "Submissions by third parties", "nested": [], "links": [ { "text": "Section 131", "legal-doc": "usc", "parsable-cite": "usc/35/131" } ] }, { "text": "5. Effect of notices of infringement \nA notice by a patent holder alleging infringement of the patent shall not be deemed sufficient to subject a recipient of the notice to liability for willful infringement of the patent unless the notice would cause the recipient to have standing in a proceeding pursuant to a motion for declaratory judgment with respect to the subject matter of the notice.", "id": "HA5BC6E4277E14BD596F521BE93D1ECC", "header": "Effect of notices of infringement", "nested": [], "links": [] }, { "text": "6. Injunctions \nSection 283 of title 35, United States Code, is amended— (1) by striking The several and inserting (a) In General.— The several ; and (2) by adding at the end the following: (b) Grounds for granting injunction \nA court shall not grant an injunction under this section unless it finds that the patentee is likely to suffer irreparable harm that cannot be remedied by payment of money damages. In making or rejecting such a finding, the court shall not presume the existence of irreparable harm, but rather the court shall consider and weigh evidence, if any, tending to establish or negate any equitable factor relevant to a determination of the existence of irreparable harm, including, but not limited to, the extent to which the patentee makes use of the technology claimed by the patent..", "id": "H77C54D616796462BA19BBDD1C319A721", "header": "Injunctions", "nested": [], "links": [ { "text": "Section 283", "legal-doc": "usc", "parsable-cite": "usc/35/283" } ] }, { "text": "7. Inter partes reexamination \n(a) Estoppel provision \nSection 315(c) of title 35, United States Code, is amended by striking or could have raised. (b) Applicability \nNotwithstanding section 4608(a) of the Intellectual Property and Communications Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113 (41 U.S.C. note), sections 311 through 318 of title 35, United States Code, as amended by this section, shall apply to any patent that issues from an original application filed before, on, or after November 29, 1999.", "id": "HA68F0253BFAF4F25B9CCF704E4D86F", "header": "Inter partes reexamination", "nested": [ { "text": "(a) Estoppel provision \nSection 315(c) of title 35, United States Code, is amended by striking or could have raised.", "id": "H7D7426E8D23647A2AE516F34DC5B64C7", "header": "Estoppel provision", "nested": [], "links": [ { "text": "Section 315(c)", "legal-doc": "usc", "parsable-cite": "usc/35/315" } ] }, { "text": "(b) Applicability \nNotwithstanding section 4608(a) of the Intellectual Property and Communications Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106–113 (41 U.S.C. note), sections 311 through 318 of title 35, United States Code, as amended by this section, shall apply to any patent that issues from an original application filed before, on, or after November 29, 1999.", "id": "HC7CD263D0B174C70B8B41493D3680547", "header": "Applicability", "nested": [], "links": [ { "text": "Public Law 106–113", "legal-doc": "public-law", "parsable-cite": "pl/106/113" } ] } ], "links": [ { "text": "Section 315(c)", "legal-doc": "usc", "parsable-cite": "usc/35/315" }, { "text": "Public Law 106–113", "legal-doc": "public-law", "parsable-cite": "pl/106/113" } ] }, { "text": "8. Nonobviousness \nSection 103 of title 35, United States Code, is amended by adding at the end the following: (d) (1) A business method invention shall be presumed obvious under this section if the only significant difference between the combined teachings of the prior art and the claimed invention is that the claimed invention is appropriate for use with a computer technology, unless— (A) the application of the computer technology is novel; or (B) the computer technology is novel and not the subject of another patent or patent application. (2) (A) An applicant or patentee may rebut the presumption under paragraph (1) upon a showing by a preponderance of the evidence that the invention is not obvious to persons of ordinary skill in all relevant arts. (B) Those areas of art which are relevant for purposes of subparagraph (A) include the field of the business method and the field of the computer implementation..", "id": "H397F273A887D441F874F8DC5C2E0F23", "header": "Nonobviousness", "nested": [], "links": [ { "text": "Section 103", "legal-doc": "usc", "parsable-cite": "usc/35/103" } ] }, { "text": "9. Conforming amendments \n(a) Definitions \nSection 100(e) of title 35, United States Code, is amended by striking or inter partes reexamination under section 311 and inserting inter partes reexamination under section 311, or an opposition under section 321,. (b) Appeal to court of appeals \n(1) Section 141 of title 35, United States Code, is amended in the first sentence, by inserting or a final determination of a panel of administrative patent judges under chapter 32 of this title after 134 of this title. (2) Section 143 of title 35, United States Code, is amended by inserting after the third sentence the following: In any opposition proceeding, the panel of administrative patent judges making the determination in the proceeding shall submit to the court in writing the grounds for the decision of the panel, addressing all the issues involved in the appeal.", "id": "H08021B4637E6400EA204E5F9F0C3D5CF", "header": "Conforming amendments", "nested": [ { "text": "(a) Definitions \nSection 100(e) of title 35, United States Code, is amended by striking or inter partes reexamination under section 311 and inserting inter partes reexamination under section 311, or an opposition under section 321,.", "id": "H8260667DF65B4D1B8014E2715E169D07", "header": "Definitions", "nested": [], "links": [ { "text": "Section 100(e)", "legal-doc": "usc", "parsable-cite": "usc/35/100" } ] }, { "text": "(b) Appeal to court of appeals \n(1) Section 141 of title 35, United States Code, is amended in the first sentence, by inserting or a final determination of a panel of administrative patent judges under chapter 32 of this title after 134 of this title. (2) Section 143 of title 35, United States Code, is amended by inserting after the third sentence the following: In any opposition proceeding, the panel of administrative patent judges making the determination in the proceeding shall submit to the court in writing the grounds for the decision of the panel, addressing all the issues involved in the appeal.", "id": "HA9C8942502B542880000EE972D3800FB", "header": "Appeal to court of appeals", "nested": [], "links": [ { "text": "Section 141", "legal-doc": "usc", "parsable-cite": "usc/35/141" }, { "text": "Section 143", "legal-doc": "usc", "parsable-cite": "usc/35/143" } ] } ], "links": [ { "text": "Section 100(e)", "legal-doc": "usc", "parsable-cite": "usc/35/100" }, { "text": "Section 141", "legal-doc": "usc", "parsable-cite": "usc/35/141" }, { "text": "Section 143", "legal-doc": "usc", "parsable-cite": "usc/35/143" } ] }, { "text": "10. Effective date \nExcept as provided in section 7(b), the amendments made by this Act shall apply to patents issued, and applications for patent that are made, on and after the date of the enactment of this Act.", "id": "HF44BF8AA446642469BB05FE79D434906", "header": "Effective date", "nested": [], "links": [] } ]

[ "Administrative fees", "Administrative remedies", "Civil actions and liability", "Computers", "Damages", "Department of Commerce", "Discovery (Law)", "Economics and Public Finance", "Evidence (Law)", "Government Operations and Politics", "Government paperwork", "Industrial engineering", "Injunctions", "Intellectual property", "Inventions", "Judicial review", "Law", "Liability (Law)", "Parties to actions", "Patent infringement", "Patents", "Science, Technology, Communications" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HABA540FA7D674A8291236EAA5781F2B2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pilot projects to support and evaluate before-school activities \nSection 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (h) Pilot projects to support and evaluate before-school activities \n(1) Grants to state agencies \n(A) Grants \n(i) Subject to funds made available under paragraph (5), the Secretary, in coordination with the Secretary of Education, shall make grants to 7 State agencies to conduct pilot projects in 17 elementary schools in each such State to— (I) support the provision of before-school activities that advance student academic achievement and encourage the establishment of, or increase participation in, school breakfast programs; and (II) evaluate the effect of providing before-school activities on participation in school breakfast programs. (ii) In carrying out clause (i), the Secretary shall make grants to 1 State in each of the 7 geographic regions of the United States (as determined for purposes of programs of the Food and Nutrition Service). (B) Application \n(i) In general \nThe Secretary may make a grant to a State agency under subparagraph (A) only if the State agency submits to the Secretary an application that contains, at a minimum, the information described in clause (ii). (ii) Information \nThe information described in this clause is the following: (I) A description of how the State agency will provide oversight of pilot projects to be conducted in selected elementary schools in the State to ensure that before-school activities under the projects will increase participation in the school breakfast program. (II) A description of the methods to be used by the State agency to promote and make available all appropriate information concerning subgrants to be made under paragraph (2) for the conduct of pilot projects in selected elementary schools in the State. (III) A description of the methods to be used by the State agency to collect data for the evaluation of the pilot projects in accordance with paragraph (4)(A). (C) Selection criteria \nIn making grants to State agencies under subparagraph (A), the Secretary shall ensure that the pilot projects to be conducted in elementary schools under the jurisdiction of the local educational agencies are selected so as to— (i) (I) ensure the likelihood that proposed before-school activities under the pilot projects will increase participation in school breakfast programs; and (II) ensure coordination of the pilot projects with other programs and activities offered by the elementary schools; (ii) (I) provide for an equitable distribution of pilot projects among urban and rural elementary schools; and (II) provide for an equitable distribution of pilot projects among elementary schools with and without school breakfast programs; and (iii) provide for an equitable distribution of pilot projects among schools of varying family income levels. (D) Limitation \nNot more than 1.5 percent of the amount of a grant received by a State agency under subparagraph (A) may be used by the State agency for administrative expenses of the pilot projects under this subsection. (2) Subgrants to local educational agencies \n(A) Subgrants \n(i) In general \nA State agency that receives a grant under paragraph (1) shall use amounts from the grant to make subgrants to local educational agencies to conduct pilot projects in accordance with this subsection to support the provision of before-school activities, including the activities described in clause (ii), that advance student academic achievement and encourage the establishment of, or increase participation in, school breakfast programs. (ii) Activities \nThe activities described in this clause are the following: (I) Remedial education activities and academic enrichment learning programs. (II) Mathematics and science education activities. (III) Arts and music appreciation activities. (IV) Entrepreneurial education activities. (V) Tutoring services and mentoring programs. (VI) Telecommunications and technology education programs. (VII) Expanded library service hours. (VIII) Programs that provide assistance to students who have been truant or suspended to allow the students to improve their academic achievement. (IX) Drug and violence prevention programs, counseling programs, and character education programs. (B) Application \n(i) In general \nThe State agency may make a subgrant to a local educational agency under subparagraph (A) only if the local educational agency submits to the State agency an application that contains, at a minimum, the information described in clause (ii). (ii) Information \nThe information described in this clause is the following: (I) (aa) Except as provided in item (bb), a description of the breakfast program of each elementary school under the jurisdiction of the local educational agency within which a pilot project will be conducted, including the number of students who participate in the program and the percentage of students who participate in the program in rural versus urban schools. (bb) In the case of an elementary school without a breakfast program and within which a pilot project will be conducted, a description of a plan that outlines how the school will establish and operate a breakfast program in coordination with the pilot project. (II) A description of how the local educational agency, in conjunction with the school food authority, will carry out the pilot projects in accordance with this subsection, including a description of (aa) the specific activities that will be carried out by the local educational agency to remove any perceived stigma associated with participation in the breakfast program and to increase participation in the program, and (bb) all other specific activities that will be carried out under the projects. (III) A description of a proposed budget to carry out the pilot projects. (C) Selection criteria \nIn making subgrants to local educational agencies under subparagraph (A), the State agency shall ensure that the local educational agencies have under their jurisdiction a sufficient number of elementary schools that are not participating in the pilot projects to permit a valid evaluation of the results of the pilot projects. (D) Duration of pilot projects \nA local educational agency that receives a subgrant under subparagraph (A) to conduct a pilot project in accordance with this subsection shall conduct the project during a period of not less than 3 successive school years. (E) Minimum amount of awards to elementary schools \nSubject to the availability of funds of a subgrant provided to a local educational agency under subparagraph (A) to conduct a pilot project in accordance with this subsection, the minimum amount provided to an elementary school under the pilot. (3) Prohibition \nAmounts provided under a grant or subgrant made under this subsection may not be used to provide a Federal reimbursement for school breakfasts under the school breakfast program. (4) Evaluation; Report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the pilot projects conducted by local educational agencies under this subsection with respect to the establishment of, and increased participation in, school breakfast programs. (B) Report \nNot later than September 30, 2006, the Secretary shall prepare and submit to Congress a report that contains the results of the evaluation conducted under subparagraph (A). (5) Authorization of appropriations \n(A) General authorization \nThere is authorized to be appropriated to carry out this subsection (other than paragraph (4)) $6,000,000 for each of the fiscal years 2005 through 2007. (B) Evaluation \nThere is authorized to be appropriated to carry out paragraph (4) $2,000,000 for fiscal year 2007..", "id": "H248EF37805A7455784EBCBDAAFD1D62B", "header": "Pilot projects to support and evaluate before-school activities", "nested": [], "links": [ { "text": "42 U.S.C. 1769", "legal-doc": "usc", "parsable-cite": "usc/42/1769" } ] } ]

[ "Academic performance", "Agriculture and Food", "Arts", "Arts, Culture, Religion", "Business education", "Child nutrition", "Civics education", "Commerce", "Compensatory education", "Computer literacy", "Congress", "Congressional reporting requirements", "Counseling", "Crime and Law Enforcement", "Crime prevention", "Dropouts", "Drug abuse", "Drug abuse prevention", "Drugs and youth", "Economics and Public Finance", "Educational accountability", "Elementary and secondary education", "Elementary education", "Entrepreneurs", "Ethics", "Families", "Federal aid to education", "Government Operations and Politics", "Mathematics", "Mentoring", "Music", "School districts", "School libraries", "School lunch program", "Science, Technology, Communications", "Scientific education", "Social Welfare", "Technical education", "Youth violence" ]

[ { "text": "1. Short title \nThis Act may be cited as the American Schools Abroad Support Act.", "id": "H03787DECE05C489C89989738B14C24D9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in other countries. (2) These American-sponsored schools serve 99,318 students, of whom 27,412 are United States citizens. (3) Twenty of these American-sponsored schools—serving 10,907 students—are located in the Near East and South Asia region, and other American-sponsored schools are located in countries with significant Muslim populations in Africa, Central Asia, and East Asia. (4) American-sponsored schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills. (5) In response to growing anti-American sentiment in Arab and other predominantly Muslim countries, the United States has placed a renewed emphasis on public diplomacy programs, with education at the elementary, secondary, and university levels representing an important part of that effort. (6) Education is a key element of the efforts of the United States to promote political, economic, and social reform in Arab and predominantly Muslim countries, and is one of the main components of the Middle East Partnership Initiative. (7) As active, vibrant institutions, American-sponsored schools play a vital role in their local communities, and help advance public diplomacy interests of the United States. (8) The Department of State currently provides funds to American-sponsored schools amounting only, on average, to between one and two percent of their annual operating expenses. (9) The United States has an interest in increasing the level of financial support provided to American-sponsored schools in Arab and predominantly Muslim countries, in order to— (A) increase the number of students in such countries who attend such schools; and (B) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States. (10) The United States has an interest in increasing the number of students in Arab and predominately Muslim countries who attend American-sponsored schools beyond those from affluent families who are able to afford the cost of tuition, to include children from lower- and middle-income families who otherwise might not be able to afford to attend such schools. (11) Many American-sponsored schools have the capacity to increase the number of students who attend such schools. (12) The Department of State has legal authority under the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. ) (commonly referred to as the Fulbright-Hays Act) to provide increased financial support for American-sponsored schools.", "id": "H66D2C8C2D90541BB94AA7F5F71A5C3B7", "header": "Findings", "nested": [], "links": [ { "text": "22 U.S.C. 2451 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2451" } ] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that, based on the findings contained in section 2, additional funds should be made available to American-sponsored schools in Arab and predominately Muslim countries to provide full or partial merit-based scholarships to children from lower- and middle-income families of such countries to attend such schools.", "id": "HA0B59B74B17B4F4C9EED43692309E74E", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide scholarships to students \n(a) Grants authorized \nThe Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools. (b) Determination of eligible students \nFor purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located. (c) Restriction on use of funds \nAmounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office. (d) Authorization of appropriations \nThere are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).", "id": "H09BF3ED308D9412B866B5E4DCFE2E3A4", "header": "Grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide scholarships to students", "nested": [ { "text": "(a) Grants authorized \nThe Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools.", "id": "HA39C4F6F7A64484C00AF235FBA2EC009", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Determination of eligible students \nFor purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located.", "id": "H64D4F715584B4EB2B5E207007131C49C", "header": "Determination of eligible students", "nested": [], "links": [] }, { "text": "(c) Restriction on use of funds \nAmounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office.", "id": "HC91AEC18D3D24D289C3700ADAD5999EE", "header": "Restriction on use of funds", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).", "id": "HBDAA97C37BD24ABBA36DC49B007D313D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Arab countries", "Economic assistance", "Education", "Education of the disadvantaged", "Elementary and secondary education", "Elementary education", "Foreign students", "Iraq compilation", "Islamic countries", "Middle East and North Africa", "Scholarships", "Secondary education", "Social Welfare" ]

[ { "text": "1. Equity for surviving spouses of members of the Armed Forces dying on active duty during the period beginning on September 11, 2001, and ending on November 23, 2003 \nSubparagraph (B) of section 1448(d)(2) of title 10, United States Code, as added by section 645(a)(1) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1518), is amended by striking the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 and inserting September 11, 2001,.", "id": "HCC06DF2DE16148F9AF004C950074EA4E", "header": "Equity for surviving spouses of members of the Armed Forces dying on active duty during the period beginning on September 11, 2001, and ending on November 23, 2003", "nested": [], "links": [ { "text": "section 1448(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/10/1448" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" } ] } ]

[ "Annuities", "Families", "Labor and Employment", "Military dependents", "Military pensions", "Survivors' benefits" ]

[ { "text": "1. Short title \nThis Act may be cited as the Air Tanker Emergency Release Act of 2004.", "id": "H955A4BD0F98A45CBA53F44CCBA2FE256", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reinstatement of canceled contracts for large air tankers \n(a) Owner Requirements \nAt the request of the owner of a large air tanker whose contract to provide aerial firefighting services was canceled on May 10, 2004, by the Secretary of Agriculture or the Secretary of the Interior, the Secretary concerned shall reinstate the contract if an owner provides to such Secretary— (1) proof of a valid air worthiness certificate issued by the Federal Aviation Administration; (2) proof of a valid supplemental certificate (or its equivalent) for installation of retardant tank and gating systems used for fire retardant drops issued by the Federal Aviation Administration; (3) a completed form issued and approved by the Federal Aviation Administration for major repair and alteration (such as airframe, powerplant, propeller, or appliance); (4) an air tanker card issued by an aircraft inspector of the Forest Service after January 1, 2004; and (5) a copy of a form described in subsection (b). (b) Department Requirements \nNot later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall provide to the owner of a large air tanker seeking contract reinstatement a copy of any form issued in 2004 by the Department of Agriculture, signed by the owner of a large tanker and the National Aviation Operations Officer for such Department, certifying that the large air tanker has been inspected, with no defects noted, in accordance with recommendations of the Forest Service large tanker inspection maintenance program which was developed by the Airworthiness Department of Sandia National Laboratories. (c) Contract termination \nA contract reinstated under this section shall terminate on December 31, 2004, or such earlier date as an owner of a large air tanker may request from the Secretary of Agriculture.", "id": "HAB67252A9E474670A4D542FC005D2FFD", "header": "Reinstatement of canceled contracts for large air tankers", "nested": [ { "text": "(a) Owner Requirements \nAt the request of the owner of a large air tanker whose contract to provide aerial firefighting services was canceled on May 10, 2004, by the Secretary of Agriculture or the Secretary of the Interior, the Secretary concerned shall reinstate the contract if an owner provides to such Secretary— (1) proof of a valid air worthiness certificate issued by the Federal Aviation Administration; (2) proof of a valid supplemental certificate (or its equivalent) for installation of retardant tank and gating systems used for fire retardant drops issued by the Federal Aviation Administration; (3) a completed form issued and approved by the Federal Aviation Administration for major repair and alteration (such as airframe, powerplant, propeller, or appliance); (4) an air tanker card issued by an aircraft inspector of the Forest Service after January 1, 2004; and (5) a copy of a form described in subsection (b).", "id": "H59ED25329BCB48F3898EBE2BB099FB84", "header": "Owner Requirements", "nested": [], "links": [] }, { "text": "(b) Department Requirements \nNot later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall provide to the owner of a large air tanker seeking contract reinstatement a copy of any form issued in 2004 by the Department of Agriculture, signed by the owner of a large tanker and the National Aviation Operations Officer for such Department, certifying that the large air tanker has been inspected, with no defects noted, in accordance with recommendations of the Forest Service large tanker inspection maintenance program which was developed by the Airworthiness Department of Sandia National Laboratories.", "id": "H5C8C47E61E1440C89C0600E9F459418B", "header": "Department Requirements", "nested": [], "links": [] }, { "text": "(c) Contract termination \nA contract reinstated under this section shall terminate on December 31, 2004, or such earlier date as an owner of a large air tanker may request from the Secretary of Agriculture.", "id": "H1058B83F602E4140B2EC40D517EE7B38", "header": "Contract termination", "nested": [], "links": [] } ], "links": [] } ]

[ "Aviation safety", "Emergency Management", "Fire prevention", "Forest fires", "Government Operations and Politics", "Government contractors", "Government paperwork", "Law", "Licenses", "Maintenance and repair", "Tanker aircraft", "Transportation and Public Works" ]

[ { "text": "1. Authorization of appropriations for adjustment assistance for firms \nSection 256(b) of the Trade Act of 1974 ( 19 U.S.C. 2346(b) ) is amended by striking 2007 and inserting 2012.", "id": "HE1029ACBFCCD49739B004DB995FF7633", "header": "Authorization of appropriations for adjustment assistance for firms", "nested": [], "links": [ { "text": "19 U.S.C. 2346(b)", "legal-doc": "usc", "parsable-cite": "usc/19/2346" } ] }, { "text": "2. Delegation of functions to carry out the adjustment assistance for firms program \n(a) Delegation \nSection 256 of the Trade Act of 1974 ( 19 U.S.C. 2346 ) is amended— (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as redesignated) the following: (a) Except as provided in subsection (b), the Secretary shall delegate all functions of the Secretary under this chapter to the Under Secretary of Commerce for International Trade. ; and (3) in the heading, by striking to small business administration. (b) Conforming amendment \nThe item relating to section 256 in the table of contents of the Trade Act of 1974 is amended to read as follows: Sec. 256. Delegation of functions; authorization of appropriations. (c) Effective date \nThe amendments made by this section shall take effect 60 days after the date of the enactment of this Act.", "id": "H8AD572F9D6FB4AA79F766FF496D99796", "header": "Delegation of functions to carry out the adjustment assistance for firms program", "nested": [ { "text": "(a) Delegation \nSection 256 of the Trade Act of 1974 ( 19 U.S.C. 2346 ) is amended— (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as redesignated) the following: (a) Except as provided in subsection (b), the Secretary shall delegate all functions of the Secretary under this chapter to the Under Secretary of Commerce for International Trade. ; and (3) in the heading, by striking to small business administration.", "id": "HF77427250F444F2B0016003C70661C1D", "header": "Delegation", "nested": [], "links": [ { "text": "19 U.S.C. 2346", "legal-doc": "usc", "parsable-cite": "usc/19/2346" } ] }, { "text": "(b) Conforming amendment \nThe item relating to section 256 in the table of contents of the Trade Act of 1974 is amended to read as follows: Sec. 256. Delegation of functions; authorization of appropriations.", "id": "H545DD42E0FE048B39B1FA15BE4DD279E", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect 60 days after the date of the enactment of this Act.", "id": "H85E5684D0BAA43BCB4E6AC88C5B4443F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "19 U.S.C. 2346", "legal-doc": "usc", "parsable-cite": "usc/19/2346" } ] } ]

[ "Authorization", "Delegation of powers", "Department of Commerce", "Economics and Public Finance", "Government Operations and Politics", "Trade adjustment assistance" ]

[ { "text": "1. Findings \nCongress finds the following: (1) The United States must have adequate infrastructure and policies in place under the detention and removal operation of the Department of Homeland Security to protect against terrorists immigrating into the United States. (2) Other than Mexican (OTM) immigrants, many from countries of interest, are immigrating to the United States and are released at the border on their own recognizance because of the lack of detention capacity. (3) The Department of Homeland Security estimates that up to 90 percent of these immigrants do not appear for their hearings before the immigration hearing officer. (4) The Department of Homeland Security needs more personnel at the borders with the necessary security clearances and equipment to adequately screen and detain immigrants coming to the United States through our borders.", "id": "HF78372767F7C439EBE67BE790069175E", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Improvement in security clearance process and increase in detention beds along the United State-Mexico border \n(a) Improvement in security clearance process \nThe Secretary of Homeland Security shall— (1) expeditiously implement policies ensuring that personnel of the Department of Homeland Security along the United States-Mexico border have the security clearances required to access information necessary to adequately screen immigrants entering the United States at such border, including IDENT and IAFIS databases and databases used by the Department’s inspectors in secondary inspections; and (2) develop the interagency agreements and information technology infrastructure necessary for border agents to adequately screen immigrants entering the United States at such border. (b) Increase in detention beds \nSubject to the availability of appropriations, the Secretary of Homeland Security shall increase by 2,000 the number of detention beds in the Port Isabel Service Processing Center at Los Fresnos, Texas.", "id": "H3804704D55AE46AA86898F2B51D6AADD", "header": "Improvement in security clearance process and increase in detention beds along the United State-Mexico border", "nested": [ { "text": "(a) Improvement in security clearance process \nThe Secretary of Homeland Security shall— (1) expeditiously implement policies ensuring that personnel of the Department of Homeland Security along the United States-Mexico border have the security clearances required to access information necessary to adequately screen immigrants entering the United States at such border, including IDENT and IAFIS databases and databases used by the Department’s inspectors in secondary inspections; and (2) develop the interagency agreements and information technology infrastructure necessary for border agents to adequately screen immigrants entering the United States at such border.", "id": "H857F8483C8044DD79CEB49AA95C0003F", "header": "Improvement in security clearance process", "nested": [], "links": [] }, { "text": "(b) Increase in detention beds \nSubject to the availability of appropriations, the Secretary of Homeland Security shall increase by 2,000 the number of detention beds in the Port Isabel Service Processing Center at Los Fresnos, Texas.", "id": "H6EECA8E1E685470AB8D5C960A19731EB", "header": "Increase in detention beds", "nested": [], "links": [] } ], "links": [] } ]

[ "Arizona", "Armed Forces and National Security", "Border patrols", "Boundaries", "California", "Crime and Law Enforcement", "Criminal aliens", "Data banks", "Department of Homeland Security", "Detention of persons", "Government Operations and Politics", "Identification of criminals", "Immigrants", "Information technology", "International Affairs", "Latin America", "Mexico", "New Mexico", "Science, Technology, Communications", "Security clearances", "Terrorism", "Texas" ]

[ { "text": "1. Short title \nThis Act may be cited as the “Lowell National Historical Park Boundary Adjustment Act”.", "id": "H522830B575F54393B69484A4EA2A12C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments \nThe Act entitled An Act to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes approved June 5, 1978 ( Public Law 95–290 ; 92 Stat. 290; 16 U.S.C. 410cc et seq. ) is amended as follows: (1) In section 101(a), by adding a new paragraph after paragraph (2) as follows: (3) The boundaries of the park are modified to include five parcels of land identified on the map entitled Boundary Adjustment, Lowell National Historical Park, numbered 475/81,424B and dated September 2004, and as delineated in section 202(a)(2)(G).. (2) In section 202(a)(2), by adding at the end the following new subparagraph: (G) The properties shown on the map identified in subsection (101)(a)(3) as follows: (i) 91 Pevey Street. (ii) The portion of 607 Middlesex Place. (iii) Eagle Court. (iv) The portion of 50 Payne Street. (v) 726 Broadway..", "id": "H1C42A0B357834073AD42D3BFF2CE3BD0", "header": "Amendments", "nested": [], "links": [ { "text": "Public Law 95–290", "legal-doc": "public-law", "parsable-cite": "pl/95/290" }, { "text": "16 U.S.C. 410cc et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/410cc" } ] } ]

[ "Boundaries", "Commemorations", "Commerce", "Historic sites", "History", "Industrialization", "Land transfers", "Massachusetts", "National parks" ]

[ { "text": "1. Short title \nThis Act may be cited as the Farmers Markets Infrastructure Assistance Act of 2004.", "id": "H18C28E4A4783442CBA55145BB200F09D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Infrastructure funding for farmers markets \n(a) In general \nIn addition to exercising authority to make loans and loan guarantees under other law, the Secretary shall make loans, loan guarantees, and grants to public agencies and nonprofit organizations for the construction of new farmers markets, or the improvement or rehabilitation of existing farmers markets. (b) Eligibility \nTo be eligible to receive a loan, loan guarantee, or grant under subsection (a) with respect to a farmers market the public agency or nonprofit organization involved shall— (1) demonstrate financial need as determined by the Secretary; and (2) commit to reserving at least 50 percent of the floor area of the farmers market for the sale of products that are produced locally by farmers, ranchers, or associations of farmers or ranchers. (c) Cost sharing \n(1) Grants \nThe amount of a grant shall not exceed 25 percent of the cost of the activity funded under subsection (a). (2) Maximum amount of combined grant and loan \nThe combined amount of a grant and loan made or guaranteed shall not exceed 80 percent of the cost of the activity funded under subsection (a). (d) Interest rate \n(1) In general \nA loan made by the Secretary under subsection (a) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. (2) Duration \nThe interest rate for each loan will remain in effect for the term of the loan. (e) Funding \nOf the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2005 through 2007. (f) Effective date \nThis Act shall take effect on October 1, 2004.", "id": "HBF0883A72DE84C32ADC7006B6CEE9998", "header": "Infrastructure funding for farmers markets", "nested": [ { "text": "(a) In general \nIn addition to exercising authority to make loans and loan guarantees under other law, the Secretary shall make loans, loan guarantees, and grants to public agencies and nonprofit organizations for the construction of new farmers markets, or the improvement or rehabilitation of existing farmers markets.", "id": "HDF106827503248DABDCBD93DC142E766", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nTo be eligible to receive a loan, loan guarantee, or grant under subsection (a) with respect to a farmers market the public agency or nonprofit organization involved shall— (1) demonstrate financial need as determined by the Secretary; and (2) commit to reserving at least 50 percent of the floor area of the farmers market for the sale of products that are produced locally by farmers, ranchers, or associations of farmers or ranchers.", "id": "H83E31B17931F4AAC9B16CD885EC88340", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Cost sharing \n(1) Grants \nThe amount of a grant shall not exceed 25 percent of the cost of the activity funded under subsection (a). (2) Maximum amount of combined grant and loan \nThe combined amount of a grant and loan made or guaranteed shall not exceed 80 percent of the cost of the activity funded under subsection (a).", "id": "H402C8A6DAFDF456092852FAE9A7B4BC", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(d) Interest rate \n(1) In general \nA loan made by the Secretary under subsection (a) shall bear interest at the rate equivalent to the rate of interest charged on Treasury securities of comparable maturity on the date the loan is approved. (2) Duration \nThe interest rate for each loan will remain in effect for the term of the loan.", "id": "HF1A38E50432E42DDB2489FE51FEBB7", "header": "Interest rate", "nested": [], "links": [] }, { "text": "(e) Funding \nOf the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2005 through 2007.", "id": "H63330CAFE352469285963B3D153804FC", "header": "Funding", "nested": [], "links": [] }, { "text": "(f) Effective date \nThis Act shall take effect on October 1, 2004.", "id": "HC6D55AD7B314415291A037B7F8D4721", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Agricultural credit", "Economics and Public Finance", "Federally-guaranteed loans", "Finance and Financial Sector", "Government lending", "Grants-in-aid", "Marketing of farm produce", "Nonprofit organizations", "Social Welfare" ]

[ { "text": "1. Suspension of duty on 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.38.42 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt (CAS No. 392286-82-7) (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.38.42 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-,(1R,6R)-rel-, reaction products with pentafluoroiodoethane-tetrefluoroethylene telomer, ammonium salt (CAS No. 392286-82-7) (provided for in subheading 3809.92.50) Free No Change No Change On or Before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC877FA7D029E43CB81DEDF018767978D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) More than 35,000,000 individuals are prohibited from using Form 1040EZ to file their income tax returns simply because they are age 62 or older. (2) The Congress should aggressively seek to end age discrimination in Federal tax regulation. (3) The Internal Revenue Service reports that each year seniors file more than 11,000,000 tax returns claiming only the standard deduction. Because some tax returns are joint returns, standard-deduction returns represent close to 15,000,000 seniors. Many, if not all, of these seniors would appreciate the option of a simple and less time-consuming Federal tax return. (4) The Internal Revenue Service reports that processing a Form 1040 costs the Government—and, therefore, taxpayers—50 percent more than processing a Form 1040EZ.", "id": "H77D3C673917A4C9A9EF92D26A0F247E2", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Form 1040SR for certain seniors \n(a) In general \nAn eligible senior (and, in the case of a joint return, such individual’s spouse) shall not be treated as ineligible to use the form referred to in subsection (b) to file the return of tax imposed under section 1 of the Internal Revenue Code of 1986 for any taxable year beginning after the date of the enactment of this Act on the basis of— (1) such individual receiving any social security benefit or any distribution from a retirement plan, (2) the amount of such taxpayer’s taxable interest income, or (3) the amount of such taxpayer’s taxable income. (b) Form 1040SR \nThe Secretary of the Treasury shall develop a form for purposes of carrying out subsection (a). Such form shall be similar to Form 1040EZ, known as Form 1040SR , and a single page which is 8 1/2 inches by 11 inches in size with clear and reasonable type. (c) Eligible senior \nFor purposes of this section, the term eligible senior means, with respect to any taxable year, any individual who has attained age 62 as of the close of such taxable year.", "id": "H72C5A17FD0F0487EBB40D2D8D99EBBE9", "header": "Form 1040SR for certain seniors", "nested": [ { "text": "(a) In general \nAn eligible senior (and, in the case of a joint return, such individual’s spouse) shall not be treated as ineligible to use the form referred to in subsection (b) to file the return of tax imposed under section 1 of the Internal Revenue Code of 1986 for any taxable year beginning after the date of the enactment of this Act on the basis of— (1) such individual receiving any social security benefit or any distribution from a retirement plan, (2) the amount of such taxpayer’s taxable interest income, or (3) the amount of such taxpayer’s taxable income.", "id": "H93F155687C214CE0A6B8DC62173316FA", "header": "In general", "nested": [], "links": [ { "text": "section 1", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] }, { "text": "(b) Form 1040SR \nThe Secretary of the Treasury shall develop a form for purposes of carrying out subsection (a). Such form shall be similar to Form 1040EZ, known as Form 1040SR , and a single page which is 8 1/2 inches by 11 inches in size with clear and reasonable type.", "id": "H6C2F746728534541BEB7481913ADB06E", "header": "Form 1040SR", "nested": [], "links": [] }, { "text": "(c) Eligible senior \nFor purposes of this section, the term eligible senior means, with respect to any taxable year, any individual who has attained age 62 as of the close of such taxable year.", "id": "H2F44AA290D0F4432A3BB31B86BB9ABD8", "header": "Eligible senior", "nested": [], "links": [] } ], "links": [ { "text": "section 1", "legal-doc": "usc", "parsable-cite": "usc/26/1" } ] } ]

[ "Annuities", "Capital gains tax", "Dividends", "Finance and Financial Sector", "Income", "Income tax", "Interest", "Labor and Employment", "Losses", "Old age, survivors and disability insurance", "Pension funds", "Social Welfare", "Tax returns", "Tax-deferred compensation plans", "Taxpayers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Childhood Obesity Reduction Act.", "id": "H707A4B42D6924CAFBDA8C64F32E16494", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) According to the Centers for Disease Control and Prevention, obesity may soon overtake tobacco as the leading preventable cause of death. (2) In 1999, 13 percent of children aged 6 to 11 years and 14 percent of adolescents aged 12 to 19 years in the United States were overweight. This prevalence has nearly tripled for adolescents in the past 2 decades. (3) Risk factors for heart disease, such as high cholesterol and high blood pressure, occur with increased frequency in overweight children and adolescents compared to children with a healthy weight. (4) Type 2 diabetes, previously considered an adult disease, has increased dramatically in children and adolescents. Overweight and obesity are closely linked to type 2 diabetes. (5) Obesity in children and adolescents is generally caused by a lack of physical activity, unhealthy eating patterns, or a combination of the 2, with genetics and lifestyle both playing important roles in determining a child’s weight. (6) Overweight adolescents have a 70 percent chance of becoming overweight or obese adults. (7) The 2001 report The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity suggested that obesity and its complications were already costing the United States $117,000,000,000 annually. (8) Substantial evidence shows that public health risks can be reduced through increased public awareness and community involvement. (9) Congress needs to challenge students, teachers, school administrators, and local communities to voluntarily participate in the development and implementation of activities to successfully reduce and prevent childhood obesity.", "id": "H085A7646DFD24123B07573FA08C76B80", "header": "Findings", "nested": [], "links": [] }, { "text": "101. Congressional Council on Childhood Obesity \n(a) Establishment of Council \nThere is established a Congressional Council on Childhood Obesity (referred to in this title as the Council ). (b) Purposes \nThe purposes of the Council shall be— (1) to encourage every elementary school and middle school in the United States, whether public or private, to develop and implement a plan to reduce and prevent obesity, promote improved nutritional choices, and promote increased physical activity among students; and (2) to provide information as necessary to secondary schools.", "id": "H1458755359854A8CB59295E2099FFF5F", "header": "Congressional Council on Childhood Obesity", "nested": [ { "text": "(a) Establishment of Council \nThere is established a Congressional Council on Childhood Obesity (referred to in this title as the Council ).", "id": "H863272652A2E4A9FB392861E68F801DF", "header": "Establishment of Council", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of the Council shall be— (1) to encourage every elementary school and middle school in the United States, whether public or private, to develop and implement a plan to reduce and prevent obesity, promote improved nutritional choices, and promote increased physical activity among students; and (2) to provide information as necessary to secondary schools.", "id": "HE72FD6285F26410DA9F855C3FC16837C", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Membership of the Council \n(a) Composition of the Council \nThe Council shall be composed of 8 members as follows: (1) The majority leader of the Senate or the designee of the majority leader of the Senate. (2) The minority leader of the Senate or the designee of the minority leader of the Senate. (3) The Speaker of the House of Representatives or the designee of the Speaker of the House of Representatives. (4) The minority leader of the House of Representatives or the designee of the minority leader of the House of Representatives. (5) 4 citizen members to be appointed in accordance with subsection (b). (b) Appointment of citizen Council members \n(1) Method of appointment \nFor the purpose of subsection (a)(5), each of the 4 members described in paragraphs (1) through (4) of subsection (a) shall appoint to the Council a citizen who is an expert on children’s health, nutrition, or physical activity. (2) Date of appointment \nThe appointments made under paragraph (1) shall be made not later than 120 days after the date of enactment of this Act. (c) Vacancies \nAny vacancy in the Council shall not affect its powers, but shall be filled in the manner in which the original appointment was made under subsection (a). (d) Chairperson \nThe members of the Council shall elect, from among the members of the Council, a Chairperson. (e) Initial meeting \nThe Council shall hold its first meeting not later than 120 days after the date of enactment of this Act.", "id": "H61DA99CA302E4E3DA6BDDED01BC783D6", "header": "Membership of the Council", "nested": [ { "text": "(a) Composition of the Council \nThe Council shall be composed of 8 members as follows: (1) The majority leader of the Senate or the designee of the majority leader of the Senate. (2) The minority leader of the Senate or the designee of the minority leader of the Senate. (3) The Speaker of the House of Representatives or the designee of the Speaker of the House of Representatives. (4) The minority leader of the House of Representatives or the designee of the minority leader of the House of Representatives. (5) 4 citizen members to be appointed in accordance with subsection (b).", "id": "H35F7046558314CA1AE8C598CA1D38F00", "header": "Composition of the Council", "nested": [], "links": [] }, { "text": "(b) Appointment of citizen Council members \n(1) Method of appointment \nFor the purpose of subsection (a)(5), each of the 4 members described in paragraphs (1) through (4) of subsection (a) shall appoint to the Council a citizen who is an expert on children’s health, nutrition, or physical activity. (2) Date of appointment \nThe appointments made under paragraph (1) shall be made not later than 120 days after the date of enactment of this Act.", "id": "H7C5F5C48F6124B17A2C0282D795F7968", "header": "Appointment of citizen Council members", "nested": [], "links": [] }, { "text": "(c) Vacancies \nAny vacancy in the Council shall not affect its powers, but shall be filled in the manner in which the original appointment was made under subsection (a).", "id": "HDA0B974A3901426CADFA0C4B55DDC41", "header": "Vacancies", "nested": [], "links": [] }, { "text": "(d) Chairperson \nThe members of the Council shall elect, from among the members of the Council, a Chairperson.", "id": "HCEB226637BAF4F8A9C9FB9F8A22DF10", "header": "Chairperson", "nested": [], "links": [] }, { "text": "(e) Initial meeting \nThe Council shall hold its first meeting not later than 120 days after the date of enactment of this Act.", "id": "H88D1DBAEFEA740D59F2063693DC33E4D", "header": "Initial meeting", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Responsibilities of the Council \n(a) In general \nThe Council shall engage in the following activities: (1) Work with outside experts to develop the Congressional Challenge to Reduce and prevent Childhood Obesity, which shall include the development of model plans to reduce and prevent childhood obesity that can be adopted or adapted by elementary schools or middle schools that participate. (2) Develop and maintain a website that is updated not less than once a month on best practices in the United States for reducing and preventing childhood obesity. (3) Assist in helping elementary schools and middle schools in establishing goals for the healthy reduction and prevention of childhood obesity. (4) Consult and coordinate with the President’s Council on Physical Fitness and other Federal Government initiatives conducting activities to reduce and prevent childhood obesity. (5) Reward elementary schools, middle schools, and local educational agencies promoting innovative, successful strategies in reducing and preventing childhood obesity. (6) Provide information to secondary schools. (b) Congressional Challenge winners \n(1) In general \nThe Council shall— (A) evaluate plans submitted by elementary schools, middle schools, and local educational agencies under paragraph (2); (B) designate the plans submitted under paragraph (2) that meet the criteria under paragraph (3) as Congressional Challenge winners; and (C) post the plans of the Congressional Challenge winners designated under subparagraph (B) on the website of the Council as model plans for reducing and preventing childhood obesity. (2) Submission of plans \nEach elementary school, middle school, or local educational agency that desires to have the plan to reduce and prevent childhood obesity of such entity designated as a Congressional Challenge winner shall submit to the Council such plan at such time, in such manner, and accompanied by such information as the Council may reasonably require. (3) Selection criteria \n(A) In general \nThe Council shall evaluate plans submitted by elementary schools, middle schools, and local educational agencies under paragraph (2) and shall designate as Congressional Challenge winners the plans that— (i) show promise in successfully increasing physical activity, improving nutrition, and reducing and preventing obesity; or (ii) have maintained efforts in assisting children in increasing physical activity, improving nutrition, and reducing and preventing obesity. (B) Criteria \nThe Council shall make the determination under subparagraph (A) based on the following criteria: (i) Strategies based on evaluated interventions. (ii) The number of children in the community in need of assistance in addressing obesity and the potential impact of the proposed plan. (iii) The involvement in the plan of the community served by the school or local educational agency. (iv) Other criteria as determined by the Council. (c) Meetings \nThe Council shall hold not less than 1 meeting each year, and all meetings of the Council shall be public meetings, preceded by a publication of notice in the Federal Register.", "id": "H90CB96846BA243218D767EEF37CD4826", "header": "Responsibilities of the Council", "nested": [ { "text": "(a) In general \nThe Council shall engage in the following activities: (1) Work with outside experts to develop the Congressional Challenge to Reduce and prevent Childhood Obesity, which shall include the development of model plans to reduce and prevent childhood obesity that can be adopted or adapted by elementary schools or middle schools that participate. (2) Develop and maintain a website that is updated not less than once a month on best practices in the United States for reducing and preventing childhood obesity. (3) Assist in helping elementary schools and middle schools in establishing goals for the healthy reduction and prevention of childhood obesity. (4) Consult and coordinate with the President’s Council on Physical Fitness and other Federal Government initiatives conducting activities to reduce and prevent childhood obesity. (5) Reward elementary schools, middle schools, and local educational agencies promoting innovative, successful strategies in reducing and preventing childhood obesity. (6) Provide information to secondary schools.", "id": "HB5F7D58AD3A64F579E00CF84157FC5EC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Congressional Challenge winners \n(1) In general \nThe Council shall— (A) evaluate plans submitted by elementary schools, middle schools, and local educational agencies under paragraph (2); (B) designate the plans submitted under paragraph (2) that meet the criteria under paragraph (3) as Congressional Challenge winners; and (C) post the plans of the Congressional Challenge winners designated under subparagraph (B) on the website of the Council as model plans for reducing and preventing childhood obesity. (2) Submission of plans \nEach elementary school, middle school, or local educational agency that desires to have the plan to reduce and prevent childhood obesity of such entity designated as a Congressional Challenge winner shall submit to the Council such plan at such time, in such manner, and accompanied by such information as the Council may reasonably require. (3) Selection criteria \n(A) In general \nThe Council shall evaluate plans submitted by elementary schools, middle schools, and local educational agencies under paragraph (2) and shall designate as Congressional Challenge winners the plans that— (i) show promise in successfully increasing physical activity, improving nutrition, and reducing and preventing obesity; or (ii) have maintained efforts in assisting children in increasing physical activity, improving nutrition, and reducing and preventing obesity. (B) Criteria \nThe Council shall make the determination under subparagraph (A) based on the following criteria: (i) Strategies based on evaluated interventions. (ii) The number of children in the community in need of assistance in addressing obesity and the potential impact of the proposed plan. (iii) The involvement in the plan of the community served by the school or local educational agency. (iv) Other criteria as determined by the Council.", "id": "HC4D628A9BD9B440C8946EDF2472E21E", "header": "Congressional Challenge winners", "nested": [], "links": [] }, { "text": "(c) Meetings \nThe Council shall hold not less than 1 meeting each year, and all meetings of the Council shall be public meetings, preceded by a publication of notice in the Federal Register.", "id": "HA8777B7E4C744EB68CC64CFCFE46EAB", "header": "Meetings", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Administrative matters \n(a) Pay and travel expenses \n(1) Prohibition of pay \nMembers of the Council shall receive no pay, allowances, or benefits by reason of their service on the Council. (2) Travel expenses \n(A) Compensation for travel \nEach member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council, to the extent funds are available under subparagraph (B) for such expenses. (B) Limit on travel expenses \nTravel expenses under subparagraph (A) shall be appropriated from the amounts appropriated to the legislative branch and shall not exceed $1,000,000. (b) Staff \nThe Chairperson of the Council may appoint and terminate, as may be necessary to enable the Council to perform its duties, not more than 5 staff personnel, all of whom shall be considered employees of the Senate.", "id": "H10A9431572344823853B9B7F79C8FB39", "header": "Administrative matters", "nested": [ { "text": "(a) Pay and travel expenses \n(1) Prohibition of pay \nMembers of the Council shall receive no pay, allowances, or benefits by reason of their service on the Council. (2) Travel expenses \n(A) Compensation for travel \nEach member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council, to the extent funds are available under subparagraph (B) for such expenses. (B) Limit on travel expenses \nTravel expenses under subparagraph (A) shall be appropriated from the amounts appropriated to the legislative branch and shall not exceed $1,000,000.", "id": "H3A60FDAE29E5498CB4F6915634B12568", "header": "Pay and travel expenses", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(b) Staff \nThe Chairperson of the Council may appoint and terminate, as may be necessary to enable the Council to perform its duties, not more than 5 staff personnel, all of whom shall be considered employees of the Senate.", "id": "HDCBC2F5E33734C36AFB2EAAC359CD569", "header": "Staff", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "105. Termination of Council \nThe Council shall terminate on September 30 of the second full fiscal year following the date of enactment of this Act.", "id": "H350456AD3E0D4234B2C3C114D54E93D", "header": "Termination of Council", "nested": [], "links": [] }, { "text": "106. Authorization of appropriations \nThere are authorized to be appropriated to carry out this title $2,200,000 for each of fiscal years 2005 and 2006.", "id": "H9D93BE95C80B4150ACDB00A154834D5E", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "201. Establishment and duties of Foundation \n(a) In general \nThere shall be established in accordance with this section a nonprofit private corporation to be known as the National Foundation for the Prevention and Reduction of Childhood Obesity (referred to in this title as the Foundation ). The Foundation shall not be an agency or instrumentality of the Federal Government, and officers, employees, and members of the board of the Foundation shall not be officers or employees of the Federal Government. (b) Purpose of Foundation \nThe purpose of the Foundation shall be to support and carry out activities for the prevention and reduction of childhood obesity through school-based activities. (c) Endowment fund \n(1) In general \nIn carrying out subsection (b), the Foundation shall establish a fund for providing endowments for positions that are associated with the Congressional Council on Childhood Obesity and the Department of Health and Human Services (referred to in this title as the Department ) and dedicated to the purpose described in such subsection. Subject to subsection (g)(1)(B), the fund shall consist of such donations as may be provided by non-Federal entities and such non-Federal assets of the Foundation (including earnings of the Foundation and the fund) as the Foundation may elect to transfer to the fund. (2) Authorized expenditures of fund \nThe provision of endowments under paragraph (1) shall be the exclusive function of the fund established under such paragraph. Such endowments may be expended only for the compensation of individuals holding the positions, for staff, equipment, quarters, travel, and other expenditures that are appropriate in supporting the positions, and for recruiting individuals to hold the positions endowed by the fund. (d) Certain activities of Foundation \nIn carrying out subsection (b), the Foundation may provide for the following with respect to the purpose described in such subsection: (1) Evaluate and make known the effectiveness of model plans used by schools to reduce and prevent childhood obesity. (2) Create a website to assist in the distribution of successful plans, best practices, and other information to assist elementary schools, middle schools, and the public to develop and implement efforts to reduce and prevent childhood obesity. (3) Participate in meetings, conferences, courses, and training workshops. (4) Assist in the distribution of data concerning childhood obesity. (5) Make Challenge awards, pursuant to subsection (e), to elementary schools, middle schools, and local educational agencies for the successful development and implementation of school-based plans. (6) Other activities to carry out the purpose described in subsection (b). (e) Challenge awards \n(1) Program authorized \nThe Foundation may provide Challenge awards to elementary schools, middle schools, and local educational agencies that submit applications under paragraph (2). (2) Application \nEach elementary school, middle school, or local educational agency that desires to receive a Challenge award under this subsection shall submit an application that includes a plan to reduce and prevent childhood obesity to the Foundation at such time, in such manner, and accompanied by such additional information as the Foundation may reasonably require. (3) Selection criteria \nIn the program authorized under paragraph (1), the Foundation shall provide Challenge awards based on— (A) the success of the plans of the elementary schools, middle schools, and local educational agencies in meeting the plans’ stated goals; (B) the number of children in the community served by the elementary school, middle school, or local educational agency who are in need of assistance in addressing obesity; and (C) other criteria as determined by the Foundation. (f) General structure of foundation; nonprofit status \n(1) Board of directors \nThe Foundation shall have a board of directors (referred to in this title as the Board ), which shall be established and conducted in accordance with subsection (g). The Board shall establish the general policies of the Foundation for carrying out subsection (b), including the establishment of the bylaws of the Foundation. (2) Executive Director \nThe Foundation shall have an executive director (referred to in this title as the Director ), who shall be appointed by the Board, who shall serve at the pleasure of the Board, and for whom the Board shall establish the rate of compensation. Subject to compliance with the policies and bylaws established by the Board pursuant to paragraph (1), the Director shall be responsible for the daily operations of the Foundation in carrying out subsection (b). (3) Nonprofit status \nIn carrying out subsection (b), the Board shall establish such policies and bylaws under paragraph (1), and the Director shall carry out such activities under paragraph (2), as may be necessary to ensure that the Foundation maintains status as an organization that— (A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and (B) is, under subsection (a) of such section, exempt from taxation. (g) Board of directors \n(1) Certain bylaws \n(A) Inclusions \nIn establishing bylaws under subsection (f)(1), the Board shall ensure that the bylaws of the Foundation include bylaws for the following: (i) Policies for the selection of the officers, employees, agents, and contractors of the Foundation. (ii) Policies, including ethical standards, for the acceptance and disposition of donations to the Foundation and for the disposition of the assets of the Foundation. (iii) Policies for the conduct of the general operations of the Foundation. (iv) Policies for writing, editing, printing, and publishing of books and other materials, and the acquisition of patents and licenses for devices and procedures developed by the Foundation. (B) Exclusions \nIn establishing bylaws under subsection (f)(1), the Board shall ensure that the bylaws of the Foundation (and activities carried out under the bylaws) do not— (i) reflect unfavorably upon the ability of the Foundation, or the Department, to carry out its responsibilities or official duties in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in such program. (2) Composition \n(A) In general \nSubject to subparagraph (B), the Board shall be composed of 7 individuals, appointed in accordance with paragraph (4), who collectively possess education or experience appropriate for representing the fields of children’s health, nutrition, and physical fitness or organizations active in reducing and preventing childhood obesity. Each such individual shall be a voting member of the Board. (B) Greater number \nThe Board may, through amendments to the bylaws of the Foundation, provide that the number of members of the Board shall be a greater number than the number specified in subparagraph (A). (3) Chairperson \nThe Board shall, from among the members of the Board, designate an individual to serve as the Chairperson of the Board (referred to in this subsection as the Chairperson ). (4) Appointments, vacancies, and terms \nSubject to subsection (k) (regarding the initial membership of the Board), the following shall apply to the Board: (A) Any vacancy in the membership of the Board shall be filled by appointment by the Board, after consideration of suggestions made by the Chairperson and the Director regarding the appointments. Any such vacancy shall be filled not later than the expiration of the 180-day period beginning on the date on which the vacancy occurs. (B) The term of office of each member of the Board appointed under subparagraph (A) shall be 5 years. A member of the Board may continue to serve after the expiration of the term of the member until the expiration of the 180-day period beginning on the date on which the term of the member expires. (C) A vacancy in the membership of the Board shall not affect the power of the Board to carry out the duties of the Board. If a member of the Board does not serve the full term applicable under subparagraph (B), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (5) Compensation \nMembers of the Board may not receive compensation for service on the Board. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (h) Certain responsibilities of executive Director \nIn carrying out subsection (f)(2), the Director shall carry out the following functions: (1) Hire, promote, compensate, and discharge officers and employees of the Foundation, and define the duties of the officers and employees. (2) Accept and administer donations to the Foundation, and administer the assets of the Foundation. (3) Establish a process for the selection of candidates for holding endowed positions under subsection (c). (4) Enter into such financial agreements as are appropriate in carrying out the activities of the Foundation. (5) Take such action as may be necessary to acquire patents and licenses for devices and procedures developed by the Foundation and the employees of the Foundation. (6) Adopt, alter, and use a corporate seal, which shall be judicially noticed. (7) Commence and respond to judicial proceedings in the name of the Foundation. (8) Other functions that are appropriate in the determination of the Director. (i) General provisions \n(1) Authority for accepting funds \nThe Secretary of Health and Human Services (referred to in this title as the Secretary ) may accept and utilize, on behalf of the Federal Government, any gift, donation, bequest, or devise of real or personal property from the Foundation for the purpose of aiding or facilitating the work of the Department. Funds may be accepted and utilized by the Secretary under the preceding sentence without regard to whether the funds are designated as general-purpose funds or special-purpose funds. (2) Authority for acceptance of voluntary services \n(A) In general \nThe Secretary may accept, on behalf of the Federal Government, any voluntary services provided to the Department by the Foundation for the purpose of aiding or facilitating the work of the Department. In the case of an individual, the Secretary may accept the services provided under the preceding sentence by the individual for not more than 2 years. (B) Non-federal government employees \nThe limitation established in subparagraph (A) regarding the period of time in which services may be accepted applies to each individual who is not an employee of the Federal Government and who serves in association with the Department pursuant to financial support from the Foundation. (3) Administrative control \nNo officer, employee, or member of the Board may exercise any administrative or managerial control over any Federal employee. (4) Applicability of certain standards to non-federal employees \nIn the case of any individual who is not an employee of the Federal Government and who serves in association with the Department pursuant to financial support from the Foundation, the Foundation shall negotiate a memorandum of understanding with the individual and the Secretary specifying that the individual— (A) shall be subject to the ethical and procedural standards regulating Federal employment, scientific investigation, and research findings (including publications and patents) that are required of individuals employed by the Department, including standards under this Act, the Ethics in Government Act of 1978 (5 U.S.C. App.), and the Federal Technology Transfer Act of 1986 ( Public Law 99–502 ; 100 Stat. 1785); and (B) shall be subject to such ethical and procedural standards under chapter 11 of title 18, United States Code (relating to conflicts of interest), as the Secretary determines is appropriate, except such memorandum may not provide that the individual shall be subject to the standards of section 209 of such chapter. (5) Financial conflicts of interest \nAny individual who is an officer, employee, or member of the Board may not directly or indirectly participate in the consideration or determination by the Foundation of any question affecting— (A) any direct or indirect financial interest of the individual; or (B) any direct or indirect financial interest of any business organization or other entity of which the individual is an officer or employee or in which the individual has a direct or indirect financial interest. (6) Audits; availability of records \nThe Foundation shall— (A) provide for biennial audits of the financial condition of the Foundation; and (B) make such audits, and all other records, documents, and other papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Reports \n(A) In general \nNot later than February 1 of each fiscal year, the Foundation shall publish a report describing the activities of the Foundation during the preceding fiscal year. Each such report shall include for the fiscal year involved a comprehensive statement of the operations, activities, financial condition, and accomplishments of the Foundation. (B) Inclusions \nWith respect to the financial condition of the Foundation, each report under subparagraph (A) shall include the source, and a description, of all gifts to the Foundation of real or personal property, and the source and amount of all gifts to the Foundation of money. Each such report shall include a specification of any restrictions on the purposes for which gifts to the Foundation may be used. (C) Public inspection \nThe Foundation shall make copies of each report submitted under subparagraph (A) available for public inspection, and shall upon request provide a copy of the report to any individual for a charge not exceeding the cost of providing the copy. (8) Liaisons \nThe Secretary shall appoint liaisons to the Foundation from relevant Federal agencies, including the Office of the Surgeon General and the Centers for Disease Control and Prevention. The Secretary of Agriculture shall designate liaisons to the Foundation as appropriate. (9) Inclusion of the President’s Council \nThe Foundation shall ensure that the President’s Council on Physical Fitness is included in the activities of the Foundation. (j) Federal funding \n(1) Authority for annual grants \n(A) In general \nThe Secretary shall— (i) for fiscal year 2005, make a grant to an entity described in subsection (k)(9) (relating to the establishment of a committee to establish the Foundation); (ii) for fiscal years 2006 and 2007, make a grant to the committee established under such subsection, or if the Foundation has been established, to the Foundation; and (iii) for fiscal year 2008 and each subsequent fiscal year, make a grant to the Foundation. (B) Rules on expenditures \nA grant under subparagraph (A) may be expended— (i) in the case of an entity receiving the grant under subparagraph (A)(i), only for the purpose of carrying out the duties established in subsection (k)(9) for the entity; (ii) in the case of the committee established under subsection (k)(9), only for the purpose of carrying out the duties established in subsection (k) for the committee; and (iii) in the case of the Foundation, only for the purpose of the administrative expenses of the Foundation. (C) Restriction \nA grant under subparagraph (A) may not be expended to provide amounts for the fund established under subsection (c). (D) Unobligated grant funds \nFor the purposes described in subparagraph (B)— (i) any portion of the grant made under subparagraph (A)(i) for fiscal year 2005 that remains unobligated after the entity receiving the grant completes the duties established in subsection (k)(9) for the entity shall be available to the committee established under such subsection; and (ii) any portion of a grant under subparagraph (A) made for fiscal year 2005 or 2006 that remains unobligated after such committee completes the duties established in such subsection for the committee shall be available to the Foundation. (2) Funding for grants \n(A) In general \nFor the purpose of grants under paragraph (1), there is authorized to be appropriated $2,200,000 for each fiscal year. (B) Programs of the Department \nFor the purpose of grants under paragraph (1), the Secretary may for each fiscal year make available not more than $2,200,000 from the amounts appropriated for the fiscal year for the programs of the Department. Such amounts may be made available without regard to whether amounts have been appropriated under subparagraph (A). (3) Certain restriction \nIf the Foundation receives Federal funds for the purpose of serving as a fiscal intermediary between Federal agencies, the Foundation may not receive such funds for the indirect costs of carrying out such purpose in an amount exceeding 10 percent of the direct costs of carrying out such purpose. The preceding sentence may not be construed as authorizing the expenditure of any grant under paragraph (1) for such purpose. (k) Committee for establishment of Foundation \n(1) In general \nThere shall be established, in accordance with this subsection and subsection (j)(1), a committee to carry out the functions described in paragraph (2) (referred to in this subsection as the Committee ). (2) Functions \nThe functions referred to in paragraph (1) for the Committee are as follows: (A) To carry out such activities as may be necessary to incorporate the Foundation under the laws of the State involved, including serving as incorporators for the Foundation. Such activities shall include ensuring that the articles of incorporation for the Foundation require that the Foundation be established and operated in accordance with the applicable provisions of this title (or any successor to this title), including such provisions as may be in effect pursuant to amendments enacted after the date of enactment of this Act. (B) To ensure that the Foundation qualifies for and maintains the status described in subsection (f)(3) (regarding taxation). (C) To establish the general policies and initial bylaws of the Foundation, which bylaws shall include the bylaws described in subsections (f)(3) and (g)(1). (D) To provide for the initial operation of the Foundation, including providing for quarters, equipment, and staff. (E) To appoint the initial members of the Board in accordance with the requirements established in subsection (g)(2)(A) for the composition of the Board, and in accordance with such other qualifications as the Committee may determine to be appropriate regarding such composition. Of the members so appointed— (i) 2 shall be appointed to serve for a term of 3 years; (ii) 2 shall be appointed to serve for a term of 4 years; and (iii) 3 shall be appointed to serve for a term of 5 years. (3) Completion of functions of committee; initial meeting of Board \n(A) Completion of functions \nThe Committee shall complete the functions required in paragraph (1) not later than September 30, 2007. The Committee shall terminate upon the expiration of the 30-day period beginning on the date on which the Secretary determines that the functions have been completed. (B) Initial meeting \nThe initial meeting of the Board shall be held not later than November 1, 2007. (4) Composition \nThe Committee shall be composed of 5 members, each of whom shall be a voting member. Of the members of the Committee— (A) no fewer than 2 of the members shall have expertise in children’s health, nutrition, and physical activity; and (B) no fewer than 2 of the members shall have broad, general experience in nonprofit private organizations (without regard to whether the individuals have experience in children’s health, nutrition, and physical activity). (5) Chairperson \nThe Committee shall, from among the members of the Committee, designate an individual to serve as the Chairperson of the Committee. (6) Terms; vacancies \nThe term of members of the Committee shall be for the duration of the Committee. A vacancy in the membership of the Committee shall not affect the power of the Committee to carry out the duties of the Committee. If a member of the Committee does not serve the full term, the individual appointed by the Secretary to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (7) Compensation \nMembers of the Committee may not receive compensation for service on the Committee. Members of the Committee may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Committee. (8) Committee support \nThe Secretary may, from amounts available to the Secretary for the general administration of the Department, provide staff and financial support to assist the Committee with carrying out the functions described in paragraph (2). In providing such staff and support, the Director may both detail employees and contract for assistance. (9) Grant for establishment of Committee \n(A) In general \nWith respect to a grant under paragraph (1)(A)(i) of subsection (j) for fiscal year 2005, an entity described in this paragraph is a private nonprofit entity with significant experience in children’s health, nutrition, and physical activity. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the grant to such an entity (subject to the availability of funds under paragraph (2) of such subsection). (B) Conditions \nThe grant referred to in subparagraph (A) may be made to an entity only if the entity agrees that— (i) the entity will establish a committee that is composed in accordance with paragraph (4); and (ii) the entity will not select an individual for membership on the Committee unless the individual agrees that the Committee will operate in accordance with each of the provisions of this subsection that relate to the operation of the Committee. (C) Agreement \nThe Secretary may make a grant referred to in subparagraph (A) only if the applicant for the grant makes an agreement that the grant will not be expended for any purpose other than carrying out subparagraph (B). Such a grant may be made only if an application for the grant is submitted to the Secretary containing such agreement, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Secretary determines to be necessary to carry out this paragraph.", "id": "HA8AA227737534FA400EE5876615BFF9", "header": "Establishment and duties of Foundation", "nested": [ { "text": "(a) In general \nThere shall be established in accordance with this section a nonprofit private corporation to be known as the National Foundation for the Prevention and Reduction of Childhood Obesity (referred to in this title as the Foundation ). The Foundation shall not be an agency or instrumentality of the Federal Government, and officers, employees, and members of the board of the Foundation shall not be officers or employees of the Federal Government.", "id": "HACAA774B5F2249489822DDE17C2D24B6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purpose of Foundation \nThe purpose of the Foundation shall be to support and carry out activities for the prevention and reduction of childhood obesity through school-based activities.", "id": "H48AEF53D38B54EAFB2D8959FD093C20", "header": "Purpose of Foundation", "nested": [], "links": [] }, { "text": "(c) Endowment fund \n(1) In general \nIn carrying out subsection (b), the Foundation shall establish a fund for providing endowments for positions that are associated with the Congressional Council on Childhood Obesity and the Department of Health and Human Services (referred to in this title as the Department ) and dedicated to the purpose described in such subsection. Subject to subsection (g)(1)(B), the fund shall consist of such donations as may be provided by non-Federal entities and such non-Federal assets of the Foundation (including earnings of the Foundation and the fund) as the Foundation may elect to transfer to the fund. (2) Authorized expenditures of fund \nThe provision of endowments under paragraph (1) shall be the exclusive function of the fund established under such paragraph. Such endowments may be expended only for the compensation of individuals holding the positions, for staff, equipment, quarters, travel, and other expenditures that are appropriate in supporting the positions, and for recruiting individuals to hold the positions endowed by the fund.", "id": "HB5AA4F05FF064C4BAF98BFFBAB46FFE8", "header": "Endowment fund", "nested": [], "links": [] }, { "text": "(d) Certain activities of Foundation \nIn carrying out subsection (b), the Foundation may provide for the following with respect to the purpose described in such subsection: (1) Evaluate and make known the effectiveness of model plans used by schools to reduce and prevent childhood obesity. (2) Create a website to assist in the distribution of successful plans, best practices, and other information to assist elementary schools, middle schools, and the public to develop and implement efforts to reduce and prevent childhood obesity. (3) Participate in meetings, conferences, courses, and training workshops. (4) Assist in the distribution of data concerning childhood obesity. (5) Make Challenge awards, pursuant to subsection (e), to elementary schools, middle schools, and local educational agencies for the successful development and implementation of school-based plans. (6) Other activities to carry out the purpose described in subsection (b).", "id": "H2EE2A7AE4BC647138DDBF1040797E902", "header": "Certain activities of Foundation", "nested": [], "links": [] }, { "text": "(e) Challenge awards \n(1) Program authorized \nThe Foundation may provide Challenge awards to elementary schools, middle schools, and local educational agencies that submit applications under paragraph (2). (2) Application \nEach elementary school, middle school, or local educational agency that desires to receive a Challenge award under this subsection shall submit an application that includes a plan to reduce and prevent childhood obesity to the Foundation at such time, in such manner, and accompanied by such additional information as the Foundation may reasonably require. (3) Selection criteria \nIn the program authorized under paragraph (1), the Foundation shall provide Challenge awards based on— (A) the success of the plans of the elementary schools, middle schools, and local educational agencies in meeting the plans’ stated goals; (B) the number of children in the community served by the elementary school, middle school, or local educational agency who are in need of assistance in addressing obesity; and (C) other criteria as determined by the Foundation.", "id": "HDE81524D87AC444FA41737C8FD4F0673", "header": "Challenge awards", "nested": [], "links": [] }, { "text": "(f) General structure of foundation; nonprofit status \n(1) Board of directors \nThe Foundation shall have a board of directors (referred to in this title as the Board ), which shall be established and conducted in accordance with subsection (g). The Board shall establish the general policies of the Foundation for carrying out subsection (b), including the establishment of the bylaws of the Foundation. (2) Executive Director \nThe Foundation shall have an executive director (referred to in this title as the Director ), who shall be appointed by the Board, who shall serve at the pleasure of the Board, and for whom the Board shall establish the rate of compensation. Subject to compliance with the policies and bylaws established by the Board pursuant to paragraph (1), the Director shall be responsible for the daily operations of the Foundation in carrying out subsection (b). (3) Nonprofit status \nIn carrying out subsection (b), the Board shall establish such policies and bylaws under paragraph (1), and the Director shall carry out such activities under paragraph (2), as may be necessary to ensure that the Foundation maintains status as an organization that— (A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and (B) is, under subsection (a) of such section, exempt from taxation.", "id": "H9547E6A3FB8840A0B1434B29B2B807A9", "header": "General structure of foundation; nonprofit status", "nested": [], "links": [ { "text": "section 501", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(g) Board of directors \n(1) Certain bylaws \n(A) Inclusions \nIn establishing bylaws under subsection (f)(1), the Board shall ensure that the bylaws of the Foundation include bylaws for the following: (i) Policies for the selection of the officers, employees, agents, and contractors of the Foundation. (ii) Policies, including ethical standards, for the acceptance and disposition of donations to the Foundation and for the disposition of the assets of the Foundation. (iii) Policies for the conduct of the general operations of the Foundation. (iv) Policies for writing, editing, printing, and publishing of books and other materials, and the acquisition of patents and licenses for devices and procedures developed by the Foundation. (B) Exclusions \nIn establishing bylaws under subsection (f)(1), the Board shall ensure that the bylaws of the Foundation (and activities carried out under the bylaws) do not— (i) reflect unfavorably upon the ability of the Foundation, or the Department, to carry out its responsibilities or official duties in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in such program. (2) Composition \n(A) In general \nSubject to subparagraph (B), the Board shall be composed of 7 individuals, appointed in accordance with paragraph (4), who collectively possess education or experience appropriate for representing the fields of children’s health, nutrition, and physical fitness or organizations active in reducing and preventing childhood obesity. Each such individual shall be a voting member of the Board. (B) Greater number \nThe Board may, through amendments to the bylaws of the Foundation, provide that the number of members of the Board shall be a greater number than the number specified in subparagraph (A). (3) Chairperson \nThe Board shall, from among the members of the Board, designate an individual to serve as the Chairperson of the Board (referred to in this subsection as the Chairperson ). (4) Appointments, vacancies, and terms \nSubject to subsection (k) (regarding the initial membership of the Board), the following shall apply to the Board: (A) Any vacancy in the membership of the Board shall be filled by appointment by the Board, after consideration of suggestions made by the Chairperson and the Director regarding the appointments. Any such vacancy shall be filled not later than the expiration of the 180-day period beginning on the date on which the vacancy occurs. (B) The term of office of each member of the Board appointed under subparagraph (A) shall be 5 years. A member of the Board may continue to serve after the expiration of the term of the member until the expiration of the 180-day period beginning on the date on which the term of the member expires. (C) A vacancy in the membership of the Board shall not affect the power of the Board to carry out the duties of the Board. If a member of the Board does not serve the full term applicable under subparagraph (B), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (5) Compensation \nMembers of the Board may not receive compensation for service on the Board. The members may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board.", "id": "HCE7B81912A9A43A990D5592410EC6C2C", "header": "Board of directors", "nested": [], "links": [] }, { "text": "(h) Certain responsibilities of executive Director \nIn carrying out subsection (f)(2), the Director shall carry out the following functions: (1) Hire, promote, compensate, and discharge officers and employees of the Foundation, and define the duties of the officers and employees. (2) Accept and administer donations to the Foundation, and administer the assets of the Foundation. (3) Establish a process for the selection of candidates for holding endowed positions under subsection (c). (4) Enter into such financial agreements as are appropriate in carrying out the activities of the Foundation. (5) Take such action as may be necessary to acquire patents and licenses for devices and procedures developed by the Foundation and the employees of the Foundation. (6) Adopt, alter, and use a corporate seal, which shall be judicially noticed. (7) Commence and respond to judicial proceedings in the name of the Foundation. (8) Other functions that are appropriate in the determination of the Director.", "id": "H1812817D4DA74820AF53B84C96DCFEE9", "header": "Certain responsibilities of executive Director", "nested": [], "links": [] }, { "text": "(i) General provisions \n(1) Authority for accepting funds \nThe Secretary of Health and Human Services (referred to in this title as the Secretary ) may accept and utilize, on behalf of the Federal Government, any gift, donation, bequest, or devise of real or personal property from the Foundation for the purpose of aiding or facilitating the work of the Department. Funds may be accepted and utilized by the Secretary under the preceding sentence without regard to whether the funds are designated as general-purpose funds or special-purpose funds. (2) Authority for acceptance of voluntary services \n(A) In general \nThe Secretary may accept, on behalf of the Federal Government, any voluntary services provided to the Department by the Foundation for the purpose of aiding or facilitating the work of the Department. In the case of an individual, the Secretary may accept the services provided under the preceding sentence by the individual for not more than 2 years. (B) Non-federal government employees \nThe limitation established in subparagraph (A) regarding the period of time in which services may be accepted applies to each individual who is not an employee of the Federal Government and who serves in association with the Department pursuant to financial support from the Foundation. (3) Administrative control \nNo officer, employee, or member of the Board may exercise any administrative or managerial control over any Federal employee. (4) Applicability of certain standards to non-federal employees \nIn the case of any individual who is not an employee of the Federal Government and who serves in association with the Department pursuant to financial support from the Foundation, the Foundation shall negotiate a memorandum of understanding with the individual and the Secretary specifying that the individual— (A) shall be subject to the ethical and procedural standards regulating Federal employment, scientific investigation, and research findings (including publications and patents) that are required of individuals employed by the Department, including standards under this Act, the Ethics in Government Act of 1978 (5 U.S.C. App.), and the Federal Technology Transfer Act of 1986 ( Public Law 99–502 ; 100 Stat. 1785); and (B) shall be subject to such ethical and procedural standards under chapter 11 of title 18, United States Code (relating to conflicts of interest), as the Secretary determines is appropriate, except such memorandum may not provide that the individual shall be subject to the standards of section 209 of such chapter. (5) Financial conflicts of interest \nAny individual who is an officer, employee, or member of the Board may not directly or indirectly participate in the consideration or determination by the Foundation of any question affecting— (A) any direct or indirect financial interest of the individual; or (B) any direct or indirect financial interest of any business organization or other entity of which the individual is an officer or employee or in which the individual has a direct or indirect financial interest. (6) Audits; availability of records \nThe Foundation shall— (A) provide for biennial audits of the financial condition of the Foundation; and (B) make such audits, and all other records, documents, and other papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (7) Reports \n(A) In general \nNot later than February 1 of each fiscal year, the Foundation shall publish a report describing the activities of the Foundation during the preceding fiscal year. Each such report shall include for the fiscal year involved a comprehensive statement of the operations, activities, financial condition, and accomplishments of the Foundation. (B) Inclusions \nWith respect to the financial condition of the Foundation, each report under subparagraph (A) shall include the source, and a description, of all gifts to the Foundation of real or personal property, and the source and amount of all gifts to the Foundation of money. Each such report shall include a specification of any restrictions on the purposes for which gifts to the Foundation may be used. (C) Public inspection \nThe Foundation shall make copies of each report submitted under subparagraph (A) available for public inspection, and shall upon request provide a copy of the report to any individual for a charge not exceeding the cost of providing the copy. (8) Liaisons \nThe Secretary shall appoint liaisons to the Foundation from relevant Federal agencies, including the Office of the Surgeon General and the Centers for Disease Control and Prevention. The Secretary of Agriculture shall designate liaisons to the Foundation as appropriate. (9) Inclusion of the President’s Council \nThe Foundation shall ensure that the President’s Council on Physical Fitness is included in the activities of the Foundation.", "id": "H98A52E3223E240BC9E9D00B1AB9E4EB9", "header": "General provisions", "nested": [], "links": [ { "text": "Public Law 99–502", "legal-doc": "public-law", "parsable-cite": "pl/99/502" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "(j) Federal funding \n(1) Authority for annual grants \n(A) In general \nThe Secretary shall— (i) for fiscal year 2005, make a grant to an entity described in subsection (k)(9) (relating to the establishment of a committee to establish the Foundation); (ii) for fiscal years 2006 and 2007, make a grant to the committee established under such subsection, or if the Foundation has been established, to the Foundation; and (iii) for fiscal year 2008 and each subsequent fiscal year, make a grant to the Foundation. (B) Rules on expenditures \nA grant under subparagraph (A) may be expended— (i) in the case of an entity receiving the grant under subparagraph (A)(i), only for the purpose of carrying out the duties established in subsection (k)(9) for the entity; (ii) in the case of the committee established under subsection (k)(9), only for the purpose of carrying out the duties established in subsection (k) for the committee; and (iii) in the case of the Foundation, only for the purpose of the administrative expenses of the Foundation. (C) Restriction \nA grant under subparagraph (A) may not be expended to provide amounts for the fund established under subsection (c). (D) Unobligated grant funds \nFor the purposes described in subparagraph (B)— (i) any portion of the grant made under subparagraph (A)(i) for fiscal year 2005 that remains unobligated after the entity receiving the grant completes the duties established in subsection (k)(9) for the entity shall be available to the committee established under such subsection; and (ii) any portion of a grant under subparagraph (A) made for fiscal year 2005 or 2006 that remains unobligated after such committee completes the duties established in such subsection for the committee shall be available to the Foundation. (2) Funding for grants \n(A) In general \nFor the purpose of grants under paragraph (1), there is authorized to be appropriated $2,200,000 for each fiscal year. (B) Programs of the Department \nFor the purpose of grants under paragraph (1), the Secretary may for each fiscal year make available not more than $2,200,000 from the amounts appropriated for the fiscal year for the programs of the Department. Such amounts may be made available without regard to whether amounts have been appropriated under subparagraph (A). (3) Certain restriction \nIf the Foundation receives Federal funds for the purpose of serving as a fiscal intermediary between Federal agencies, the Foundation may not receive such funds for the indirect costs of carrying out such purpose in an amount exceeding 10 percent of the direct costs of carrying out such purpose. The preceding sentence may not be construed as authorizing the expenditure of any grant under paragraph (1) for such purpose.", "id": "H8A93213902074F61B93EC88512C75975", "header": "Federal funding", "nested": [], "links": [] }, { "text": "(k) Committee for establishment of Foundation \n(1) In general \nThere shall be established, in accordance with this subsection and subsection (j)(1), a committee to carry out the functions described in paragraph (2) (referred to in this subsection as the Committee ). (2) Functions \nThe functions referred to in paragraph (1) for the Committee are as follows: (A) To carry out such activities as may be necessary to incorporate the Foundation under the laws of the State involved, including serving as incorporators for the Foundation. Such activities shall include ensuring that the articles of incorporation for the Foundation require that the Foundation be established and operated in accordance with the applicable provisions of this title (or any successor to this title), including such provisions as may be in effect pursuant to amendments enacted after the date of enactment of this Act. (B) To ensure that the Foundation qualifies for and maintains the status described in subsection (f)(3) (regarding taxation). (C) To establish the general policies and initial bylaws of the Foundation, which bylaws shall include the bylaws described in subsections (f)(3) and (g)(1). (D) To provide for the initial operation of the Foundation, including providing for quarters, equipment, and staff. (E) To appoint the initial members of the Board in accordance with the requirements established in subsection (g)(2)(A) for the composition of the Board, and in accordance with such other qualifications as the Committee may determine to be appropriate regarding such composition. Of the members so appointed— (i) 2 shall be appointed to serve for a term of 3 years; (ii) 2 shall be appointed to serve for a term of 4 years; and (iii) 3 shall be appointed to serve for a term of 5 years. (3) Completion of functions of committee; initial meeting of Board \n(A) Completion of functions \nThe Committee shall complete the functions required in paragraph (1) not later than September 30, 2007. The Committee shall terminate upon the expiration of the 30-day period beginning on the date on which the Secretary determines that the functions have been completed. (B) Initial meeting \nThe initial meeting of the Board shall be held not later than November 1, 2007. (4) Composition \nThe Committee shall be composed of 5 members, each of whom shall be a voting member. Of the members of the Committee— (A) no fewer than 2 of the members shall have expertise in children’s health, nutrition, and physical activity; and (B) no fewer than 2 of the members shall have broad, general experience in nonprofit private organizations (without regard to whether the individuals have experience in children’s health, nutrition, and physical activity). (5) Chairperson \nThe Committee shall, from among the members of the Committee, designate an individual to serve as the Chairperson of the Committee. (6) Terms; vacancies \nThe term of members of the Committee shall be for the duration of the Committee. A vacancy in the membership of the Committee shall not affect the power of the Committee to carry out the duties of the Committee. If a member of the Committee does not serve the full term, the individual appointed by the Secretary to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (7) Compensation \nMembers of the Committee may not receive compensation for service on the Committee. Members of the Committee may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Committee. (8) Committee support \nThe Secretary may, from amounts available to the Secretary for the general administration of the Department, provide staff and financial support to assist the Committee with carrying out the functions described in paragraph (2). In providing such staff and support, the Director may both detail employees and contract for assistance. (9) Grant for establishment of Committee \n(A) In general \nWith respect to a grant under paragraph (1)(A)(i) of subsection (j) for fiscal year 2005, an entity described in this paragraph is a private nonprofit entity with significant experience in children’s health, nutrition, and physical activity. Not later than 180 days after the date of enactment of this Act, the Secretary shall make the grant to such an entity (subject to the availability of funds under paragraph (2) of such subsection). (B) Conditions \nThe grant referred to in subparagraph (A) may be made to an entity only if the entity agrees that— (i) the entity will establish a committee that is composed in accordance with paragraph (4); and (ii) the entity will not select an individual for membership on the Committee unless the individual agrees that the Committee will operate in accordance with each of the provisions of this subsection that relate to the operation of the Committee. (C) Agreement \nThe Secretary may make a grant referred to in subparagraph (A) only if the applicant for the grant makes an agreement that the grant will not be expended for any purpose other than carrying out subparagraph (B). Such a grant may be made only if an application for the grant is submitted to the Secretary containing such agreement, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Secretary determines to be necessary to carry out this paragraph.", "id": "H379D7D0C4D3E4D50ACDC25017B56A571", "header": "Committee for establishment of Foundation", "nested": [], "links": [] } ], "links": [ { "text": "section 501", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "Public Law 99–502", "legal-doc": "public-law", "parsable-cite": "pl/99/502" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] } ]

[ "Agriculture and Food", "Awards, medals, prizes", "Child health", "Child nutrition", "Commemorations", "Communication in medicine", "Community and school", "Congress", "Congressional agencies", "Congressional reorganization", "Congressional tributes", "Department of Health and Human Services", "Economics and Public Finance", "Education", "Electronic government information", "Elementary and secondary education", "Elementary education", "Exercise", "Federal aid to education", "Foundations", "Gifts", "Government Operations and Politics", "Government paperwork", "Government publicity", "Health", "Health education", "Health planning", "Internet", "Nonprofit organizations", "Obesity", "Physical education and training", "Preventive medicine", "School health programs", "Science, Technology, Communications", "Secondary education", "Social Welfare", "Sports and Recreation", "Volunteer workers", "Web sites" ]

[ { "text": "1. Findings \nThe Congress finds the following: (1) In issuing remote control railroad operation guidelines in 2001, the Federal Railroad Administration noted that its first priority... is to ensure that these operations pose no threat to railroad workers or the general public. (2) The Nation’s freight rail system is relatively open to outside access when compared to the aviation system. Security is provided almost solely by private railroad carriers, and terrorists could easily gain access to a remote control locomotive or an operator control unit and then operate a remote control transmitter controlling a remote control locomotive. (3) Remote control locomotives carrying hazardous materials in urban areas could be sabotaged or remote control locomotives could be used to cause intentional accidents with other trains, causing loss of life, release of hazardous materials, and the disruption of interstate and international commerce. (4) Therefore, the risk of terrorists hijacking remote control locomotive operations is far too great in situations where remote control locomotives are carrying hazardous materials.", "id": "HA59F560E1DEE4D97B2E94D7F3CF3B2C8", "header": "Findings", "nested": [], "links": [] }, { "text": "2. Remote control locomotive use \n(a) Prohibition \nNo railroad carrier shall operate or cause to be operated on the general system of railroad transportation a remote control locomotive to carry hazardous materials. (b) Penalty \n(1) A railroad carrier that knowingly violates this section or a rule issued under this section is liable to the United States Government for a civil penalty of at least $5,000 but not more than $50,000 for each violation. A railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation continues.", "id": "HD254FB18806048ABBFFB55BEB6E54E48", "header": "Remote control locomotive use", "nested": [ { "text": "(a) Prohibition \nNo railroad carrier shall operate or cause to be operated on the general system of railroad transportation a remote control locomotive to carry hazardous materials.", "id": "H75EB2D0686C3473E903402E82C07BD65", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Penalty \n(1) A railroad carrier that knowingly violates this section or a rule issued under this section is liable to the United States Government for a civil penalty of at least $5,000 but not more than $50,000 for each violation. A railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation continues.", "id": "H5C2F10FDCD604E93B89DD432701F97BA", "header": "Penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Remote control transmitter security \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that— (1) railroad carriers inventory and maintain a continuous accounting of remote control transmitters; (2) such transmitters be assigned only to personnel with proper identification and authorization to use such devices; and (3) such transmitters be kept in a secure location (under lock and key) when not in use. (b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "H00C510960FDB475D923BF8F395B143D8", "header": "Remote control transmitter security", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that— (1) railroad carriers inventory and maintain a continuous accounting of remote control transmitters; (2) such transmitters be assigned only to personnel with proper identification and authorization to use such devices; and (3) such transmitters be kept in a secure location (under lock and key) when not in use.", "id": "HF72C3D53FD9F4EE1B47C5B4BB71BF482", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "H87C92444211B4A8D86D83396C3009C16", "header": "Penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Remote control locomotive security \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. (b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "HB64D225F3FCC4FD5ACDF3D419E9FE314", "header": "Remote control locomotive security", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present.", "id": "H4BAB3734B42C4D76BE65EF468CA0B457", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Penalty \nA railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence.", "id": "H3DAAABE1327C42DC8CF8B092D8FA0000", "header": "Penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Civil penalties \n(a) Hearing requirement \nThe Secretary of Transportation may find that a railroad carrier has violated this Act only after notice and an opportunity for a hearing. The Secretary shall impose a civil penalty under this Act by giving the railroad carrier written notice of the amount of the penalty. (b) Penalty consideration \nIn determining the amount of a civil penalty under this Act, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (c) Civil actions to collect \nThe Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this Act.", "id": "H70F7728DD562436BA1B4BF86C4B376B3", "header": "Civil penalties", "nested": [ { "text": "(a) Hearing requirement \nThe Secretary of Transportation may find that a railroad carrier has violated this Act only after notice and an opportunity for a hearing. The Secretary shall impose a civil penalty under this Act by giving the railroad carrier written notice of the amount of the penalty.", "id": "HCC370FA2BDD24175007C4F2536873D18", "header": "Hearing requirement", "nested": [], "links": [] }, { "text": "(b) Penalty consideration \nIn determining the amount of a civil penalty under this Act, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires.", "id": "HFC6B715B74884B8B00003DA517F1A859", "header": "Penalty consideration", "nested": [], "links": [] }, { "text": "(c) Civil actions to collect \nThe Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this Act.", "id": "H3DF800AA555643109877DB975BE9791B", "header": "Civil actions to collect", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Criminal penalty \n(a) In general \nA railroad carrier knowingly violating this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. (b) Knowing violations \nFor purposes of this section— (1) a railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement issued by the Secretary of Transportation, is not an element of an offense under this Act.", "id": "H874DFD4957D341C6BC5665215D165887", "header": "Criminal penalty", "nested": [ { "text": "(a) In general \nA railroad carrier knowingly violating this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.", "id": "HD41D0FF1795A48FF8837EC4DAA601E21", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Knowing violations \nFor purposes of this section— (1) a railroad carrier acts knowingly when— (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement issued by the Secretary of Transportation, is not an element of an offense under this Act.", "id": "H28872B8DA7C24C14AECC9EAC9435278", "header": "Knowing violations", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Definitions \nFor purposes of this Act— (1) the term hazardous material has the meaning given that term in section 5102(2) of title 49, United States Code; (2) the term railroad carrier has the meaning given that term in section 20102 of title 49, United States Code; (3) the term remote control locomotive means a locomotive which, through use of a radio transmitter and receiver system, can be operated by a person not physically located at the controls within the confines of the locomotive cab, but does not include a locomotive that is remotely controlled from the lead locomotive of the same train; and (4) the term remote control transmitter means the transmitter component of a remote control locomotive system.", "id": "H8A70F1E98B0D4EFFBBF3FCB22531B00", "header": "Definitions", "nested": [], "links": [ { "text": "section 5102(2)", "legal-doc": "usc", "parsable-cite": "usc/49/5102" }, { "text": "section 20102", "legal-doc": "usc", "parsable-cite": "usc/49/20102" } ] } ]

[ "Administrative procedure", "Administrative remedies", "Crime and Law Enforcement", "Department of Transportation", "Electronics in navigation", "Engines", "Environmental Protection", "Fines (Penalties)", "Government Operations and Politics", "Government paperwork", "Identification devices", "Labor and Employment", "Law", "Railroad employees", "Railroad freight operations", "Railroad safety", "Railroads", "Science, Technology, Communications", "Security measures", "Terrorism", "Transportation of hazardous substances" ]

[ { "text": "1. Short title \nThis Act may be cited as the Angel Island Immigration Station Restoration and Preservation Act.", "id": "H3E6682931D1B49E79B4000E8A5ABC53D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress makes the following findings: (1) The Angel Island Immigration Station, also known as the Ellis Island of the West, is a National Historic Landmark. (2) Between 1910 and 1940, the Angel Island Immigration Station processed more than 1,000,000 immigrants and emigrants from around the world. (3) The Angel Island Immigration Station contributes greatly to our understanding of our Nation’s rich and complex immigration history. (4) The Angel Island Immigration Station was built to enforce the Chinese Exclusion Act of 1882 and subsequent immigration laws, which unfairly and severely restricted Asian immigration. (5) During their detention at the Angel Island Immigration Station, Chinese detainees carved poems into the walls of the detention barracks. More than 140 poems remain today, representing the unique voices of immigrants awaiting entry to this country. (6) More than 50,000 people, including 30,000 schoolchildren, visit the Angel Island Immigration Station annually to learn more about the experience of immigrants who have traveled to our shores. (7) The restoration of the Angel Island Immigration Station and the preservation of the writings and drawings at the Angel Island Immigration Station will ensure that future generations also have the benefit of experiencing and appreciating this great symbol of the perseverance of the immigrant spirit, and of the diversity of this great Nation.", "id": "H871ACB1A2F2044CB80E6A442ECF5372", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Restoration \n(a) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of the Interior $15,000,000 for restoring the Angel Island Immigration Station in the San Francisco Bay, in coordination with the Angel Island Immigration Station Foundation and the California Department of Parks and Recreation. (b) Priority \n(1) Except as provided in paragraph (2), the funds appropriated pursuant to this Act shall be used for the restoration of the Immigration Station Hospital on Angel Island. (2) Any remaining funds in excess of the amount required to carry out paragraph (1) shall be used solely for the restoration of the Angel Island Immigration Station.", "id": "H348FBE4BD526457599080937EAE0F490", "header": "Restoration", "nested": [ { "text": "(a) Authorization of Appropriations \nThere are authorized to be appropriated to the Secretary of the Interior $15,000,000 for restoring the Angel Island Immigration Station in the San Francisco Bay, in coordination with the Angel Island Immigration Station Foundation and the California Department of Parks and Recreation.", "id": "HB81450F69B604ED6B1166F24B1C83071", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "(b) Priority \n(1) Except as provided in paragraph (2), the funds appropriated pursuant to this Act shall be used for the restoration of the Immigration Station Hospital on Angel Island. (2) Any remaining funds in excess of the amount required to carry out paragraph (1) shall be used solely for the restoration of the Angel Island Immigration Station.", "id": "H445EE03D46BC4FDE84FED5FAB7C0F31D", "header": "Priority", "nested": [], "links": [] } ], "links": [] } ]

[ "California", "Commemorations", "Federal installations", "Health", "Historic sites", "History", "Hospitals", "Immigration", "Islands", "Marine and coastal resources, fisheries" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HAEBB3EAB7C3E479CA6D971602DF366A8", "header": "Short title", "nested": [], "links": [] }, { "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 section: 503B. Internet sales of prescription drugs \n(a) Requirements regarding information on Internet site \n(1) In general \nA person may not dispense a prescription drug pursuant to a sale of the drug by such person if— (A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and (B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(5) ). (2) Requirements \nWith respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: (A) Each page of the site shall include either the following information or a link to a page that provides the following information: (i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. (ii) Each State in which the person is authorized by law to dispense prescription drugs. (iii) The name of each individual who serves as a pharmacist for purposes of the site, and each State in which the individual is authorized by law to dispense prescription drugs. (iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. (B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words licensing and contact information. (b) Internet sales without appropriate medical relationships \n(1) In general \nA person may not dispense a prescription drug, or sell such a drug, if— (A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; (B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; (C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; (D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and (E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other other valuable consideration is received. (2) Qualifying medical relationship \n(A) In general \nWith respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least one in-person medical evaluation of the patient has been conducted by the practitioner. (B) In-person medical evaluation \nA medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. (3) Rules of construction \n(A) Individuals represented as practitioners \nA person who is not a practitioner (as defined in subsection (d)(2)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. (B) Applicability of requirements \nParagraph (1) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. (C) Standard practice of pharmacy \nParagraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. (c) Actions by States \n(1) In general \nWhenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. (2) Notice \nThe State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right— (A) to intervene in such action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (4) Venue; service of process \nAny civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (5) Actions by other State officials \n(A) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (B) In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. (d) Definitions \n(1) Internet-related definitions \nFor purposes of this section: (A) 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. (B) 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— (i) to move from viewing one portion of a page on such site to another portion of the page; (ii) to move from viewing one page on such site to another page on such site; or (iii) to move from viewing a page on one Internet site to a page on another Internet site. (C) The term page , with respect to the Internet, means a document or other file accessed at an Internet site. (D) (i) The terms site and address , with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers. Such term includes the domain name, if any. (ii) The term domain name means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use designations such as.com ,.edu ,.gov ,.net , or.org. (iii) The term Internet Protocol numbers includes any successor protocol for determining a specific location on the Internet. (2) Other definitions \nFor purposes of this section: (A) The term practitioner means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. (B) The term prescription drug means a drug that is subject to section 503(b)(1). (C) The term qualifying medical relationship , with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b). (e) Interactive computer service; advertising \nNo provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person.. (b) Inclusion as prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by inserting after paragraph (k) the following: (l) The dispensing or selling of a prescription drug in violation of section 503B.. (c) Internet sales of prescription drugs; consideration by Secretary of practices and procedures for certification of legitimate businesses \nIn carrying out section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this section), the Secretary of Health and Human Services shall take into consideration the practices and procedures of public or private entities that certify that businesses selling prescription drugs through Internet sites are legitimate businesses, including practices and procedures regarding disclosure formats and verification programs. (d) Effective date \nThe amendments made by subsections (a) and (b) take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act. The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule.", "id": "H391BDAC54C3B49CCBA6451C2EBA5ACB5", "header": "Internet sales of prescription drugs", "nested": [ { "text": "(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 section: 503B. Internet sales of prescription drugs \n(a) Requirements regarding information on Internet site \n(1) In general \nA person may not dispense a prescription drug pursuant to a sale of the drug by such person if— (A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and (B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(5) ). (2) Requirements \nWith respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: (A) Each page of the site shall include either the following information or a link to a page that provides the following information: (i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. (ii) Each State in which the person is authorized by law to dispense prescription drugs. (iii) The name of each individual who serves as a pharmacist for purposes of the site, and each State in which the individual is authorized by law to dispense prescription drugs. (iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. (B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words licensing and contact information. (b) Internet sales without appropriate medical relationships \n(1) In general \nA person may not dispense a prescription drug, or sell such a drug, if— (A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; (B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; (C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; (D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and (E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other other valuable consideration is received. (2) Qualifying medical relationship \n(A) In general \nWith respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least one in-person medical evaluation of the patient has been conducted by the practitioner. (B) In-person medical evaluation \nA medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. (3) Rules of construction \n(A) Individuals represented as practitioners \nA person who is not a practitioner (as defined in subsection (d)(2)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. (B) Applicability of requirements \nParagraph (1) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. (C) Standard practice of pharmacy \nParagraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. (c) Actions by States \n(1) In general \nWhenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. (2) Notice \nThe State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right— (A) to intervene in such action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (4) Venue; service of process \nAny civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (5) Actions by other State officials \n(A) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (B) In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. (d) Definitions \n(1) Internet-related definitions \nFor purposes of this section: (A) 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. (B) 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— (i) to move from viewing one portion of a page on such site to another portion of the page; (ii) to move from viewing one page on such site to another page on such site; or (iii) to move from viewing a page on one Internet site to a page on another Internet site. (C) The term page , with respect to the Internet, means a document or other file accessed at an Internet site. (D) (i) The terms site and address , with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers. Such term includes the domain name, if any. (ii) The term domain name means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use designations such as.com ,.edu ,.gov ,.net , or.org. (iii) The term Internet Protocol numbers includes any successor protocol for determining a specific location on the Internet. (2) Other definitions \nFor purposes of this section: (A) The term practitioner means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. (B) The term prescription drug means a drug that is subject to section 503(b)(1). (C) The term qualifying medical relationship , with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b). (e) Interactive computer service; advertising \nNo provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person..", "id": "H406991605A564E19B5D9B1E31F699B9", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" }, { "text": "47 U.S.C. 231(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/47/231" }, { "text": "section 1391", "legal-doc": "usc", "parsable-cite": "usc/28/1391" }, { "text": "47 U.S.C. 230(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Inclusion as prohibited Act \nSection 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by inserting after paragraph (k) the following: (l) The dispensing or selling of a prescription drug in violation of section 503B..", "id": "H2BCA6621EA4E43EF90FC6D1661002026", "header": "Inclusion as prohibited Act", "nested": [], "links": [ { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" } ] }, { "text": "(c) Internet sales of prescription drugs; consideration by Secretary of practices and procedures for certification of legitimate businesses \nIn carrying out section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this section), the Secretary of Health and Human Services shall take into consideration the practices and procedures of public or private entities that certify that businesses selling prescription drugs through Internet sites are legitimate businesses, including practices and procedures regarding disclosure formats and verification programs.", "id": "HBDDA9A2EFA7B4172AC73EA66563DBE67", "header": "Internet sales of prescription drugs; consideration by Secretary of practices and procedures for certification of legitimate businesses", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by subsections (a) and (b) take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act. The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule.", "id": "H6F91CFC21E3048C3B6BCD5EA14259F10", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/351" }, { "text": "47 U.S.C. 231(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/47/231" }, { "text": "section 1391", "legal-doc": "usc", "parsable-cite": "usc/28/1391" }, { "text": "47 U.S.C. 230(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "21 U.S.C. 331", "legal-doc": "usc", "parsable-cite": "usc/21/331" } ] }, { "text": "503B. Internet sales of prescription drugs \n(a) Requirements regarding information on Internet site \n(1) In general \nA person may not dispense a prescription drug pursuant to a sale of the drug by such person if— (A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and (B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(5) ). (2) Requirements \nWith respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: (A) Each page of the site shall include either the following information or a link to a page that provides the following information: (i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. (ii) Each State in which the person is authorized by law to dispense prescription drugs. (iii) The name of each individual who serves as a pharmacist for purposes of the site, and each State in which the individual is authorized by law to dispense prescription drugs. (iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. (B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words licensing and contact information. (b) Internet sales without appropriate medical relationships \n(1) In general \nA person may not dispense a prescription drug, or sell such a drug, if— (A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; (B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; (C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; (D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and (E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other other valuable consideration is received. (2) Qualifying medical relationship \n(A) In general \nWith respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least one in-person medical evaluation of the patient has been conducted by the practitioner. (B) In-person medical evaluation \nA medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. (3) Rules of construction \n(A) Individuals represented as practitioners \nA person who is not a practitioner (as defined in subsection (d)(2)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. (B) Applicability of requirements \nParagraph (1) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. (C) Standard practice of pharmacy \nParagraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. (c) Actions by States \n(1) In general \nWhenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. (2) Notice \nThe State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right— (A) to intervene in such action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (4) Venue; service of process \nAny civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (5) Actions by other State officials \n(A) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (B) In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. (d) Definitions \n(1) Internet-related definitions \nFor purposes of this section: (A) 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. (B) 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— (i) to move from viewing one portion of a page on such site to another portion of the page; (ii) to move from viewing one page on such site to another page on such site; or (iii) to move from viewing a page on one Internet site to a page on another Internet site. (C) The term page , with respect to the Internet, means a document or other file accessed at an Internet site. (D) (i) The terms site and address , with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers. Such term includes the domain name, if any. (ii) The term domain name means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use designations such as.com ,.edu ,.gov ,.net , or.org. (iii) The term Internet Protocol numbers includes any successor protocol for determining a specific location on the Internet. (2) Other definitions \nFor purposes of this section: (A) The term practitioner means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. (B) The term prescription drug means a drug that is subject to section 503(b)(1). (C) The term qualifying medical relationship , with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b). (e) Interactive computer service; advertising \nNo provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person.", "id": "HAA8F3E6FB51243BC82E08E1FE69BEF07", "header": "Internet sales of prescription drugs", "nested": [ { "text": "(a) Requirements regarding information on Internet site \n(1) In general \nA person may not dispense a prescription drug pursuant to a sale of the drug by such person if— (A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and (B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(5) ). (2) Requirements \nWith respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: (A) Each page of the site shall include either the following information or a link to a page that provides the following information: (i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. (ii) Each State in which the person is authorized by law to dispense prescription drugs. (iii) The name of each individual who serves as a pharmacist for purposes of the site, and each State in which the individual is authorized by law to dispense prescription drugs. (iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. (B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words licensing and contact information.", "id": "H91DD659704284F26BD7398B90016C7F6", "header": "Requirements regarding information on Internet site", "nested": [], "links": [ { "text": "47 U.S.C. 231(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/47/231" } ] }, { "text": "(b) Internet sales without appropriate medical relationships \n(1) In general \nA person may not dispense a prescription drug, or sell such a drug, if— (A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; (B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; (C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; (D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and (E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other other valuable consideration is received. (2) Qualifying medical relationship \n(A) In general \nWith respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least one in-person medical evaluation of the patient has been conducted by the practitioner. (B) In-person medical evaluation \nA medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. (3) Rules of construction \n(A) Individuals represented as practitioners \nA person who is not a practitioner (as defined in subsection (d)(2)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. (B) Applicability of requirements \nParagraph (1) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. (C) Standard practice of pharmacy \nParagraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy.", "id": "H1B99265E914741A390259760E3B5EEEA", "header": "Internet sales without appropriate medical relationships", "nested": [], "links": [] }, { "text": "(c) Actions by States \n(1) In general \nWhenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. (2) Notice \nThe State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right— (A) to intervene in such action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (3) Construction \nFor purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (4) Venue; service of process \nAny civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (5) Actions by other State officials \n(A) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (B) In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents.", "id": "HED21B03CA4734AB990BC77B4F269DA3F", "header": "Actions by States", "nested": [], "links": [ { "text": "section 1391", "legal-doc": "usc", "parsable-cite": "usc/28/1391" } ] }, { "text": "(d) Definitions \n(1) Internet-related definitions \nFor purposes of this section: (A) 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. (B) 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— (i) to move from viewing one portion of a page on such site to another portion of the page; (ii) to move from viewing one page on such site to another page on such site; or (iii) to move from viewing a page on one Internet site to a page on another Internet site. (C) The term page , with respect to the Internet, means a document or other file accessed at an Internet site. (D) (i) The terms site and address , with respect to the Internet, mean a specific location on the Internet that is determined by Internet Protocol numbers. Such term includes the domain name, if any. (ii) The term domain name means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use designations such as.com ,.edu ,.gov ,.net , or.org. (iii) The term Internet Protocol numbers includes any successor protocol for determining a specific location on the Internet. (2) Other definitions \nFor purposes of this section: (A) The term practitioner means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. (B) The term prescription drug means a drug that is subject to section 503(b)(1). (C) The term qualifying medical relationship , with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b).", "id": "H970DD24E346A49AB8ECFB5E2D4DEE6F9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Interactive computer service; advertising \nNo provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(2) ), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person’s selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person.", "id": "H11F6D2D82E754AD4B8E99F4BD6B34EA", "header": "Interactive computer service; advertising", "nested": [], "links": [ { "text": "47 U.S.C. 230(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] } ], "links": [ { "text": "47 U.S.C. 231(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/47/231" }, { "text": "section 1391", "legal-doc": "usc", "parsable-cite": "usc/28/1391" }, { "text": "47 U.S.C. 230(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "3. Reports regarding internet-related violations of State and Federal laws on dispensing of drugs \n(a) In general \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, pursuant to the submission of an application meeting the criteria of the Secretary, make an award of a grant or contract to the National Clearinghouse on Internet Prescribing (operated by the Federation of State Medical Boards) for the purpose of— (1) identifying Internet sites that appear to be in violation of State or Federal laws concerning the dispensing of drugs; (2) reporting such sites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1). (b) Authorization of appropriations \nFor the purpose of carrying out subsection (a), there is authorized to be appropriated $100,000 for each of the fiscal years 2004 through 2006.", "id": "H357A189D247B4DD5B9B2C7ABE6A17513", "header": "Reports regarding internet-related violations of State and Federal laws on dispensing of drugs", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, pursuant to the submission of an application meeting the criteria of the Secretary, make an award of a grant or contract to the National Clearinghouse on Internet Prescribing (operated by the Federation of State Medical Boards) for the purpose of— (1) identifying Internet sites that appear to be in violation of State or Federal laws concerning the dispensing of drugs; (2) reporting such sites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1).", "id": "H8173367CBEC6437D90FF9125959F487", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nFor the purpose of carrying out subsection (a), there is authorized to be appropriated $100,000 for each of the fiscal years 2004 through 2006.", "id": "H122F7E3434C54D76B68800F9F2008C03", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Accreditation (Medical care)", "Advertising", "Civil actions and liability", "Commerce", "Consumer education", "Consumer protection", "Damages", "Drug industry", "Drugs", "Economics and Public Finance", "Electronic commerce", "Government Operations and Politics", "Government paperwork", "Grants-in-aid", "Health counseling", "Injunctions", "Interactive media", "Internet", "Interstate commerce", "Law", "Liability (Law)", "Licenses", "Parties to actions", "Pharmacies", "Pharmacists", "Science, Technology, Communications", "State laws", "Telephone", "Web sites" ]

[ { "text": "1. Amendment to section 337 of Tariff Act of 1930 \nSection 337(a)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1337(a)(1) ) is amended— (1) in subparagraph (A), by striking and (E) and inserting (E), and (F) ; and (2) by adding at the end the following: (F) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that are labeled or advertised as meeting a United States Government standard for performance or safety, or an industry standard for performance or safety, but do not in fact meet that standard..", "id": "H78E204CE0A3940ABA418DBFD00FDFCCB", "header": "Amendment to section 337 of Tariff Act of 1930", "nested": [], "links": [ { "text": "19 U.S.C. 1337(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/1337" } ] } ]

[ "Commerce", "Deceptive advertising", "Fraud", "Import restrictions", "Imports", "Industrial standards", "Labeling", "Law", "Product safety", "Standards" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H09C7B0502A2642C7ACE380DB75164CCB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Organ procurement organization certification \nSection 371 of the Public Health Service Act ( 42 U.S.C. 273 ) is amended by adding at the end the following: (c) Pancreata procured by an organ procurement organization and used for islet cell transplantation or research shall be counted for purposes of certification or recertification under subsection (b)..", "id": "H1BFCEBC264D24519003139AA6DF8438C", "header": "Organ procurement organization certification", "nested": [], "links": [ { "text": "42 U.S.C. 273", "legal-doc": "usc", "parsable-cite": "usc/42/273" } ] }, { "text": "3. Annual assessment on pancreatic islet cell transplantation \nSection 429 of the Public Health Service Act ( 42 U.S.C. 285c–3 ) is amended by adding at the end the following: (d) In each annual report prepared by the Diabetes Mellitus Interagency Coordinating Committee pursuant to subsection (c), the Committee shall include an assessment of the Federal activities and programs related to pancreatic islet cell transplantation. Such assessment shall, at a minimum, address the following: (1) The adequacy of Federal funding for taking advantage of scientific opportunities relating to pancreatic islet cell transplantation. (2) Current policies and regulations affecting the supply of pancreata for islet cell transplantation. (3) The effect of xenotransplantation on advancing pancreatic islet cell transplantation. (4) The effect of United Network for Organ Sharing policies regarding pancreas retrieval and islet cell transplantation. (5) The existing mechanisms to collect and coordinate outcomes data from existing islet cell transplantation trials. (6) Implementation of multiagency clinical investigations of pancreatic islet cell transplantation. (7) Recommendations for such legislation and administrative actions as the Committee considers appropriate to increase the supply of pancreata available for islet cell transplantation..", "id": "H956F7449B62A4578ADC31EE7BA1E59C7", "header": "Annual assessment on pancreatic islet cell transplantation", "nested": [], "links": [ { "text": "42 U.S.C. 285c–3", "legal-doc": "usc", "parsable-cite": "usc/42/285c-3" } ] } ]

[ "Accreditation (Medical care)", "Administrative procedure", "Clinical trials", "Communication in medicine", "Communication in science", "Congress", "Diabetes", "Economics and Public Finance", "Federal aid to health facilities", "Federal aid to research", "Government Operations and Politics", "Government paperwork", "Government regulation", "Health information systems", "Insulin", "Law", "Legislation", "Medical records", "Medical research", "Research grants", "Science, Technology, Communications", "Transplantation of organs, tissues, etc." ]

[ { "text": "101. Authorization of Appropriations \nSection 30104 of title 49, United States Code, is amended to read as follows: 30104. Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007..", "id": "HA6B48AABBE7C4E8FB07E573459CF5A5", "header": "Authorization of Appropriations", "nested": [], "links": [ { "text": "Section 30104", "legal-doc": "usc", "parsable-cite": "usc/49/30104" } ] }, { "text": "30104. Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007.", "id": "H42970B2060664613867663B6E350CDA0", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "102. International Cooperation \n(a) In general \nSubchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30106. International Cooperation \nThe Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.. (b) Clerical amendment \nThe table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: 30106. International cooperation.", "id": "H929CAF62B0BA4672A7BD50AF64814E87", "header": "International Cooperation", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30106. International Cooperation \nThe Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner..", "id": "HF25693EAC5424BD894C5BDDF15BEE656", "header": "In general", "nested": [], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: 30106. International cooperation.", "id": "H289B397396744D4CB86CF4DC53C23083", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" } ] } ], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" }, { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" } ] }, { "text": "30106. International Cooperation \nThe Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.", "id": "H00857F3C5FE84911BDB56EBE983D8EE7", "header": "International Cooperation", "nested": [], "links": [] }, { "text": "103. Certification labels \nSection 30115(a) of title 49, United States Code, is amended by inserting at the end the following: A person shall not affix a certification label to a motor vehicle or item of motor vehicle equipment unless the person has either performed tests or otherwise documented the basis for certifying compliance with all applicable safety standards prescribed under this chapter, except that, in affixing the certification label or tag, a manufacturer that completes a vehicle after receiving compliance documentation from the manufacturer of the earlier stage of the vehicle may rely on such documentation in accordance with the regulations issued by the Secretary..", "id": "H3C59A6305C6146988890AFB003CB00A2", "header": "Certification labels", "nested": [], "links": [ { "text": "Section 30115(a)", "legal-doc": "usc", "parsable-cite": "usc/49/30115" } ] }, { "text": "104. Notification of noncompliance \nSection 30118 of title 49, United States Code is amended in subsections (a), (b), and (c) by striking motor vehicle or replacement equipment each place it appears and inserting motor vehicle, original equipment, or replacement equipment.", "id": "H4084517AA68842FC00E86B91D31028A8", "header": "Notification of noncompliance", "nested": [], "links": [ { "text": "Section 30118", "legal-doc": "usc", "parsable-cite": "usc/49/30118" } ] }, { "text": "105. Notification of and remedies for noncompliance \nSection 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles \n(1) A dealer may not sell a used motor vehicle for purposes other than resale or lease a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title with respect to a vehicle that has not been remedied, and either— (A) offers to have the defects or noncompliances remedied; or (B) gives the purchaser or lessee a written description of the defects or noncompliances, including all relevant information from any notification pursuant to section 30118(b) or (c) of this title, and reviews a written acknowledgment of the offer or description from the purchaser or lessee. (2) The requirements of paragraph (1) of this subsection shall apply after a period of time following issuance of notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. (3) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) dealer means a person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchased the vehicles other than for resale; and (B) used motor vehicle means a motor vehicle that has previously been purchased other than for resale. (4) Subject to regulations issued by the Secretary, a manufacturer of a motor vehicle shall establish and maintain an Internet-accessible record system that dealers of used motor vehicles and members of the public may access, without charge, to determine whether a particular vehicle manufactured by the manufacturer has been subject to any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title that has not been remedied. If the Secretary determines that establishing and maintaining such an Internet-accessible record system is not practicable for certain classes of manufacturers, the Secretary may exempt such manufacturers from the requirements of this paragraph. (l) Limitation on operation by owners and lessors of school buses and vehicles used to transport passengers for compensation \n(1) Subject to paragraphs (2) and (3), a person who owns or leases a school bus or a motor vehicle used to transport passengers for compensation and who receives a notice of a defect or noncompliance pursuant to section 30118(b) or (c) of this title may not operate the vehicle to which the notice applies as a school bus or for compensation until the defect or noncompliance is remedied as required by this section. (2) The requirements of paragraph (1) shall apply after a period of time following issuance of such notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. (3) This subsection shall not apply to taxicabs, or to motor vehicles owned or operated by State or local governments..", "id": "H450DC085E72445F7A83EA52EADB9232", "header": "Notification of and remedies for noncompliance", "nested": [], "links": [ { "text": "Section 30120", "legal-doc": "usc", "parsable-cite": "usc/49/30120" }, { "text": "section 30102(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/30102" } ] }, { "text": "106. Nonuse of safety belt interlocks \n(a) In general \nSection 30124 of title 49 United States Code, is amended to read as follows: 30124. Nonuse of safety belt interlocks \nA motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.. (b) Clerical amendment \nThe table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: 30124. Nonuse of safety belt interlocks.", "id": "H902E8A50CBFF49B7A1D9C5B15210444D", "header": "Nonuse of safety belt interlocks", "nested": [ { "text": "(a) In general \nSection 30124 of title 49 United States Code, is amended to read as follows: 30124. Nonuse of safety belt interlocks \nA motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt..", "id": "HBE70D3A576A1488CBE332636DDCAEA01", "header": "In general", "nested": [], "links": [ { "text": "Section 30124", "legal-doc": "usc", "parsable-cite": "usc/49/30124" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: 30124. Nonuse of safety belt interlocks.", "id": "H2D1EE266B636469A944C5D5B05C87CAD", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" } ] } ], "links": [ { "text": "Section 30124", "legal-doc": "usc", "parsable-cite": "usc/49/30124" }, { "text": "chapter 301", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/301" } ] }, { "text": "30124. Nonuse of safety belt interlocks \nA motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.", "id": "H83B14E37D9964C029749B698194F3DE4", "header": "Nonuse of safety belt interlocks", "nested": [], "links": [] }, { "text": "107. Research, testing, development, and training \nSection 30168 of title 49, United States Code, is amended by adding at the end the following: (f) Safety initiative for alternate fuel vehicles \nIn addition to the authority provided under this section, the Secretary is authorized to expend $5,000,000 per year to conduct a safety research initiative for alternate fuel vehicles that includes risk assessment studies of hydrogen-fueled and other alternative-fuel vehicles, the development of test and evaluation procedures and performance criteria to assess the likelihood of potential failures that could indicate unsafe conditions, and the development of suitable countermeasures. In particular, such research initiative shall investigate the safety of the power train, the vehicle fuel container and delivery system, the onboard refueling system, and the full vehicle system performance of alternate fuel vehicles. (g) Safety initiative for driver assistance technologies \nIn addition to the authority provided under this section, the Secretary is authorized to expend $10,000,000 per year to conduct research into vehicle-based driver assistance technologies, and to develop appropriate performance standards and consumer education programs, to ensure that appropriate safety benefits are derived from these technologies. Such research shall include evaluations of crash avoidance technologies, such as electronic stability control, telematics, radar braking and other similar vehicle advances..", "id": "H158230D7A9C44E1DB97503224000CEFD", "header": "Research, testing, development, and training", "nested": [], "links": [ { "text": "Section 30168", "legal-doc": "usc", "parsable-cite": "usc/49/30168" } ] }, { "text": "201. Authorization of Appropriations \nSection 32102 of title 49, United States Code, is amended to read as follows: 32102. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007..", "id": "H3AAE459E3C5C4530A9A392DBBCF1FE2F", "header": "Authorization of Appropriations", "nested": [], "links": [ { "text": "Section 32102", "legal-doc": "usc", "parsable-cite": "usc/49/32102" } ] }, { "text": "32102. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007.", "id": "H32871CB5745C41E9856596D3CC18E628", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "202. Penalties and enforcement \nSection 32709(a)(1) of title 49, United States Code, is amended— (1) by striking $2,000 and inserting $5,000 ; and (2) by striking $100,000 and inserting $1,000,000.", "id": "H854B89373A334CACA7EA7F1903B7009B", "header": "Penalties and enforcement", "nested": [], "links": [ { "text": "Section 32709(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/49/32709" } ] }, { "text": "203. Civil actions by private person \nSection 32710(a) of title 49, United States Code, is amended by striking $1,500 and inserting $10,000.", "id": "HE3852CFFACF14D44AD6DD637CF143CF5", "header": "Civil actions by private person", "nested": [], "links": [ { "text": "Section 32710(a)", "legal-doc": "usc", "parsable-cite": "usc/49/32710" } ] }, { "text": "204. Definitions \n(a) Crash avoidance \nSection 32301 of title 49, United States Code, is amended by adding at the end the following: (3) crash avoidance means preventing a motor vehicle accident.. (b) Passenger motor vehicle information \nSection 32302 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting and crash avoidance after crashworthiness ; and (B) by striking paragraph (4); and (2) by striking subsection (c).", "id": "H0A5C2DB2642D461584FA0875EF7BD62C", "header": "Definitions", "nested": [ { "text": "(a) Crash avoidance \nSection 32301 of title 49, United States Code, is amended by adding at the end the following: (3) crash avoidance means preventing a motor vehicle accident..", "id": "HD9367951AC7A4CCE8F2B79BC50E4B7F", "header": "Crash avoidance", "nested": [], "links": [ { "text": "Section 32301", "legal-doc": "usc", "parsable-cite": "usc/49/32301" } ] }, { "text": "(b) Passenger motor vehicle information \nSection 32302 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting and crash avoidance after crashworthiness ; and (B) by striking paragraph (4); and (2) by striking subsection (c).", "id": "HAFEEDC84D2C54F4F00E6E502E236E32", "header": "Passenger motor vehicle information", "nested": [], "links": [ { "text": "Section 32302", "legal-doc": "usc", "parsable-cite": "usc/49/32302" } ] } ], "links": [ { "text": "Section 32301", "legal-doc": "usc", "parsable-cite": "usc/49/32301" }, { "text": "Section 32302", "legal-doc": "usc", "parsable-cite": "usc/49/32302" } ] }, { "text": "205. Repeals \n(a) In general \nSections 32303 and 33112 of title 49, United States Code, are repealed. (b) Clerical amendments \n(1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112.", "id": "H4F0ED204E13C4DD593BF3C2F522CFF31", "header": "Repeals", "nested": [ { "text": "(a) In general \nSections 32303 and 33112 of title 49, United States Code, are repealed.", "id": "HD9B190391011457490C468C5CCEC0484", "header": "In general", "nested": [], "links": [ { "text": "32303", "legal-doc": "usc", "parsable-cite": "usc/49/32303" }, { "text": "33112", "legal-doc": "usc", "parsable-cite": "usc/49/33112" } ] }, { "text": "(b) Clerical amendments \n(1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112.", "id": "HF3823BB58A254230BFD7B853047CBDC0", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 323", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/323" }, { "text": "chapter 331", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/331" } ] } ], "links": [ { "text": "32303", "legal-doc": "usc", "parsable-cite": "usc/49/32303" }, { "text": "33112", "legal-doc": "usc", "parsable-cite": "usc/49/33112" }, { "text": "chapter 323", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/323" }, { "text": "chapter 331", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/331" } ] } ]

[ "Administrative procedure", "Alternative energy sources", "Authorization", "Automobile industry", "Automobile insurance", "Automobile parts", "Automobile repair", "Automobile theft", "Business records", "Civil actions and liability", "Commerce", "Consumer education", "Crime and Law Enforcement", "Damages", "Data banks", "Department of Transportation", "Driver education", "Economics and Public Finance", "Education", "Electric vehicles", "Elementary and secondary education", "Energy", "Finance and Financial Sector", "Fines (Penalties)", "Government Operations and Politics", "Government paperwork", "Hydrogen", "Information services", "Insurance companies", "International Affairs", "International cooperation", "Internet", "Labeling", "Law", "Motor buses", "Motor vehicle safety", "Natural gas vehicles", "Product safety", "Risk", "Safety appliances", "School buses", "Science, Technology, Communications", "Seat belts", "Standards", "Technological innovations", "Transportation research", "Treaties" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H2F794453C1CB4EC293BED1BE2879B03F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Revocation of standards \n(a) In general \nWithout regard to any other law, not later than 90 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall amend its standards under the Flammable Fabrics Act ( 15 U.S.C. 1191 et seq. ) to revoke the amendments to the standards for the flammability of children’s sleepwear sizes 0 through 6X and 7 through 14 (contained in regulations in parts 1615 and 1616 of title 16, Code of Federal Regulations) issued by the Commission on September 9, 1996 (61 Fed. Reg. 47,634). (b) Effective Date \nSleepwear manufactured or imported before the effective date (as established by the Commission) of the Commission’s revocation required by subsection (a) shall not be considered in violation of the Flammable Fabrics Act if it complied with the Commission rules in effect at the time it was manufactured or imported.", "id": "H2D909C1740324C43AEB3601BB624A899", "header": "Revocation of standards", "nested": [ { "text": "(a) In general \nWithout regard to any other law, not later than 90 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall amend its standards under the Flammable Fabrics Act ( 15 U.S.C. 1191 et seq. ) to revoke the amendments to the standards for the flammability of children’s sleepwear sizes 0 through 6X and 7 through 14 (contained in regulations in parts 1615 and 1616 of title 16, Code of Federal Regulations) issued by the Commission on September 9, 1996 (61 Fed. Reg. 47,634).", "id": "H92CD22758C324FE18F1C42E4B73B557", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 1191 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1191" } ] }, { "text": "(b) Effective Date \nSleepwear manufactured or imported before the effective date (as established by the Commission) of the Commission’s revocation required by subsection (a) shall not be considered in violation of the Flammable Fabrics Act if it complied with the Commission rules in effect at the time it was manufactured or imported.", "id": "H3F72315A56814B09A446E4C7145EC19F", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 1191 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/1191" } ] } ]

[ "Administrative procedure", "Child safety", "Clothing", "Consumer Product Safety Commission", "Consumer protection", "Emergency Management", "Families", "Fire prevention", "Flammable materials", "Government Operations and Politics", "Independent regulatory commissions", "Law", "Product safety", "Standards", "Synthetic fabrics", "Textile fabrics" ]

[ { "text": "1. Short title \nThis Act may be cited as the Majority Vote Act of 2004.", "id": "H2B105D4F509746539565354B6426CB92", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) In some general elections the majority of voters split their votes between two similar candidates letting a third candidate, supported only by a minority of the electorate, win the election, thus denying the will of a majority of the voters. (2) In other general elections the majority of voters split their votes between two dissimilar candidates, letting a third candidate, supported by an even smaller minority of the electorate, determine the election victor, and again denying the will of a majority of the voters. (3) The simple plurality winner system used in most general elections for Federal office creates an incentive for candidates to engage in negative campaigning. (4) The principle of majority rule is violated when the majority does not choose the winner of an election, and denies the winner a mandate to govern. (5) A simple solution to this problem of non majority winners is to require the winner of an election to earn a majority of votes. (6) Instant runoff voting, as used in Utah Republican Party primaries, Ireland, Australia, and London, requires the winner of an election to earn a majority of votes. Voters rank candidates in case their favorite candidate is eliminated, and the votes of the candidate’s supporters count for their second choice in a runoff round. This process continues until one candidate earns a majority of votes. (7) By allowing voters to rank candidates, rather than choose just one, candidates are encouraged to engage in positive campaigning in order to receive a higher ranking from their opponents' supporters. (8) There is increased interest in instant runoff voting. For example, the system has been approved for use by voters in San Francisco, California, beginning with the 2004 municipal elections. In 1999, the New Mexico Senate passed legislation providing for a ballot measure under which voters would be allowed to implement instant runoff voting for Presidential elections. In Vermont, legislation to enact instant runoff voting for statewide offices, including the Presidential race, has been endorsed by Common Cause, the League of Women Voters, and the Grange. Additionally, the legislatures of States such as Maine, Maryland, Minnesota, and Washington in 2001 debated legislation to enact instant runoff voting for Presidential elections, and the Speaker of the California Assembly has introduced a bill to implement instant runoff voting in elections to fill vacancies in Congress. (9) In order to conduct an instant runoff election, voting equipment must be compatible with ballots that allow voters to rank candidates. (10) A majority of states currently conduct two-round runoff elections in some of their statewide, county, and municipal elections. Two-round elections cost the states millions of dollars each year and result in severe drop-offs in voter turnout. Voting equipment that is compatible with ranked ballots will give states, counties, and municipalities the option of saving millions of dollars and boosting voter turnout by consolidating two-round runoffs into one election. (11) Consistent with the national underinvestment in voting equipment, much of the Nation’s voting equipment is not currently compatible with ranked ballots. (12) There are currently no Federal mandatory minimum standards for voting equipment. Although the Federal Election Commission has promulgated voluntary standards, these voluntary standards do not include compatibility with ranked ballots. (13) The operation of our current voting and election system is run by approximately 13,000 separate and unequally administered voting jurisdictions. (14) National polls have shown that the American people support a voting system that is unitary.", "id": "H4FFE7FC12C39464B8D66C606C9FC0050", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Requiring Use of Instant Runoff Voting For General Elections for Federal Office \n(a) In General \nNotwithstanding any other provision of law, each State shall conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and shall ensure that the voting equipment and technology used to conduct the elections is compatible with such a system. (b) Definitions \nIn this Act, the following definitions apply: (1) The term Federal office has the meaning given such term in section 301(3) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(3) ). (2) The term instant runoff voting system means a system for the election of candidates under which— (A) runoff counts of candidates are conducted in rounds; (B) voters may rank candidates on the ballot according to the order of preference; (C) if in any round no candidate receives a majority of the votes cast, the candidate with the fewest number of votes is eliminated and the remaining candidates advance to the next round; (D) in each round, a voter shall be considered to have cast one vote for the candidate the voter ranked highest on the ballot who has not been eliminated; and (E) the runoff counts are carried out automatically at the time the votes are cast and tabulated. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands.", "id": "H7872D048FB714E6A99C44B2CBF637174", "header": "Requiring Use of Instant Runoff Voting For General Elections for Federal Office", "nested": [ { "text": "(a) In General \nNotwithstanding any other provision of law, each State shall conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and shall ensure that the voting equipment and technology used to conduct the elections is compatible with such a system.", "id": "H746E7423D92946AC8DE41462CD327CF", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this Act, the following definitions apply: (1) The term Federal office has the meaning given such term in section 301(3) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(3) ). (2) The term instant runoff voting system means a system for the election of candidates under which— (A) runoff counts of candidates are conducted in rounds; (B) voters may rank candidates on the ballot according to the order of preference; (C) if in any round no candidate receives a majority of the votes cast, the candidate with the fewest number of votes is eliminated and the remaining candidates advance to the next round; (D) in each round, a voter shall be considered to have cast one vote for the candidate the voter ranked highest on the ballot who has not been eliminated; and (E) the runoff counts are carried out automatically at the time the votes are cast and tabulated. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands.", "id": "HD8349C3BE06E407FB000E6C7CC5E6B6", "header": "Definitions", "nested": [], "links": [ { "text": "2 U.S.C. 431(3)", "legal-doc": "usc", "parsable-cite": "usc/2/431" } ] } ], "links": [ { "text": "2 U.S.C. 431(3)", "legal-doc": "usc", "parsable-cite": "usc/2/431" } ] }, { "text": "4. Grants to States to Defray Costs of Administering Instant Runoff Voting System \n(a) Establishment of grant program \nThere is established a program under which the Election Assistance Commission (hereafter in this Act referred to as the Commission ) shall make grants to eligible States to defray the costs of administering an instant runoff voting system, including the costs of purchasing voting equipment, software, and other technology necessary for such a system. (b) Plan for program \nNot later than 60 days after the date of the enactment of this Act, the Commission shall develop and make public a plan describing the criteria to be used in the solicitation and approval of applications for grants under this Act and the criteria to be used in overseeing the use of funds provided under such grants, except that under such criteria the Commission may not require a State to match any portion of the amount awarded as a condition of eligibility. (c) Eligibility of States \n(1) In general \nA State is eligible to receive a grant under the program under this section if it submits to the Commission (in such form and manner as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Deadline for application \nThe Commission may not consider an application for a grant under this section unless the application is submitted prior to the expiration of the 60-day period which begins on the date the Commission makes public the plan developed under subsection (b). (3) Deadline for response \nThe Commission shall approve or reject an application submitted under this subsection not later than 120 days after receiving the application. (4) Criteria for rejection \nThe Commission may not reject an application submitted under this subsection unless it finds that— (A) the equipment, software, or other technology used to administer elections in the State is not compatible with an instant runoff voting system; or (B) the State does not provide for appropriate education for voters, poll workers, and election officials in the use of an instant runoff voting system. (d) Cap on amount of grant \nThe amount of any grant awarded to a State under the program under this section may not exceed the product of— (1) the number of residents in the State at the time the grant is awarded (based on the most recent decennial census); and (2) $12. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out the program under this section— (1) $500,000,000 for fiscal year 2005; and (2) such sums as may be necessary for fiscal year 2006 and each succeeding fiscal year.", "id": "H3D7586883FC64EB800AD68CE6DE505F0", "header": "Grants to States to Defray Costs of Administering Instant Runoff Voting System", "nested": [ { "text": "(a) Establishment of grant program \nThere is established a program under which the Election Assistance Commission (hereafter in this Act referred to as the Commission ) shall make grants to eligible States to defray the costs of administering an instant runoff voting system, including the costs of purchasing voting equipment, software, and other technology necessary for such a system.", "id": "H8853B8D44316482D96D9EFBEC79BD07D", "header": "Establishment of grant program", "nested": [], "links": [] }, { "text": "(b) Plan for program \nNot later than 60 days after the date of the enactment of this Act, the Commission shall develop and make public a plan describing the criteria to be used in the solicitation and approval of applications for grants under this Act and the criteria to be used in overseeing the use of funds provided under such grants, except that under such criteria the Commission may not require a State to match any portion of the amount awarded as a condition of eligibility.", "id": "H6088D2D140A04306ADC767E38856CF49", "header": "Plan for program", "nested": [], "links": [] }, { "text": "(c) Eligibility of States \n(1) In general \nA State is eligible to receive a grant under the program under this section if it submits to the Commission (in such form and manner as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Deadline for application \nThe Commission may not consider an application for a grant under this section unless the application is submitted prior to the expiration of the 60-day period which begins on the date the Commission makes public the plan developed under subsection (b). (3) Deadline for response \nThe Commission shall approve or reject an application submitted under this subsection not later than 120 days after receiving the application. (4) Criteria for rejection \nThe Commission may not reject an application submitted under this subsection unless it finds that— (A) the equipment, software, or other technology used to administer elections in the State is not compatible with an instant runoff voting system; or (B) the State does not provide for appropriate education for voters, poll workers, and election officials in the use of an instant runoff voting system.", "id": "HDF6327E00AF94DCEB59126E57C918EFA", "header": "Eligibility of States", "nested": [], "links": [] }, { "text": "(d) Cap on amount of grant \nThe amount of any grant awarded to a State under the program under this section may not exceed the product of— (1) the number of residents in the State at the time the grant is awarded (based on the most recent decennial census); and (2) $12.", "id": "HB97FB59B5A09481F9F6F46C098971779", "header": "Cap on amount of grant", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to carry out the program under this section— (1) $500,000,000 for fiscal year 2005; and (2) such sums as may be necessary for fiscal year 2006 and each succeeding fiscal year.", "id": "HA694476E0C6A463888C6DFA912A92D3B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Relationship to other laws \nNothing in this Act may be construed to supersede or conflict with the Voting Rights Act of 1965 ( 42 U.S.C. 1973aa et seq. ) or the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ).", "id": "H9E0E93C26CDA4C6582A3A0EE4058FFFB", "header": "Relationship to other laws", "nested": [], "links": [ { "text": "42 U.S.C. 1973aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973aa" }, { "text": "42 U.S.C. 1973gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1973gg" } ] }, { "text": "6. Severability \nIf any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.", "id": "H8E8CAEA1C162443EAB82F1004EBA04AD", "header": "Severability", "nested": [], "links": [] } ]

[ "Computer software", "Congress", "Congressional elections", "Economics and Public Finance", "Election administration", "Grants-in-aid", "Presidential elections", "Runoff elections", "Science, Technology, Communications", "Voting machines" ]

[ { "text": "1. Designation \nThe facility of the United States Postal Service located at 607 Pershing Drive in Laclede, Missouri, shall be known and designated as the General John J. Pershing Post Office.", "id": "HAF3BE1F4543D4B8BBF7294D6910048F6", "header": "Designation", "nested": [], "links": [] }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in section 1 shall be deemed to be a reference to the General John J. Pershing Post Office.", "id": "HDFEEC677EC05478A975CD2A2B7D8BE6", "header": "References", "nested": [], "links": [] } ]

[ "Armed Forces and National Security", "Congress", "Congressional tributes", "Government Operations and Politics", "History", "Missouri", "Names", "Officer personnel", "Postal facilities", "World War I" ]

[ { "text": "1. Short title and table of contents \n(a) Short title \nThis Act may be cited as the Retirement Enhancement Act of 2004. (b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Title I—Improved participation and vesting Sec. 101. Minimum coverage requirements Sec. 102. Minimum participation requirements Sec. 103. Faster vesting of benefits under defined contribution plans Sec. 104. Prohibition of requests by plan sponsors for waiver of employee rights Sec. 105. Model small employer group pension plan Sec. 106. Enforcement under ERISA of requirements for simplified employee pensions Title II—Improved pension protections for women Sec. 201. Elimination of integration with workers’ compensation and similar benefits Sec. 202. Spousal consent required for distributions from defined contribution plans Sec. 203. Modification of joint and survivor annuity requirements Sec. 204. Division of pension benefits upon divorce Sec. 205. Periods of family and medical leave treated as hours of service for pension participation and vesting Sec. 206. Right of spouse to know distribution information Sec. 207. Repeal of reduction in military Survivor Benefit Plan annuities at age 62 Sec. 208. Survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining age for deferred annuity under Civil Service Retirement System Sec. 209. Order of precedence for disposition of amounts remaining in the thrift savings account of a Federal employee (or former employee) who dies before making an effective election controlling such disposition Sec. 210. Amendments relating to effective date provision of the Civil Service Retirement Spouse Equity Act of 1984 Sec. 211. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee Sec. 212. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements Title III—Simplified investment standards Sec. 301. Exemption from prohibited transaction rules for certain aborted emergent transactions Sec. 302. Prohibited transaction exemption for the provision of investment advice Sec. 303. Participation of participants in trusteeship of single-employer plans providing for employee contributions Sec. 304. Diversification of investment of account assets held under individual account plans Sec. 305. Removal of $500,000 cap on bonding requirement Sec. 306. Disclosure regarding investments and voting of proxies Sec. 307. Immediate warning of excessive stock holdings Sec. 308. Report to participants and beneficiaries of trades in employer securities Title IV—Improvements in pension information and enforcement Sec. 401. Pension benefit information Sec. 402. Disclosures to Secretary of Labor relating to plan termination and relating to plan sponsors after acquisition or merger of plans Sec. 403. Disclosure of operating income of employers adjusted so as to exclude certain components mandated in FASB rules governing accounting for defined benefit pension plans Sec. 404. Specific information regarding multiemployer plans included in annual report Sec. 405. Limited scope audits Sec. 406. Reporting and enforcement requirements for employee benefit plans Sec. 407. Study of pension trends and characteristics Sec. 408. Early resolution program for pension benefit claims Sec. 409. Review of benefit determinations Sec. 410. Allowable relief Sec. 411. Assessment by Secretary of Labor of penalties for failures to meet disclosure requirements Sec. 412. Missing participants and unclaimed benefits Sec. 413. Fiduciary duties with respect to changes in investment options Sec. 414. Office of Pension Participant Advocacy Sec. 415. Exclusivity of powers and procedures applicable to rights or claims Title V—Improved pension protections for the changing workforce Sec. 501. Loans from retirement plans for health insurance and job training expenses Sec. 502. Automatic rollover upon mandatory distribution in excess of $1,000 Sec. 503. Prompt distribution from defined contribution plans upon termination of participant’s covered employment Title VI—General provisions Sec. 601. General effective date Sec. 602. Plan amendments", "id": "HAE2B7FBC4ADE4950BEFC239D5447A00", "header": "Short title and table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Retirement Enhancement Act of 2004.", "id": "H12029C31F954490986FADB3ED67ED9B6", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents is as follows: Sec. 1. Short title and table of contents Title I—Improved participation and vesting Sec. 101. Minimum coverage requirements Sec. 102. Minimum participation requirements Sec. 103. Faster vesting of benefits under defined contribution plans Sec. 104. Prohibition of requests by plan sponsors for waiver of employee rights Sec. 105. Model small employer group pension plan Sec. 106. Enforcement under ERISA of requirements for simplified employee pensions Title II—Improved pension protections for women Sec. 201. Elimination of integration with workers’ compensation and similar benefits Sec. 202. Spousal consent required for distributions from defined contribution plans Sec. 203. Modification of joint and survivor annuity requirements Sec. 204. Division of pension benefits upon divorce Sec. 205. Periods of family and medical leave treated as hours of service for pension participation and vesting Sec. 206. Right of spouse to know distribution information Sec. 207. Repeal of reduction in military Survivor Benefit Plan annuities at age 62 Sec. 208. Survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining age for deferred annuity under Civil Service Retirement System Sec. 209. Order of precedence for disposition of amounts remaining in the thrift savings account of a Federal employee (or former employee) who dies before making an effective election controlling such disposition Sec. 210. Amendments relating to effective date provision of the Civil Service Retirement Spouse Equity Act of 1984 Sec. 211. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee Sec. 212. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements Title III—Simplified investment standards Sec. 301. Exemption from prohibited transaction rules for certain aborted emergent transactions Sec. 302. Prohibited transaction exemption for the provision of investment advice Sec. 303. Participation of participants in trusteeship of single-employer plans providing for employee contributions Sec. 304. Diversification of investment of account assets held under individual account plans Sec. 305. Removal of $500,000 cap on bonding requirement Sec. 306. Disclosure regarding investments and voting of proxies Sec. 307. Immediate warning of excessive stock holdings Sec. 308. Report to participants and beneficiaries of trades in employer securities Title IV—Improvements in pension information and enforcement Sec. 401. Pension benefit information Sec. 402. Disclosures to Secretary of Labor relating to plan termination and relating to plan sponsors after acquisition or merger of plans Sec. 403. Disclosure of operating income of employers adjusted so as to exclude certain components mandated in FASB rules governing accounting for defined benefit pension plans Sec. 404. Specific information regarding multiemployer plans included in annual report Sec. 405. Limited scope audits Sec. 406. Reporting and enforcement requirements for employee benefit plans Sec. 407. Study of pension trends and characteristics Sec. 408. Early resolution program for pension benefit claims Sec. 409. Review of benefit determinations Sec. 410. Allowable relief Sec. 411. Assessment by Secretary of Labor of penalties for failures to meet disclosure requirements Sec. 412. Missing participants and unclaimed benefits Sec. 413. Fiduciary duties with respect to changes in investment options Sec. 414. Office of Pension Participant Advocacy Sec. 415. Exclusivity of powers and procedures applicable to rights or claims Title V—Improved pension protections for the changing workforce Sec. 501. Loans from retirement plans for health insurance and job training expenses Sec. 502. Automatic rollover upon mandatory distribution in excess of $1,000 Sec. 503. Prompt distribution from defined contribution plans upon termination of participant’s covered employment Title VI—General provisions Sec. 601. General effective date Sec. 602. Plan amendments", "id": "HA3DCADCE98694E039032C995E71B100", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. Minimum coverage requirements \nLAJohnston: Revised 9/20/04, using 9/15/04 draft. Replaced text of new sec. 201A. (a) In general \nPart 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 201 the following new section: 201A. Minimum coverage requirements \n(a) General rule \nEach pension plan maintained by an employer shall benefit all employees of the employer. (b) Exclusion of certain employees \n(1) In general \nSubject to paragraph (2), in determining, in the case of any plan, whether the requirements of subsection (a) are met with respect to the employees of the employer maintaining the plan, there shall be excluded from consideration— (A) employees who are included in a unit of employees covered by an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between employee representatives and the employer or 2 or more employers including the employer, if there is evidence that retirement benefits were the subject of good faith bargaining between the employee representatives and the employer or employers, (B) in the case of a trust, forming a part of the plan, which is established or maintained pursuant to an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between airline pilots represented in accordance with title II of the Railway Labor Act and the employer or 2 or more employers including the employer, all employees not covered by the agreement, and (C) employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2) of the Internal Revenue Code of 1986) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3) of such Code). (2) Special rules \n(A) Treatment of employees in units covered by collective bargaining agreements \nSubsection (a) shall apply separately with respect to employees (of an employer referred to in paragraph (1)(A)) who are in a unit of employees described in paragraph (1)(A). (B) Treatment of certain airline employees \nParagraph (1)(B) shall not apply in the case of any plan (of which the trust referred to in paragraph (1)(B) forms a part) if the plan provides for contributions or benefits for employees whose principal duties are not customarily performed aboard aircraft in flight. (c) Exclusion of employees not meeting age and service requirements \n(1) In General \nIf a plan— (A) prescribes, consistent with section 202(a), minimum age and service requirements as a condition of participation, and (B) excludes all employees not meeting such requirements from participation, then such employees shall be excluded from consideration for purposes of this section. (2) Requirements may be met separately with respect to excluded group \nIf employees not meeting the minimum age or service requirements of section 202(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of subsection (a) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subsection (a). (3) Requirements not treated as being met before entry date \nAn employee shall not be treated as meeting the age and service requirements described in this subsection until the first date on which, under the plan, any employee with the same age and service would be eligible to commence participation in the plan. (d) Line of business exception \n(1) In General \nIf, under section 414(r) of the Internal Revenue Code of 1986, an employer is treated as operating separate lines of business for a year, the employer may apply the requirements of this section for such year separately with respect to employees in each separate line of business. (2) Plan must be nondiscriminatory \nParagraph (1) shall not apply with respect to any plan maintained by an employer unless such plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary of the Treasury not to be discriminatory in favor of highly compensated employees. (e) Definitions and special rules \nFor purposes of this section— (1) Highly compensated employee \nThe term highly compensated employee has the meaning given such term by section 414(q) of the Internal Revenue Code of 1986. (2) Aggregation rules \nAn employer may elect to designate— (A) 2 or more trusts, (B) 1 or more trusts and 1 or more annuity plans, or (C) 2 or more annuity plans, as part of 1 plan to determine whether the requirements of this section are met with respect to such plan. (3) Special rules for certain dispositions or acquisitions \n(A) In General \nIf a person becomes, or ceases to be, a member of a group described in subsection (b), (c), (m), or (o) of section 414 of such Code, then the requirements of this section shall be treated as having been met during the transition period with respect to any plan covering employees of such person or any other member of such group if— (i) such requirements were met immediately before each such change, and (ii) the coverage under such plan is not significantly changed during the transition period (other than by reason of the change in members of a group) or such plan meets such other requirements as the Secretary of the Treasury may prescribe by regulation. (B) Transition period \nFor purposes of subparagraph (A), the term transition period means the period— (i) beginning on the date of the change in members of a group, and (ii) ending on the last day of the 1st plan year beginning after the date of such change. (4) Eligibility to contribute \nIn the case of contributions which are subject to section 401(k) or 401(m) of the Internal Revenue Code of 1986, employees who are eligible to contribute (or elect to have contributions made on their behalf) shall be treated as benefiting under the plan. (5) Regulations \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.. (b) Clerical amendment \nThe table of contents in section 1 of such Act is amended by inserting after the item relating to section 201 the following new item: Sec. 201A. Minimum coverage requirements.", "id": "HB6552BBBD1BB42AC9F18985FBF007600", "header": "Minimum coverage requirements", "nested": [ { "text": "(a) In general \nPart 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 201 the following new section: 201A. Minimum coverage requirements \n(a) General rule \nEach pension plan maintained by an employer shall benefit all employees of the employer. (b) Exclusion of certain employees \n(1) In general \nSubject to paragraph (2), in determining, in the case of any plan, whether the requirements of subsection (a) are met with respect to the employees of the employer maintaining the plan, there shall be excluded from consideration— (A) employees who are included in a unit of employees covered by an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between employee representatives and the employer or 2 or more employers including the employer, if there is evidence that retirement benefits were the subject of good faith bargaining between the employee representatives and the employer or employers, (B) in the case of a trust, forming a part of the plan, which is established or maintained pursuant to an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between airline pilots represented in accordance with title II of the Railway Labor Act and the employer or 2 or more employers including the employer, all employees not covered by the agreement, and (C) employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2) of the Internal Revenue Code of 1986) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3) of such Code). (2) Special rules \n(A) Treatment of employees in units covered by collective bargaining agreements \nSubsection (a) shall apply separately with respect to employees (of an employer referred to in paragraph (1)(A)) who are in a unit of employees described in paragraph (1)(A). (B) Treatment of certain airline employees \nParagraph (1)(B) shall not apply in the case of any plan (of which the trust referred to in paragraph (1)(B) forms a part) if the plan provides for contributions or benefits for employees whose principal duties are not customarily performed aboard aircraft in flight. (c) Exclusion of employees not meeting age and service requirements \n(1) In General \nIf a plan— (A) prescribes, consistent with section 202(a), minimum age and service requirements as a condition of participation, and (B) excludes all employees not meeting such requirements from participation, then such employees shall be excluded from consideration for purposes of this section. (2) Requirements may be met separately with respect to excluded group \nIf employees not meeting the minimum age or service requirements of section 202(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of subsection (a) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subsection (a). (3) Requirements not treated as being met before entry date \nAn employee shall not be treated as meeting the age and service requirements described in this subsection until the first date on which, under the plan, any employee with the same age and service would be eligible to commence participation in the plan. (d) Line of business exception \n(1) In General \nIf, under section 414(r) of the Internal Revenue Code of 1986, an employer is treated as operating separate lines of business for a year, the employer may apply the requirements of this section for such year separately with respect to employees in each separate line of business. (2) Plan must be nondiscriminatory \nParagraph (1) shall not apply with respect to any plan maintained by an employer unless such plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary of the Treasury not to be discriminatory in favor of highly compensated employees. (e) Definitions and special rules \nFor purposes of this section— (1) Highly compensated employee \nThe term highly compensated employee has the meaning given such term by section 414(q) of the Internal Revenue Code of 1986. (2) Aggregation rules \nAn employer may elect to designate— (A) 2 or more trusts, (B) 1 or more trusts and 1 or more annuity plans, or (C) 2 or more annuity plans, as part of 1 plan to determine whether the requirements of this section are met with respect to such plan. (3) Special rules for certain dispositions or acquisitions \n(A) In General \nIf a person becomes, or ceases to be, a member of a group described in subsection (b), (c), (m), or (o) of section 414 of such Code, then the requirements of this section shall be treated as having been met during the transition period with respect to any plan covering employees of such person or any other member of such group if— (i) such requirements were met immediately before each such change, and (ii) the coverage under such plan is not significantly changed during the transition period (other than by reason of the change in members of a group) or such plan meets such other requirements as the Secretary of the Treasury may prescribe by regulation. (B) Transition period \nFor purposes of subparagraph (A), the term transition period means the period— (i) beginning on the date of the change in members of a group, and (ii) ending on the last day of the 1st plan year beginning after the date of such change. (4) Eligibility to contribute \nIn the case of contributions which are subject to section 401(k) or 401(m) of the Internal Revenue Code of 1986, employees who are eligible to contribute (or elect to have contributions made on their behalf) shall be treated as benefiting under the plan. (5) Regulations \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section..", "id": "H9BEA4F1991C34421B07672F67179B121", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "section 911(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/911" }, { "text": "section 414(r)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1 of such Act is amended by inserting after the item relating to section 201 the following new item: Sec. 201A. Minimum coverage requirements.", "id": "HEF8C9CAA06DD4EFB97C7FCAE555DDC93", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/201" }, { "text": "section 911(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/911" }, { "text": "section 414(r)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "201A. Minimum coverage requirements \n(a) General rule \nEach pension plan maintained by an employer shall benefit all employees of the employer. (b) Exclusion of certain employees \n(1) In general \nSubject to paragraph (2), in determining, in the case of any plan, whether the requirements of subsection (a) are met with respect to the employees of the employer maintaining the plan, there shall be excluded from consideration— (A) employees who are included in a unit of employees covered by an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between employee representatives and the employer or 2 or more employers including the employer, if there is evidence that retirement benefits were the subject of good faith bargaining between the employee representatives and the employer or employers, (B) in the case of a trust, forming a part of the plan, which is established or maintained pursuant to an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between airline pilots represented in accordance with title II of the Railway Labor Act and the employer or 2 or more employers including the employer, all employees not covered by the agreement, and (C) employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2) of the Internal Revenue Code of 1986) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3) of such Code). (2) Special rules \n(A) Treatment of employees in units covered by collective bargaining agreements \nSubsection (a) shall apply separately with respect to employees (of an employer referred to in paragraph (1)(A)) who are in a unit of employees described in paragraph (1)(A). (B) Treatment of certain airline employees \nParagraph (1)(B) shall not apply in the case of any plan (of which the trust referred to in paragraph (1)(B) forms a part) if the plan provides for contributions or benefits for employees whose principal duties are not customarily performed aboard aircraft in flight. (c) Exclusion of employees not meeting age and service requirements \n(1) In General \nIf a plan— (A) prescribes, consistent with section 202(a), minimum age and service requirements as a condition of participation, and (B) excludes all employees not meeting such requirements from participation, then such employees shall be excluded from consideration for purposes of this section. (2) Requirements may be met separately with respect to excluded group \nIf employees not meeting the minimum age or service requirements of section 202(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of subsection (a) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subsection (a). (3) Requirements not treated as being met before entry date \nAn employee shall not be treated as meeting the age and service requirements described in this subsection until the first date on which, under the plan, any employee with the same age and service would be eligible to commence participation in the plan. (d) Line of business exception \n(1) In General \nIf, under section 414(r) of the Internal Revenue Code of 1986, an employer is treated as operating separate lines of business for a year, the employer may apply the requirements of this section for such year separately with respect to employees in each separate line of business. (2) Plan must be nondiscriminatory \nParagraph (1) shall not apply with respect to any plan maintained by an employer unless such plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary of the Treasury not to be discriminatory in favor of highly compensated employees. (e) Definitions and special rules \nFor purposes of this section— (1) Highly compensated employee \nThe term highly compensated employee has the meaning given such term by section 414(q) of the Internal Revenue Code of 1986. (2) Aggregation rules \nAn employer may elect to designate— (A) 2 or more trusts, (B) 1 or more trusts and 1 or more annuity plans, or (C) 2 or more annuity plans, as part of 1 plan to determine whether the requirements of this section are met with respect to such plan. (3) Special rules for certain dispositions or acquisitions \n(A) In General \nIf a person becomes, or ceases to be, a member of a group described in subsection (b), (c), (m), or (o) of section 414 of such Code, then the requirements of this section shall be treated as having been met during the transition period with respect to any plan covering employees of such person or any other member of such group if— (i) such requirements were met immediately before each such change, and (ii) the coverage under such plan is not significantly changed during the transition period (other than by reason of the change in members of a group) or such plan meets such other requirements as the Secretary of the Treasury may prescribe by regulation. (B) Transition period \nFor purposes of subparagraph (A), the term transition period means the period— (i) beginning on the date of the change in members of a group, and (ii) ending on the last day of the 1st plan year beginning after the date of such change. (4) Eligibility to contribute \nIn the case of contributions which are subject to section 401(k) or 401(m) of the Internal Revenue Code of 1986, employees who are eligible to contribute (or elect to have contributions made on their behalf) shall be treated as benefiting under the plan. (5) Regulations \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.", "id": "H737AE7D28FF84C8180A3C49673FAA9ED", "header": "Minimum coverage requirements", "nested": [ { "text": "(a) General rule \nEach pension plan maintained by an employer shall benefit all employees of the employer.", "id": "H69391256A6694F848D99E55547009300", "header": "General rule", "nested": [], "links": [] }, { "text": "(b) Exclusion of certain employees \n(1) In general \nSubject to paragraph (2), in determining, in the case of any plan, whether the requirements of subsection (a) are met with respect to the employees of the employer maintaining the plan, there shall be excluded from consideration— (A) employees who are included in a unit of employees covered by an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between employee representatives and the employer or 2 or more employers including the employer, if there is evidence that retirement benefits were the subject of good faith bargaining between the employee representatives and the employer or employers, (B) in the case of a trust, forming a part of the plan, which is established or maintained pursuant to an agreement which, as determined in accordance with regulations issued by the Secretary, constitutes a collective bargaining agreement between airline pilots represented in accordance with title II of the Railway Labor Act and the employer or 2 or more employers including the employer, all employees not covered by the agreement, and (C) employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2) of the Internal Revenue Code of 1986) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3) of such Code). (2) Special rules \n(A) Treatment of employees in units covered by collective bargaining agreements \nSubsection (a) shall apply separately with respect to employees (of an employer referred to in paragraph (1)(A)) who are in a unit of employees described in paragraph (1)(A). (B) Treatment of certain airline employees \nParagraph (1)(B) shall not apply in the case of any plan (of which the trust referred to in paragraph (1)(B) forms a part) if the plan provides for contributions or benefits for employees whose principal duties are not customarily performed aboard aircraft in flight.", "id": "HA933D5A51F3D4506BF00DAD055115859", "header": "Exclusion of certain employees", "nested": [], "links": [ { "text": "section 911(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/911" } ] }, { "text": "(c) Exclusion of employees not meeting age and service requirements \n(1) In General \nIf a plan— (A) prescribes, consistent with section 202(a), minimum age and service requirements as a condition of participation, and (B) excludes all employees not meeting such requirements from participation, then such employees shall be excluded from consideration for purposes of this section. (2) Requirements may be met separately with respect to excluded group \nIf employees not meeting the minimum age or service requirements of section 202(a)(1) (without regard to subparagraph (B) thereof) are covered under a plan of the employer which meets the requirements of subsection (a) separately with respect to such employees, such employees may be excluded from consideration in determining whether any plan of the employer meets the requirements of subsection (a). (3) Requirements not treated as being met before entry date \nAn employee shall not be treated as meeting the age and service requirements described in this subsection until the first date on which, under the plan, any employee with the same age and service would be eligible to commence participation in the plan.", "id": "H54666D4E59F146A6A3403C2E587C7D76", "header": "Exclusion of employees not meeting age and service requirements", "nested": [], "links": [] }, { "text": "(d) Line of business exception \n(1) In General \nIf, under section 414(r) of the Internal Revenue Code of 1986, an employer is treated as operating separate lines of business for a year, the employer may apply the requirements of this section for such year separately with respect to employees in each separate line of business. (2) Plan must be nondiscriminatory \nParagraph (1) shall not apply with respect to any plan maintained by an employer unless such plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary of the Treasury not to be discriminatory in favor of highly compensated employees.", "id": "H4B161019DB434E8ABDA8B9FE402C2399", "header": "Line of business exception", "nested": [], "links": [ { "text": "section 414(r)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "(e) Definitions and special rules \nFor purposes of this section— (1) Highly compensated employee \nThe term highly compensated employee has the meaning given such term by section 414(q) of the Internal Revenue Code of 1986. (2) Aggregation rules \nAn employer may elect to designate— (A) 2 or more trusts, (B) 1 or more trusts and 1 or more annuity plans, or (C) 2 or more annuity plans, as part of 1 plan to determine whether the requirements of this section are met with respect to such plan. (3) Special rules for certain dispositions or acquisitions \n(A) In General \nIf a person becomes, or ceases to be, a member of a group described in subsection (b), (c), (m), or (o) of section 414 of such Code, then the requirements of this section shall be treated as having been met during the transition period with respect to any plan covering employees of such person or any other member of such group if— (i) such requirements were met immediately before each such change, and (ii) the coverage under such plan is not significantly changed during the transition period (other than by reason of the change in members of a group) or such plan meets such other requirements as the Secretary of the Treasury may prescribe by regulation. (B) Transition period \nFor purposes of subparagraph (A), the term transition period means the period— (i) beginning on the date of the change in members of a group, and (ii) ending on the last day of the 1st plan year beginning after the date of such change. (4) Eligibility to contribute \nIn the case of contributions which are subject to section 401(k) or 401(m) of the Internal Revenue Code of 1986, employees who are eligible to contribute (or elect to have contributions made on their behalf) shall be treated as benefiting under the plan. (5) Regulations \nThe Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.", "id": "HB05D4EA51344494AABF8300745C26BC", "header": "Definitions and special rules", "nested": [], "links": [ { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] } ], "links": [ { "text": "section 911(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/911" }, { "text": "section 414(r)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" } ] }, { "text": "102. Minimum participation requirements \n(a) In General \nSections 202(a)(3), 203(b)(2), and 204(b)(4) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(a)(3) , 1053(b)(2), and 1054(b)(4)) are each amended by striking 1,000 hours each place it appears and inserting 750 hours. (b) Conforming amendments \n(1) Sections 202(a)(3)(D), 203(b)(2)(D), and 204(b)(4)(E) ( 29 U.S.C. 1052(a)(3)(D) , 1053(b)(2)(D), and 1054(b)(4)(E)) are each amended by striking 125 days and inserting 94 days. (2) Sections 202(b)(5)(B) and 203(b)(3)(E)(ii) ( 29 U.S.C. 1052(b)(5)(B) and 1053(b)(3)(E)(ii)) are each amended by striking 501 hours and inserting 376 hours. (3) Section 203(b)(3)(A) ( 29 U.S.C. 1053(b)(3)(A) ) is amended by striking 500 hours and inserting 375 hours.", "id": "H3C54B03C63224BD49D1598236FE82848", "header": "Minimum participation requirements", "nested": [ { "text": "(a) In General \nSections 202(a)(3), 203(b)(2), and 204(b)(4) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(a)(3) , 1053(b)(2), and 1054(b)(4)) are each amended by striking 1,000 hours each place it appears and inserting 750 hours.", "id": "H70144A8F95A64DBEA46E3893B6B40713", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1052(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" } ] }, { "text": "(b) Conforming amendments \n(1) Sections 202(a)(3)(D), 203(b)(2)(D), and 204(b)(4)(E) ( 29 U.S.C. 1052(a)(3)(D) , 1053(b)(2)(D), and 1054(b)(4)(E)) are each amended by striking 125 days and inserting 94 days. (2) Sections 202(b)(5)(B) and 203(b)(3)(E)(ii) ( 29 U.S.C. 1052(b)(5)(B) and 1053(b)(3)(E)(ii)) are each amended by striking 501 hours and inserting 376 hours. (3) Section 203(b)(3)(A) ( 29 U.S.C. 1053(b)(3)(A) ) is amended by striking 500 hours and inserting 375 hours.", "id": "H170A3ACA63E34A9F81E469D3AD9C7E23", "header": "Conforming amendments", "nested": [], "links": [ { "text": "29 U.S.C. 1052(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1052(b)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1053(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" } ] } ], "links": [ { "text": "29 U.S.C. 1052(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1052(a)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1052(b)(5)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1053(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" } ] }, { "text": "103. Faster vesting of benefits under defined contribution plans \nSection 203(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(a) ) is amended— (1) by striking paragraph (2)(A) and inserting the following: (A) A plan satisfies the requirements of this subparagraph if an employee has a nonforfeitable right to 100 percent of the employee’s accrued benefit derived from employer contributions— (i) in the case of a defined benefit plan, as of completion by the employee of at least 5 years of service, or (ii) in the case of a defined contribution plan, as of completion by the employee of at least 3 years of service. ; (2) in paragraph (2)(B), by inserting after if the following: the plan is a defined benefit plan and, under the plan, ; and (3) in paragraph (4), by striking paragraph (2) shall be applied— and all that follows through subparagraph (B): and inserting paragraph (2)(B) shall be applied by substituting for the table contained therein the following table:.", "id": "HDFC6ADC69A1A451BA5D5BBD46B8BF2EF", "header": "Faster vesting of benefits under defined contribution plans", "nested": [], "links": [ { "text": "29 U.S.C. 1053(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" } ] }, { "text": "104. Prohibition of requests by plan sponsors for waiver of employee rights \n(a) In general \nPart 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1051 et seq. ) is amended— (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following new section: 211. Prohibition of requests by plan sponsors for waiver of employee rights \nA plan sponsor may not request any individual to waive any right of coverage under, or participation in, any pension plan which is granted by this title.. (b) Clerical amendment \nThe table of contents in section 1 of such Act is amended— (1) by striking the item relating to section 211; and (2) by inserting after the item relating to section 210 the following new items: Sec. 211. Prohibition of requests by plan sponsors for waiver of employee rights Sec. 212. Effective dates.", "id": "HDBA827C846764545A0A3B8D3166E7BA8", "header": "Prohibition of requests by plan sponsors for waiver of employee rights", "nested": [ { "text": "(a) In general \nPart 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1051 et seq. ) is amended— (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following new section: 211. Prohibition of requests by plan sponsors for waiver of employee rights \nA plan sponsor may not request any individual to waive any right of coverage under, or participation in, any pension plan which is granted by this title..", "id": "H038E15E7D9B54013A9C691D3B795E68C", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 1051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1051" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1 of such Act is amended— (1) by striking the item relating to section 211; and (2) by inserting after the item relating to section 210 the following new items: Sec. 211. Prohibition of requests by plan sponsors for waiver of employee rights Sec. 212. Effective dates.", "id": "H0C3113F9975B4036AAE2ADE465FFBD17", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1051" } ] }, { "text": "211. Prohibition of requests by plan sponsors for waiver of employee rights \nA plan sponsor may not request any individual to waive any right of coverage under, or participation in, any pension plan which is granted by this title.", "id": "HEF2D23018A3E4C5795B7C5A3C8F0C6A5", "header": "Prohibition of requests by plan sponsors for waiver of employee rights", "nested": [], "links": [] }, { "text": "105. Model small employer group pension plan \n(a) In General \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) is amended by adding at the end the following new subsection: (g) Model simplified group pension plans \n(1) Establishment of model plan \nThe Secretary, in consultation with the Secretary of the Treasury, shall prescribe by regulations one or more model simplified group pension plans which would— (A) provide simplicity and minimal administrative responsibilities to employers and provide adequate retirement benefits to employees upon adoption by an employer, including models which could be established by a group of small employers, an employee association, an employer association, or a financial institution, (B) cover all employees of the employer, (C) accept contributions from successive employers, (D) readily permit and accept rollovers to and from other qualified plans (as defined in section 203(e)(2)), and (E) constitute a plan meeting the requirements of this Act and Internal Revenue Code of 1986. In devising a model pension plan, the Secretary shall consider the adequacy of existing simplified employee pension plan alternatives and may make recommendations to adopt such plans as model simplified plans. (2) Advertisement of model plan \nThe Secretary, in consultation with the Secretary of the Treasury and the Administrator of the Small Business Administration, shall advertise the model plans developed pursuant to paragraph (1), including through contracts (to the extent provided in appropriation Acts) with applicable organizations, to ensure that small employers and their employees are apprised of the availability of administratively simple single and group pension plans.. (b) Exemption of plan sponsor from fiduciary liability \nSection 404(a) of such Act ( 29 U.S.C. 1104(a) ) is amended by adding at the end the following new paragraph: (3) A plan sponsor of an employee benefit plan shall not be liable under this part in connection with such plan for any act or practice by such plan sponsor consistent with the requirements of such plan if such plan conforms to the terms of a model simplified group pension plan prescribed pursuant to section 206(g).. (c) Initial regulations \nRegulations under section 206(g) of the Employee Retirement Income Security Act of 1974 (added by this section) for the first model simplified pension plans shall be issued within 12 months after the date of the enactment of this Act. (d) Study \nNot later than 3 years after the date of the enactment of this Act, the Secretary of Labor and the Secretary of the Treasury shall conduct a joint study to determine the feasibility of permitting non-highly compensated employees whose employer does not cover them under a pension plan, and other non-covered individuals, to seek an automatic payroll deduction or other deferral mechanism to make contributions to a pension plan conforming to the the requirements of a model simplified group pension plan developed pursuant to section 206(g) of the Employee Retirement Income Security Act of 1974 or to similar pension plans. Such Secretaries shall submit a joint report to the Congress describing the results of such study and making such recommendations as the Secretaries determine necessary or appropriate.", "id": "H7871A6B775044CC081D908270016E0AD", "header": "Model small employer group pension plan", "nested": [ { "text": "(a) In General \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) is amended by adding at the end the following new subsection: (g) Model simplified group pension plans \n(1) Establishment of model plan \nThe Secretary, in consultation with the Secretary of the Treasury, shall prescribe by regulations one or more model simplified group pension plans which would— (A) provide simplicity and minimal administrative responsibilities to employers and provide adequate retirement benefits to employees upon adoption by an employer, including models which could be established by a group of small employers, an employee association, an employer association, or a financial institution, (B) cover all employees of the employer, (C) accept contributions from successive employers, (D) readily permit and accept rollovers to and from other qualified plans (as defined in section 203(e)(2)), and (E) constitute a plan meeting the requirements of this Act and Internal Revenue Code of 1986. In devising a model pension plan, the Secretary shall consider the adequacy of existing simplified employee pension plan alternatives and may make recommendations to adopt such plans as model simplified plans. (2) Advertisement of model plan \nThe Secretary, in consultation with the Secretary of the Treasury and the Administrator of the Small Business Administration, shall advertise the model plans developed pursuant to paragraph (1), including through contracts (to the extent provided in appropriation Acts) with applicable organizations, to ensure that small employers and their employees are apprised of the availability of administratively simple single and group pension plans..", "id": "H98D2AD6FDE9B400EAD201114A8380018", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" } ] }, { "text": "(b) Exemption of plan sponsor from fiduciary liability \nSection 404(a) of such Act ( 29 U.S.C. 1104(a) ) is amended by adding at the end the following new paragraph: (3) A plan sponsor of an employee benefit plan shall not be liable under this part in connection with such plan for any act or practice by such plan sponsor consistent with the requirements of such plan if such plan conforms to the terms of a model simplified group pension plan prescribed pursuant to section 206(g)..", "id": "H397A3D2CEF484C9586CA35BF586638DE", "header": "Exemption of plan sponsor from fiduciary liability", "nested": [], "links": [ { "text": "29 U.S.C. 1104(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" } ] }, { "text": "(c) Initial regulations \nRegulations under section 206(g) of the Employee Retirement Income Security Act of 1974 (added by this section) for the first model simplified pension plans shall be issued within 12 months after the date of the enactment of this Act.", "id": "H102952D8CA4F4CB39CC5D1574332C062", "header": "Initial regulations", "nested": [], "links": [] }, { "text": "(d) Study \nNot later than 3 years after the date of the enactment of this Act, the Secretary of Labor and the Secretary of the Treasury shall conduct a joint study to determine the feasibility of permitting non-highly compensated employees whose employer does not cover them under a pension plan, and other non-covered individuals, to seek an automatic payroll deduction or other deferral mechanism to make contributions to a pension plan conforming to the the requirements of a model simplified group pension plan developed pursuant to section 206(g) of the Employee Retirement Income Security Act of 1974 or to similar pension plans. Such Secretaries shall submit a joint report to the Congress describing the results of such study and making such recommendations as the Secretaries determine necessary or appropriate.", "id": "H92E01BD308E6408DA13E6C824900776C", "header": "Study", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" }, { "text": "29 U.S.C. 1104(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" } ] }, { "text": "106. Enforcement under ERISA of requirements for simplified employee pensions \nSubtitle A of title III of the Employee Retirement Income Security Act of 1974 is amended by adding after section 3004 ( 29 U.S.C. 1204 ) the following new section: 3005. Treatment of simplified employee pensions \nFor purposes of part 5 of subtitle B of title I, the requirements of section 408(k) of the Internal Revenue Code of 1986 relating to simplified employee pensions (as defined in section 408(k)(1) of such Code) shall be treated as requirements of title I applicable to employee pension benefit plans (as defined in section 3(2)) which are such simplified employee pensions..", "id": "H0AAD27E206B9488292C6E8229DEDC053", "header": "Enforcement under ERISA of requirements for simplified employee pensions", "nested": [], "links": [ { "text": "29 U.S.C. 1204", "legal-doc": "usc", "parsable-cite": "usc/29/1204" }, { "text": "section 408(k)", "legal-doc": "usc", "parsable-cite": "usc/26/408" } ] }, { "text": "3005. Treatment of simplified employee pensions \nFor purposes of part 5 of subtitle B of title I, the requirements of section 408(k) of the Internal Revenue Code of 1986 relating to simplified employee pensions (as defined in section 408(k)(1) of such Code) shall be treated as requirements of title I applicable to employee pension benefit plans (as defined in section 3(2)) which are such simplified employee pensions.", "id": "HEE5C70444DA2480C9E484DE541054600", "header": "Treatment of simplified employee pensions", "nested": [], "links": [ { "text": "section 408(k)", "legal-doc": "usc", "parsable-cite": "usc/26/408" } ] }, { "text": "201. Elimination of integration with workers’ compensation and similar benefits \nSection 206 of the Employee Retirement Income Security Act of 1974 (as amended by section 105(a)) is amended further by adding at the end the following new subsection: (h) Integration with workers’ compensation and similar benefits precluded \nBenefits under an employee pension benefit plan may not vary based on the amount of benefits received by a participant or beneficiary under an applicable worker’s compensation law, unemployment compensation law, or disability insurance law, or on whether the participant or beneficiary is entitled to such benefits..", "id": "HAB6434CB45AB46C4A4B654BBA875527C", "header": "Elimination of integration with workers’ compensation and similar benefits", "nested": [], "links": [] }, { "text": "202. Spousal consent required for distributions from defined contribution plans \n(a) In General \nSection 205(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(b) ) is amended to read as follows: (b) (1) This section shall apply to any defined benefit plan and to any individual account plan. (2) Notwithstanding paragraph (1), this section shall not apply to a plan which the Secretary of the Treasury or his delegate has determined is a plan described in section 404(c) of the Internal Revenue Code of 1986 (or a continuation thereof) in which participation is substantially limited to individuals who, before January 1, 1976, ceased employment covered by the plan.. (b) Hardship distribution \nSection 205 of such Act ( 29 U.S.C. 1055 ) is amended by adding at the end the following new subsection: (m) This section shall not apply to a hardship distribution under section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 1986.. (c) Special rule for cash-outs \nSection 205(g) of such Act ( 29 U.S.C. 1055(g) ) is amended— (1) by adjusting the margination of paragraph (3) so as to align such paragraph with the margination of paragraphs (1) and (2); and (2) by adding at the end the following new paragraph: (4) Special rule for defined contribution plans \n(A) In General \nIn the case of an individual account plan, notwithstanding paragraph (2), if the present value of the qualified joint and survivor annuity or the qualified preretirement survivor annuity exceeds $10,000, the plan shall immediately distribute 50 percent of the present value of such annuity to each spouse, unless otherwise elected in advance by the spouse in writing in accordance with such regulations as the Secretary may prescribe. Section 211 shall apply with respect to each spouse’s rights under this paragraph as if such spouse were an employee referred to in such section. (B) Exception \nThe plan may distribute a different percentage of the present value of an annuity to each spouse if a court order or contractual agreement between the spouses provides for such different percentage..", "id": "HBA379F2EAF564AEAA3CCD34310CF4653", "header": "Spousal consent required for distributions from defined contribution plans", "nested": [ { "text": "(a) In General \nSection 205(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(b) ) is amended to read as follows: (b) (1) This section shall apply to any defined benefit plan and to any individual account plan. (2) Notwithstanding paragraph (1), this section shall not apply to a plan which the Secretary of the Treasury or his delegate has determined is a plan described in section 404(c) of the Internal Revenue Code of 1986 (or a continuation thereof) in which participation is substantially limited to individuals who, before January 1, 1976, ceased employment covered by the plan..", "id": "H2EF6279723CF4FA3AFBE05BF1A690CC", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1055(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "section 404(c)", "legal-doc": "usc", "parsable-cite": "usc/26/404" } ] }, { "text": "(b) Hardship distribution \nSection 205 of such Act ( 29 U.S.C. 1055 ) is amended by adding at the end the following new subsection: (m) This section shall not apply to a hardship distribution under section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 1986..", "id": "H8A7EAAC43BB6414887FAF5FFB882F22", "header": "Hardship distribution", "nested": [], "links": [ { "text": "29 U.S.C. 1055", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "section 401(k)(2)(B)(i)(IV)", "legal-doc": "usc", "parsable-cite": "usc/26/401" } ] }, { "text": "(c) Special rule for cash-outs \nSection 205(g) of such Act ( 29 U.S.C. 1055(g) ) is amended— (1) by adjusting the margination of paragraph (3) so as to align such paragraph with the margination of paragraphs (1) and (2); and (2) by adding at the end the following new paragraph: (4) Special rule for defined contribution plans \n(A) In General \nIn the case of an individual account plan, notwithstanding paragraph (2), if the present value of the qualified joint and survivor annuity or the qualified preretirement survivor annuity exceeds $10,000, the plan shall immediately distribute 50 percent of the present value of such annuity to each spouse, unless otherwise elected in advance by the spouse in writing in accordance with such regulations as the Secretary may prescribe. Section 211 shall apply with respect to each spouse’s rights under this paragraph as if such spouse were an employee referred to in such section. (B) Exception \nThe plan may distribute a different percentage of the present value of an annuity to each spouse if a court order or contractual agreement between the spouses provides for such different percentage..", "id": "HA0A6BD2A08FA42D7A7A200EE58EDC365", "header": "Special rule for cash-outs", "nested": [], "links": [ { "text": "29 U.S.C. 1055(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] } ], "links": [ { "text": "29 U.S.C. 1055(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "section 404(c)", "legal-doc": "usc", "parsable-cite": "usc/26/404" }, { "text": "29 U.S.C. 1055", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "section 401(k)(2)(B)(i)(IV)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "29 U.S.C. 1055(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] }, { "text": "203. Modification of joint and survivor annuity requirements \n(a) Option to elect qualified alternative joint and survivor annuity form of benefit upon waiver of qualified joint and survivor annuity form of benefit \n(1) In general \nSection 205(c)(1)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(1)(A) ) is amended to read as follows: (A) under the plan, each participant— (i) may elect at any time during the applicable election period to waive the qualified joint and survivor annuity form of benefit, (ii) may elect at any time during the applicable election period to waive the qualified preretirement survivor annuity form of benefit, (iii) may elect at any time during the applicable election period, in any case in which the qualified joint and survivor annuity form of benefit is not provided by reason of a waiver under clause (i), to be provided a qualified alternative joint and survivor annuity form of benefit, and (iv) may revoke any such election at any time during the applicable election period, and. (2) Qualified alternative joint and survivor annuity defined \nSection 205(d) of such Act ( 29 U.S.C. 1055(d) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting (1) after (d) ; and (C) by adding at the end the following new paragraph: (2) (A) For purposes of this section, the term qualified alternative joint and survivor annuity means an annuity— (i) for the life of the participant with a survivor annuity for the life of the spouse which is equal to the applicable percentage (determined under subparagraph (B)) of (and not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and (ii) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity form having the effect of an annuity described in the preceding sentence. (B) (i) For purposes of subparagraph (A)— (I) if the base survivor annuity percentage is less than 75 percent, the applicable percentage is 75 percent, and (II) if the base survivor annuity percentage is equal to at least 75 percent, the applicable percentage is 50 percent. (ii) For purposes of clause (i), the term survivor annuity percentage means the percentage which the survivor annuity under the plan’s qualified joint and survivor annuity form of benefit bears to the annuity payable during the joint lives of the participant and the spouse under such form of benefit.. (b) Exemption in the case of plans offering fully subsidized qualified joint and survivor annuities \nSection 205(c)(5) of such Act ( 29 U.S.C. 1055(c)(5) ) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: (B) The requirements of this subsection shall not apply with respect to the qualified alternative joint and survivor annuity form of benefit if the plan fully subsidizes the costs of the qualified joint and survivor annuity form of benefit.. (c) Illustration requirement \nClause (i) of section 205(c)(3)(A) of such Act ( 29 U.S.C. 1055(c)(3)(A) ) is amended to read as follows: (i) the terms and conditions of the qualified joint and survivor annuity form of benefit offered by the plan, the terms and conditions of the qualified preretirement survivor annuity form of benefit offered by the plan, and the terms and conditions of the qualified alternative joint and survivor annuity form of benefit offered by the plan, accompanied by an illustration of the benefits under each such form of benefit for the particular participant and spouse and an acknowledgement form to be signed by the participant and the spouse that they have read and considered the illustration before any election is made pursuant to clause (i) or (ii) of subsection (c)(1)(A).. (d) Rule of construction \nFor purposes of section 204(g) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1054(g) ), a plan shall not be treated as having decreased the accrued benefit of a participant solely by reason of the adoption of a plan amendment under which a qualified alternative joint and survivor annuity form of benefit is added to the plan in accordance with section 205(c)(1)(A)(ii) of such Act (as amended by this section).", "id": "HCEC1DDF64C4C4E908098576EDF6B6868", "header": "Modification of joint and survivor annuity requirements", "nested": [ { "text": "(a) Option to elect qualified alternative joint and survivor annuity form of benefit upon waiver of qualified joint and survivor annuity form of benefit \n(1) In general \nSection 205(c)(1)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(1)(A) ) is amended to read as follows: (A) under the plan, each participant— (i) may elect at any time during the applicable election period to waive the qualified joint and survivor annuity form of benefit, (ii) may elect at any time during the applicable election period to waive the qualified preretirement survivor annuity form of benefit, (iii) may elect at any time during the applicable election period, in any case in which the qualified joint and survivor annuity form of benefit is not provided by reason of a waiver under clause (i), to be provided a qualified alternative joint and survivor annuity form of benefit, and (iv) may revoke any such election at any time during the applicable election period, and. (2) Qualified alternative joint and survivor annuity defined \nSection 205(d) of such Act ( 29 U.S.C. 1055(d) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting (1) after (d) ; and (C) by adding at the end the following new paragraph: (2) (A) For purposes of this section, the term qualified alternative joint and survivor annuity means an annuity— (i) for the life of the participant with a survivor annuity for the life of the spouse which is equal to the applicable percentage (determined under subparagraph (B)) of (and not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse, and (ii) which is the actuarial equivalent of a single annuity for the life of the participant. Such term also includes any annuity form having the effect of an annuity described in the preceding sentence. (B) (i) For purposes of subparagraph (A)— (I) if the base survivor annuity percentage is less than 75 percent, the applicable percentage is 75 percent, and (II) if the base survivor annuity percentage is equal to at least 75 percent, the applicable percentage is 50 percent. (ii) For purposes of clause (i), the term survivor annuity percentage means the percentage which the survivor annuity under the plan’s qualified joint and survivor annuity form of benefit bears to the annuity payable during the joint lives of the participant and the spouse under such form of benefit..", "id": "HC7E99A14374943A100A9BE1A9739961", "header": "Option to elect qualified alternative joint and survivor annuity form of benefit upon waiver of qualified joint and survivor annuity form of benefit", "nested": [], "links": [ { "text": "29 U.S.C. 1055(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "29 U.S.C. 1055(d)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] }, { "text": "(b) Exemption in the case of plans offering fully subsidized qualified joint and survivor annuities \nSection 205(c)(5) of such Act ( 29 U.S.C. 1055(c)(5) ) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: (B) The requirements of this subsection shall not apply with respect to the qualified alternative joint and survivor annuity form of benefit if the plan fully subsidizes the costs of the qualified joint and survivor annuity form of benefit..", "id": "HDECECD92EBD5463899ACC7ED736B94B9", "header": "Exemption in the case of plans offering fully subsidized qualified joint and survivor annuities", "nested": [], "links": [ { "text": "29 U.S.C. 1055(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] }, { "text": "(c) Illustration requirement \nClause (i) of section 205(c)(3)(A) of such Act ( 29 U.S.C. 1055(c)(3)(A) ) is amended to read as follows: (i) the terms and conditions of the qualified joint and survivor annuity form of benefit offered by the plan, the terms and conditions of the qualified preretirement survivor annuity form of benefit offered by the plan, and the terms and conditions of the qualified alternative joint and survivor annuity form of benefit offered by the plan, accompanied by an illustration of the benefits under each such form of benefit for the particular participant and spouse and an acknowledgement form to be signed by the participant and the spouse that they have read and considered the illustration before any election is made pursuant to clause (i) or (ii) of subsection (c)(1)(A)..", "id": "HEA6B7C837F464A07B766766741833277", "header": "Illustration requirement", "nested": [], "links": [ { "text": "29 U.S.C. 1055(c)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] }, { "text": "(d) Rule of construction \nFor purposes of section 204(g) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1054(g) ), a plan shall not be treated as having decreased the accrued benefit of a participant solely by reason of the adoption of a plan amendment under which a qualified alternative joint and survivor annuity form of benefit is added to the plan in accordance with section 205(c)(1)(A)(ii) of such Act (as amended by this section).", "id": "HC68AE06166EE486A8CC835A73F4E8500", "header": "Rule of construction", "nested": [], "links": [ { "text": "29 U.S.C. 1054(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1054" } ] } ], "links": [ { "text": "29 U.S.C. 1055(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "29 U.S.C. 1055(d)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "29 U.S.C. 1055(c)(5)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "29 U.S.C. 1055(c)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" }, { "text": "29 U.S.C. 1054(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1054" } ] }, { "text": "204. Division of pension benefits upon divorce \n(a) In General \nSection 206(d)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d)(3) ) is amended by redesignating subparagraph (N) as subparagraph (O) and by inserting after subparagraph (M) the following new subparagraph: (N) Special rules and procedures for domestic relations orders not specifying division of pension benefits \n(i) In General \nIn any case in which— (I) a domestic relations order (including an annulment or other order of marital dissolution) relates to provision of marital property with respect to a marriage of at least 5 years duration between an individual who is a participant in a pension plan and such individual’s former spouse, (II) such order, and all prior orders (if any) described in subclause (I) relating to such marriage, do not specifically provide that pension benefits were considered by the parties and that no division of such benefits is intended, (III) such order is not a qualified domestic relations order (as determined without regard to this subparagraph) and there is no other prior qualified domestic relations order issued in connection with the dissolution of the marriage to which such order relates, and (IV) the former spouse notifies the plan within the period prescribed under clause (vii) that the former spouse is entitled to benefits under the plan in accordance with the provisions of this subparagraph, such domestic relations order shall be treated as a qualified domestic relations order for purposes of this paragraph. (ii) Amount of benefit \nAny domestic relations order treated as a qualified domestic relations order under clause (i) shall be treated as specifying that the former spouse is entitled to the applicable percentage of the marital share of the participant’s accrued benefit. (iii) Marital share \nFor purposes of clause (ii), the marital share of a participant’s accrued benefit is an amount equal to the product of— (I) such benefit as of the date of the first payment under the plan (to the extent such accrued benefit is vested on the date of the dissolution of the marriage or any later date), and (II) a fraction, the numerator of which is the period of participation by the participant under the plan starting with the date of marriage and ending with the date of dissolution of marriage, and the denominator of which is the total period of participation by the participant under the plan. (iv) Applicable percentage \nFor purposes of clause (ii), the applicable percentage is— (I) except as provided in subclause (II), 50 percent, and (II) in the case of a participant who fails to provide the plan with notice of a domestic relations order within the time prescribed under clause (v), 67 percent. (v) Notice by participant \nEach participant in a pension plan shall, within 60 days after the dissolution of the marriage of the participant— (I) notify the plan administrator of the plan of such dissolution, and (II) provide to the plan administrator a copy of the domestic relations order (including an annulment or other order of marital dissolution) providing for such dissolution and the last known address of the participant’s former spouse. (vi) Notice by plan administrator \nEach plan administrator receiving notice under clause (v) shall promptly notify the former spouse of a participant of such spouse’s rights under this subparagraph, including the time period within which such spouse is required to notify the plan of the spouse’s intention to claim rights under this subparagraph. (vii) Notice by former spouse \nA former spouse may notify the plan administrator of such spouse’s intent to claim rights under this subparagraph at any time before the last day of the 1-year period following receipt of notice under clause (vi). (viii) Coordination with plan procedures \nThe determination under subparagraph (G)(i)(II) with respect to a domestic relations order to which this subparagraph applies shall be made within a reasonable period of time after the plan administrator receives the notice described in clause (vii). (ix) Interpretation as qualified domestic relations order \nEach plan shall establish reasonable rules for determining how any such deemed domestic relations order is to be interpreted under the plan so as to constitute a qualified domestic relations order that satisfies subparagraphs (C) through (E) (and a copy of such rules shall be provided to such former spouse promptly after delivery of the divorce decree). Such rules— (I) may delay the effect of such an order until the earlier of the date the participant is fully vested or has terminated employment, (II) may allow distribution to the former spouse to be made immediately, (III) shall permit the former spouse to be paid not later than the earliest retirement age under the plan or the participant’s death, (IV) may require the submitter of the divorce decree to present a marriage certificate or other evidence of the marriage date to assist in benefit calculations, and (V) may conform to the rules applicable to qualified domestic relations orders regarding form or type of benefit.. (b) Effective date \nThe amendment made by this section shall apply with respect to notifications made by former spouses pursuant to section 206(d)(3)(N)(vii) of the Employee Retirement Income Security Act of 1974 (added by this section) after December 31, 2005.", "id": "H0B83F8C7C78B4493B146BB7129880015", "header": "Division of pension benefits upon divorce", "nested": [ { "text": "(a) In General \nSection 206(d)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d)(3) ) is amended by redesignating subparagraph (N) as subparagraph (O) and by inserting after subparagraph (M) the following new subparagraph: (N) Special rules and procedures for domestic relations orders not specifying division of pension benefits \n(i) In General \nIn any case in which— (I) a domestic relations order (including an annulment or other order of marital dissolution) relates to provision of marital property with respect to a marriage of at least 5 years duration between an individual who is a participant in a pension plan and such individual’s former spouse, (II) such order, and all prior orders (if any) described in subclause (I) relating to such marriage, do not specifically provide that pension benefits were considered by the parties and that no division of such benefits is intended, (III) such order is not a qualified domestic relations order (as determined without regard to this subparagraph) and there is no other prior qualified domestic relations order issued in connection with the dissolution of the marriage to which such order relates, and (IV) the former spouse notifies the plan within the period prescribed under clause (vii) that the former spouse is entitled to benefits under the plan in accordance with the provisions of this subparagraph, such domestic relations order shall be treated as a qualified domestic relations order for purposes of this paragraph. (ii) Amount of benefit \nAny domestic relations order treated as a qualified domestic relations order under clause (i) shall be treated as specifying that the former spouse is entitled to the applicable percentage of the marital share of the participant’s accrued benefit. (iii) Marital share \nFor purposes of clause (ii), the marital share of a participant’s accrued benefit is an amount equal to the product of— (I) such benefit as of the date of the first payment under the plan (to the extent such accrued benefit is vested on the date of the dissolution of the marriage or any later date), and (II) a fraction, the numerator of which is the period of participation by the participant under the plan starting with the date of marriage and ending with the date of dissolution of marriage, and the denominator of which is the total period of participation by the participant under the plan. (iv) Applicable percentage \nFor purposes of clause (ii), the applicable percentage is— (I) except as provided in subclause (II), 50 percent, and (II) in the case of a participant who fails to provide the plan with notice of a domestic relations order within the time prescribed under clause (v), 67 percent. (v) Notice by participant \nEach participant in a pension plan shall, within 60 days after the dissolution of the marriage of the participant— (I) notify the plan administrator of the plan of such dissolution, and (II) provide to the plan administrator a copy of the domestic relations order (including an annulment or other order of marital dissolution) providing for such dissolution and the last known address of the participant’s former spouse. (vi) Notice by plan administrator \nEach plan administrator receiving notice under clause (v) shall promptly notify the former spouse of a participant of such spouse’s rights under this subparagraph, including the time period within which such spouse is required to notify the plan of the spouse’s intention to claim rights under this subparagraph. (vii) Notice by former spouse \nA former spouse may notify the plan administrator of such spouse’s intent to claim rights under this subparagraph at any time before the last day of the 1-year period following receipt of notice under clause (vi). (viii) Coordination with plan procedures \nThe determination under subparagraph (G)(i)(II) with respect to a domestic relations order to which this subparagraph applies shall be made within a reasonable period of time after the plan administrator receives the notice described in clause (vii). (ix) Interpretation as qualified domestic relations order \nEach plan shall establish reasonable rules for determining how any such deemed domestic relations order is to be interpreted under the plan so as to constitute a qualified domestic relations order that satisfies subparagraphs (C) through (E) (and a copy of such rules shall be provided to such former spouse promptly after delivery of the divorce decree). Such rules— (I) may delay the effect of such an order until the earlier of the date the participant is fully vested or has terminated employment, (II) may allow distribution to the former spouse to be made immediately, (III) shall permit the former spouse to be paid not later than the earliest retirement age under the plan or the participant’s death, (IV) may require the submitter of the divorce decree to present a marriage certificate or other evidence of the marriage date to assist in benefit calculations, and (V) may conform to the rules applicable to qualified domestic relations orders regarding form or type of benefit..", "id": "HB0EE47A4D2A04238A0A9D87BF1F410A4", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1056(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1056" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to notifications made by former spouses pursuant to section 206(d)(3)(N)(vii) of the Employee Retirement Income Security Act of 1974 (added by this section) after December 31, 2005.", "id": "H0CE138644AA147C3A02D74B2C3D46E6B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1056(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1056" } ] }, { "text": "205. Periods of family and medical leave treated as hours of service for pension participation and vesting \n(a) Participation \n(1) In General \nParagraph (3) of section 202(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(a)(3) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service— (I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or (II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. (ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph— (I) only in the year in which the absence from work begins, if section 203(b)(2)(E)(ii)(I) requires hours to be credited to the year in which the absence from work begins, or (II) in any other case, in the immediately following year.. (2) Coordination with treatment of maternity and paternity absences under break in service rules \nSubparagraph (A) of section 202(b)(5) of such Act ( 29 U.S.C. 1052(b)(5)(A) ) is amended by adding at the end the following new sentence: The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.. (b) Vesting \n(1) In General \nParagraph (2) of section 203(b) of such Act ( 29 U.S.C. 1053(b)(2) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service— (I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or (II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. (ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph— (I) only in the year in which the absence from work begins, if the participant’s rights in his accrued benefit derived from employer contributions are to any extent not nonforfeitable and the participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or (II) in any other case, in the immediately following year.. (2) Coordination with treatment of maternity and paternity absences under break in service rules \nClause (i) of section 203(b)(3)(E) of such Act ( 29 U.S.C. 1053(b)(3)(E)(i) ) is amended by adding at the end the following new sentence: The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.. (c) Application to current employees \nThe amendments made by this section shall not apply to any employee who does not have at least 1 hour of service in any plan year beginning after December 31, 2005.", "id": "HEC8A30D936D849A6B6B6FFE23156F4A1", "header": "Periods of family and medical leave treated as hours of service for pension participation and vesting", "nested": [ { "text": "(a) Participation \n(1) In General \nParagraph (3) of section 202(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(a)(3) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service— (I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or (II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. (ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph— (I) only in the year in which the absence from work begins, if section 203(b)(2)(E)(ii)(I) requires hours to be credited to the year in which the absence from work begins, or (II) in any other case, in the immediately following year.. (2) Coordination with treatment of maternity and paternity absences under break in service rules \nSubparagraph (A) of section 202(b)(5) of such Act ( 29 U.S.C. 1052(b)(5)(A) ) is amended by adding at the end the following new sentence: The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993..", "id": "HB245160A1ECD45DC9F5D8095685D6C05", "header": "Participation", "nested": [], "links": [ { "text": "29 U.S.C. 1052(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1052(b)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" } ] }, { "text": "(b) Vesting \n(1) In General \nParagraph (2) of section 203(b) of such Act ( 29 U.S.C. 1053(b)(2) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service— (I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or (II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. (ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph— (I) only in the year in which the absence from work begins, if the participant’s rights in his accrued benefit derived from employer contributions are to any extent not nonforfeitable and the participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or (II) in any other case, in the immediately following year.. (2) Coordination with treatment of maternity and paternity absences under break in service rules \nClause (i) of section 203(b)(3)(E) of such Act ( 29 U.S.C. 1053(b)(3)(E)(i) ) is amended by adding at the end the following new sentence: The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993..", "id": "HAE088B83D2054063BD56DF04CE67FD12", "header": "Vesting", "nested": [], "links": [ { "text": "29 U.S.C. 1053(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" }, { "text": "29 U.S.C. 1053(b)(3)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" } ] }, { "text": "(c) Application to current employees \nThe amendments made by this section shall not apply to any employee who does not have at least 1 hour of service in any plan year beginning after December 31, 2005.", "id": "H4EA39F0F40844C83B16204C200DBE5BA", "header": "Application to current employees", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1052(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1052(b)(5)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/1052" }, { "text": "29 U.S.C. 1053(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" }, { "text": "29 U.S.C. 1053(b)(3)(E)(i)", "legal-doc": "usc", "parsable-cite": "usc/29/1053" } ] }, { "text": "206. Right of spouse to know distribution information \nParagraph (3) of section 205(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(3) ) is amended by adding at the end the following new subparagraph: (C) At the time a plan provides a participant with a written explanation under subparagraph (A) or (B), such plan shall provide a copy of such explanation to such participant’s spouse. If the last known address of the spouse is the same as the last known address of the participant, the requirement of the preceding sentence shall be treated as met if the copy referred to in the preceding sentence is included in a single mailing made to such address and addressed to both such participant and spouse..", "id": "H085215D3492243F9A140D2216D645B13", "header": "Right of spouse to know distribution information", "nested": [], "links": [ { "text": "29 U.S.C. 1055(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1055" } ] }, { "text": "207. Repeal of reduction in military Survivor Benefit Plan annuities at age 62 \n(a) Computation of annuity for a spouse, former spouse, or child \nSubsection (a) of section 1451 of title 10, United States Code, is amended— (1) in paragraph (1), by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to 55 percent of the base amount. ; (2) in paragraph (2), by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to a percentage of the base amount that is less than 55 percent and is determined under subsection (f).. (b) Annuities for survivors of certain persons dying during a period of special eligibility for SBP \nSubsection (c)(1) of such section is amended by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to 55 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died determined as follows: (A) In the case of an annuity provided under section 1448(d) of this title (other than in a case covered by subparagraph (B)), such retired pay shall be computed as if the member had been retired under section 1201 of this title on the date of the member’s death with a disability rated as total. (B) In the case of an annuity provided under section 1448(d)(1)(A) of this title by reason of the death of a member not in line of duty, such retired pay shall be computed based upon the member’s years of active service when he died. (C) In the case of an annuity provided under section 1448(f) of this title, such retired pay shall be computed based upon the member or former member’s years of active service when he died computed under section 12733 of this title.. (c) Repeal of requirement for reduction \nSuch section is further amended by striking subsection (d). (d) Repeal of unnecessary supplemental SBP \n(1) Subchapter III of chapter 73 of title 10, United States Code, is repealed. (2) The table of subchapters at the beginning of such chapter is amended by striking the item relating to subchapter III. (e) Effective date \nThe amendments made by this section shall take effect on October 1, 2005, and shall apply with respect to annuity payments for months beginning on or after that date.", "id": "H44BEF64A6B99406F94DA4C6605033646", "header": "Repeal of reduction in military Survivor Benefit Plan annuities at age 62", "nested": [ { "text": "(a) Computation of annuity for a spouse, former spouse, or child \nSubsection (a) of section 1451 of title 10, United States Code, is amended— (1) in paragraph (1), by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to 55 percent of the base amount. ; (2) in paragraph (2), by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to a percentage of the base amount that is less than 55 percent and is determined under subsection (f)..", "id": "H910BC416CA334F7A81CB00F01148C3BF", "header": "Computation of annuity for a spouse, former spouse, or child", "nested": [], "links": [ { "text": "section 1451", "legal-doc": "usc", "parsable-cite": "usc/10/1451" } ] }, { "text": "(b) Annuities for survivors of certain persons dying during a period of special eligibility for SBP \nSubsection (c)(1) of such section is amended by striking shall be determined as follows: and all that follows and inserting the following: shall be the amount equal to 55 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay based upon his years of active service when he died determined as follows: (A) In the case of an annuity provided under section 1448(d) of this title (other than in a case covered by subparagraph (B)), such retired pay shall be computed as if the member had been retired under section 1201 of this title on the date of the member’s death with a disability rated as total. (B) In the case of an annuity provided under section 1448(d)(1)(A) of this title by reason of the death of a member not in line of duty, such retired pay shall be computed based upon the member’s years of active service when he died. (C) In the case of an annuity provided under section 1448(f) of this title, such retired pay shall be computed based upon the member or former member’s years of active service when he died computed under section 12733 of this title..", "id": "H8517F0405CDE42EBA15F16A9E04CB24D", "header": "Annuities for survivors of certain persons dying during a period of special eligibility for SBP", "nested": [], "links": [] }, { "text": "(c) Repeal of requirement for reduction \nSuch section is further amended by striking subsection (d).", "id": "H1BD0892DB5654A6D99554100F4A1AE43", "header": "Repeal of requirement for reduction", "nested": [], "links": [] }, { "text": "(d) Repeal of unnecessary supplemental SBP \n(1) Subchapter III of chapter 73 of title 10, United States Code, is repealed. (2) The table of subchapters at the beginning of such chapter is amended by striking the item relating to subchapter III.", "id": "HF187719964F04A81B1362EBA00302BC1", "header": "Repeal of unnecessary supplemental SBP", "nested": [], "links": [ { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall take effect on October 1, 2005, and shall apply with respect to annuity payments for months beginning on or after that date.", "id": "HA44CABF724714ABAAFC67B09D1D4B1F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 1451", "legal-doc": "usc", "parsable-cite": "usc/10/1451" }, { "text": "chapter 73", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/73" } ] }, { "text": "208. Survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining age for deferred annuity under Civil Service Retirement System \n(a) Benefits for widow or widower \nSection 8341(f) of title 5, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by inserting a former employee separated from the service with title to deferred annuity from the Fund dies before having established a valid claim for annuity and is survived by a spouse, or if before a Member ; and (B) by inserting of such former employee or Member after the surviving spouse ; (2) in paragraph (1)— (A) by inserting former employee or before Member commencing ; and (B) by inserting former employee or before Member dies ; and (3) in the undesignated sentence following paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting former employee or before Member ; and (B) in subparagraph (B), by inserting former employee or before Member. (b) Benefits for former spouse \nSection 8341(h) of title 5, United States Code, is amended— (1) in paragraph (1), by inserting former employee entitled to a deferred annuity under section 8338(a) of this title, after employee, Member, annuitant, ; and (2) in paragraph (2)— (A) in subparagraph (A)(ii) by striking or annuitant, and inserting annuitant, or former employee ; and (B) in subparagraph (B)(iii) by inserting former employee or before Member. (c) Protection of survivor benefit rights \nSection 8339(j)(3) of title 5, United States Code, is amended by adding at the end the following: The Office shall provide by regulation for the application of this subsection to the widow, widower, or surviving former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity.. (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only in the case of a former employee who dies on or after such date.", "id": "H28CBD567DBF64582AC6728ACF71D996F", "header": "Survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining age for deferred annuity under Civil Service Retirement System", "nested": [ { "text": "(a) Benefits for widow or widower \nSection 8341(f) of title 5, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by inserting a former employee separated from the service with title to deferred annuity from the Fund dies before having established a valid claim for annuity and is survived by a spouse, or if before a Member ; and (B) by inserting of such former employee or Member after the surviving spouse ; (2) in paragraph (1)— (A) by inserting former employee or before Member commencing ; and (B) by inserting former employee or before Member dies ; and (3) in the undesignated sentence following paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting former employee or before Member ; and (B) in subparagraph (B), by inserting former employee or before Member.", "id": "H21494507291F4F3F9985689240D0C396", "header": "Benefits for widow or widower", "nested": [], "links": [ { "text": "Section 8341(f)", "legal-doc": "usc", "parsable-cite": "usc/5/8341" } ] }, { "text": "(b) Benefits for former spouse \nSection 8341(h) of title 5, United States Code, is amended— (1) in paragraph (1), by inserting former employee entitled to a deferred annuity under section 8338(a) of this title, after employee, Member, annuitant, ; and (2) in paragraph (2)— (A) in subparagraph (A)(ii) by striking or annuitant, and inserting annuitant, or former employee ; and (B) in subparagraph (B)(iii) by inserting former employee or before Member.", "id": "HDAF657F2509C4E9C8789280004AF4C58", "header": "Benefits for former spouse", "nested": [], "links": [ { "text": "Section 8341(h)", "legal-doc": "usc", "parsable-cite": "usc/5/8341" } ] }, { "text": "(c) Protection of survivor benefit rights \nSection 8339(j)(3) of title 5, United States Code, is amended by adding at the end the following: The Office shall provide by regulation for the application of this subsection to the widow, widower, or surviving former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity..", "id": "HD48EA89E8ABC471387598CA7FCAA9CD2", "header": "Protection of survivor benefit rights", "nested": [], "links": [ { "text": "Section 8339(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/5/8339" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only in the case of a former employee who dies on or after such date.", "id": "H7BAB466FFC914A989EB84318F8CF8EFE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 8341(f)", "legal-doc": "usc", "parsable-cite": "usc/5/8341" }, { "text": "Section 8341(h)", "legal-doc": "usc", "parsable-cite": "usc/5/8341" }, { "text": "Section 8339(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/5/8339" } ] }, { "text": "209. Order of precedence for disposition of amounts remaining in the thrift savings account of a Federal employee (or former employee) who dies before making an effective election controlling such disposition \n(a) In general \nSection 8433(e) of title 5, United States Code, is amended— (1) by striking (e) and inserting (e)(1) ; (2) by striking all that follows paid and inserting in accordance with paragraph (2). ; and (3) by adding at the end the following: (2) An amount under paragraph (1) shall be paid in a manner consistent with the provisions of section 8424(d), except that, in applying the order of precedence under such provisions— (A) the widow or widower of the decedent shall be the first party entitled to receive (instead of any designated beneficiary); and (B) if there is no widow or widower, the party next entitled to receive shall be the beneficiary or beneficiaries designated by the employee or Member (or former employee or Member) in accordance with the procedures that would otherwise normally apply, subject to such additional conditions as the Executive Director shall by regulation prescribe based on section 205(c)(2) of the Employee Retirement Income Security Act of 1974 (relating to spousal consent requirements).. (b) Effective date \nThis section and the amendment made by this section shall take effect on the 90th day after the date of the enactment of this Act, and shall apply in the case of any individual who dies on or after such 90th day.", "id": "HBDA1BEAA317E4850BAA9E0E79D3205A8", "header": "Order of precedence for disposition of amounts remaining in the thrift savings account of a Federal employee (or former employee) who dies before making an effective election controlling such disposition", "nested": [ { "text": "(a) In general \nSection 8433(e) of title 5, United States Code, is amended— (1) by striking (e) and inserting (e)(1) ; (2) by striking all that follows paid and inserting in accordance with paragraph (2). ; and (3) by adding at the end the following: (2) An amount under paragraph (1) shall be paid in a manner consistent with the provisions of section 8424(d), except that, in applying the order of precedence under such provisions— (A) the widow or widower of the decedent shall be the first party entitled to receive (instead of any designated beneficiary); and (B) if there is no widow or widower, the party next entitled to receive shall be the beneficiary or beneficiaries designated by the employee or Member (or former employee or Member) in accordance with the procedures that would otherwise normally apply, subject to such additional conditions as the Executive Director shall by regulation prescribe based on section 205(c)(2) of the Employee Retirement Income Security Act of 1974 (relating to spousal consent requirements)..", "id": "HEF5CD0F2802D452EAA7902A1ABF36F03", "header": "In general", "nested": [], "links": [ { "text": "Section 8433(e)", "legal-doc": "usc", "parsable-cite": "usc/5/8433" } ] }, { "text": "(b) Effective date \nThis section and the amendment made by this section shall take effect on the 90th day after the date of the enactment of this Act, and shall apply in the case of any individual who dies on or after such 90th day.", "id": "H032B9D7B5A0F496E9F3DD79579049498", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 8433(e)", "legal-doc": "usc", "parsable-cite": "usc/5/8433" } ] }, { "text": "210. Amendments relating to effective date provision of the Civil Service Retirement Spouse Equity Act of 1984 \n(a) Elimination of certain bars to eligibility \nSection 4(b) of the Civil Service Retirement Spouse Equity Act of 1984 ( 5 U.S.C. 8341 note) is amended— (1) in paragraph (1)(B)(i), by striking after September 14, 1978, and ; and (2) by repealing paragraph (4). (b) New deadline for applications \n(1) In general \nSection 4(b)(1)(B)(iv) of the Civil Service Retirement Spouse Equity Act of 1984 is amended by striking May 7, 1989 and inserting May 7th of the year following the year in which the Retirement Enhancement Act of 2004 is enacted. (2) Authority to waive deadline \nSection 4(b) of the Civil Service Retirement Spouse Equity Act of 1984 is amended by adding at the end the following: (6) (A) The Director of the Office of Personnel Management may waive the deadline under paragraph (1)(B)(iv) in any case in which the Director determines that the circumstances so warrant. (B) In making a determination under this paragraph, one of the factors which may be taken into account is whether the individual involved has previously submitted a timely application under this section— (i) which was denied; but (ii) which, based on criteria applied under this section pursuant to changes in law subsequent to the denial, would have been approved..", "id": "H6CD23EE4809D433FB2630021BD26ED5D", "header": "Amendments relating to effective date provision of the Civil Service Retirement Spouse Equity Act of 1984", "nested": [ { "text": "(a) Elimination of certain bars to eligibility \nSection 4(b) of the Civil Service Retirement Spouse Equity Act of 1984 ( 5 U.S.C. 8341 note) is amended— (1) in paragraph (1)(B)(i), by striking after September 14, 1978, and ; and (2) by repealing paragraph (4).", "id": "H5EA4328B4C4345F586D7BF6B00F7E1B2", "header": "Elimination of certain bars to eligibility", "nested": [], "links": [ { "text": "5 U.S.C. 8341", "legal-doc": "usc", "parsable-cite": "usc/5/8341" } ] }, { "text": "(b) New deadline for applications \n(1) In general \nSection 4(b)(1)(B)(iv) of the Civil Service Retirement Spouse Equity Act of 1984 is amended by striking May 7, 1989 and inserting May 7th of the year following the year in which the Retirement Enhancement Act of 2004 is enacted. (2) Authority to waive deadline \nSection 4(b) of the Civil Service Retirement Spouse Equity Act of 1984 is amended by adding at the end the following: (6) (A) The Director of the Office of Personnel Management may waive the deadline under paragraph (1)(B)(iv) in any case in which the Director determines that the circumstances so warrant. (B) In making a determination under this paragraph, one of the factors which may be taken into account is whether the individual involved has previously submitted a timely application under this section— (i) which was denied; but (ii) which, based on criteria applied under this section pursuant to changes in law subsequent to the denial, would have been approved..", "id": "H469DACD52AFF4E1AA8226346BBE92C1D", "header": "New deadline for applications", "nested": [], "links": [] } ], "links": [ { "text": "5 U.S.C. 8341", "legal-doc": "usc", "parsable-cite": "usc/5/8341" } ] }, { "text": "211. Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee \n(a) In general \nSection 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (1) in subsection (c)(4)(i), by striking (A) is entitled to an annuity under subsection (a)(1) and (B) ; and (2) in subsection (e)(5), by striking or divorced wife the second place it appears. (b) Effective date \nThe amendments made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "HC67B6C844F684E2CBF8EAFC6CB00FC31", "header": "Entitlement of divorced spouses to railroad retirement annuities independent of actual entitlement of employee", "nested": [ { "text": "(a) In general \nSection 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (1) in subsection (c)(4)(i), by striking (A) is entitled to an annuity under subsection (a)(1) and (B) ; and (2) in subsection (e)(5), by striking or divorced wife the second place it appears.", "id": "H7A624C5A6D2E4D9B840044B4387E9198", "header": "In general", "nested": [], "links": [ { "text": "45 U.S.C. 231a", "legal-doc": "usc", "parsable-cite": "usc/45/231a" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "H1F7E2AD41F0946A392B665C1E938BAEF", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "45 U.S.C. 231a", "legal-doc": "usc", "parsable-cite": "usc/45/231a" } ] }, { "text": "212. Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements \n(a) In general \nSection 5 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231d ) is amended by adding at the end the following: (d) Notwithstanding any other provision of law, the payment of any portion of an annuity computed under section 3(b) to a surviving former spouse in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree shall not be terminated upon the death of the individual who performed the service with respect to which such annuity is so computed unless such termination is otherwise required by the terms of such court decree.. (b) Effective date \nThe amendment made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "HBB127EFD0C8645D0847314DCE5B703C0", "header": "Extension of tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements", "nested": [ { "text": "(a) In general \nSection 5 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231d ) is amended by adding at the end the following: (d) Notwithstanding any other provision of law, the payment of any portion of an annuity computed under section 3(b) to a surviving former spouse in accordance with a court decree of divorce, annulment, or legal separation or the terms of any court-approved property settlement incident to any such court decree shall not be terminated upon the death of the individual who performed the service with respect to which such annuity is so computed unless such termination is otherwise required by the terms of such court decree..", "id": "H2206D7BB2368443DB1FBBB49BEFB5383", "header": "In general", "nested": [], "links": [ { "text": "45 U.S.C. 231d", "legal-doc": "usc", "parsable-cite": "usc/45/231d" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect 1 year after the date of the enactment of this Act.", "id": "H019299036A414A8E8FA331286337E3C0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "45 U.S.C. 231d", "legal-doc": "usc", "parsable-cite": "usc/45/231d" } ] }, { "text": "301. Exemption from prohibited transaction rules for certain aborted emergent transactions \n(a) Amendments to the Employee Retirement Income Security Act of 1974 \nSection 408 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108 ) is amended by adding at the end the following new subsection: (g) (1) Pursuant to regulations issued by the Secretary, in the case of a qualifying transaction between an employee benefit plan and an eligible person which would, but for this subsection, be in violation of a restriction imposed by section 406 or 407(a), if— (A) the eligible person submits to the Secretary, not later than 60 days after the date of the transaction, an application for an exemption under subsection (a) from such restriction in the case of such transaction, (B) the Secretary determines not to grant the exemption, and (C) the transaction is reversed within 60 days after the date of the Secretary’s determination, then the transaction shall be exempted under subsection (a) from treatment as a violation of such restriction. (2) For purposes of this subsection— (A) The term qualifying transaction means, in connection with an eligible person, a transaction between an employee benefit plan and such eligible person constituting the purchase or sale of a financial product, if— (i) prior to engaging in the transaction, the plan acquires from the eligible person a sufficient guarantee, consisting of a letter of credit or other form of written guarantee, issued by a bank or similar financial institution (other than the eligible person requesting the exemption or an affiliate) regulated and supervised by, and subject to periodic examination by, an agency of a State or of the Federal Government, in a stated amount equal, as of the close of business on the day preceding the transaction, to not less than 100 percent of the amount of plan assets involved in the transaction, plus interest on that amount at a rate determined by the parties to the transaction, or in the absence of such determination, an interest rate equal to the underpayment rate defined in section 6621(a)(2) of the Internal Revenue Code of 1986, (ii) the eligible person receives in such transaction not more than reasonable compensation, (iii) such transaction is expressly approved by an independent fiduciary who has investment authority with respect to the plan assets involved in the transaction, and (iv) immediately after the acquisition of the financial product— (I) the fair market value of such financial product does not exceed 1 percent of the fair market value of the assets of the plan, and (II) the aggregate fair market value of all outstanding financial products acquired by the plan from the eligible person pursuant to this subsection does not exceed 5 percent of the fair market value of the assets of the plan. (3) For purposes of this subsection— (A) A guarantee referred to in paragraph (2) is sufficient if such guarantee is irrevocable and, under the terms of the guarantee, if the Secretary determines not to grant the exemption, the plan has the unconditional right to apply the amounts under the guarantee to any losses suffered and to the payment of interest determined under the terms of the transaction. A guarantee shall not be treated as failing to be sufficient solely because, under the terms of the guarantee, if the Secretary grants the exemption, the guarantee may expire without any payments made to the plan. (B) The term eligible person means a person that— (i) consists of— (I) a bank as defined in section 202(a)(2) of the Investment Advisers Act of 1940 , (II) an investment adviser registered under the Investment Advisers Act of 1940 , (III) an insurance company which is qualified to do business in more than one State, or (IV) a broker-dealer registered under the Securities Exchange Act of 1934 , (ii) has shareholders’ or partners’ equity in excess of $1,000,000, and (iii) is not described in section 411.. (b) Effective date \nThe amendment made by this section shall apply with respect to transactions occurring after December 31, 2005.", "id": "HEF815626FEBE4211951F9C2B62D606A", "header": "Exemption from prohibited transaction rules for certain aborted emergent transactions", "nested": [ { "text": "(a) Amendments to the Employee Retirement Income Security Act of 1974 \nSection 408 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108 ) is amended by adding at the end the following new subsection: (g) (1) Pursuant to regulations issued by the Secretary, in the case of a qualifying transaction between an employee benefit plan and an eligible person which would, but for this subsection, be in violation of a restriction imposed by section 406 or 407(a), if— (A) the eligible person submits to the Secretary, not later than 60 days after the date of the transaction, an application for an exemption under subsection (a) from such restriction in the case of such transaction, (B) the Secretary determines not to grant the exemption, and (C) the transaction is reversed within 60 days after the date of the Secretary’s determination, then the transaction shall be exempted under subsection (a) from treatment as a violation of such restriction. (2) For purposes of this subsection— (A) The term qualifying transaction means, in connection with an eligible person, a transaction between an employee benefit plan and such eligible person constituting the purchase or sale of a financial product, if— (i) prior to engaging in the transaction, the plan acquires from the eligible person a sufficient guarantee, consisting of a letter of credit or other form of written guarantee, issued by a bank or similar financial institution (other than the eligible person requesting the exemption or an affiliate) regulated and supervised by, and subject to periodic examination by, an agency of a State or of the Federal Government, in a stated amount equal, as of the close of business on the day preceding the transaction, to not less than 100 percent of the amount of plan assets involved in the transaction, plus interest on that amount at a rate determined by the parties to the transaction, or in the absence of such determination, an interest rate equal to the underpayment rate defined in section 6621(a)(2) of the Internal Revenue Code of 1986, (ii) the eligible person receives in such transaction not more than reasonable compensation, (iii) such transaction is expressly approved by an independent fiduciary who has investment authority with respect to the plan assets involved in the transaction, and (iv) immediately after the acquisition of the financial product— (I) the fair market value of such financial product does not exceed 1 percent of the fair market value of the assets of the plan, and (II) the aggregate fair market value of all outstanding financial products acquired by the plan from the eligible person pursuant to this subsection does not exceed 5 percent of the fair market value of the assets of the plan. (3) For purposes of this subsection— (A) A guarantee referred to in paragraph (2) is sufficient if such guarantee is irrevocable and, under the terms of the guarantee, if the Secretary determines not to grant the exemption, the plan has the unconditional right to apply the amounts under the guarantee to any losses suffered and to the payment of interest determined under the terms of the transaction. A guarantee shall not be treated as failing to be sufficient solely because, under the terms of the guarantee, if the Secretary grants the exemption, the guarantee may expire without any payments made to the plan. (B) The term eligible person means a person that— (i) consists of— (I) a bank as defined in section 202(a)(2) of the Investment Advisers Act of 1940 , (II) an investment adviser registered under the Investment Advisers Act of 1940 , (III) an insurance company which is qualified to do business in more than one State, or (IV) a broker-dealer registered under the Securities Exchange Act of 1934 , (ii) has shareholders’ or partners’ equity in excess of $1,000,000, and (iii) is not described in section 411..", "id": "H2D77C84377DE422AA5020219CC56E048", "header": "Amendments to the Employee Retirement Income Security Act of 1974", "nested": [], "links": [ { "text": "29 U.S.C. 1108", "legal-doc": "usc", "parsable-cite": "usc/29/1108" }, { "text": "section 6621(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/6621" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to transactions occurring after December 31, 2005.", "id": "HBF895164136B4C26944B32B86E8D00B1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1108", "legal-doc": "usc", "parsable-cite": "usc/29/1108" }, { "text": "section 6621(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/6621" } ] }, { "text": "302. Prohibited transaction exemption for the provision of investment advice \nLAJohnston: Language inserted from HR3445 (107th) on 10/1/04, replacing language that had been included from HR2101 (108th) (a) Amendments to the Employee Retirement Income Security Act of 1974 \n(1) In General \nSection 408(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (14) (A) Any transaction described in subparagraph (B) in connection with the provision of investment advice described in section 3(21)(A)(ii), in any case in which— (i) the plan provides for individual accounts and permits a participant or beneficiary to exercise control over assets in his or her account, (ii) the advice is qualified investment advice provided to a participant or beneficiary of the plan by a fiduciary adviser in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of plan assets, and (iii) the requirements of subsection (g) are met in connection with each instance of the provision of the advice. (B) The transactions described in this subparagraph are the following: (i) the provision of the advice to the participant or beneficiary; (ii) the sale, acquisition, or holding of a security or other property (including any lending of money or other extension of credit associated with the sale, acquisition, or holding of a security or other property) pursuant to the advice; and (iii) the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate thereof (or any employee, agent, or registered representative of the fiduciary adviser or affiliate) in connection with the provision of the advice.. (2) Requirements \nSection 408 of such Act is amended further by adding at the end the following new subsection: (g) Requirements for exemption from prohibited transactions with respect to provision of investment advice \n(1) In General \nThe requirements of this subsection are met in connection with the provision of qualified investment advice provided to a participant or beneficiary of an employee benefit plan by a fiduciary adviser with respect to the plan in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of amounts held by the plan, if the requirements of the following subparagraphs are met: (A) Written disclosures \nAt a time contemporaneous with the provision of the advice in connection with the sale, acquisition, or holding of the security or other property, the fiduciary adviser shall provide to the recipient of the advice a clear and conspicuous notification, written in a manner to be reasonably understood by the average plan participant pursuant to regulations which shall be prescribed by the Secretary (including mathematical examples), of the following: (i) Interests held by the fiduciary adviser \nAny interest of the fiduciary adviser in, or any affiliation or contractual relationship of the fiduciary adviser (or affiliates thereof) with any third party having an interest in, the security or other property. (ii) Related fees or compensation in connection with the provision of the advice \nAll fees or other compensation relating to the advice (including fees or other compensation itemized with respect to each security or other property with respect to which the advice is provided) that the fiduciary adviser (or any affiliate thereof) is to receive (including compensation provided by any third party) in connection with the provision of the advice or in connection with the sale, acquisition, or holding of the security or other property. (iii) Ongoing fees or compensation in connection with the security or property involved \nAll fees or other compensation that the fiduciary adviser (or any affiliate thereof) is to receive, on an ongoing basis, in connection with any security or other property with respect to which the fiduciary adviser gives the advice. (iv) Applicable limitations on scope of advice \nAny limitation placed (in accordance with the requirements of this subsection) on the scope of the advice to be provided by the fiduciary adviser with respect to the sale, acquisition, or holding of the security or other property. (v) Types of services generally offered \nThe types of services offered by the fiduciary adviser in connection with the provision of qualified investment advice by the fiduciary adviser. (vi) Fiduciary status of the fiduciary adviser \nThat the fiduciary advisor is a fiduciary of the plan. (B) Disclosure by fiduciary adviser in accordance with applicable securities laws \nThe fiduciary adviser shall provide appropriate disclosure, in connection with the sale, acquisition, or holding of the security or other property, in accordance with all applicable securities laws. (C) Transaction occurring solely at direction of recipient of advice \nThe sale, acquisition, or holding of the security or other property shall occur solely at the direction of the recipient of the advice. (D) Reasonable compensation \nThe compensation received by the fiduciary adviser and affiliates thereof in connection with the sale, acquisition, or holding of the security or other property shall be reasonable. (E) Arm’s length transaction \nThe terms of the sale, acquisition, or holding of the security or other property shall be at least as favorable to the plan as an arm’s length transaction would be. (2) Continued availability of information for at least 1 year \nThe requirements of paragraph (1)(A) shall be deemed not to have been met in connection with the initial or any subsequent provision of advice described in paragraph (1) if, at any time during the 1-year period following the provision of the advice, the fiduciary adviser fails to maintain the information described in clauses (i) through (iv) of subparagraph (A) in currently accurate form or to make the information available, upon request and without charge, to the recipient of the advice. (3) Evidence of compliance maintained for at least 6 years \nA fiduciary adviser referred to in paragraph (1) who has provided advice referred to in such paragraph shall, for a period of not less than 6 years after the provision of the advice, maintain any records necessary for determining whether the requirements of the preceding provisions of this subsection and of subsection (b)(14) have been met. A transaction prohibited under section 406 shall not be considered to have occurred solely because the records are lost or destroyed prior to the end of the 6-year period due to circumstances beyond the control of the fiduciary adviser. (4) Model disclosure forms \nThe Secretary shall prescribe regulations setting forth model disclosure forms to assist fiduciary advisers in complying with the disclosure requirements of this subsection. (5) Exemption for employers contracting for qualified investment advice \n(A) Reliance on contractual arrangements \nSubject to subparagraph (B), a plan sponsor or other person who is a fiduciary (other than a fiduciary adviser) shall not be treated as failing to meet the requirements of this part solely by reason of the provision of qualified investment advice (or solely by reason of contracting for or otherwise arranging for the provision of the investment advice), if— (i) the advice is provided by a fiduciary adviser pursuant to an arrangement between the plan sponsor or other fiduciary and the fiduciary adviser for the provision by the fiduciary adviser of qualified investment advice, and (ii) the terms of the arrangement require compliance by the fiduciary adviser with the requirements of this subsection. (B) Continued duty for employer to prudently select and review fiduciary advisers \nNothing in subparagraph (A) shall be construed to exempt a plan sponsor or other person who is a fiduciary from any requirement of this part for the prudent selection and periodic review of a fiduciary adviser with whom the plan sponsor or other person enters into an arrangement for the provision of qualified investment advice. The plan sponsor or other person who is a fiduciary shall not be liable under this part with respect to the specific qualified investment advice given by the fiduciary adviser to any particular recipient of the advice. Pursuant to regulations which shall be prescribed by the Secretary, the fiduciary adviser shall provide appropriate disclosures to the plan sponsor to enable the plan sponsor to fulfill its fiduciary responsibilities under this part. In connection with the provision of the advice by a fiduciary adviser on an ongoing basis, such regulations shall provide for such disclosures on at least an annual basis. (C) Plan assets may be used to pay reasonable expenses \nNothing in this part shall be construed to preclude the use of plan assets to pay for reasonable expenses in providing qualified investment advice. (6) Annual reviews by the Secretary \nThe Secretary shall conduct annual reviews of randomly selected fiduciary advisers providing qualified investment advice to participants and beneficiaries. In the case of each review, the Secretary shall review the following: (A) Compliance by advice computer models with generally accepted investment management principles \nThe extent to which advice computer models employed by the fiduciary adviser comply with generally accepted investment management principles. (B) Compliance with disclosure requirements \nThe extent to which disclosures provided by the fiduciary adviser have complied with the requirements of this subsection. (C) Extent of violations \nThe extent to which any violations of fiduciary duties have occurred in connection with the provision of the advice. (D) Extent of reported complaints \nThe extent to which complaints to relevant agencies have been made in connection with the provision of the advice. Any proprietary information obtained by the Secretary shall be treated as confidential. (7) Duty of conflicted fiduciary adviser to provide for alternative independent advice \n(A) In General \nIn connection with any qualified investment advice provided by a fiduciary adviser to a participant or beneficiary regarding any security or other property, if the fiduciary adviser— (i) has an interest in the security or other property, or (ii) has an affiliation or contractual relationship with any third party that has an interest in the security or other property, the requirements of paragraph (1) shall be treated as not met in connection with the advice unless the fiduciary adviser has arranged, as an alternative to the advice that would otherwise be provided by the fiduciary advisor, for qualified investment advice with respect to the security or other property provided by at least one alternative investment adviser meeting the requirements of subparagraph (B). (B) Independence and qualifications of alternative investment adviser \nAny alternative investment adviser whose qualified investment advice is arranged for by a fiduciary adviser pursuant to subparagraph (A)— (i) shall have no material interest in, and no material affiliation or contractual relationship with any third party having a material interest in, the security or other property with respect to which the investment adviser is providing the advice, and (ii) shall meet the requirements of a fiduciary adviser under paragraph (8)(A), except that an alternative investment adviser may not be a fiduciary of the plan other than in connection with the provision of the advice. (C) Scope and fees of alternative investment advice \nAny qualified investment advice provided pursuant to this paragraph by an alternative investment adviser shall be of the same type and scope, and provided under the same terms and conditions (including no additional charge to the participant or beneficiary), as apply with respect to the qualified investment advice to be provided by the fiduciary adviser. (8) Fiduciary adviser defined \nFor purposes of this subsection and subsection (b)(14)— (A) In General \nThe term fiduciary adviser means, with respect to a plan, a person who— (i) is a fiduciary of the plan by reason of the provision of qualified investment advice by such person to a participant or beneficiary, (ii) meets the qualifications of subparagraph (B), and (iii) meets the additional requirements of subparagraph (C). (B) Qualifications \nA person meets the qualifications of this subparagraph if such person— (i) is registered as an investment adviser under the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ), (ii) if not registered as an investment adviser under such Act by reason of section 203A(a)(1) of such Act (15 U.S.C. 80b–3a(a)(1)), is registered under the laws of the State in which the fiduciary maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such State in order to maintain the fiduciary’s registration under the laws of such State, also filed a copy of such form with the Secretary, (iii) is registered as a broker or dealer under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), (iv) is a bank or similar financial institution referred to in section 408(b)(4), (v) is an insurance company qualified to do business under the laws of a State, or (vi) is any other comparable entity which satisfies such criteria as the Secretary determines appropriate. (C) Additional requirements with respect to certain employees or other agents of certain advisers \nA person meets the additional requirements of this subparagraph if every individual who is employed (or otherwise compensated) by such person and whose scope of duties includes the provision of qualified investment advice on behalf of such person to any participant or beneficiary is— (i) a registered representative of such person, (ii) an individual described in subclause (I), (II), or (III) of subparagraph (A)(ii), or (iii) such other comparable qualified individual as may be designated in regulations of the Secretary. (9) Additional definitions \nFor purposes of this subsection and subsection (b)(14)— (A) Qualified investment advice \nThe term qualified investment advice means, in connection with a participant or beneficiary, investment advice referred to in section 3(21)(A)(ii) which— (i) consists of an individualized recommendation to the participant or beneficiary with respect to the purchase, sale, or retention of securities or other property for the individual account of the participant or beneficiary, in accordance with generally accepted investment management principles, and (ii) takes into account all investment options under the plan. (B) Affiliate \nThe term affiliate of another entity means an affiliated person of such entity (as defined in section 2(a)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(3) )). (C) Registered representative \nThe term registered representative of another entity means a person described in section 3(a)(18) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(18) ) (substituting such entity for the broker or dealer referred to in such section) or a person described in section 202(a)(17) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(17) ) (substituting such entity for the investment adviser referred to in such section).. (b) Enforcement \n(1) Liability for breach \n(A) Liability in connection with individual account plans \nSection 409 of such Act ( 29 U.S.C. 1109 ) is amended by adding at the end the following new subsection: (c) (1) In any case in which the provision by a fiduciary adviser of qualified investment advice to a participant or beneficiary regarding any security or other property consists of a breach described in subsection (a), the fiduciary adviser shall be personally liable to make good to the individual account of the participant or beneficiary any losses to the individual account resulting from the breach, and to restore to the individual account any profits of the fiduciary adviser which have been made through use of assets of the individual account by— (A) the fiduciary adviser, or (B) any other party with respect to whom a material affiliation or contractual relationship of the fiduciary adviser resulted in a violation of section 408(g)(1)(A) in connection with the advice. (2) In the case of any action under this title by a participant or beneficiary against a fiduciary adviser for relief under this subsection in connection with the provision of any qualified investment advice— (A) if the participant or beneficiary shows that the fiduciary adviser had any interest in, or had any affiliation or contractual relationship with a third party having an interest in, the security or other property, there shall be a presumption (rebuttable by a preponderance of the evidence) that the fiduciary adviser failed to meet the requirements of subparagraphs (A) and (B) of section 404(a)(1) in connection with the provision of the advice, and (B) the dispute may be settled by arbitration, but only pursuant to terms and conditions established by agreement entered into voluntarily by both parties after the commencement of the dispute. (3) For purposes of this subsection, the terms fiduciary adviser and qualified investment advice shall have the meanings provided such terms in subparagraphs (A) and (B), respectively, of section 406(g)(7).. (B) Limitation on exemption from liability \nSection 403(c) of such Act ( 29 U.S.C. 1104(c) ) is amended— (i) by redesignating paragraph (2) as paragraph (3) (and by adjusting the margination of such paragraph to full measure and adjusting the margination of subparagraphs (A) through (B) thereof accordingly); and (ii) by inserting after paragraph (1) the following new paragraph: (2) (A) In any case in which— (i) a participant or beneficiary exercises control over the assets in his or her account by means of a sale, acquisition, or holding of a security or other property with regard to which qualified investment advice was provided by a fiduciary adviser, and (ii) any transaction in connection with the exercise of such control is not a prohibited transaction solely by reason of section 408(b)(14), paragraph (1) shall not apply with respect to the fiduciary adviser in connection with the provision of the advice. (B) For purposes of this subsection, the terms fiduciary adviser and qualified investment advice shall have the meanings provided such terms in subparagraphs (A) and (B), respectively, of section 408(g)(7).. (2) Attorney’s fees \nSection 502(g) of such Act ( 29 U.S.C. 1132(g) ) is amended— (A) in paragraph (1), by inserting or (3) after paragraph (2) ; and (B) by adding at the end the following new paragraph: (3) In any action under this title by the participant or beneficiary against a fiduciary adviser for relief under section 409(c) in which the plaintiff prevails, the court shall allow a reasonable attorney’s fee and costs of action to the prevailing plaintiff.. (3) Applicability of State fraud laws \nSection 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (A) by redesignating paragraph (9) as paragraph (10); and (B) by inserting after paragraph (8) the following new paragraph: (9) Nothing in this title shall be construed to supersede any State action for fraud against a fiduciary adviser for any act or failure to act by the fiduciary adviser constituting a violation of section 409(c).. (c) Effective date \nThe amendments made by this section shall apply with respect to advice referred to in section 3(21)(A)(ii) of the Employee Retirement Income Security Act of 1974 provided on or after January 1, 2006.", "id": "H8BCB3E8144E14E1D830605CD4F533E71", "header": "Prohibited transaction exemption for the provision of investment advice", "nested": [ { "text": "(a) Amendments to the Employee Retirement Income Security Act of 1974 \n(1) In General \nSection 408(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (14) (A) Any transaction described in subparagraph (B) in connection with the provision of investment advice described in section 3(21)(A)(ii), in any case in which— (i) the plan provides for individual accounts and permits a participant or beneficiary to exercise control over assets in his or her account, (ii) the advice is qualified investment advice provided to a participant or beneficiary of the plan by a fiduciary adviser in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of plan assets, and (iii) the requirements of subsection (g) are met in connection with each instance of the provision of the advice. (B) The transactions described in this subparagraph are the following: (i) the provision of the advice to the participant or beneficiary; (ii) the sale, acquisition, or holding of a security or other property (including any lending of money or other extension of credit associated with the sale, acquisition, or holding of a security or other property) pursuant to the advice; and (iii) the direct or indirect receipt of fees or other compensation by the fiduciary adviser or an affiliate thereof (or any employee, agent, or registered representative of the fiduciary adviser or affiliate) in connection with the provision of the advice.. (2) Requirements \nSection 408 of such Act is amended further by adding at the end the following new subsection: (g) Requirements for exemption from prohibited transactions with respect to provision of investment advice \n(1) In General \nThe requirements of this subsection are met in connection with the provision of qualified investment advice provided to a participant or beneficiary of an employee benefit plan by a fiduciary adviser with respect to the plan in connection with any sale, acquisition, or holding of a security or other property for purposes of investment of amounts held by the plan, if the requirements of the following subparagraphs are met: (A) Written disclosures \nAt a time contemporaneous with the provision of the advice in connection with the sale, acquisition, or holding of the security or other property, the fiduciary adviser shall provide to the recipient of the advice a clear and conspicuous notification, written in a manner to be reasonably understood by the average plan participant pursuant to regulations which shall be prescribed by the Secretary (including mathematical examples), of the following: (i) Interests held by the fiduciary adviser \nAny interest of the fiduciary adviser in, or any affiliation or contractual relationship of the fiduciary adviser (or affiliates thereof) with any third party having an interest in, the security or other property. (ii) Related fees or compensation in connection with the provision of the advice \nAll fees or other compensation relating to the advice (including fees or other compensation itemized with respect to each security or other property with respect to which the advice is provided) that the fiduciary adviser (or any affiliate thereof) is to receive (including compensation provided by any third party) in connection with the provision of the advice or in connection with the sale, acquisition, or holding of the security or other property. (iii) Ongoing fees or compensation in connection with the security or property involved \nAll fees or other compensation that the fiduciary adviser (or any affiliate thereof) is to receive, on an ongoing basis, in connection with any security or other property with respect to which the fiduciary adviser gives the advice. (iv) Applicable limitations on scope of advice \nAny limitation placed (in accordance with the requirements of this subsection) on the scope of the advice to be provided by the fiduciary adviser with respect to the sale, acquisition, or holding of the security or other property. (v) Types of services generally offered \nThe types of services offered by the fiduciary adviser in connection with the provision of qualified investment advice by the fiduciary adviser. (vi) Fiduciary status of the fiduciary adviser \nThat the fiduciary advisor is a fiduciary of the plan. (B) Disclosure by fiduciary adviser in accordance with applicable securities laws \nThe fiduciary adviser shall provide appropriate disclosure, in connection with the sale, acquisition, or holding of the security or other property, in accordance with all applicable securities laws. (C) Transaction occurring solely at direction of recipient of advice \nThe sale, acquisition, or holding of the security or other property shall occur solely at the direction of the recipient of the advice. (D) Reasonable compensation \nThe compensation received by the fiduciary adviser and affiliates thereof in connection with the sale, acquisition, or holding of the security or other property shall be reasonable. (E) Arm’s length transaction \nThe terms of the sale, acquisition, or holding of the security or other property shall be at least as favorable to the plan as an arm’s length transaction would be. (2) Continued availability of information for at least 1 year \nThe requirements of paragraph (1)(A) shall be deemed not to have been met in connection with the initial or any subsequent provision of advice described in paragraph (1) if, at any time during the 1-year period following the provision of the advice, the fiduciary adviser fails to maintain the information described in clauses (i) through (iv) of subparagraph (A) in currently accurate form or to make the information available, upon request and without charge, to the recipient of the advice. (3) Evidence of compliance maintained for at least 6 years \nA fiduciary adviser referred to in paragraph (1) who has provided advice referred to in such paragraph shall, for a period of not less than 6 years after the provision of the advice, maintain any records necessary for determining whether the requirements of the preceding provisions of this subsection and of subsection (b)(14) have been met. A transaction prohibited under section 406 shall not be considered to have occurred solely because the records are lost or destroyed prior to the end of the 6-year period due to circumstances beyond the control of the fiduciary adviser. (4) Model disclosure forms \nThe Secretary shall prescribe regulations setting forth model disclosure forms to assist fiduciary advisers in complying with the disclosure requirements of this subsection. (5) Exemption for employers contracting for qualified investment advice \n(A) Reliance on contractual arrangements \nSubject to subparagraph (B), a plan sponsor or other person who is a fiduciary (other than a fiduciary adviser) shall not be treated as failing to meet the requirements of this part solely by reason of the provision of qualified investment advice (or solely by reason of contracting for or otherwise arranging for the provision of the investment advice), if— (i) the advice is provided by a fiduciary adviser pursuant to an arrangement between the plan sponsor or other fiduciary and the fiduciary adviser for the provision by the fiduciary adviser of qualified investment advice, and (ii) the terms of the arrangement require compliance by the fiduciary adviser with the requirements of this subsection. (B) Continued duty for employer to prudently select and review fiduciary advisers \nNothing in subparagraph (A) shall be construed to exempt a plan sponsor or other person who is a fiduciary from any requirement of this part for the prudent selection and periodic review of a fiduciary adviser with whom the plan sponsor or other person enters into an arrangement for the provision of qualified investment advice. The plan sponsor or other person who is a fiduciary shall not be liable under this part with respect to the specific qualified investment advice given by the fiduciary adviser to any particular recipient of the advice. Pursuant to regulations which shall be prescribed by the Secretary, the fiduciary adviser shall provide appropriate disclosures to the plan sponsor to enable the plan sponsor to fulfill its fiduciary responsibilities under this part. In connection with the provision of the advice by a fiduciary adviser on an ongoing basis, such regulations shall provide for such disclosures on at least an annual basis. (C) Plan assets may be used to pay reasonable expenses \nNothing in this part shall be construed to preclude the use of plan assets to pay for reasonable expenses in providing qualified investment advice. (6) Annual reviews by the Secretary \nThe Secretary shall conduct annual reviews of randomly selected fiduciary advisers providing qualified investment advice to participants and beneficiaries. In the case of each review, the Secretary shall review the following: (A) Compliance by advice computer models with generally accepted investment management principles \nThe extent to which advice computer models employed by the fiduciary adviser comply with generally accepted investment management principles. (B) Compliance with disclosure requirements \nThe extent to which disclosures provided by the fiduciary adviser have complied with the requirements of this subsection. (C) Extent of violations \nThe extent to which any violations of fiduciary duties have occurred in connection with the provision of the advice. (D) Extent of reported complaints \nThe extent to which complaints to relevant agencies have been made in connection with the provision of the advice. Any proprietary information obtained by the Secretary shall be treated as confidential. (7) Duty of conflicted fiduciary adviser to provide for alternative independent advice \n(A) In General \nIn connection with any qualified investment advice provided by a fiduciary adviser to a participant or beneficiary regarding any security or other property, if the fiduciary adviser— (i) has an interest in the security or other property, or (ii) has an affiliation or contractual relationship with any third party that has an interest in the security or other property, the requirements of paragraph (1) shall be treated as not met in connection with the advice unless the fiduciary adviser has arranged, as an alternative to the advice that would otherwise be provided by the fiduciary advisor, for qualified investment advice with respect to the security or other property provided by at least one alternative investment adviser meeting the requirements of subparagraph (B). (B) Independence and qualifications of alternative investment adviser \nAny alternative investment adviser whose qualified investment advice is arranged for by a fiduciary adviser pursuant to subparagraph (A)— (i) shall have no material interest in, and no material affiliation or contractual relationship with any third party having a material interest in, the security or other property with respect to which the investment adviser is providing the advice, and (ii) shall meet the requirements of a fiduciary adviser under paragraph (8)(A), except that an alternative investment adviser may not be a fiduciary of the plan other than in connection with the provision of the advice. (C) Scope and fees of alternative investment advice \nAny qualified investment advice provided pursuant to this paragraph by an alternative investment adviser shall be of the same type and scope, and provided under the same terms and conditions (including no additional charge to the participant or beneficiary), as apply with respect to the qualified investment advice to be provided by the fiduciary adviser. (8) Fiduciary adviser defined \nFor purposes of this subsection and subsection (b)(14)— (A) In General \nThe term fiduciary adviser means, with respect to a plan, a person who— (i) is a fiduciary of the plan by reason of the provision of qualified investment advice by such person to a participant or beneficiary, (ii) meets the qualifications of subparagraph (B), and (iii) meets the additional requirements of subparagraph (C). (B) Qualifications \nA person meets the qualifications of this subparagraph if such person— (i) is registered as an investment adviser under the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. ), (ii) if not registered as an investment adviser under such Act by reason of section 203A(a)(1) of such Act (15 U.S.C. 80b–3a(a)(1)), is registered under the laws of the State in which the fiduciary maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such State in order to maintain the fiduciary’s registration under the laws of such State, also filed a copy of such form with the Secretary, (iii) is registered as a broker or dealer under the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ), (iv) is a bank or similar financial institution referred to in section 408(b)(4), (v) is an insurance company qualified to do business under the laws of a State, or (vi) is any other comparable entity which satisfies such criteria as the Secretary determines appropriate. (C) Additional requirements with respect to certain employees or other agents of certain advisers \nA person meets the additional requirements of this subparagraph if every individual who is employed (or otherwise compensated) by such person and whose scope of duties includes the provision of qualified investment advice on behalf of such person to any participant or beneficiary is— (i) a registered representative of such person, (ii) an individual described in subclause (I), (II), or (III) of subparagraph (A)(ii), or (iii) such other comparable qualified individual as may be designated in regulations of the Secretary. (9) Additional definitions \nFor purposes of this subsection and subsection (b)(14)— (A) Qualified investment advice \nThe term qualified investment advice means, in connection with a participant or beneficiary, investment advice referred to in section 3(21)(A)(ii) which— (i) consists of an individualized recommendation to the participant or beneficiary with respect to the purchase, sale, or retention of securities or other property for the individual account of the participant or beneficiary, in accordance with generally accepted investment management principles, and (ii) takes into account all investment options under the plan. (B) Affiliate \nThe term affiliate of another entity means an affiliated person of such entity (as defined in section 2(a)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(3) )). (C) Registered representative \nThe term registered representative of another entity means a person described in section 3(a)(18) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(18) ) (substituting such entity for the broker or dealer referred to in such section) or a person described in section 202(a)(17) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(17) ) (substituting such entity for the investment adviser referred to in such section)..", "id": "H9A4C96FA98224DB5AB00FCFD9765BC15", "header": "Amendments to the Employee Retirement Income Security Act of 1974", "nested": [], "links": [ { "text": "29 U.S.C. 1108(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" }, { "text": "15 U.S.C. 80b–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/80b-1" }, { "text": "15 U.S.C. 78a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/78a" }, { "text": "15 U.S.C. 80a–2(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-2" }, { "text": "15 U.S.C. 78c(a)(18)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 80b–2(a)(17)", "legal-doc": "usc", "parsable-cite": "usc/15/80b-2" } ] }, { "text": "(b) Enforcement \n(1) Liability for breach \n(A) Liability in connection with individual account plans \nSection 409 of such Act ( 29 U.S.C. 1109 ) is amended by adding at the end the following new subsection: (c) (1) In any case in which the provision by a fiduciary adviser of qualified investment advice to a participant or beneficiary regarding any security or other property consists of a breach described in subsection (a), the fiduciary adviser shall be personally liable to make good to the individual account of the participant or beneficiary any losses to the individual account resulting from the breach, and to restore to the individual account any profits of the fiduciary adviser which have been made through use of assets of the individual account by— (A) the fiduciary adviser, or (B) any other party with respect to whom a material affiliation or contractual relationship of the fiduciary adviser resulted in a violation of section 408(g)(1)(A) in connection with the advice. (2) In the case of any action under this title by a participant or beneficiary against a fiduciary adviser for relief under this subsection in connection with the provision of any qualified investment advice— (A) if the participant or beneficiary shows that the fiduciary adviser had any interest in, or had any affiliation or contractual relationship with a third party having an interest in, the security or other property, there shall be a presumption (rebuttable by a preponderance of the evidence) that the fiduciary adviser failed to meet the requirements of subparagraphs (A) and (B) of section 404(a)(1) in connection with the provision of the advice, and (B) the dispute may be settled by arbitration, but only pursuant to terms and conditions established by agreement entered into voluntarily by both parties after the commencement of the dispute. (3) For purposes of this subsection, the terms fiduciary adviser and qualified investment advice shall have the meanings provided such terms in subparagraphs (A) and (B), respectively, of section 406(g)(7).. (B) Limitation on exemption from liability \nSection 403(c) of such Act ( 29 U.S.C. 1104(c) ) is amended— (i) by redesignating paragraph (2) as paragraph (3) (and by adjusting the margination of such paragraph to full measure and adjusting the margination of subparagraphs (A) through (B) thereof accordingly); and (ii) by inserting after paragraph (1) the following new paragraph: (2) (A) In any case in which— (i) a participant or beneficiary exercises control over the assets in his or her account by means of a sale, acquisition, or holding of a security or other property with regard to which qualified investment advice was provided by a fiduciary adviser, and (ii) any transaction in connection with the exercise of such control is not a prohibited transaction solely by reason of section 408(b)(14), paragraph (1) shall not apply with respect to the fiduciary adviser in connection with the provision of the advice. (B) For purposes of this subsection, the terms fiduciary adviser and qualified investment advice shall have the meanings provided such terms in subparagraphs (A) and (B), respectively, of section 408(g)(7).. (2) Attorney’s fees \nSection 502(g) of such Act ( 29 U.S.C. 1132(g) ) is amended— (A) in paragraph (1), by inserting or (3) after paragraph (2) ; and (B) by adding at the end the following new paragraph: (3) In any action under this title by the participant or beneficiary against a fiduciary adviser for relief under section 409(c) in which the plaintiff prevails, the court shall allow a reasonable attorney’s fee and costs of action to the prevailing plaintiff.. (3) Applicability of State fraud laws \nSection 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (A) by redesignating paragraph (9) as paragraph (10); and (B) by inserting after paragraph (8) the following new paragraph: (9) Nothing in this title shall be construed to supersede any State action for fraud against a fiduciary adviser for any act or failure to act by the fiduciary adviser constituting a violation of section 409(c)..", "id": "HB2AD644AA60843C5970048443DE81566", "header": "Enforcement", "nested": [], "links": [ { "text": "29 U.S.C. 1109", "legal-doc": "usc", "parsable-cite": "usc/29/1109" }, { "text": "29 U.S.C. 1104(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" }, { "text": "29 U.S.C. 1132(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1144(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1144" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to advice referred to in section 3(21)(A)(ii) of the Employee Retirement Income Security Act of 1974 provided on or after January 1, 2006.", "id": "H9E4CA6A5AD144E0694E557530011F43D", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1108(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" }, { "text": "15 U.S.C. 80b–1 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/80b-1" }, { "text": "15 U.S.C. 78a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/78a" }, { "text": "15 U.S.C. 80a–2(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/15/80a-2" }, { "text": "15 U.S.C. 78c(a)(18)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 80b–2(a)(17)", "legal-doc": "usc", "parsable-cite": "usc/15/80b-2" }, { "text": "29 U.S.C. 1109", "legal-doc": "usc", "parsable-cite": "usc/29/1109" }, { "text": "29 U.S.C. 1104(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" }, { "text": "29 U.S.C. 1132(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1144(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1144" } ] }, { "text": "303. Participation of participants in trusteeship of single-employer plans providing for employee contributions \n(a) In General \nSection 403(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1103(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) after (a) ; and (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), the assets of a pension plan which is a single-employer plan and under which some or all of the assets are derived from employee contributions shall be held in trust by a joint board of trustees, which shall consist of two or more trustees representing on an equal basis the interests of the employer or employers maintaining the plan and the interests of the participants and their beneficiaries. (B) This paragraph shall apply for any plan year only if a majority of the participants of the plan indicates to the plan administrator, in such form and manner as shall be prescribed in regulations of the Secretary, its intention to have this paragraph so apply. (C) (i) Except as provided in clause (ii), in any case in which the plan is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and one or more employers, the trustees representing the interests of the participants and their beneficiaries shall be designated by such employee organizations. (ii) Clause (i) shall not apply with respect to a plan described in such clause if the employee organization (or all employee organizations, if more than one) referred to in such clause file with the Secretary, in such form and manner as shall be prescribed in regulations of the Secretary, a written waiver of their rights under clause (i). (iii) In any case in which clause (i) does not apply with respect to a single-employer plan because the plan is not described in clause (i) or because of a waiver filed pursuant to clause (ii), the trustee or trustees representing the interests of the participants and their beneficiaries shall be selected in accordance with regulations of the Secretary. Such regulations may provide for selection of trustees by the employer, but only from individuals who have been demonstrated to be independent and to have no conflict of interest. An individual shall not be treated as ineligible for selection as trustee solely because such individual is an employee of the plan sponsor, except that the employee so selected may not be a highly compensated employee (as defined in section 414(q) of the Internal Revenue Code of 1986). (iv) The Secretary shall provide by regulation for the appointment of a neutral, in accordance with the procedures under section 203(f) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 173(f) ), to cast votes as necessary to resolve tie votes by the trustees.. (b) Regulations \nThe Secretary of Labor shall prescribe the initial regulations necessary to carry out the provisions of such amendments not later than 90 days after the date of the enactment of this Act.", "id": "HE5A393332D5342C0B1B97BA37713CC54", "header": "Participation of participants in trusteeship of single-employer plans providing for employee contributions", "nested": [ { "text": "(a) In General \nSection 403(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1103(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) after (a) ; and (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), the assets of a pension plan which is a single-employer plan and under which some or all of the assets are derived from employee contributions shall be held in trust by a joint board of trustees, which shall consist of two or more trustees representing on an equal basis the interests of the employer or employers maintaining the plan and the interests of the participants and their beneficiaries. (B) This paragraph shall apply for any plan year only if a majority of the participants of the plan indicates to the plan administrator, in such form and manner as shall be prescribed in regulations of the Secretary, its intention to have this paragraph so apply. (C) (i) Except as provided in clause (ii), in any case in which the plan is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and one or more employers, the trustees representing the interests of the participants and their beneficiaries shall be designated by such employee organizations. (ii) Clause (i) shall not apply with respect to a plan described in such clause if the employee organization (or all employee organizations, if more than one) referred to in such clause file with the Secretary, in such form and manner as shall be prescribed in regulations of the Secretary, a written waiver of their rights under clause (i). (iii) In any case in which clause (i) does not apply with respect to a single-employer plan because the plan is not described in clause (i) or because of a waiver filed pursuant to clause (ii), the trustee or trustees representing the interests of the participants and their beneficiaries shall be selected in accordance with regulations of the Secretary. Such regulations may provide for selection of trustees by the employer, but only from individuals who have been demonstrated to be independent and to have no conflict of interest. An individual shall not be treated as ineligible for selection as trustee solely because such individual is an employee of the plan sponsor, except that the employee so selected may not be a highly compensated employee (as defined in section 414(q) of the Internal Revenue Code of 1986). (iv) The Secretary shall provide by regulation for the appointment of a neutral, in accordance with the procedures under section 203(f) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 173(f) ), to cast votes as necessary to resolve tie votes by the trustees..", "id": "H1F13AB3E7F2D44A7A20025A000FAA3D5", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1103(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1103" }, { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "29 U.S.C. 173(f)", "legal-doc": "usc", "parsable-cite": "usc/29/173" } ] }, { "text": "(b) Regulations \nThe Secretary of Labor shall prescribe the initial regulations necessary to carry out the provisions of such amendments not later than 90 days after the date of the enactment of this Act.", "id": "H02E0E32D7EAA4FADA989E61559B1A364", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1103(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1103" }, { "text": "section 414(q)", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "29 U.S.C. 173(f)", "legal-doc": "usc", "parsable-cite": "usc/29/173" } ] }, { "text": "304. Diversification of investment of account assets held under individual account plans \n(a) In general \nSection 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following new subsection: (e) Diversification of investment of account assets held under individual account plans \n(1) In general \nIn the case of an individual account plan under which a participant or beneficiary is permitted to exercise control over assets in his or her account, with respect to the assets in the account to which the participant or beneficiary has a nonforfeitable right and which consist of employer securities which are readily tradable on an established securities market, the plan shall meet the requirements of paragraphs (2), (3), (4), (5), (6), and (7). (2) Assets attributable to employee contributions \nIn the case of any portion of the account assets described in paragraph (1) which is attributable to employee contributions, there shall be no restrictions on the right of a participant or beneficiary to allocate the assets in such portion to any investment option provided under the plan. (3) Elective deferrals invested in employer securities \n(A) In general \nIn the case of the portion of the account assets described in paragraph (1) which is attributable to elective deferrals and is invested in employer securities, a plan meets the requirements of this paragraph if each applicable individual in such plan may elect to direct the plan to divest any portion of such securities in the individual’s account and to reinvest an equivalent amount in other investment options which meet the requirements of paragraph (5). The preceding sentence shall apply to the extent that the amount attributable to such reinvested portion exceeds the amount to which a prior election under this paragraph or section 401(a)(28) of the Internal Revenue Code of 1986 applies. (B) Applicable individual \nFor purposes of this paragraph, the term applicable individual means— (i) any participant in the plan, (ii) any beneficiary who is an alternate payee (within the meaning of section 206(d)(3)(K)) under an applicable qualified domestic relations order (within the meaning of section 206(d)(3)(B)(i)), and (iii) any beneficiary of a deceased participant or alternate payee. (4) Other employer contributions \n(A) In general \nIn the case of the portion of the account assets described in paragraph (1) which is attributable to employer contributions (other than elective deferrals) and is invested in employer securities, a plan meets the requirements of this paragraph if each qualified participant in the plan may elect to direct the plan to divest any portion of such securities in the participant’s account and to reinvest an equivalent amount in other investment options which meet the requirements of paragraph (6). The preceding sentence shall apply to the extent that the amount attributable to such reinvested portion exceeds the amount to which a prior election under this paragraph or section 401(a)(28) of such Code applies. (B) Qualified participant \nFor purposes of this paragraph, the term qualified participant means— (i) any participant in the plan who has completed at least 3 years of service (as determined under section 203(a)) under the plan, (ii) any beneficiary who, with respect to a participant who met the service requirement in clause (i), is an alternate payee (within the meaning of section 206(d)(3)(K)) under an applicable qualified domestic relations order (within the meaning of section 206(d)(3)(B)(i)), and (iii) any beneficiary of a deceased participant who met the service requirement in clause (i) or alternate payee described in clause (ii). (5) Investment options \nThe requirements of this paragraph are met if, with respect to the account assets described in paragraph (1), the plan offers not less than 3 investment options (not inconsistent with regulations prescribed by the Secretary) other than employer securities. (6) Prompt compliance with directions to allocate investments \n(A) In general \nExcept as provided in subparagraph (B), a plan meets the requirements of this paragraph with respect to plan assets described in paragraph (1) if the plan provides that, within 5 days after the date of any election by a participant or beneficiary allocating any such assets to any investment option provided under the plan, the plan administrator shall take such actions as are necessary to effectuate such allocation. (B) Special rule for periodic elections \nIn any case in which the plan provides for elections periodically during prescribed periods, the 5-day period described in subparagraph (A) shall commence at the end of each such prescribed period. (7) Notice of rights and of importance of diversification \nA plan meets the requirements of this paragraph if the plan provides that, not later than 30 days prior to the date on which the right of a participant under the plan to his or her accrued benefit becomes nonforfeitable, the plan administrator shall provide to such participant and his or her beneficiaries a written notice— (A) setting forth their rights under this section with respect to the accrued benefit, and (B) describing the importance of diversifying the investment of account assets. (8) Preservation of authority of plan to limit investment \nNothing in this subsection shall be construed to limit the authority of a plan to impose limitations on the portion of plan assets in any account which may be invested in employer securities. (9) Other definitions and rules \nFor purposes of this subsection— (A) Employer securities \nThe term employer securities shall have the meaning given such term by section 407(d)(1) of the Employee Retirement Income Security Act of 1974. (B) Elective deferrals \nThe term elective deferrals means an employer contribution described in section 402(g)(3)(A) of such Code and any employee contribution. (C) Election \nElections under this subsection shall be not less frequently than quarterly. (D) Employee stock ownership plan \nThe term employee stock ownership plan shall have the same meaning given to such term by section 4975(e)(7) of such Code.. (b) Recommendations relating to non-publicly traded stock \nWithin 1 year after the date of the enactment of this Act, the Secretary of Labor shall transmit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the Secretary’s recommendations regarding legislative changes relating to treatment, under section 404(e) of the Employee Retirement Income Security Act of 1974 (added by this section), of individual account plans under which a participant or beneficiary is permitted to exercise control over assets in his or her account, in cases in which such assets do not include employer securities which are readily tradable under an established securities market. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall apply with respect to plan years beginning after December 31, 2005. (2) Exception \nThe amendments made by this section shall not apply to employer securities held by an employee stock ownership plan which are not subject to section 401(a)(28) of the Internal Revenue Code of 1986 by reason of section 1175(a)(2) of the Tax Reform Act of 1986 (100 Stat. 2519). (3) Delayed effective date of existing holdings \nIn any case in which a portion of the nonforfeitable accrued benefit of a participant or beneficiary is held in the form of employer securities (as defined in section 407(d)(1) of the Employee Retirement Income Security Act of 1974 ) immediately before the first date of the first plan year to which the amendments made by this section apply, such portion shall be taken into account only with respect to plan years beginning on or after January 1, 2007.", "id": "HFC3A5F7819D949A4ACE5B662A6F6A96B", "header": "Diversification of investment of account assets held under individual account plans", "nested": [ { "text": "(a) In general \nSection 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ) is amended by adding at the end the following new subsection: (e) Diversification of investment of account assets held under individual account plans \n(1) In general \nIn the case of an individual account plan under which a participant or beneficiary is permitted to exercise control over assets in his or her account, with respect to the assets in the account to which the participant or beneficiary has a nonforfeitable right and which consist of employer securities which are readily tradable on an established securities market, the plan shall meet the requirements of paragraphs (2), (3), (4), (5), (6), and (7). (2) Assets attributable to employee contributions \nIn the case of any portion of the account assets described in paragraph (1) which is attributable to employee contributions, there shall be no restrictions on the right of a participant or beneficiary to allocate the assets in such portion to any investment option provided under the plan. (3) Elective deferrals invested in employer securities \n(A) In general \nIn the case of the portion of the account assets described in paragraph (1) which is attributable to elective deferrals and is invested in employer securities, a plan meets the requirements of this paragraph if each applicable individual in such plan may elect to direct the plan to divest any portion of such securities in the individual’s account and to reinvest an equivalent amount in other investment options which meet the requirements of paragraph (5). The preceding sentence shall apply to the extent that the amount attributable to such reinvested portion exceeds the amount to which a prior election under this paragraph or section 401(a)(28) of the Internal Revenue Code of 1986 applies. (B) Applicable individual \nFor purposes of this paragraph, the term applicable individual means— (i) any participant in the plan, (ii) any beneficiary who is an alternate payee (within the meaning of section 206(d)(3)(K)) under an applicable qualified domestic relations order (within the meaning of section 206(d)(3)(B)(i)), and (iii) any beneficiary of a deceased participant or alternate payee. (4) Other employer contributions \n(A) In general \nIn the case of the portion of the account assets described in paragraph (1) which is attributable to employer contributions (other than elective deferrals) and is invested in employer securities, a plan meets the requirements of this paragraph if each qualified participant in the plan may elect to direct the plan to divest any portion of such securities in the participant’s account and to reinvest an equivalent amount in other investment options which meet the requirements of paragraph (6). The preceding sentence shall apply to the extent that the amount attributable to such reinvested portion exceeds the amount to which a prior election under this paragraph or section 401(a)(28) of such Code applies. (B) Qualified participant \nFor purposes of this paragraph, the term qualified participant means— (i) any participant in the plan who has completed at least 3 years of service (as determined under section 203(a)) under the plan, (ii) any beneficiary who, with respect to a participant who met the service requirement in clause (i), is an alternate payee (within the meaning of section 206(d)(3)(K)) under an applicable qualified domestic relations order (within the meaning of section 206(d)(3)(B)(i)), and (iii) any beneficiary of a deceased participant who met the service requirement in clause (i) or alternate payee described in clause (ii). (5) Investment options \nThe requirements of this paragraph are met if, with respect to the account assets described in paragraph (1), the plan offers not less than 3 investment options (not inconsistent with regulations prescribed by the Secretary) other than employer securities. (6) Prompt compliance with directions to allocate investments \n(A) In general \nExcept as provided in subparagraph (B), a plan meets the requirements of this paragraph with respect to plan assets described in paragraph (1) if the plan provides that, within 5 days after the date of any election by a participant or beneficiary allocating any such assets to any investment option provided under the plan, the plan administrator shall take such actions as are necessary to effectuate such allocation. (B) Special rule for periodic elections \nIn any case in which the plan provides for elections periodically during prescribed periods, the 5-day period described in subparagraph (A) shall commence at the end of each such prescribed period. (7) Notice of rights and of importance of diversification \nA plan meets the requirements of this paragraph if the plan provides that, not later than 30 days prior to the date on which the right of a participant under the plan to his or her accrued benefit becomes nonforfeitable, the plan administrator shall provide to such participant and his or her beneficiaries a written notice— (A) setting forth their rights under this section with respect to the accrued benefit, and (B) describing the importance of diversifying the investment of account assets. (8) Preservation of authority of plan to limit investment \nNothing in this subsection shall be construed to limit the authority of a plan to impose limitations on the portion of plan assets in any account which may be invested in employer securities. (9) Other definitions and rules \nFor purposes of this subsection— (A) Employer securities \nThe term employer securities shall have the meaning given such term by section 407(d)(1) of the Employee Retirement Income Security Act of 1974. (B) Elective deferrals \nThe term elective deferrals means an employer contribution described in section 402(g)(3)(A) of such Code and any employee contribution. (C) Election \nElections under this subsection shall be not less frequently than quarterly. (D) Employee stock ownership plan \nThe term employee stock ownership plan shall have the same meaning given to such term by section 4975(e)(7) of such Code..", "id": "HFA4DCDC9ADBB416EAA760050BA542124", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 1104", "legal-doc": "usc", "parsable-cite": "usc/29/1104" }, { "text": "section 401(a)(28)", "legal-doc": "usc", "parsable-cite": "usc/26/401" } ] }, { "text": "(b) Recommendations relating to non-publicly traded stock \nWithin 1 year after the date of the enactment of this Act, the Secretary of Labor shall transmit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the Secretary’s recommendations regarding legislative changes relating to treatment, under section 404(e) of the Employee Retirement Income Security Act of 1974 (added by this section), of individual account plans under which a participant or beneficiary is permitted to exercise control over assets in his or her account, in cases in which such assets do not include employer securities which are readily tradable under an established securities market.", "id": "H29DECFD7B2684C98BDD9736905A74501", "header": "Recommendations relating to non-publicly traded stock", "nested": [], "links": [] }, { "text": "(c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by this section shall apply with respect to plan years beginning after December 31, 2005. (2) Exception \nThe amendments made by this section shall not apply to employer securities held by an employee stock ownership plan which are not subject to section 401(a)(28) of the Internal Revenue Code of 1986 by reason of section 1175(a)(2) of the Tax Reform Act of 1986 (100 Stat. 2519). (3) Delayed effective date of existing holdings \nIn any case in which a portion of the nonforfeitable accrued benefit of a participant or beneficiary is held in the form of employer securities (as defined in section 407(d)(1) of the Employee Retirement Income Security Act of 1974 ) immediately before the first date of the first plan year to which the amendments made by this section apply, such portion shall be taken into account only with respect to plan years beginning on or after January 1, 2007.", "id": "H79E842C57BCB467FAEB6A08DCB83AEC", "header": "Effective date", "nested": [], "links": [ { "text": "section 401(a)(28)", "legal-doc": "usc", "parsable-cite": "usc/26/401" } ] } ], "links": [ { "text": "29 U.S.C. 1104", "legal-doc": "usc", "parsable-cite": "usc/29/1104" }, { "text": "section 401(a)(28)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "section 401(a)(28)", "legal-doc": "usc", "parsable-cite": "usc/26/401" } ] }, { "text": "305. Removal of $500,000 cap on bonding requirement \nSection 412(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1112(a) ) is amended, in the matter following paragraph (2), by striking nor more than $500,000 and all that follows through preceding sentence.", "id": "H68F0055B5D3F4FAFA339F3BAEB70FD81", "header": "Removal of $500,000 cap on bonding requirement", "nested": [], "links": [ { "text": "29 U.S.C. 1112(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1112" } ] }, { "text": "306. Disclosure regarding investments and voting of proxies \n(a) In General \nSection 101 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 ) is amended by inserting after subsection (e) the following new subsection: (f) Disclosure regarding investments and voting of proxies \n(1) In General \nWithin 30 days after receipt by the plan administrator of a written request by a participant or beneficiary for relevant and specific information regarding— (A) the nature or extent of any particular investment of plan assets occurring on a particular date specified in the request, or (B) the manner in which any right to vote in connection with such investment has been exercised by or under the plan, the plan administrator shall furnish such information in writing to such participant or beneficiary. The administrator may make a reasonable charge to cover the cost of furnishing such information. (2) Standards and review \nThe Secretary shall by regulation prescribe— (A) standards which must be met by requests made pursuant to this subsection, including standards relating to relevancy and specificity of the information requested, the specificity by which the investment must be identified in the request, and the reasonableness of charges made for furnishing the information, and (B) procedures by which plan administrators may rely on such standards in declining requests for information which fail to meet such standards, including methods for obtaining timely and binding determinations by the Secretary regarding whether such standards are being met by particular requests.. (b) Conforming amendment \nSection 101(h)(1) of such Act ( 29 U.S.C. 1021(h)(1) ) is amended by inserting or subsection (f) after this subsection. (c) Effective date \nThe amendments made by this section shall apply with respect to written requests received after December 31, 2005.", "id": "H4D14B45B8CE1407A917719848F00C831", "header": "Disclosure regarding investments and voting of proxies", "nested": [ { "text": "(a) In General \nSection 101 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 ) is amended by inserting after subsection (e) the following new subsection: (f) Disclosure regarding investments and voting of proxies \n(1) In General \nWithin 30 days after receipt by the plan administrator of a written request by a participant or beneficiary for relevant and specific information regarding— (A) the nature or extent of any particular investment of plan assets occurring on a particular date specified in the request, or (B) the manner in which any right to vote in connection with such investment has been exercised by or under the plan, the plan administrator shall furnish such information in writing to such participant or beneficiary. The administrator may make a reasonable charge to cover the cost of furnishing such information. (2) Standards and review \nThe Secretary shall by regulation prescribe— (A) standards which must be met by requests made pursuant to this subsection, including standards relating to relevancy and specificity of the information requested, the specificity by which the investment must be identified in the request, and the reasonableness of charges made for furnishing the information, and (B) procedures by which plan administrators may rely on such standards in declining requests for information which fail to meet such standards, including methods for obtaining timely and binding determinations by the Secretary regarding whether such standards are being met by particular requests..", "id": "H395C898639D94F9FAC001C61E46F23D6", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1021", "legal-doc": "usc", "parsable-cite": "usc/29/1021" } ] }, { "text": "(b) Conforming amendment \nSection 101(h)(1) of such Act ( 29 U.S.C. 1021(h)(1) ) is amended by inserting or subsection (f) after this subsection.", "id": "H8C26B65459504C4FBF1F864505E8B006", "header": "Conforming amendment", "nested": [], "links": [ { "text": "29 U.S.C. 1021(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1021" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to written requests received after December 31, 2005.", "id": "H7610F75A244D41019F885EDE62097656", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1021", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1021(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1021" } ] }, { "text": "307. Immediate warning of excessive stock holdings \nSection 105 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025 ) is amended by adding at the end the following new subsection: (e) (1) Upon receipt of information by the plan administrator of an individual account plan indicating that the individual account of any participant which had not been excessively invested in employer securities is excessively invested in such securities (or that such account, as initially invested, is excessively invested in employer securities), the plan administrator shall immediately provide to the participant a separate, written statement— (A) indicating that the participant’s account has become excessively invested in employer securities, (B) setting forth the notice described in subsection (e)(7), and (C) referring the participant to investment education materials and investment advice which shall be made available by or under the plan. In any case in which such a separate, written statement is required to be provided to a participant under this paragraph, each statement issued to such participant pursuant to subsection (a) thereafter shall also contain such separate, written statement until the plan administrator is made aware that such participant’s account has ceased to be excessively invested in employer securities or the employee, in writing, waives the receipt of the notice and acknowledges understanding the importance of diversification. (2) Each notice required under this subsection shall be provided in a form and manner which shall be prescribed in regulations of the Secretary. Such regulations shall provide for inclusion in the notice a prominent reference to the risks of large losses in assets available for retirement from excessive investment in employer securities. (3) For purposes of paragraph (1), a participant’s account is excessively invested in employer securities if more than 10 percent of the balance in such account is invested in employer securities (as defined in section 407(d)(1))..", "id": "H14492B7B5B8549249D821842818731F2", "header": "Immediate warning of excessive stock holdings", "nested": [], "links": [ { "text": "29 U.S.C. 1025", "legal-doc": "usc", "parsable-cite": "usc/29/1025" } ] }, { "text": "308. Report to participants and beneficiaries of trades in employer securities \n(a) In general \nSection 104 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) (1) In any case in which assets in the individual account of a participant or beneficiary under an individual account plan include employer securities, if any person engages in a transaction constituting a direct or indirect purchase or sale of employer securities and— (A) such transaction is required under section 16 of the Securities Exchange Act of 1934 to be reported by such person to the Securities and Exchange Commission, or (B) such person is a named fiduciary of the plan, such person shall comply with the requirements of paragraph (2). (2) A person described in paragraph (1) complies with the requirements of this paragraph in connection with a transaction described in paragraph (1) if such person provides to the plan administrator of the plan a written notification of the transaction not later than 1 business day after the date of the transaction. (3) (A) If the plan administrator is made aware, on the basis of notifications received pursuant to paragraph (2) or otherwise, that the proceeds from any transaction described in paragraph (1), constituting direct or indirect sales of employer securities by any person described in paragraph (1), exceed $100,000, the plan administrator of the plan shall provide to each participant and beneficiary a notification of such transaction. Such notification shall be in writing, except that such notification may be in electronic or other form to the extent that such form is reasonably accessible to the participant or beneficiary. (B) In any case in which the proceeds from any transaction described in paragraph (1) (with respect to which a notification has not been provided pursuant to this paragraph), together with the proceeds from any other such transaction or transactions described in paragraph (1) occurring during the preceding one-year period, constituting direct or indirect sales of employer securities by any person described in paragraph (1), exceed (in the aggregate) $100,000, such series of transactions by such person shall be treated as a transaction described in subparagraph (A) by such person. (C) Each notification required under this paragraph shall be provided as soon as practicable, but not later than 3 business days after receipt of the written notification or notifications indicating that the transaction (or series of transactions) requiring such notice has occurred. (4) Each notification required under paragraph (2) or (3) shall be made in such form and manner as may be prescribed in regulations of the Secretary and shall include the number of shares involved in each transaction and the price per share, and the notification required under paragraph (3) shall be written in language designed to be understood by the average plan participant. The Secretary may provide by regulation, in consultation with the Securities and Exchange Commission, for exemptions from the requirements of this subsection with respect to specified types of transactions to the extent that such exemptions are consistent with the best interests of plan participants and beneficiaries. Such exemptions may relate to transactions involving reinvestment plans, stock splits, stock dividends, qualified domestic relations orders, and similar matters. (5) For purposes of this subsection, the term employer security has the meaning provided in section 407(d)(1).. (b) Effective date \nThe amendments made by this section shall apply with respect to transactions occurring after 90 days after the date of the enactment of this Act.", "id": "H86BD754468CA4862BAF365DFD86DE100", "header": "Report to participants and beneficiaries of trades in employer securities", "nested": [ { "text": "(a) In general \nSection 104 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) (1) In any case in which assets in the individual account of a participant or beneficiary under an individual account plan include employer securities, if any person engages in a transaction constituting a direct or indirect purchase or sale of employer securities and— (A) such transaction is required under section 16 of the Securities Exchange Act of 1934 to be reported by such person to the Securities and Exchange Commission, or (B) such person is a named fiduciary of the plan, such person shall comply with the requirements of paragraph (2). (2) A person described in paragraph (1) complies with the requirements of this paragraph in connection with a transaction described in paragraph (1) if such person provides to the plan administrator of the plan a written notification of the transaction not later than 1 business day after the date of the transaction. (3) (A) If the plan administrator is made aware, on the basis of notifications received pursuant to paragraph (2) or otherwise, that the proceeds from any transaction described in paragraph (1), constituting direct or indirect sales of employer securities by any person described in paragraph (1), exceed $100,000, the plan administrator of the plan shall provide to each participant and beneficiary a notification of such transaction. Such notification shall be in writing, except that such notification may be in electronic or other form to the extent that such form is reasonably accessible to the participant or beneficiary. (B) In any case in which the proceeds from any transaction described in paragraph (1) (with respect to which a notification has not been provided pursuant to this paragraph), together with the proceeds from any other such transaction or transactions described in paragraph (1) occurring during the preceding one-year period, constituting direct or indirect sales of employer securities by any person described in paragraph (1), exceed (in the aggregate) $100,000, such series of transactions by such person shall be treated as a transaction described in subparagraph (A) by such person. (C) Each notification required under this paragraph shall be provided as soon as practicable, but not later than 3 business days after receipt of the written notification or notifications indicating that the transaction (or series of transactions) requiring such notice has occurred. (4) Each notification required under paragraph (2) or (3) shall be made in such form and manner as may be prescribed in regulations of the Secretary and shall include the number of shares involved in each transaction and the price per share, and the notification required under paragraph (3) shall be written in language designed to be understood by the average plan participant. The Secretary may provide by regulation, in consultation with the Securities and Exchange Commission, for exemptions from the requirements of this subsection with respect to specified types of transactions to the extent that such exemptions are consistent with the best interests of plan participants and beneficiaries. Such exemptions may relate to transactions involving reinvestment plans, stock splits, stock dividends, qualified domestic relations orders, and similar matters. (5) For purposes of this subsection, the term employer security has the meaning provided in section 407(d)(1)..", "id": "HFE71BB46474C486A86D8B57D85A595CB", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 1024", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to transactions occurring after 90 days after the date of the enactment of this Act.", "id": "H80BE813B713A459683C067008EFEB458", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1024", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] }, { "text": "401. Pension benefit information \n(a) Pension benefit statements required on periodic basis \n(1) In general \nSubsection (a) of section 105 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a) ) is amended—— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by inserting (1) after (a) ; (B) by striking shall furnish to any plan participant or beneficiary who so requests in writing, a statement and inserting shall, as provided in paragraph (2), provide to plan participants and beneficiaries statements ; and (C) by adding at the end the following new paragraphs: (2) (A) The statements described in paragraph (1) shall be furnished—— (i) in the case of a defined benefit plan, at last once every 3 years to participants who have attained age 35, (ii) in the case of an individual account plan, at least annually to each participant, and (iii) to any participant or beneficiary who so requests in writing. (B) Subparagraph (A)(i) shall not apply to a plan to which more than 1 unaffiliated employer is required to contribute. (3) Information furnished under paragraph (1) to a participant in a defined benefit plan (other than at the request of the participant) may be based on reasonable estimates determined under regulations prescribed by the Secretary. (4) (A) The Secretary of Labor shall develop a model benefit statement which shall be used by plan administrators in complying with the requirements of paragraph (1). Such statement shall include— (i) the amount of nonforfeitable accrued benefits as of the statement date which is payable at normal retirement age under the plan, (ii) the amount of accrued benefits which are forfeitable but which may become nonforfeitable under the terms of the plan, (iii) the amount or percentage of any reduction due to integration of the benefit with the participant’s Social Security benefits or similar governmental benefits, (iv) information on early retirement benefit and joint and survivor annuity reductions, (v) in the case of an individual account plan, the percentage of the net return on investment of plan assets for the preceding plan year (or, with respect to investments directed by the participant, the net return on investment of plan assets for such year so directed), itemized with respect to each type of investment, and, stated separately, the administrative and transaction fees incurred in connection with each such type of investment, and (vi) in the case of an individual account plan, the amount and percentage of assets in the individual account that consists of employer securities and employer real property (as defined in paragraphs (1) and (2), respectively, of section 407(d)), as determined as of the most recent valuation date of the plan. (B) The Secretary shall also develop a separate notice, which shall be included by the plan administrator with the information furnished pursuant to paragraph (1), which advises participants and beneficiaries of generally accepted investment principles, including principles of risk management and diversification for long-term retirement security and the risks of holding substantial assets in a single asset such as employer securities.. (2) Conforming amendment \nSubsection (d) of section 105 of such Act ( 29 U.S.C. 1025(d) ) is repealed. (b) Disclosure of benefit calculations \n(1) In general \nSection 105 of such Act (as amended by the preceding provisions of this section) is amended further— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: (c) (1) In the case of a participant or beneficiary who is entitled to a distribution of a benefit under an employee pension benefit plan, the administrator of such plan shall provide to the participant or beneficiary the information described in paragraph (2) upon the written request of the participant or beneficiary. (2) The information described in this paragraph includes— (A) a worksheet explaining how the amount of the distribution was calculated and stating the assumptions used for such calculation, (B) upon written request of the participant or beneficiary, any documents relating to the calculation (if available), and (C) such other information as the Secretary may prescribe. Any information provided under this paragraph shall be in a form calculated to be understood by the average plan participant.. (2) Conforming amendments \n(A) Section 101(a)(2) of such Act ( 29 U.S.C. 1021(a)(2) ) is amended by striking 105(a) and (c) and inserting 105(a), (c), and (d). (B) Section 106(b) of such Act ( 29 U.S.C. 1026(b) ) is amended by striking sections 105(a) and 105(c) and inserting section 105. (c) Effective date \n(1) In general \nThe amendments made by this section shall take effect 60 days after the adoption of rules or other guidance to carry out the amendments made by this subsection, which shall include a model notice of generally accepted investment principles, including principles of risk management and diversification. (2) Model investment principles \nFor purposes of paragraph (1), not later than 120 days after the date of the enactment of this Act, the Secretary of Labor shall issue rules or other guidance and a model notice which meets the requirements of section 105 of the Employee Retirement Income Security Act of 1974 added by this section.", "id": "HDE41B73C34114BC5B2BA25FAE45277CE", "header": "Pension benefit information", "nested": [ { "text": "(a) Pension benefit statements required on periodic basis \n(1) In general \nSubsection (a) of section 105 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a) ) is amended—— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by inserting (1) after (a) ; (B) by striking shall furnish to any plan participant or beneficiary who so requests in writing, a statement and inserting shall, as provided in paragraph (2), provide to plan participants and beneficiaries statements ; and (C) by adding at the end the following new paragraphs: (2) (A) The statements described in paragraph (1) shall be furnished—— (i) in the case of a defined benefit plan, at last once every 3 years to participants who have attained age 35, (ii) in the case of an individual account plan, at least annually to each participant, and (iii) to any participant or beneficiary who so requests in writing. (B) Subparagraph (A)(i) shall not apply to a plan to which more than 1 unaffiliated employer is required to contribute. (3) Information furnished under paragraph (1) to a participant in a defined benefit plan (other than at the request of the participant) may be based on reasonable estimates determined under regulations prescribed by the Secretary. (4) (A) The Secretary of Labor shall develop a model benefit statement which shall be used by plan administrators in complying with the requirements of paragraph (1). Such statement shall include— (i) the amount of nonforfeitable accrued benefits as of the statement date which is payable at normal retirement age under the plan, (ii) the amount of accrued benefits which are forfeitable but which may become nonforfeitable under the terms of the plan, (iii) the amount or percentage of any reduction due to integration of the benefit with the participant’s Social Security benefits or similar governmental benefits, (iv) information on early retirement benefit and joint and survivor annuity reductions, (v) in the case of an individual account plan, the percentage of the net return on investment of plan assets for the preceding plan year (or, with respect to investments directed by the participant, the net return on investment of plan assets for such year so directed), itemized with respect to each type of investment, and, stated separately, the administrative and transaction fees incurred in connection with each such type of investment, and (vi) in the case of an individual account plan, the amount and percentage of assets in the individual account that consists of employer securities and employer real property (as defined in paragraphs (1) and (2), respectively, of section 407(d)), as determined as of the most recent valuation date of the plan. (B) The Secretary shall also develop a separate notice, which shall be included by the plan administrator with the information furnished pursuant to paragraph (1), which advises participants and beneficiaries of generally accepted investment principles, including principles of risk management and diversification for long-term retirement security and the risks of holding substantial assets in a single asset such as employer securities.. (2) Conforming amendment \nSubsection (d) of section 105 of such Act ( 29 U.S.C. 1025(d) ) is repealed.", "id": "H96719BEBA3A9466EA1239879A757A9F5", "header": "Pension benefit statements required on periodic basis", "nested": [], "links": [ { "text": "29 U.S.C. 1025(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1025" }, { "text": "29 U.S.C. 1025(d)", "legal-doc": "usc", "parsable-cite": "usc/29/1025" } ] }, { "text": "(b) Disclosure of benefit calculations \n(1) In general \nSection 105 of such Act (as amended by the preceding provisions of this section) is amended further— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: (c) (1) In the case of a participant or beneficiary who is entitled to a distribution of a benefit under an employee pension benefit plan, the administrator of such plan shall provide to the participant or beneficiary the information described in paragraph (2) upon the written request of the participant or beneficiary. (2) The information described in this paragraph includes— (A) a worksheet explaining how the amount of the distribution was calculated and stating the assumptions used for such calculation, (B) upon written request of the participant or beneficiary, any documents relating to the calculation (if available), and (C) such other information as the Secretary may prescribe. Any information provided under this paragraph shall be in a form calculated to be understood by the average plan participant.. (2) Conforming amendments \n(A) Section 101(a)(2) of such Act ( 29 U.S.C. 1021(a)(2) ) is amended by striking 105(a) and (c) and inserting 105(a), (c), and (d). (B) Section 106(b) of such Act ( 29 U.S.C. 1026(b) ) is amended by striking sections 105(a) and 105(c) and inserting section 105.", "id": "HFF3E26FBB6764FB6B541F0067BDEFF4D", "header": "Disclosure of benefit calculations", "nested": [], "links": [ { "text": "29 U.S.C. 1021(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1026(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1026" } ] }, { "text": "(c) Effective date \n(1) In general \nThe amendments made by this section shall take effect 60 days after the adoption of rules or other guidance to carry out the amendments made by this subsection, which shall include a model notice of generally accepted investment principles, including principles of risk management and diversification. (2) Model investment principles \nFor purposes of paragraph (1), not later than 120 days after the date of the enactment of this Act, the Secretary of Labor shall issue rules or other guidance and a model notice which meets the requirements of section 105 of the Employee Retirement Income Security Act of 1974 added by this section.", "id": "H0D7E9871B2E14A77B42CB03029D2E91D", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1025(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1025" }, { "text": "29 U.S.C. 1025(d)", "legal-doc": "usc", "parsable-cite": "usc/29/1025" }, { "text": "29 U.S.C. 1021(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1026(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1026" } ] }, { "text": "402. Disclosures to Secretary of Labor relating to plan termination and relating to plan sponsors after acquisition or merger of plans \n(a) In General \nSection 104 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) (1) The administrator of any employee benefit plan subject to this part shall file with the Secretary a written notice of— (A) the termination of the plan, or (B) in connection with any plan that is acquired by or merged with another plan, the name and address of the sponsor of the acquired or merged plan. (2) The notice required under paragraph (1) shall be filed with the Secretary not later than 60 days after the effective date of the termination, acquisition, or merger.. (b) Effective date \nThe amendments made by this section shall apply with respect to terminations, acquisitions, and mergers occurring after December 31, 2005.", "id": "H9562D014ABCB4B4CB3EE1B0029C8DE6B", "header": "Disclosures to Secretary of Labor relating to plan termination and relating to plan sponsors after acquisition or merger of plans", "nested": [ { "text": "(a) In General \nSection 104 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1024 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) (1) The administrator of any employee benefit plan subject to this part shall file with the Secretary a written notice of— (A) the termination of the plan, or (B) in connection with any plan that is acquired by or merged with another plan, the name and address of the sponsor of the acquired or merged plan. (2) The notice required under paragraph (1) shall be filed with the Secretary not later than 60 days after the effective date of the termination, acquisition, or merger..", "id": "H4C72E2C0BF7E46CCAC134661213DBEF1", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1024", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to terminations, acquisitions, and mergers occurring after December 31, 2005.", "id": "H940AC1E1707247728EAB89654955905E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1024", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] }, { "text": "403. Disclosure of operating income of employers adjusted so as to exclude certain components mandated in FASB rules governing accounting for defined benefit pension plans \n(a) Matters to be included in annual report \nSection 103(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(c) ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: (5) In the case of a pension plan that is a defined benefit plan, the amount of the annual operating income of each employer maintaining the plan, as shown on the employer’s most recent annual financial statement, together with such amount as adjusted by excluding all components of net benefit cost other than the service cost component.. (b) Information to be provided annually to participants and beneficiaries \nSection 104(b)(3) of such Act ( 29 U.S.C. 1024(b)(3) ) is amended by adding at the end the following new sentence: In the case of a defined benefit plan, such other material shall include the information described in paragraph (5) of section 103(c), together with an explanation, written in a manner calculated to be understood by the average plan participant, of such information, of the service cost component included in the adjusted amount of annual operating income reported pursuant to such paragraph, and of each component excluded from such adjusted amount of annual operating income..", "id": "H14741FB0121A49D596F01DB58AD59B2", "header": "Disclosure of operating income of employers adjusted so as to exclude certain components mandated in FASB rules governing accounting for defined benefit pension plans", "nested": [ { "text": "(a) Matters to be included in annual report \nSection 103(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(c) ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: (5) In the case of a pension plan that is a defined benefit plan, the amount of the annual operating income of each employer maintaining the plan, as shown on the employer’s most recent annual financial statement, together with such amount as adjusted by excluding all components of net benefit cost other than the service cost component..", "id": "HA3A100BB0A504491B22E557239C151D3", "header": "Matters to be included in annual report", "nested": [], "links": [ { "text": "29 U.S.C. 1023(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1023" } ] }, { "text": "(b) Information to be provided annually to participants and beneficiaries \nSection 104(b)(3) of such Act ( 29 U.S.C. 1024(b)(3) ) is amended by adding at the end the following new sentence: In the case of a defined benefit plan, such other material shall include the information described in paragraph (5) of section 103(c), together with an explanation, written in a manner calculated to be understood by the average plan participant, of such information, of the service cost component included in the adjusted amount of annual operating income reported pursuant to such paragraph, and of each component excluded from such adjusted amount of annual operating income..", "id": "H480C3146A48144D9AC507E99F9B71DCB", "header": "Information to be provided annually to participants and beneficiaries", "nested": [], "links": [ { "text": "29 U.S.C. 1024(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] } ], "links": [ { "text": "29 U.S.C. 1023(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1023" }, { "text": "29 U.S.C. 1024(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1024" } ] }, { "text": "404. Specific information regarding multiemployer plans included in annual report \nSection 103 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023 ) is amended by adding at the end the following new subsection: (f) With respect to a pension plan that is a multiemployer plan, an annual report under this section shall include the following information regarding each contributing employer: (1) the employer’s name, (2) the employer’s taxpayer identification number, (3) the contract period relating to the plan, and (4) the amount contributed by the employer for the year..", "id": "HFF9EED7AC06140A7ABCB9349716C9967", "header": "Specific information regarding multiemployer plans included in annual report", "nested": [], "links": [ { "text": "29 U.S.C. 1023", "legal-doc": "usc", "parsable-cite": "usc/29/1023" } ] }, { "text": "405. Limited scope audits \nSubparagraph (C) of section 103(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(a)(3)(C) ) is amended to read as follows: (C) (i) Subject to clause (ii), the opinion required by subparagraph (A) need not be expressed as to any statements required by subsection (b)(3)(G) prepared by a bank or similar institution or insurance carrier regulated and supervised and subject to periodic examination by a State or Federal agency if no less than 95 percent of the plan’s assets have a readily ascertainable market value at the end of the plan year for which the opinion is being offered, and if such statements— (I) are certified by the bank, similar institution, or insurance carrier as complete and accurate, (II) certify the current value of each asset, (III) include a representation that, within the 18-month month period preceding the date of its certification, an independent, qualified public accountant who has satisfied the requirements of subsection (D), has issued a report, in accordance with generally accepted auditing standards, to the bank or similar institution or insurance carrier, stating that its internal controls and procedures or the internal controls and procedures of any affiliated entity, as they pertain to the execution, maintenance of accountability, recording and processing of transactions related to plan or participant recordkeeping, are adequate, and (IV) are made a part of the annual report. (ii) To the extent that the processing of transactions related to plan or participant recordkeeping is performed by an entity unaffiliated with the bank or similar institution or insurance carrier, clause (i) shall not apply unless the plan has obtained a representation from the entity that, within the 18-month period preceding the date of the opinion, an independent, qualified public accountant who has satisfied the requirements of subparagraph (D), has issued a report, in accordance with generally accepted auditing standards, to the entity stating that its internal controls and procedures, as they pertain to the execution, maintenance of accountability, recording, and processing of transactions related to plan or participant recordkeeping, are adequate. (iii) For purposes of clause (i), the term readily ascertainable market value means a value that can be readily determined on an established securities market or in accordance with regulations promulgated by the Secretary..", "id": "H0EEE2DED394D417D9BC8C9D32FAAD2D3", "header": "Limited scope audits", "nested": [], "links": [ { "text": "29 U.S.C. 1023(a)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/29/1023" } ] }, { "text": "406. Reporting and enforcement requirements for employee benefit plans \n(a) In General \nPart 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (1) by redesignating section 111 as section 112, and (2) inserting after section 110 the following new section: 111. Direct reporting of certain events \n(a) Required notifications \n(1) Notifications by plan administrator \nThe administrator of an employee benefit plan, within 5 business days after the administrator determines that there is evidence (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, shall— (A) notify the Secretary of the irregularity in writing; and (B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). (2) Notifications by accountant \n(A) In General \nAn accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant in connection with such engagement determines that there is evidence that an irregularity may have occurred with respect to the plan, shall— (i) notify the plan administrator of the irregularity in writing, or (ii) if the accountant determines that there is evidence that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. (B) Notification upon failure of plan administrator to notify \nIf an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) does not receive a copy of the administrator’s notification to the Secretary required under paragraph (1)(B) within the 5-business-day period specified therein, the accountant shall furnish to the Secretary a copy of the accountant’s notification made to the plan administrator on the next business day following such period. (3) Irregularity defined \n(A) For purposes of this subsection, the term ’irregularity’ means— (i) a theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from an employee benefit plan); (ii) an extortion or a violation of section 1951 of title 18, United States Code (relating to interference with commerce by threats or violence); (iii) a bribery, a kickback, or a violation of section 1954 of title 18, United States Code (relating to offer, acceptance, or solicitation to influence operations of an employee benefit plan); (iv) a violation of section 1027 of title 18, United States Code (relating to false statements and concealment of facts in relation to employer benefit plan records); or (v) a violation of section 411, 501, or 511 of this title (relating to criminal violations). (B) The term ’irregularity’ does not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management. (b) Notification upon termination of engagement of accountant \n(1) Notification by plan administrator \nWithin 5 business days after the termination of an engagement under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall— (A) notify the Secretary in writing of such termination, giving the reasons for such termination, and (B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. (2) Notification by accountant \nIf the accountant referred to in paragraph (1)(B) has not received a copy of the administrator’s notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement. (c) Determination of periods required for notification \nIn determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days— (1) the day on which such act or omission begins shall not be included; and (2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term ’legal holiday’ means any Federal legal holiday and any other day appointed as a holiday by the State in which the person responsible for making the notification principally conducts business. (d) Immunity for good faith notification \nExcept as provided in this Act, no accountant or plan administrator shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued under those subsections, if the finding, conclusion, or statement is made in good faith.. (b) Clerical amendments \n(1) Section 514(d)( 29 U.S.C. 114(d) ) is amended by striking 111 and inserting 112. (2) The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: Sec. 111. Direct reporting of certain events Sec. 112. Repeal and effective date. (c) Effective date \nThe amendments made by this section shall apply with respect to any irregularity or termination of engagement described in the amendments, but only if the 5-day period described in the amendments in connection with the irregularity or termination commences at least 90 days after the date of the enactment of this Act.", "id": "H48AFAE9E9522484297B984F5B7073FDF", "header": "Reporting and enforcement requirements for employee benefit plans", "nested": [ { "text": "(a) In General \nPart 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (1) by redesignating section 111 as section 112, and (2) inserting after section 110 the following new section: 111. Direct reporting of certain events \n(a) Required notifications \n(1) Notifications by plan administrator \nThe administrator of an employee benefit plan, within 5 business days after the administrator determines that there is evidence (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, shall— (A) notify the Secretary of the irregularity in writing; and (B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). (2) Notifications by accountant \n(A) In General \nAn accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant in connection with such engagement determines that there is evidence that an irregularity may have occurred with respect to the plan, shall— (i) notify the plan administrator of the irregularity in writing, or (ii) if the accountant determines that there is evidence that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. (B) Notification upon failure of plan administrator to notify \nIf an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) does not receive a copy of the administrator’s notification to the Secretary required under paragraph (1)(B) within the 5-business-day period specified therein, the accountant shall furnish to the Secretary a copy of the accountant’s notification made to the plan administrator on the next business day following such period. (3) Irregularity defined \n(A) For purposes of this subsection, the term ’irregularity’ means— (i) a theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from an employee benefit plan); (ii) an extortion or a violation of section 1951 of title 18, United States Code (relating to interference with commerce by threats or violence); (iii) a bribery, a kickback, or a violation of section 1954 of title 18, United States Code (relating to offer, acceptance, or solicitation to influence operations of an employee benefit plan); (iv) a violation of section 1027 of title 18, United States Code (relating to false statements and concealment of facts in relation to employer benefit plan records); or (v) a violation of section 411, 501, or 511 of this title (relating to criminal violations). (B) The term ’irregularity’ does not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management. (b) Notification upon termination of engagement of accountant \n(1) Notification by plan administrator \nWithin 5 business days after the termination of an engagement under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall— (A) notify the Secretary in writing of such termination, giving the reasons for such termination, and (B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. (2) Notification by accountant \nIf the accountant referred to in paragraph (1)(B) has not received a copy of the administrator’s notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement. (c) Determination of periods required for notification \nIn determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days— (1) the day on which such act or omission begins shall not be included; and (2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term ’legal holiday’ means any Federal legal holiday and any other day appointed as a holiday by the State in which the person responsible for making the notification principally conducts business. (d) Immunity for good faith notification \nExcept as provided in this Act, no accountant or plan administrator shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued under those subsections, if the finding, conclusion, or statement is made in good faith..", "id": "H2F07487397EC458180D1EF4F2EDC7CF0", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "section 664", "legal-doc": "usc", "parsable-cite": "usc/18/664" }, { "text": "section 1951", "legal-doc": "usc", "parsable-cite": "usc/18/1951" }, { "text": "section 1954", "legal-doc": "usc", "parsable-cite": "usc/18/1954" }, { "text": "section 1027", "legal-doc": "usc", "parsable-cite": "usc/18/1027" } ] }, { "text": "(b) Clerical amendments \n(1) Section 514(d)( 29 U.S.C. 114(d) ) is amended by striking 111 and inserting 112. (2) The table of contents in section 1 is amended by striking the item relating to section 111 and inserting the following new items: Sec. 111. Direct reporting of certain events Sec. 112. Repeal and effective date.", "id": "HEB782D603A5C45039DFECB55A29F6136", "header": "Clerical amendments", "nested": [], "links": [ { "text": "29 U.S.C. 114(d)", "legal-doc": "usc", "parsable-cite": "usc/29/114" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to any irregularity or termination of engagement described in the amendments, but only if the 5-day period described in the amendments in connection with the irregularity or termination commences at least 90 days after the date of the enactment of this Act.", "id": "HD91957C582BD4C27927BBB6775BACB60", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "section 664", "legal-doc": "usc", "parsable-cite": "usc/18/664" }, { "text": "section 1951", "legal-doc": "usc", "parsable-cite": "usc/18/1951" }, { "text": "section 1954", "legal-doc": "usc", "parsable-cite": "usc/18/1954" }, { "text": "section 1027", "legal-doc": "usc", "parsable-cite": "usc/18/1027" }, { "text": "29 U.S.C. 114(d)", "legal-doc": "usc", "parsable-cite": "usc/29/114" } ] }, { "text": "111. Direct reporting of certain events \n(a) Required notifications \n(1) Notifications by plan administrator \nThe administrator of an employee benefit plan, within 5 business days after the administrator determines that there is evidence (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, shall— (A) notify the Secretary of the irregularity in writing; and (B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). (2) Notifications by accountant \n(A) In General \nAn accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant in connection with such engagement determines that there is evidence that an irregularity may have occurred with respect to the plan, shall— (i) notify the plan administrator of the irregularity in writing, or (ii) if the accountant determines that there is evidence that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. (B) Notification upon failure of plan administrator to notify \nIf an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) does not receive a copy of the administrator’s notification to the Secretary required under paragraph (1)(B) within the 5-business-day period specified therein, the accountant shall furnish to the Secretary a copy of the accountant’s notification made to the plan administrator on the next business day following such period. (3) Irregularity defined \n(A) For purposes of this subsection, the term ’irregularity’ means— (i) a theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from an employee benefit plan); (ii) an extortion or a violation of section 1951 of title 18, United States Code (relating to interference with commerce by threats or violence); (iii) a bribery, a kickback, or a violation of section 1954 of title 18, United States Code (relating to offer, acceptance, or solicitation to influence operations of an employee benefit plan); (iv) a violation of section 1027 of title 18, United States Code (relating to false statements and concealment of facts in relation to employer benefit plan records); or (v) a violation of section 411, 501, or 511 of this title (relating to criminal violations). (B) The term ’irregularity’ does not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management. (b) Notification upon termination of engagement of accountant \n(1) Notification by plan administrator \nWithin 5 business days after the termination of an engagement under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall— (A) notify the Secretary in writing of such termination, giving the reasons for such termination, and (B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. (2) Notification by accountant \nIf the accountant referred to in paragraph (1)(B) has not received a copy of the administrator’s notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement. (c) Determination of periods required for notification \nIn determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days— (1) the day on which such act or omission begins shall not be included; and (2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term ’legal holiday’ means any Federal legal holiday and any other day appointed as a holiday by the State in which the person responsible for making the notification principally conducts business. (d) Immunity for good faith notification \nExcept as provided in this Act, no accountant or plan administrator shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued under those subsections, if the finding, conclusion, or statement is made in good faith.", "id": "HFE8AD102E8AF48BE90F900462CDC03BC", "header": "Direct reporting of certain events", "nested": [ { "text": "(a) Required notifications \n(1) Notifications by plan administrator \nThe administrator of an employee benefit plan, within 5 business days after the administrator determines that there is evidence (or after the administrator is notified under paragraph (2)) that an irregularity may have occurred with respect to the plan, shall— (A) notify the Secretary of the irregularity in writing; and (B) furnish a copy of such notification to the accountant who is currently engaged under section 103(a)(3)(A). (2) Notifications by accountant \n(A) In General \nAn accountant engaged by the administrator of an employee benefit plan under section 103(a)(3)(A), within 5 business days after the accountant in connection with such engagement determines that there is evidence that an irregularity may have occurred with respect to the plan, shall— (i) notify the plan administrator of the irregularity in writing, or (ii) if the accountant determines that there is evidence that the irregularity may have involved an individual who is the plan administrator or who is a senior official of the plan administrator, notify the Secretary of the irregularity in writing. (B) Notification upon failure of plan administrator to notify \nIf an accountant who has provided notification to the plan administrator pursuant to subparagraph (A)(i) does not receive a copy of the administrator’s notification to the Secretary required under paragraph (1)(B) within the 5-business-day period specified therein, the accountant shall furnish to the Secretary a copy of the accountant’s notification made to the plan administrator on the next business day following such period. (3) Irregularity defined \n(A) For purposes of this subsection, the term ’irregularity’ means— (i) a theft, embezzlement, or a violation of section 664 of title 18, United States Code (relating to theft or embezzlement from an employee benefit plan); (ii) an extortion or a violation of section 1951 of title 18, United States Code (relating to interference with commerce by threats or violence); (iii) a bribery, a kickback, or a violation of section 1954 of title 18, United States Code (relating to offer, acceptance, or solicitation to influence operations of an employee benefit plan); (iv) a violation of section 1027 of title 18, United States Code (relating to false statements and concealment of facts in relation to employer benefit plan records); or (v) a violation of section 411, 501, or 511 of this title (relating to criminal violations). (B) The term ’irregularity’ does not include any act or omission described in this paragraph involving less than $1,000 unless there is reason to believe that the act or omission may bear on the integrity of plan management.", "id": "HAB6B9BF70E24484FB4CE7F8E35D19BB0", "header": "Required notifications", "nested": [], "links": [ { "text": "section 664", "legal-doc": "usc", "parsable-cite": "usc/18/664" }, { "text": "section 1951", "legal-doc": "usc", "parsable-cite": "usc/18/1951" }, { "text": "section 1954", "legal-doc": "usc", "parsable-cite": "usc/18/1954" }, { "text": "section 1027", "legal-doc": "usc", "parsable-cite": "usc/18/1027" } ] }, { "text": "(b) Notification upon termination of engagement of accountant \n(1) Notification by plan administrator \nWithin 5 business days after the termination of an engagement under section 103(a)(3)(A) with respect to an employee benefit plan, the administrator of such plan shall— (A) notify the Secretary in writing of such termination, giving the reasons for such termination, and (B) furnish the accountant whose engagement was terminated with a copy of the notification sent to the Secretary. (2) Notification by accountant \nIf the accountant referred to in paragraph (1)(B) has not received a copy of the administrator’s notification to the Secretary as required under paragraph (1)(B), or if the accountant disagrees with the reasons given in the notification of termination of the engagement for auditing services, the accountant shall notify the Secretary in writing of the termination, giving the reasons for the termination, within 10 business days after the termination of the engagement.", "id": "HF33C82BDA56D4C82BA7B49407E5B2400", "header": "Notification upon termination of engagement of accountant", "nested": [], "links": [] }, { "text": "(c) Determination of periods required for notification \nIn determining whether a notification required under this section with respect to any act or omission has been made within the required number of business days— (1) the day on which such act or omission begins shall not be included; and (2) Saturdays, Sundays, and legal holidays shall not be included. For purposes of this subsection, the term ’legal holiday’ means any Federal legal holiday and any other day appointed as a holiday by the State in which the person responsible for making the notification principally conducts business.", "id": "H8368EA2F10D146ACBFF51C000000732D", "header": "Determination of periods required for notification", "nested": [], "links": [] }, { "text": "(d) Immunity for good faith notification \nExcept as provided in this Act, no accountant or plan administrator shall be liable to any person for any finding, conclusion, or statement made in any notification made pursuant to subsections (a)(2) or (b)(2), or pursuant to any regulations issued under those subsections, if the finding, conclusion, or statement is made in good faith.", "id": "HD8D85F6E5FBD409BB647A9A22F9500A0", "header": "Immunity for good faith notification", "nested": [], "links": [] } ], "links": [ { "text": "section 664", "legal-doc": "usc", "parsable-cite": "usc/18/664" }, { "text": "section 1951", "legal-doc": "usc", "parsable-cite": "usc/18/1951" }, { "text": "section 1954", "legal-doc": "usc", "parsable-cite": "usc/18/1954" }, { "text": "section 1027", "legal-doc": "usc", "parsable-cite": "usc/18/1027" } ] }, { "text": "407. Study of pension trends and characteristics \n(a) In General \nSection 513 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1143 ) is amended by adding at the end the following new subsection: (d) Pension surveys \n(1) In General \nThe Secretary shall submit to each House of the Congress, before the close of the second session of each Congress, a report, based on a study of current statistical and survey data, which describes dominant and emerging trends and characteristics of the private pension system, so as to ensure that the Congress is provided with periodic and timely information regarding such system. (2) Included information \nEach report submitted pursuant to paragraph (1) shall include, but not be limited to, information relating to existing pension plans regarding— (A) the types of such plans, (B) the level of employer and employee contributions, (C) vesting status, (D) accrued benefits, (E) benefit receipt, and (F) form of benefit payments. Such information shall be presented by category in connection with cohorts defined on the basis of appropriate attributes of the participants involved, including gender, age, race, and income. (3) Identification of barriers to pension receipt \nEach report submitted pursuant to paragraph (1) shall also include information which summarizes the types of problems that plan participants and beneficiaries experience in connection with the receipt of promised retirement benefits.. (b) Initial report \nThe initial report submitted pursuant to section 513(d) of the Employee Retirement Income Security Act of 1974 shall be submitted not later than December 31, 2005.", "id": "HBE0EEE53428D477698CD8EEB4DC64FC0", "header": "Study of pension trends and characteristics", "nested": [ { "text": "(a) In General \nSection 513 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1143 ) is amended by adding at the end the following new subsection: (d) Pension surveys \n(1) In General \nThe Secretary shall submit to each House of the Congress, before the close of the second session of each Congress, a report, based on a study of current statistical and survey data, which describes dominant and emerging trends and characteristics of the private pension system, so as to ensure that the Congress is provided with periodic and timely information regarding such system. (2) Included information \nEach report submitted pursuant to paragraph (1) shall include, but not be limited to, information relating to existing pension plans regarding— (A) the types of such plans, (B) the level of employer and employee contributions, (C) vesting status, (D) accrued benefits, (E) benefit receipt, and (F) form of benefit payments. Such information shall be presented by category in connection with cohorts defined on the basis of appropriate attributes of the participants involved, including gender, age, race, and income. (3) Identification of barriers to pension receipt \nEach report submitted pursuant to paragraph (1) shall also include information which summarizes the types of problems that plan participants and beneficiaries experience in connection with the receipt of promised retirement benefits..", "id": "H9EC4F3DE5AFB464B9D050993923557EB", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1143", "legal-doc": "usc", "parsable-cite": "usc/29/1143" } ] }, { "text": "(b) Initial report \nThe initial report submitted pursuant to section 513(d) of the Employee Retirement Income Security Act of 1974 shall be submitted not later than December 31, 2005.", "id": "H58FC0F96B009433F878078AF7840A465", "header": "Initial report", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1143", "legal-doc": "usc", "parsable-cite": "usc/29/1143" } ] }, { "text": "408. Early resolution program for pension benefit claims \n(a) In General \nSection 503 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1133 ) is amended— (1) by adding at the end of the heading the following: and early resolution of pension claims ; (2) by inserting (a) In general.— after Sec. 503. ; and (3) by adding at the end the following new subsection: (b) Early resolution program for pension benefit claims \n(1) In General \nThe Secretary shall establish, in consultation with national bar and arbitration associations and other interested organizations, an early resolution program for mediation of disputes regarding claims for benefits which have been denied under pension plans. (2) Mediators \nThe program shall provide for recruitment of mediators to serve under the program from individuals who have the requisite expertise for such service. The program shall provide for ongoing training for all mediators in employee benefits law as determined necessary. Upon submission of a claim to mediation proceedings under this subsection, the program shall provide for appointment of a mediator, from the roster of mediators serving under the program, to act as the mediator with regard to the claim. Such appointment shall be through a random selection procedure which shall be prescribed in regulations. (3) Fees \nThe Secretary shall assess fees as necessary from each party to cover the costs of participation in the program. The Secretary may reduce or waive a fee on the basis of inability to pay. (4) Initiation of proceedings \nA claimant with a dispute which is eligible under the program for submission to mediation thereunder may elect to commence proceedings under the program by means of filing under the program an election for mediation of the dispute. An election to commence mediation proceedings under the program shall be in such form and manner as the Secretary may prescribe. Any such election shall in all cases be voluntary, and any provision of the plan or other arrangement which has the effect of providing for the commencement of such proceedings other than by means of voluntary election by the claimant shall be null and void as a matter of law. (5) Participation in proceedings \nUpon receipt of the election to commence proceedings, the program shall provide for participation by all relevant parties. Each such party shall participate, and cooperate fully, in the proceedings. The plan administrator shall ensure that a copy of the written record of any claims procedure completed by the plan pursuant to subsection (a) and all relevant plan documents are presented to the mediator within 30 days after commencement of the proceedings. The program shall provide for appropriate confidentiality of the proceedings. (6) Time limit for proceedings \nThe mediation proceedings under the program with respect to the claim in dispute shall be completed within 30 days after compilation of all relevant plan documents relating to the claim has been achieved. (7) Process nonbinding \nFindings and conclusions made in the mediation proceedings under the program shall be treated as advisory in nature and nonbinding. Except as provided in paragraph (8), the rights of the parties under this title shall not be affected by participation in the mediation proceedings under the program. (8) Resolution through settlement agreement \nIf a case is settled through participation in the mediation proceedings under the program, the mediator shall assist the parties in drawing up an agreement which shall constitute, upon signature of the parties, a binding contract between the parties, which shall be enforceable under section 502 as if the terms of such agreement were terms of the plan. (9) Oversight \nThe Secretary shall provide for ongoing oversight of the program so as to ensure that proceedings are conducted equitably and that mediators meet prescribed standards of performance. The Secretary shall monitor and record the results of mediation proceedings conducted under the program so as to enable comprehensive evaluation of the effectiveness of the program as a means of alternative dispute resolution. (10) Notice \nThe Secretary shall— (A) notify individuals of the program or other sources of assistance in resolving benefits claim disputes, and (B) provide model information with respect to the program to be included in all summary plan descriptions and benefit determinations.. (b) Effective date \nThe amendments made by this section shall apply with respect to claims arising on or after December 31, 2005.", "id": "H9CA2A99B27EE4F37B22C6FB9918F28EB", "header": "Early resolution program for pension benefit claims", "nested": [ { "text": "(a) In General \nSection 503 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1133 ) is amended— (1) by adding at the end of the heading the following: and early resolution of pension claims ; (2) by inserting (a) In general.— after Sec. 503. ; and (3) by adding at the end the following new subsection: (b) Early resolution program for pension benefit claims \n(1) In General \nThe Secretary shall establish, in consultation with national bar and arbitration associations and other interested organizations, an early resolution program for mediation of disputes regarding claims for benefits which have been denied under pension plans. (2) Mediators \nThe program shall provide for recruitment of mediators to serve under the program from individuals who have the requisite expertise for such service. The program shall provide for ongoing training for all mediators in employee benefits law as determined necessary. Upon submission of a claim to mediation proceedings under this subsection, the program shall provide for appointment of a mediator, from the roster of mediators serving under the program, to act as the mediator with regard to the claim. Such appointment shall be through a random selection procedure which shall be prescribed in regulations. (3) Fees \nThe Secretary shall assess fees as necessary from each party to cover the costs of participation in the program. The Secretary may reduce or waive a fee on the basis of inability to pay. (4) Initiation of proceedings \nA claimant with a dispute which is eligible under the program for submission to mediation thereunder may elect to commence proceedings under the program by means of filing under the program an election for mediation of the dispute. An election to commence mediation proceedings under the program shall be in such form and manner as the Secretary may prescribe. Any such election shall in all cases be voluntary, and any provision of the plan or other arrangement which has the effect of providing for the commencement of such proceedings other than by means of voluntary election by the claimant shall be null and void as a matter of law. (5) Participation in proceedings \nUpon receipt of the election to commence proceedings, the program shall provide for participation by all relevant parties. Each such party shall participate, and cooperate fully, in the proceedings. The plan administrator shall ensure that a copy of the written record of any claims procedure completed by the plan pursuant to subsection (a) and all relevant plan documents are presented to the mediator within 30 days after commencement of the proceedings. The program shall provide for appropriate confidentiality of the proceedings. (6) Time limit for proceedings \nThe mediation proceedings under the program with respect to the claim in dispute shall be completed within 30 days after compilation of all relevant plan documents relating to the claim has been achieved. (7) Process nonbinding \nFindings and conclusions made in the mediation proceedings under the program shall be treated as advisory in nature and nonbinding. Except as provided in paragraph (8), the rights of the parties under this title shall not be affected by participation in the mediation proceedings under the program. (8) Resolution through settlement agreement \nIf a case is settled through participation in the mediation proceedings under the program, the mediator shall assist the parties in drawing up an agreement which shall constitute, upon signature of the parties, a binding contract between the parties, which shall be enforceable under section 502 as if the terms of such agreement were terms of the plan. (9) Oversight \nThe Secretary shall provide for ongoing oversight of the program so as to ensure that proceedings are conducted equitably and that mediators meet prescribed standards of performance. The Secretary shall monitor and record the results of mediation proceedings conducted under the program so as to enable comprehensive evaluation of the effectiveness of the program as a means of alternative dispute resolution. (10) Notice \nThe Secretary shall— (A) notify individuals of the program or other sources of assistance in resolving benefits claim disputes, and (B) provide model information with respect to the program to be included in all summary plan descriptions and benefit determinations..", "id": "H6DAC67A9472548C8BA9DB1C35562801B", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1133", "legal-doc": "usc", "parsable-cite": "usc/29/1133" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to claims arising on or after December 31, 2005.", "id": "H679F3F976AEB47BEAAE86857BD776445", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1133", "legal-doc": "usc", "parsable-cite": "usc/29/1133" } ] }, { "text": "409. Review of benefit determinations \n(a) De novo review \n(1) Internal review \nSection 503 of the Employee Retirement Income Security Act of 1974 (as amended by section 408) is amended further— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: (b) Review requirements \nAny review required under subsection (a)(2)— (1) shall be de novo, and (2) shall be conducted by an individual who did not make the initial decision denying the claim and who is authorized to approve payment of the claim.. (2) Court review \nSection 502(e) of such Act ( 29 U.S.C. 1132(e) ) is amended by adding at the end the following new paragraph: (3) Notwithstanding any provision by the plan for the exercise by a fiduciary of discretionary authority with respect to any benefit determination, in any action under paragraph (1)(B) or (3) of subsection (a) or in any other action under this section to review a final benefit determination under the plan, the review by the court shall be de novo, and the court may review all evidence presented.. (b) Application of common law principles of contract interpretation \nSection 502(e) of such Act (as amended by subsection (a)(2)) is amended further by adding at the end the following new paragraph: (4) In interpreting the terms of an employee benefit plan under this section, the court shall employ such common law principles of contract interpretation as are determined appropriate by the court. Nothing in this title shall preclude the Federal courts from developing and applying Federal common law for purposes of this paragraph which is consistent with the provisions of this title.. (c) Effective date \nThe amendments made by this section shall apply with respect to causes of action arising after December 31, 2005.", "id": "H11E097F932E14ECDB56CA50369C4918B", "header": "Review of benefit determinations", "nested": [ { "text": "(a) De novo review \n(1) Internal review \nSection 503 of the Employee Retirement Income Security Act of 1974 (as amended by section 408) is amended further— (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: (b) Review requirements \nAny review required under subsection (a)(2)— (1) shall be de novo, and (2) shall be conducted by an individual who did not make the initial decision denying the claim and who is authorized to approve payment of the claim.. (2) Court review \nSection 502(e) of such Act ( 29 U.S.C. 1132(e) ) is amended by adding at the end the following new paragraph: (3) Notwithstanding any provision by the plan for the exercise by a fiduciary of discretionary authority with respect to any benefit determination, in any action under paragraph (1)(B) or (3) of subsection (a) or in any other action under this section to review a final benefit determination under the plan, the review by the court shall be de novo, and the court may review all evidence presented..", "id": "H1232DD56B8064433A2BF809F21498231", "header": "De novo review", "nested": [], "links": [ { "text": "29 U.S.C. 1132(e)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "(b) Application of common law principles of contract interpretation \nSection 502(e) of such Act (as amended by subsection (a)(2)) is amended further by adding at the end the following new paragraph: (4) In interpreting the terms of an employee benefit plan under this section, the court shall employ such common law principles of contract interpretation as are determined appropriate by the court. Nothing in this title shall preclude the Federal courts from developing and applying Federal common law for purposes of this paragraph which is consistent with the provisions of this title..", "id": "H4FD2750D1384421DA3EB6C2ECF7DAC84", "header": "Application of common law principles of contract interpretation", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to causes of action arising after December 31, 2005.", "id": "H24477E4AB9D3422988F0E8771C835CC6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1132(e)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "410. Allowable relief \n(a) Pre-judgment interest, attorney fees, and costs of action \n(1) Pre-judgment interest on unpaid benefits \nSection 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(a)(1)(B) ) is amended by inserting (together with reasonable pre-judgment interest on unpaid pension plan benefits) after to recover benefits due to him under the terms of his plan. (2) Attorney fees and costs of action \nSection 502(g) of such Act ( 29 U.S.C. 1132(g) ) is amended— (A) in paragraph (1), by inserting or (3) after paragraph (2) ; and (B) by adding at the end the following new paragraph: (3) In any action or settlement proceeding under this title with respect to an employee pension benefit plan brought by a participant or beneficiary under such plan in which the participant or beneficiary prevails or substantially prevails, the participant or beneficiary shall be entitled to reasonable attorney’s fees, reasonable expert witness fees, and other reasonable costs relating to the action.. (b) Allowance for legal relief \nSection 502(a) of such Act ( 29 U.S.C. 1132(a) ) is amended, in paragraphs (3)(B), (5)(B), and (8)(B), by inserting legal or before equitable each place it appears. (c) Effective date \nThe amendments made by this section shall apply with respect to causes of action arising after December 31, 2005.", "id": "H4AC779E20FEE4405AF00FCF5D04B5961", "header": "Allowable relief", "nested": [ { "text": "(a) Pre-judgment interest, attorney fees, and costs of action \n(1) Pre-judgment interest on unpaid benefits \nSection 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(a)(1)(B) ) is amended by inserting (together with reasonable pre-judgment interest on unpaid pension plan benefits) after to recover benefits due to him under the terms of his plan. (2) Attorney fees and costs of action \nSection 502(g) of such Act ( 29 U.S.C. 1132(g) ) is amended— (A) in paragraph (1), by inserting or (3) after paragraph (2) ; and (B) by adding at the end the following new paragraph: (3) In any action or settlement proceeding under this title with respect to an employee pension benefit plan brought by a participant or beneficiary under such plan in which the participant or beneficiary prevails or substantially prevails, the participant or beneficiary shall be entitled to reasonable attorney’s fees, reasonable expert witness fees, and other reasonable costs relating to the action..", "id": "HBCB61473B07F45EE0082B64780C4D912", "header": "Pre-judgment interest, attorney fees, and costs of action", "nested": [], "links": [ { "text": "29 U.S.C. 1132(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1132(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "(b) Allowance for legal relief \nSection 502(a) of such Act ( 29 U.S.C. 1132(a) ) is amended, in paragraphs (3)(B), (5)(B), and (8)(B), by inserting legal or before equitable each place it appears.", "id": "H3A79C854A76E464CBC01BF8579C74215", "header": "Allowance for legal relief", "nested": [], "links": [ { "text": "29 U.S.C. 1132(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to causes of action arising after December 31, 2005.", "id": "H75990344A11348D9B816015E3F2758C8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1132(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1132(g)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1132(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "411. Assessment by Secretary of Labor of penalties for failures to meet disclosure requirements \n(a) In General \nSection 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) ) is amended to read as follows: (c) (1) The Secretary may assess a civil penalty against any person of up to $1,000 a day from the date of any failure or refusal by such person described in paragraph (2). (2) A failure or refusal described in this paragraph is any of the following: (A) A failure or refusal by a plan administrator to comply with a request for any information which such administrator is required by this title to furnish to a participant or beneficiary by mailing the material requested to the last known address of the requesting participant or beneficiary within 30 days after such request. (B) A failure or refusal by a plan administrator to file the annual report required to be filed with the Secretary under section 101(b)(4). For purposes of this subparagraph, an annual report that has been rejected under section 104(a)(4) for failure to provide material information shall not be treated as having been filed with the Secretary. (C) A failure or refusal by an employer maintaining a plan to meet the notice requirement of section 101(d) with respect to any participant or beneficiary. (D) A failure or refusal by a plan administrator to meet the requirements of section 101(e)(1) with respect to a participant or beneficiary. (E) A failure or refusal by an employer maintaining a plan to meet the requirements of section 101(e)(2) with respect to any person. (F) A failure or refusal by any person to meet the requirements of section 101(f)(1). (G) A failure or refusal by any person to file the information required to be filed by such person with the Secretary under regulations prescribed pursuant to section 101(g). (H) A failure or refusal by a plan administrator to provide notice to participants and beneficiaries in accordance with section 101(i). (I) A failure or refusal by a plan administrator to furnish documents to the Secretary, as requested by the Secretary under section 104(a)(6), within 30 days after such a request. (J) A failure or refusal by a plan administrator to meet the requirements of paragraph (1) or (4) of section 606. (3) For purposes of this subsection, each violation described in subparagraph (A), (C), (D), (E), (F), (H), or (J) of paragraph (2) with respect to any single participant, beneficiary, or other person shall be treated as a separate violation. (4) In the case of any failure or refusal described in paragraph subparagraph (A), (C), or (J) of paragraph (2) by any administrator or employer with respect to any participant, beneficiary, or other person, such administrator or employer may, in the court’s discretion, be liable to such participant, beneficiary, or other person in the amount of up to $1,000 a day from the date of such failure or refusal. Any liability under this paragraph shall be in addition to any liability imposed under paragraph (1). (5) (A) The Secretary may assess a civil penalty of up to $50,000 against any administrator who fails to provide the Secretary with any notification as required under section 111. (B) The Secretary may assess a civil penalty of up to $50,000 against any accountant who knowingly and willfully fails to provide the Secretary with any notification as required under section 111. (6) In addition to any liability imposed under paragraph (1), (4), or (5), the court may in its discretion order such other relief as it deems proper. (7) No liability may be imposed on any person under this subsection for any failure resulting from matters reasonably beyond the control of such person. (8) The Secretary and the Secretary of Health and Human Services shall maintain such ongoing consultation as may be necessary and appropriate to coordinate enforcement under this subsection with enforcement under section 1144(c)(8) of the Social Security Act.. (b) Conforming amendment \nSection 502(a)(6) of such Act ( 29 U.S.C. 1132(a)(6) ) is amended by striking under paragraph (2), (4), (5), (6), or (7) of subsection (c) or under subsection (i) or (l) and inserting under subsection (c), (i), or (l). (c) Effective date \nThe amendments made by this section shall apply with respect to failures and refusals occurring after December 31, 2005.", "id": "H389CE68C35B84DBD9313C1D8C2F2F0AA", "header": "Assessment by Secretary of Labor of penalties for failures to meet disclosure requirements", "nested": [ { "text": "(a) In General \nSection 502(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(c) ) is amended to read as follows: (c) (1) The Secretary may assess a civil penalty against any person of up to $1,000 a day from the date of any failure or refusal by such person described in paragraph (2). (2) A failure or refusal described in this paragraph is any of the following: (A) A failure or refusal by a plan administrator to comply with a request for any information which such administrator is required by this title to furnish to a participant or beneficiary by mailing the material requested to the last known address of the requesting participant or beneficiary within 30 days after such request. (B) A failure or refusal by a plan administrator to file the annual report required to be filed with the Secretary under section 101(b)(4). For purposes of this subparagraph, an annual report that has been rejected under section 104(a)(4) for failure to provide material information shall not be treated as having been filed with the Secretary. (C) A failure or refusal by an employer maintaining a plan to meet the notice requirement of section 101(d) with respect to any participant or beneficiary. (D) A failure or refusal by a plan administrator to meet the requirements of section 101(e)(1) with respect to a participant or beneficiary. (E) A failure or refusal by an employer maintaining a plan to meet the requirements of section 101(e)(2) with respect to any person. (F) A failure or refusal by any person to meet the requirements of section 101(f)(1). (G) A failure or refusal by any person to file the information required to be filed by such person with the Secretary under regulations prescribed pursuant to section 101(g). (H) A failure or refusal by a plan administrator to provide notice to participants and beneficiaries in accordance with section 101(i). (I) A failure or refusal by a plan administrator to furnish documents to the Secretary, as requested by the Secretary under section 104(a)(6), within 30 days after such a request. (J) A failure or refusal by a plan administrator to meet the requirements of paragraph (1) or (4) of section 606. (3) For purposes of this subsection, each violation described in subparagraph (A), (C), (D), (E), (F), (H), or (J) of paragraph (2) with respect to any single participant, beneficiary, or other person shall be treated as a separate violation. (4) In the case of any failure or refusal described in paragraph subparagraph (A), (C), or (J) of paragraph (2) by any administrator or employer with respect to any participant, beneficiary, or other person, such administrator or employer may, in the court’s discretion, be liable to such participant, beneficiary, or other person in the amount of up to $1,000 a day from the date of such failure or refusal. Any liability under this paragraph shall be in addition to any liability imposed under paragraph (1). (5) (A) The Secretary may assess a civil penalty of up to $50,000 against any administrator who fails to provide the Secretary with any notification as required under section 111. (B) The Secretary may assess a civil penalty of up to $50,000 against any accountant who knowingly and willfully fails to provide the Secretary with any notification as required under section 111. (6) In addition to any liability imposed under paragraph (1), (4), or (5), the court may in its discretion order such other relief as it deems proper. (7) No liability may be imposed on any person under this subsection for any failure resulting from matters reasonably beyond the control of such person. (8) The Secretary and the Secretary of Health and Human Services shall maintain such ongoing consultation as may be necessary and appropriate to coordinate enforcement under this subsection with enforcement under section 1144(c)(8) of the Social Security Act..", "id": "H0E92E0AF2F274BB0900080FC9BEC9800", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1132(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "(b) Conforming amendment \nSection 502(a)(6) of such Act ( 29 U.S.C. 1132(a)(6) ) is amended by striking under paragraph (2), (4), (5), (6), or (7) of subsection (c) or under subsection (i) or (l) and inserting under subsection (c), (i), or (l).", "id": "H82EC08139AC148FA8DDC1221A745B558", "header": "Conforming amendment", "nested": [], "links": [ { "text": "29 U.S.C. 1132(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to failures and refusals occurring after December 31, 2005.", "id": "HBD5682A3DC9B43798495BD75D0A62C54", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1132(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1132(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "412. Missing participants and unclaimed benefits \n(a) Treatment of missing participants of multiemployer plans and certain plans not otherwise covered \nSection 4050 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1350 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following new subsections: (b) Multiemployer plans \nThe corporation shall prescribe rules similar to the rules in subsection (a) for multiemployer plans covered by this title that terminate under section 4041A. (c) Elective transfer of missing participant’s benefits to the corporation by certain other plans upon termination \n(1) In general \nThe plan administrator of a plan described in paragraph (4) may elect to transfer a missing participant’s benefits to the corporation upon termination of the plan. (2) Information to the corporation \nTo the extent provided in regulations, the plan administrator of a plan described in paragraph (4) shall, upon termination of the plan, provide the corporation information with respect to the benefits of a missing participant if the plan transfers such benefits— (A) to the corporation, or (B) to an entity other than the corporation or a plan described in paragraph (4)(B)(ii). (3) Payment by the corporation \nIf benefits of a missing participant were transferred to the corporation under paragraph (1), the corporation shall, upon location of the participant or beneficiary, pay to the participant or beneficiary the amount transferred (or the appropriate survivor benefit) either— (A) in a single sum (plus interest), or (B) in such other form as is specified in regulations of the corporation. (4) Plans described \nA plan is described in this paragraph if— (A) the plan is a pension plan (within the meaning of section 3(2))— (i) to which the provisions of this section do not apply (without regard to this subsection), and (ii) which is not a plan described in paragraphs (2) through (11) of section 4021(b), and (B) at the time the assets are to be distributed upon termination, the plan— (i) has missing participants, and (ii) has not provided for the transfer of assets to pay the benefits of all missing participants to another pension plan (within the meaning of section 3(2)). (5) Certain provisions not to apply \nSubsections (a)(1) and (a)(3) shall not apply to a plan described in paragraph (4).. (b) Treatment of unclaimed benefits in cases not involving termination or in cases of certain plans \n(1) In general \nSection 4050 of such Act (as amended by subsection (a)) is amended further by inserting after subsection (c) the following new subsection: (d) Treatment of unclaimed benefits in cases not involving termination or in cases of certain plans \n(1) Elective transfer of unclaimed benefits to the corporation \nThe plan administrator of a plan described in paragraph (6) may elect to transfer unclaimed benefits to the corporation. (2) Information to the corporation \nThe corporation may impose such conditions on transfers of unclaimed benefits to the corporation as the corporation determines are necessary to facilitate administration of this subsection and are not inconsistent with the purposes of this subsection. Such conditions may include requirements that the transferring plan provide to the corporation specified information and documentation. (3) Payment to the corporation \nWith respect to any participant, any transfer of an unclaimed benefit to the corporation shall— (A) in the case of a defined benefit plan, be a transfer of the participant’s designated benefit, or (B) in the case of an individual account plan, be a transfer of the participant’s vested account balance under the plan. (4) Payment by the corporation \nSubject to such reasonable restrictions as may be prescribed in regulations of the corporation (relating to investment limitations and otherwise)— (A) unclaimed benefits of a participant or beneficiary which are transferred to the corporation pursuant to this subsection shall be distributed by the corporation to the participant or beneficiary not later than upon application filed by the participant or beneficiary with the corporation in such form and manner as may be prescribed in regulations of the corporation, and (B) such benefits shall— (i) in the case of an individual account plan, be paid in a single sum (plus interest) or in such other form as is specified in regulations of the corporation, or (ii) in the case of a defined benefit plan, be paid— (I) in an amount based on the designated benefit and the assumptions prescribed by the corporation at the time that the corporation received the benefit, and (II) in a form determined under regulations of the corporation. (5) Notice \nAny transfer of unclaimed benefits of a participant or beneficiary to the corporation pursuant to this subsection may occur only after reasonable advance notice of such transfer is provided by the plan administrator to the participant or beneficiary. The plan administrator shall also provide to the participant or beneficiary notice of any such transfer not later than 30 days after the date of the transfer. Notice mailed to the last known address of the participant or beneficiary shall be treated as a notice to the participant or beneficiary for purposes of this paragraph. Any such notice shall include information regarding procedures for obtaining the distribution of benefits from the corporation in accordance with paragraph (4). (6) Plans described \nA plan is described in this paragraph if the plan is a pension plan (within the meaning of section 3(2)— (A) (i) which has neither terminated nor is in the process of terminating, or (ii) in the case of an unclaimed benefit to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies (other than an unclaimed benefit of a missing participant), which has terminated or is in the process of terminating, and (B) which is not a plan described in paragraphs (2) through (11) of section 4021(b). (7) Certain provisions not to apply \nSubsection (a) shall not apply to a plan described in paragraph (6).. (2) Unclaimed benefit defined \nSubsection (f) of section 4050 of such Act (as redesignated by subsection (a)(1)) is amended by adding at the end the following paragraph: (3) Unclaimed benefit \nThe term unclaimed benefit means— (A) any benefit of a participant or beneficiary which is distributable under the terms of the plan to the participant or beneficiary, if the distribution of the benefit has not commenced within 1 year after the later of the date on which the benefit first became so distributable or the participant’s severance from employment; (B) any benefit or other amount of a participant or beneficiary which is distributable under the terms of the plan with respect to a missing participant, or (C) any benefit to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies or would apply if subclause (I) of section 401(a)(31)(B)(i) of such Code did not require the distribution to exceed $1,000. A benefit otherwise described in subparagraph (A) shall not be treated as an unclaimed benefit under subparagraph (A) if the participant or beneficiary elects not to have such treatment apply. Any such participant or beneficiary shall be given reasonable notice of the opportunity to make such an election. If the participant or beneficiary fails to make such an election within a reasonable period specified in the notice, any subsequent election shall not be given effect and the benefit shall be treated as an unclaimed benefit. A notice mailed to the last known address of the participant or beneficiary shall be treated as a notice to the participant or beneficiary for purposes of this paragraph.. (3) Conforming amendment \nSection 4021(b) of such Act ( 29 U.S.C. 1321(b)(1) ) is amended by striking This and inserting Except to the extent provided in subsections (c) and (d) of section 4050, this. (c) Treatment of transferred assets \nSection 4050 of such Act (as amended by the preceding provisions of this section) is amended further— (1) in subsection (a), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (2) by inserting after subsection (d) the following new subsection: (e) Treatment of transferred assets \nA transfer to the corporation under this section shall be treated as a transfer of assets from a terminated plan to the corporation as trustee, and shall be held with assets of terminated plans for which the corporation is trustee under section 4042, subject to the rules set forth in that section.. (d) Escheat laws superseded \nSection 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (1) by redesignating paragraph (9) as paragraph (10), and (2) by inserting after paragraph (8) the following new paragraph: (9) Any escheat or similar law of any State shall be superseded to the extent inconsistent with any transfer or other treatment of unclaimed benefits (as defined in section 4050(e)(3)) permitted under section 4050(d).. (e) Effective dates and related rules \n(1) In general \nThe amendments made by subsection (a) shall apply to terminations occurring after December 31, 2005. the amendments made by subsections (b) and (c) shall apply with respect to transfers occurring after such date. The amendments made by subsection (d) shall apply with respect to transfers or treatment of unclaimed benefits occurring after such date. (2) Regulations \nThe Pension Benefit Guaranty Corporation shall issue regulations necessary to carry out the amendments made by this section not later than December 31, 2005.", "id": "H379789E8A4184DFB0000739CFA20BED7", "header": "Missing participants and unclaimed benefits", "nested": [ { "text": "(a) Treatment of missing participants of multiemployer plans and certain plans not otherwise covered \nSection 4050 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1350 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (f) and (g), respectively; and (2) by inserting after subsection (a) the following new subsections: (b) Multiemployer plans \nThe corporation shall prescribe rules similar to the rules in subsection (a) for multiemployer plans covered by this title that terminate under section 4041A. (c) Elective transfer of missing participant’s benefits to the corporation by certain other plans upon termination \n(1) In general \nThe plan administrator of a plan described in paragraph (4) may elect to transfer a missing participant’s benefits to the corporation upon termination of the plan. (2) Information to the corporation \nTo the extent provided in regulations, the plan administrator of a plan described in paragraph (4) shall, upon termination of the plan, provide the corporation information with respect to the benefits of a missing participant if the plan transfers such benefits— (A) to the corporation, or (B) to an entity other than the corporation or a plan described in paragraph (4)(B)(ii). (3) Payment by the corporation \nIf benefits of a missing participant were transferred to the corporation under paragraph (1), the corporation shall, upon location of the participant or beneficiary, pay to the participant or beneficiary the amount transferred (or the appropriate survivor benefit) either— (A) in a single sum (plus interest), or (B) in such other form as is specified in regulations of the corporation. (4) Plans described \nA plan is described in this paragraph if— (A) the plan is a pension plan (within the meaning of section 3(2))— (i) to which the provisions of this section do not apply (without regard to this subsection), and (ii) which is not a plan described in paragraphs (2) through (11) of section 4021(b), and (B) at the time the assets are to be distributed upon termination, the plan— (i) has missing participants, and (ii) has not provided for the transfer of assets to pay the benefits of all missing participants to another pension plan (within the meaning of section 3(2)). (5) Certain provisions not to apply \nSubsections (a)(1) and (a)(3) shall not apply to a plan described in paragraph (4)..", "id": "HE1611658725845FDA49E1DA657DFE08E", "header": "Treatment of missing participants of multiemployer plans and certain plans not otherwise covered", "nested": [], "links": [ { "text": "29 U.S.C. 1350", "legal-doc": "usc", "parsable-cite": "usc/29/1350" } ] }, { "text": "(b) Treatment of unclaimed benefits in cases not involving termination or in cases of certain plans \n(1) In general \nSection 4050 of such Act (as amended by subsection (a)) is amended further by inserting after subsection (c) the following new subsection: (d) Treatment of unclaimed benefits in cases not involving termination or in cases of certain plans \n(1) Elective transfer of unclaimed benefits to the corporation \nThe plan administrator of a plan described in paragraph (6) may elect to transfer unclaimed benefits to the corporation. (2) Information to the corporation \nThe corporation may impose such conditions on transfers of unclaimed benefits to the corporation as the corporation determines are necessary to facilitate administration of this subsection and are not inconsistent with the purposes of this subsection. Such conditions may include requirements that the transferring plan provide to the corporation specified information and documentation. (3) Payment to the corporation \nWith respect to any participant, any transfer of an unclaimed benefit to the corporation shall— (A) in the case of a defined benefit plan, be a transfer of the participant’s designated benefit, or (B) in the case of an individual account plan, be a transfer of the participant’s vested account balance under the plan. (4) Payment by the corporation \nSubject to such reasonable restrictions as may be prescribed in regulations of the corporation (relating to investment limitations and otherwise)— (A) unclaimed benefits of a participant or beneficiary which are transferred to the corporation pursuant to this subsection shall be distributed by the corporation to the participant or beneficiary not later than upon application filed by the participant or beneficiary with the corporation in such form and manner as may be prescribed in regulations of the corporation, and (B) such benefits shall— (i) in the case of an individual account plan, be paid in a single sum (plus interest) or in such other form as is specified in regulations of the corporation, or (ii) in the case of a defined benefit plan, be paid— (I) in an amount based on the designated benefit and the assumptions prescribed by the corporation at the time that the corporation received the benefit, and (II) in a form determined under regulations of the corporation. (5) Notice \nAny transfer of unclaimed benefits of a participant or beneficiary to the corporation pursuant to this subsection may occur only after reasonable advance notice of such transfer is provided by the plan administrator to the participant or beneficiary. The plan administrator shall also provide to the participant or beneficiary notice of any such transfer not later than 30 days after the date of the transfer. Notice mailed to the last known address of the participant or beneficiary shall be treated as a notice to the participant or beneficiary for purposes of this paragraph. Any such notice shall include information regarding procedures for obtaining the distribution of benefits from the corporation in accordance with paragraph (4). (6) Plans described \nA plan is described in this paragraph if the plan is a pension plan (within the meaning of section 3(2)— (A) (i) which has neither terminated nor is in the process of terminating, or (ii) in the case of an unclaimed benefit to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies (other than an unclaimed benefit of a missing participant), which has terminated or is in the process of terminating, and (B) which is not a plan described in paragraphs (2) through (11) of section 4021(b). (7) Certain provisions not to apply \nSubsection (a) shall not apply to a plan described in paragraph (6).. (2) Unclaimed benefit defined \nSubsection (f) of section 4050 of such Act (as redesignated by subsection (a)(1)) is amended by adding at the end the following paragraph: (3) Unclaimed benefit \nThe term unclaimed benefit means— (A) any benefit of a participant or beneficiary which is distributable under the terms of the plan to the participant or beneficiary, if the distribution of the benefit has not commenced within 1 year after the later of the date on which the benefit first became so distributable or the participant’s severance from employment; (B) any benefit or other amount of a participant or beneficiary which is distributable under the terms of the plan with respect to a missing participant, or (C) any benefit to which section 401(a)(31)(B) of the Internal Revenue Code of 1986 applies or would apply if subclause (I) of section 401(a)(31)(B)(i) of such Code did not require the distribution to exceed $1,000. A benefit otherwise described in subparagraph (A) shall not be treated as an unclaimed benefit under subparagraph (A) if the participant or beneficiary elects not to have such treatment apply. Any such participant or beneficiary shall be given reasonable notice of the opportunity to make such an election. If the participant or beneficiary fails to make such an election within a reasonable period specified in the notice, any subsequent election shall not be given effect and the benefit shall be treated as an unclaimed benefit. A notice mailed to the last known address of the participant or beneficiary shall be treated as a notice to the participant or beneficiary for purposes of this paragraph.. (3) Conforming amendment \nSection 4021(b) of such Act ( 29 U.S.C. 1321(b)(1) ) is amended by striking This and inserting Except to the extent provided in subsections (c) and (d) of section 4050, this.", "id": "H5604A8739B014686AA779819C6D4F59", "header": "Treatment of unclaimed benefits in cases not involving termination or in cases of certain plans", "nested": [], "links": [ { "text": "section 401(a)(31)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "section 401(a)(31)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "29 U.S.C. 1321(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1321" } ] }, { "text": "(c) Treatment of transferred assets \nSection 4050 of such Act (as amended by the preceding provisions of this section) is amended further— (1) in subsection (a), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (2) by inserting after subsection (d) the following new subsection: (e) Treatment of transferred assets \nA transfer to the corporation under this section shall be treated as a transfer of assets from a terminated plan to the corporation as trustee, and shall be held with assets of terminated plans for which the corporation is trustee under section 4042, subject to the rules set forth in that section..", "id": "H5270B2E67F3F41AD859C06B5E0950E", "header": "Treatment of transferred assets", "nested": [], "links": [] }, { "text": "(d) Escheat laws superseded \nSection 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (1) by redesignating paragraph (9) as paragraph (10), and (2) by inserting after paragraph (8) the following new paragraph: (9) Any escheat or similar law of any State shall be superseded to the extent inconsistent with any transfer or other treatment of unclaimed benefits (as defined in section 4050(e)(3)) permitted under section 4050(d)..", "id": "H402B604CB2244309850829DD010865B6", "header": "Escheat laws superseded", "nested": [], "links": [ { "text": "29 U.S.C. 1144(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1144" } ] }, { "text": "(e) Effective dates and related rules \n(1) In general \nThe amendments made by subsection (a) shall apply to terminations occurring after December 31, 2005. the amendments made by subsections (b) and (c) shall apply with respect to transfers occurring after such date. The amendments made by subsection (d) shall apply with respect to transfers or treatment of unclaimed benefits occurring after such date. (2) Regulations \nThe Pension Benefit Guaranty Corporation shall issue regulations necessary to carry out the amendments made by this section not later than December 31, 2005.", "id": "HFD192023B63D46BE9C27FDBA8729910", "header": "Effective dates and related rules", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1350", "legal-doc": "usc", "parsable-cite": "usc/29/1350" }, { "text": "section 401(a)(31)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "section 401(a)(31)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/401" }, { "text": "29 U.S.C. 1321(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/1321" }, { "text": "29 U.S.C. 1144(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1144" } ] }, { "text": "413. Fiduciary duties with respect to changes in investment options \n(a) In General \nSection 404(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c) ) is amended— (1) by adjusting the margination of paragraphs (2) and (3) so as to align them with paragraph (1); and (2) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), in the case of any pension plan amendment changing investment options under the plan, the plan shall not be treated as permitting a participant or beneficiary to exercise control over assets in his or her account unless, under the terms of such amendment, the participant or beneficiary is permitted to retain any existing investment option with respect to any assets in his or her account invested pursuant to such option until such assets are otherwise invested by the participant or beneficiary.. (b) Effective date \nThe amendment made by this section shall apply with respect to plan amendments adopted after the date of the enactment of this Act.", "id": "HCADC22BF8736473F006336ECB3FBDAD1", "header": "Fiduciary duties with respect to changes in investment options", "nested": [ { "text": "(a) In General \nSection 404(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(c) ) is amended— (1) by adjusting the margination of paragraphs (2) and (3) so as to align them with paragraph (1); and (2) by adding at the end the following new paragraph: (4) For purposes of paragraph (1), in the case of any pension plan amendment changing investment options under the plan, the plan shall not be treated as permitting a participant or beneficiary to exercise control over assets in his or her account unless, under the terms of such amendment, the participant or beneficiary is permitted to retain any existing investment option with respect to any assets in his or her account invested pursuant to such option until such assets are otherwise invested by the participant or beneficiary..", "id": "HA3D6DEB86AB846E3B462C01BF91FAEDE", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1104(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to plan amendments adopted after the date of the enactment of this Act.", "id": "H16CD01DBAB264560A5FE76DD83A135D9", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1104(c)", "legal-doc": "usc", "parsable-cite": "usc/29/1104" } ] }, { "text": "414. Office of Pension Participant Advocacy \n(a) In general \nTitle III of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 3001 et seq. ) is amended by adding at the end the following: D Office of Pension Participant Advocacy \n3051. Office of Pension Participant Advocacy \n(a) Establishment \n(1) In general \nThere is established in the Department of Labor an office to be known as the Office of Pension Participant Advocacy. (2) Pension Participant Advocate \nThe Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the Pension Participant Advocate who shall— (A) have demonstrated experience in the area of pension participant assistance, and (B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. (b) Functions of office \nIt shall be the function of the Office of Pension Participant Advocacy to— (1) assist participants and beneficiaries in understanding their rights to benefits under employee benefit plans, and, to the extent feasible, assist participants in obtaining such benefits, (2) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women’s, and other appropriate organizations in assisting and protecting pension plan participants, including— (A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, (B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and (C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, (3) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including— (A) enlisting the cooperation of the public and private sectors in disseminating information, and (B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, (4) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, (5) give priority to the special needs of low and moderate income participants, and (6) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. (c) Reports \n(1) Annual report \nNot later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall— (A) identify significant problems the Advocate has identified, (B) include specific legislative and regulatory changes to address the problems, and (C) identify any actions taken to correct problems identified in any previous report. The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. (2) Specific reports \nThe Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. (3) Reports to be submitted directly \nThe report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by the Secretary or any other Federal officer or employee. (d) Specific powers \n(1) Receipt of information \nSubject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate’s responsibilities under this section. (2) Appearances \nThe Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. (3) Contracting authority \nIn carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law— (A) contract with any person to acquire statistical information with respect to pension plan participants, and (B) conduct direct surveys of pension plan participants.. (b) Conforming amendment \nThe table of contents for title III of such Act is amended by adding at the end the following: Subtitle C—Office of Pension Participant Advocacy 3051. Office of Pension Participant Advocacy. (c) Effective date and transition rules \n(1) Effective date \nThe amendment made by this section shall take effect on January 1, 2005. (2) Abolishment of the Office of Participant Assistance and Communications and related transition rules \nEffective January 1, 2005, the Office of Participant Assistance and Communications in the Department of Labor is abolished, and the Secretary of Labor shall provide for the transfer, as appropriate, of the functions and personnel of such Office to the Office of Pension Participant Advocacy established under subtitle D of title III of the Employee Retirement Income Security Act of 1974 (as added by this Act).", "id": "HFD48E9681B594A32BE778C3B0800E6AD", "header": "Office of Pension Participant Advocacy", "nested": [ { "text": "(a) In general \nTitle III of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 3001 et seq. ) is amended by adding at the end the following: D Office of Pension Participant Advocacy \n3051. Office of Pension Participant Advocacy \n(a) Establishment \n(1) In general \nThere is established in the Department of Labor an office to be known as the Office of Pension Participant Advocacy. (2) Pension Participant Advocate \nThe Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the Pension Participant Advocate who shall— (A) have demonstrated experience in the area of pension participant assistance, and (B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. (b) Functions of office \nIt shall be the function of the Office of Pension Participant Advocacy to— (1) assist participants and beneficiaries in understanding their rights to benefits under employee benefit plans, and, to the extent feasible, assist participants in obtaining such benefits, (2) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women’s, and other appropriate organizations in assisting and protecting pension plan participants, including— (A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, (B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and (C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, (3) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including— (A) enlisting the cooperation of the public and private sectors in disseminating information, and (B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, (4) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, (5) give priority to the special needs of low and moderate income participants, and (6) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. (c) Reports \n(1) Annual report \nNot later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall— (A) identify significant problems the Advocate has identified, (B) include specific legislative and regulatory changes to address the problems, and (C) identify any actions taken to correct problems identified in any previous report. The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. (2) Specific reports \nThe Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. (3) Reports to be submitted directly \nThe report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by the Secretary or any other Federal officer or employee. (d) Specific powers \n(1) Receipt of information \nSubject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate’s responsibilities under this section. (2) Appearances \nThe Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. (3) Contracting authority \nIn carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law— (A) contract with any person to acquire statistical information with respect to pension plan participants, and (B) conduct direct surveys of pension plan participants..", "id": "H9A497FD0DC3442758600E978BB6715C3", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "(b) Conforming amendment \nThe table of contents for title III of such Act is amended by adding at the end the following: Subtitle C—Office of Pension Participant Advocacy 3051. Office of Pension Participant Advocacy.", "id": "HB5085B3D3392482DA0656714767B6117", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Effective date and transition rules \n(1) Effective date \nThe amendment made by this section shall take effect on January 1, 2005. (2) Abolishment of the Office of Participant Assistance and Communications and related transition rules \nEffective January 1, 2005, the Office of Participant Assistance and Communications in the Department of Labor is abolished, and the Secretary of Labor shall provide for the transfer, as appropriate, of the functions and personnel of such Office to the Office of Pension Participant Advocacy established under subtitle D of title III of the Employee Retirement Income Security Act of 1974 (as added by this Act).", "id": "H64C9571CC8CE46948142E5F0923E0900", "header": "Effective date and transition rules", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "3051. Office of Pension Participant Advocacy \n(a) Establishment \n(1) In general \nThere is established in the Department of Labor an office to be known as the Office of Pension Participant Advocacy. (2) Pension Participant Advocate \nThe Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the Pension Participant Advocate who shall— (A) have demonstrated experience in the area of pension participant assistance, and (B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. (b) Functions of office \nIt shall be the function of the Office of Pension Participant Advocacy to— (1) assist participants and beneficiaries in understanding their rights to benefits under employee benefit plans, and, to the extent feasible, assist participants in obtaining such benefits, (2) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women’s, and other appropriate organizations in assisting and protecting pension plan participants, including— (A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, (B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and (C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, (3) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including— (A) enlisting the cooperation of the public and private sectors in disseminating information, and (B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, (4) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, (5) give priority to the special needs of low and moderate income participants, and (6) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. (c) Reports \n(1) Annual report \nNot later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall— (A) identify significant problems the Advocate has identified, (B) include specific legislative and regulatory changes to address the problems, and (C) identify any actions taken to correct problems identified in any previous report. The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. (2) Specific reports \nThe Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. (3) Reports to be submitted directly \nThe report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by the Secretary or any other Federal officer or employee. (d) Specific powers \n(1) Receipt of information \nSubject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate’s responsibilities under this section. (2) Appearances \nThe Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. (3) Contracting authority \nIn carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law— (A) contract with any person to acquire statistical information with respect to pension plan participants, and (B) conduct direct surveys of pension plan participants.", "id": "HB9613C9985D242158000ADB54549C715", "header": "Office of Pension Participant Advocacy", "nested": [ { "text": "(a) Establishment \n(1) In general \nThere is established in the Department of Labor an office to be known as the Office of Pension Participant Advocacy. (2) Pension Participant Advocate \nThe Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the Pension Participant Advocate who shall— (A) have demonstrated experience in the area of pension participant assistance, and (B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code.", "id": "HA597C1048A49452AAE1FA15D81539BED", "header": "Establishment", "nested": [], "links": [ { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "(b) Functions of office \nIt shall be the function of the Office of Pension Participant Advocacy to— (1) assist participants and beneficiaries in understanding their rights to benefits under employee benefit plans, and, to the extent feasible, assist participants in obtaining such benefits, (2) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women’s, and other appropriate organizations in assisting and protecting pension plan participants, including— (A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, (B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and (C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, (3) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including— (A) enlisting the cooperation of the public and private sectors in disseminating information, and (B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, (4) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, (5) give priority to the special needs of low and moderate income participants, and (6) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits.", "id": "H4DB242DCD5974C9D894FEA2833008E71", "header": "Functions of office", "nested": [], "links": [] }, { "text": "(c) Reports \n(1) Annual report \nNot later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall— (A) identify significant problems the Advocate has identified, (B) include specific legislative and regulatory changes to address the problems, and (C) identify any actions taken to correct problems identified in any previous report. The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. (2) Specific reports \nThe Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. (3) Reports to be submitted directly \nThe report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by the Secretary or any other Federal officer or employee.", "id": "H1AC8CA33B9994211B4533E2F4F296E2F", "header": "Reports", "nested": [], "links": [] }, { "text": "(d) Specific powers \n(1) Receipt of information \nSubject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate’s responsibilities under this section. (2) Appearances \nThe Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. (3) Contracting authority \nIn carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law— (A) contract with any person to acquire statistical information with respect to pension plan participants, and (B) conduct direct surveys of pension plan participants.", "id": "H81324CC02C674C4B9816200002BCB181", "header": "Specific powers", "nested": [], "links": [] } ], "links": [ { "text": "section 5382", "legal-doc": "usc", "parsable-cite": "usc/5/5382" } ] }, { "text": "415. Exclusivity of powers and procedures applicable to rights or claims \nSection 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a right or claim arising under this title and that is not expressly incorporated by a provision of this title, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to resolve such right or such claim through arbitration or another procedure..", "id": "H98A4E064D3C9495CBFD3217BFADC6C77", "header": "Exclusivity of powers and procedures applicable to rights or claims", "nested": [], "links": [ { "text": "29 U.S.C. 1132", "legal-doc": "usc", "parsable-cite": "usc/29/1132" } ] }, { "text": "501. Loans from retirement plans for health insurance and job training expenses \n(a) In General \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) (as amended by sections 105 and 201) is amended further by adding at the end the following new subsection: (i) Loans from retirement plans for health insurance and job training expenses \n(1) In General \nNotwithstanding any other provision of this subsection, a pension plan shall provide that a participant or beneficiary who is involuntarily separated from employment may, on the date of such separation, obtain a loan from the plan the proceeds of which are to be used within 6 months after the date of such loan— (A) for payments for insurance which constitutes medical care for the participant and the participant’s spouse and dependents, or (B) for job training expenses. (2) Qualified loan \nFor purposes of this subsection, the term qualified loan means a loan— (A) which by its terms requires interest on the loan to accrue not less frequently than monthly, (B) which by its terms requires— (i) repayment to begin not later than 18 months after the date of the loan, and (ii) repayment in full not later the date which is 36 months after the date of the loan, and (C) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. (3) Limitation on amount of loans \nThe aggregate amount of borrowings for a plan year shall not exceed the sum of the amount of accruals (other than contributions) during the plan year prior to the plan year in which the loan is made. (4) Limitation on number of loans \nNot more than 3 loans to an individual under this subsection may be outstanding at any time. (5) Delinquencies treated as distribution \nAny amount required to be paid by a participant or beneficiary under paragraph (2)(B) during any plan year which is not paid at the time required to be paid, and any amount remaining unpaid as of the beginning of the plan year beginning after the period described in paragraph (2)(B)(ii), shall be treated as distributed during such plan year to the participant or beneficiary.. (b) Prohibited transaction exemption \nSection 408(b) of such Act ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (14) Any loan made by the plan to a disqualified person who is a participant or beneficiary of the plan if such loan— (A) is for the payment of health insurance premiums or job training expenses, and (B) meets the requirements of section 206(i).. (c) Effective date \nThe amendments made by this section shall apply to loans made after the effective date specified in section 601.", "id": "H20D3F777B98143619FF5BE4DF9DEFCC", "header": "Loans from retirement plans for health insurance and job training expenses", "nested": [ { "text": "(a) In General \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) (as amended by sections 105 and 201) is amended further by adding at the end the following new subsection: (i) Loans from retirement plans for health insurance and job training expenses \n(1) In General \nNotwithstanding any other provision of this subsection, a pension plan shall provide that a participant or beneficiary who is involuntarily separated from employment may, on the date of such separation, obtain a loan from the plan the proceeds of which are to be used within 6 months after the date of such loan— (A) for payments for insurance which constitutes medical care for the participant and the participant’s spouse and dependents, or (B) for job training expenses. (2) Qualified loan \nFor purposes of this subsection, the term qualified loan means a loan— (A) which by its terms requires interest on the loan to accrue not less frequently than monthly, (B) which by its terms requires— (i) repayment to begin not later than 18 months after the date of the loan, and (ii) repayment in full not later the date which is 36 months after the date of the loan, and (C) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. (3) Limitation on amount of loans \nThe aggregate amount of borrowings for a plan year shall not exceed the sum of the amount of accruals (other than contributions) during the plan year prior to the plan year in which the loan is made. (4) Limitation on number of loans \nNot more than 3 loans to an individual under this subsection may be outstanding at any time. (5) Delinquencies treated as distribution \nAny amount required to be paid by a participant or beneficiary under paragraph (2)(B) during any plan year which is not paid at the time required to be paid, and any amount remaining unpaid as of the beginning of the plan year beginning after the period described in paragraph (2)(B)(ii), shall be treated as distributed during such plan year to the participant or beneficiary..", "id": "H21D8ADC031554D9F9B5DD2C17F11A700", "header": "In General", "nested": [], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" } ] }, { "text": "(b) Prohibited transaction exemption \nSection 408(b) of such Act ( 29 U.S.C. 1108(b) ) is amended by adding at the end the following new paragraph: (14) Any loan made by the plan to a disqualified person who is a participant or beneficiary of the plan if such loan— (A) is for the payment of health insurance premiums or job training expenses, and (B) meets the requirements of section 206(i)..", "id": "HA4543D7D27ED459083A6D8133D5C77FC", "header": "Prohibited transaction exemption", "nested": [], "links": [ { "text": "29 U.S.C. 1108(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to loans made after the effective date specified in section 601.", "id": "HF07B1C56966C4C0BB0E92078F199FA5B", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" }, { "text": "29 U.S.C. 1108(b)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "502. Automatic rollover upon mandatory distribution in excess of $1,000 \nSection 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) (as amended by sections 105, 201, and 501) is amended further by adding at the end the following new subsection: (j) Direct transfers of mandatory distributions in excess of $1,000 \n(1) In General \nA pension plan shall provide that, if— (A) a distribution described in paragraph (2) is made, and (B) the distributee does not elect to have such distribution paid directly to an eligible retirement plan and does not elect to receive the distribution directly, the plan administrator shall make such transfer to an individual retirement plan of a designated trustee or issuer and shall notify the distributee in writing (either separately or as part of a notice required under section 402(f) of the Internal Revenue Code of 1986) that the distribution may be transferred to another individual retirement plan. (2) Distribution described \nA distribution from a plan is described in this paragraph if such distribution is an immediate distribution of the entire nonforfeitable accrued benefit of the participant and is in excess of $1,000. (3) Definitions \nFor purposes of this subsection— (A) Eligible retirement plan \nThe term eligible retirement plan has the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986, except that a qualified trust under section 401(a) of such Code shall be considered an eligible retirement plan only if it is a defined contribution plan, the terms of which permit the acceptance of rollover distributions. (B) Individual retirement plan \nThe term individual retirement plan has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986..", "id": "H992D8122C15D4F3D92DBF49012626543", "header": "Automatic rollover upon mandatory distribution in excess of $1,000", "nested": [], "links": [ { "text": "29 U.S.C. 1056", "legal-doc": "usc", "parsable-cite": "usc/29/1056" }, { "text": "section 402(f)", "legal-doc": "usc", "parsable-cite": "usc/26/402" }, { "text": "section 402(c)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/402" }, { "text": "section 7701(a)(37)", "legal-doc": "usc", "parsable-cite": "usc/26/7701" } ] }, { "text": "503. Prompt distribution from defined contribution plans upon termination of participant’s covered employment \nSection 206(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(a) ) is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by inserting (1) after (a) ; (2) in the first sentence, by striking pension plan and inserting defined benefit plan ; (3) in the second sentence, by striking In the case of a plan and inserting In the case of a defined benefit plan ; and (4) by adding at the end the following new paragraph: (2) (A) Except as provided in subparagraph (B), each defined contribution plan shall provide that, unless the participant otherwise elects— (i) the payment of benefits under the plan to the participant will begin not later than the 60th day after the close of the plan year in which occurs the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan, and (ii) in any case in which the participant terminates his service with the employer prior to the date described in clause (i), the participant’s accrued benefit shall be distributed, in the form of one or more rollover contributions under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, not later than the 60th day after the date of the participant’s termination of such service. (B) In any case in which immediate valuation of the participant’s accrued benefit is not practicable, the plan may provide for a period of more than 60 days in lieu of the 60-day period described in clauses (i) and (ii) of subparagraph (A), except that any such longer period provided by the plan may not extend beyond 60 days after the applicable valuation date under the plan..", "id": "H14D53C1C988C4436B8313C26A8F1B5A0", "header": "Prompt distribution from defined contribution plans upon termination of participant’s covered employment", "nested": [], "links": [ { "text": "29 U.S.C. 1056(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1056" } ] }, { "text": "601. General effective date \n(a) In General \nExcept as otherwise provided in this Act, and subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2006. (b) Special rule for collectively bargained plans \nIn the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for January 1, 2002 the date of the commencement of the first plan year beginning on or after the earlier of— (1) the later of— (A) January 1, 2007, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2008.", "id": "H42E48F4887534C15AFACC95738755631", "header": "General effective date", "nested": [ { "text": "(a) In General \nExcept as otherwise provided in this Act, and subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2006.", "id": "H7DE9394BF4244C2D9544DC6FEB175E59", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Special rule for collectively bargained plans \nIn the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for January 1, 2002 the date of the commencement of the first plan year beginning on or after the earlier of— (1) the later of— (A) January 1, 2007, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2008.", "id": "HC7A3E7A65EBF4FFCA050DD005FACF604", "header": "Special rule for collectively bargained plans", "nested": [], "links": [] } ], "links": [] }, { "text": "602. Plan amendments \nIf any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2006, if— (1) during the period after such amendment made by this Act takes effect and before such first plan year, the plan is operated in accordance with the requirements of such amendment made by this Act, and (2) such plan amendment applies retroactively to the period after such amendment made by this Act takes effect and such first plan year.", "id": "H967D3ABC670A4DA68FE7D4FBA4B9E8D6", "header": "Plan amendments", "nested": [], "links": [] } ]

[ "Accounting", "Administrative procedure", "Administrative remedies", "Age", "Alimony", "Annuities", "Armed Forces and National Security", "Auditing", "Bribery", "Business records", "Civil Rights and Liberties, Minority Issues", "Civil actions and liability", "Civil service retirement", "Collective bargaining", "Commerce", "Commercial arbitration", "Compensation (Law)", "Computer software", "Conflict of interests", "Congress", "Congressional reporting requirements", "Crime and Law Enforcement", "Criminal justice information", "Defined benefit pension plans", "Defined contribution plans", "Department of Labor", "Disability insurance", "Disabled", "Discrimination", "Divorce", "Early retirement", "Economics and Public Finance", "Embezzlement", "Employee benefit plans", "Employee ownership", "Employee rights", "Employers' liability", "Evidence (Law)", "Executive reorganization", "Executives", "Extortion", "Families", "Family leave", "Federal employees", "Federal preemption", "Finance and Financial Sector", "Financial planning", "Financial services", "Financial statements", "Fines (Penalties)", "Fraud", "Gifts", "Government Operations and Politics", "Government paperwork", "Government publicity", "Governmental investigations", "Health", "Health insurance", "Identification devices", "Income", "Individual retirement accounts", "Information disclosure (Securities law)", "Insurance premiums", "Interest", "Investment advisers", "Investments", "Judicial review", "Labor contracts", "Larceny", "Law", "Legal fees", "Legislation", "Liability (Law)", "Loans", "Married people", "Mediation", "Medical economics", "Military dependents", "Military pensions", "Missing persons", "Ombudsman", "Pension funds", "Pension portability", "Public-private partnerships", "Railroad retirement plans", "Science, Technology, Communications", "Sick leave", "Small business", "Social Welfare", "State laws", "Stockholders", "Surety and fidelity", "Survivors' benefits", "Tax-deferred compensation plans", "Taxation", "Transportation and Public Works", "Trusts and trustees", "Unemployment insurance", "Widowers", "Widows", "Women", "Workers' compensation" ]

[ { "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", "nested": [ { "text": "(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 ____.", "id": "H8625B9966A954986A06D9DCFFF64D5B0", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 3503(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3503" } ] }, { "text": "(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.", "id": "H7A5383C4486E431598D8B8FC29112CC2", "header": "Replaced map described", "nested": [], "links": [] }, { "text": "(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": "HDAFF3493A9C54458AA914033E64783F6", "header": "Availability", "nested": [], "links": [ { "text": "16 U.S.C. 3503(b)", "legal-doc": "usc", "parsable-cite": "usc/16/3503" } ] } ], "links": [ { "text": "16 U.S.C. 3503(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3503" }, { "text": "16 U.S.C. 3503(b)", "legal-doc": "usc", "parsable-cite": "usc/16/3503" } ] } ]

[ "Barrier islands", "Coastal zone", "Florida", "Government Operations and Politics", "Maps", "Marine and coastal resources, fisheries", "Reefs" ]

[ { "text": "1. Suspension of duty on Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl- \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: 9902.33.71 Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl- (CAS Nos. 69563-51-5 and 81-68-5) (provided for in subheading 3204.11.35) 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 Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl-", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.33.71 Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-; Benzenesulfonamide, N-(4-amino-9,10-dihydro-3-methoxy-9,10-dioxo-1-anthracenyl)-4-methyl- (CAS Nos. 69563-51-5 and 81-68-5) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2007.", "id": "H9BED87177BD5454FA0AFA3100A8D3C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H6DBFF21C40384A248ED91C6744832BCB", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HB1AF4DA6AEB04FB18E0715A8838746C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Arizona Trail feasibility study \nSection 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (__) Arizona Trail \n(A) In general \nThe Arizona Trail, extending approximately 790 miles through Arizona from the border between Arizona and Utah to the international border with Mexico, as generally depicted on the map entitled Arizona Trail-DRAFT and dated March, 22, 2004, and that consists of a corridor of open space that— (i) includes 7 ecological zones; (ii) features deserts, canyons, mountains, lakes, and rivers; and (iii) connects 6 wilderness areas, 4 national forests, 2 national parks, and 30 outdoor recreational areas. (B) Requirement \nThe Secretary of the Interior and the Secretary of Agriculture shall jointly conduct the study under subparagraph (A). (C) Availability of map \nThe map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (D) Authorization of appropriations \nThere is authorized to be appropriated to carry out the study under subparagraph (A) $200,000 for the period of fiscal years 2005 through 2007, of which— (i) $100,000 shall be made available to the Secretary of Agriculture; and (ii) $100,000 shall be made available to the Secretary of the Interior..", "id": "H2642311FBB6D40668EC900331F7BD795", "header": "Arizona Trail feasibility study", "nested": [], "links": [ { "text": "16 U.S.C. 1244(c)", "legal-doc": "usc", "parsable-cite": "usc/16/1244" } ] } ]

[ "Arizona", "Commemorations", "Governmental investigations", "Historic sites", "History", "Sports and Recreation", "Trails" ]

[ { "text": "1. Short title \nThis Act may be cited as the Wildfire Prevention and Forest Health Protection Act.", "id": "H5DF9BE7969AB4BFEBBB8FD967200CA07", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) National Forest System lands in the United States are in poor ecological health and in grave danger of catastrophic wildfires because of high fuel loads. (2) The poor condition of these National Forest System lands is evidenced by the fact that, during 2002, 71,160 wildfires devastated over 7 million forested acres, including over 2.2 million acres in Alaska, 650,000 acres in Arizona, 491,000 acres in California, 915,000 acres of Colorado, 325,000 acres in New Mexico, 1 million acres in Oregon, and 265,000 acres in Utah. (3) It has been scientifically established that reducing fuel loads by thinning trees improves forest ecological health and reduces the risk of catastrophic crown fires. (4) Trees damaged by fire are more susceptible to insect infestation than healthy undamaged trees, and experts agree that fire damaged trees must be removed to improve forest health and that such removal must occur within six to twelve months if the fire damaged trees are to have any commercial value. (5) Under current Federal law, forest management projects designed to reduce fuel loads are subject to challenge and appeal by groups and individuals. (6) In a report issued in July 2002, the Forest Service found that 48 percent of projects involving mechanical tree thinning on National Forest System lands have been subject to challenge and appeal and that the extra decision-making analysis forced by these appeals added significantly to time required but did not materially improve the proposed action. (7) The Forest Service further found that In spite of the agency's best efforts, individuals or organizations opposed to the projects filed appeals and/or filed suit to stop the projects.. (8) Use of existing administrative and legal processes to address the fire danger in the United States will not enable the Forest Service to take the immediate action necessary to reduce fuel loads to both improve forest ecological health and prevent the occurrence of wildfires likely to cause extreme harm to the forest ecosystem.", "id": "H9FD0848493B145A6ADF6FEEDD291F0D0", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Regional forester authority to exempt wildfire prevention tree-thinning projects from certain laws \n(a) Exemption authority \nDue to the extraordinary wildfire threat present on National Forest System lands in the Forest Service Regions, the Regional Forester for a Forest Service Region may exempt a Forest Service project described in subsection (b) from any provision of law including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et seq.), and the project shall proceed immediately and to completion. In addition, the project shall not be subject to the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (commonly known as the Appeals Reform Act; 16 U.S.C. 1612 note) or to judicial review by any court of the United States. (b) Covered projects \nA Forest Service project referred to in subsection (a) is a project that involves the removal of trees on National Forest System lands managed by the Regional Forester that the Regional Forester finds, on the basis of the best scientific information available— (1) are located in an area with a high fuel load, and a significant possibility exists that a crown fire could occur which would cause extreme harm to the forest ecosystem; or (2) are dead or severely damaged from fire. (c) Certification \nThe Regional Forester shall certify the findings made under subsection (b) to the Chief of the Forest Service and the Congress.", "id": "H46269F598B164A2CAA1B34275EF25E2E", "header": "Regional forester authority to exempt wildfire prevention tree-thinning projects from certain laws", "nested": [ { "text": "(a) Exemption authority \nDue to the extraordinary wildfire threat present on National Forest System lands in the Forest Service Regions, the Regional Forester for a Forest Service Region may exempt a Forest Service project described in subsection (b) from any provision of law including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et seq.), and the project shall proceed immediately and to completion. In addition, the project shall not be subject to the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (commonly known as the Appeals Reform Act; 16 U.S.C. 1612 note) or to judicial review by any court of the United States.", "id": "H0A5C8559B56E4F8CB686005EF2ECD2E", "header": "Exemption authority", "nested": [], "links": [] }, { "text": "(b) Covered projects \nA Forest Service project referred to in subsection (a) is a project that involves the removal of trees on National Forest System lands managed by the Regional Forester that the Regional Forester finds, on the basis of the best scientific information available— (1) are located in an area with a high fuel load, and a significant possibility exists that a crown fire could occur which would cause extreme harm to the forest ecosystem; or (2) are dead or severely damaged from fire.", "id": "HC3FCE73F43EC47218889BD6BA82E1D31", "header": "Covered projects", "nested": [], "links": [] }, { "text": "(c) Certification \nThe Regional Forester shall certify the findings made under subsection (b) to the Chief of the Forest Service and the Congress.", "id": "HCEF0E014628D4E3C8566DCAC6971DE3E", "header": "Certification", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Constitutional authority \nThe constitutional authority on which this Act rests is the authority of Congress to make all laws which shall be necessary and proper, as enumerated in Article I, Section 8 of the United States Constitution, as well as the authority of Congress to make all needful rules and regulations respecting the territory or other property belonging to the United States, as enumerated in Article IV, Section 3 of the United States Constitution.", "id": "HF9ABC1F9CBCE4618BC296BC4C90BDDC", "header": "Constitutional authority", "nested": [], "links": [] } ]

[ "Administrative remedies", "Department of Agriculture", "Ecosystem management", "Emergency Management", "Environmental Protection", "Environmental assessment", "Fire prevention", "Forest ecology", "Forest fires", "Forest health", "Forest management", "Government Operations and Politics", "Judicial review", "Law" ]

[ { "text": "1. Temporary suspension of duty \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.04 Methylene Bis-Benzotriazolyl Tetramethylbutylphenol (CAS No.103597-45-1) (provided for in subheading 3824.90.28) Free Free No change On or before 12/31/07 (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H7CE303837361407E98BB3BD5DCB4807", "header": "Temporary suspension of duty", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.04 Methylene Bis-Benzotriazolyl Tetramethylbutylphenol (CAS No.103597-45-1) (provided for in subheading 3824.90.28) Free Free No change On or before 12/31/07", "id": "HBD4A60BDF01F4F29BCCB32E3355126BB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "H79AC62E8457C4955A5716FE4F62F7539", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]

[ "Chemicals", "Tariff" ]

[ { "text": "1. Increase in automatic maximum coverage under Servicemembers’ Group Life Insurance and Veterans’ Group Life Insurance \n(a) Maximum under Servicemembers’ Group Life Insurance \n(1) Subsection (a)(3)(A)(i) of section 1967 of title 38, United States Code, is amended by striking $250,000 each place it appears and inserting $500,000. (2) Subsection (d) of such section is amended by striking maximum amount of $250,000 and inserting maximum amount provided under subparagraph (A)(i) of subsection (a)(3) (b) Maximum under Veterans’ Group Life Insurance \nSection 1977(a) of such title is amended by striking $250,000 each place it appears and inserting $500,000.", "id": "H91FEE79BE655493A93994B44DCCB0014", "header": "Increase in automatic maximum coverage under Servicemembers’ Group Life Insurance and Veterans’ Group Life Insurance", "nested": [ { "text": "(a) Maximum under Servicemembers’ Group Life Insurance \n(1) Subsection (a)(3)(A)(i) of section 1967 of title 38, United States Code, is amended by striking $250,000 each place it appears and inserting $500,000. (2) Subsection (d) of such section is amended by striking maximum amount of $250,000 and inserting maximum amount provided under subparagraph (A)(i) of subsection (a)(3)", "id": "H11D2B6A180FC4CEEA77DF9C500734778", "header": "Maximum under Servicemembers’ Group Life Insurance", "nested": [], "links": [ { "text": "section 1967", "legal-doc": "usc", "parsable-cite": "usc/38/1967" } ] }, { "text": "(b) Maximum under Veterans’ Group Life Insurance \nSection 1977(a) of such title is amended by striking $250,000 each place it appears and inserting $500,000.", "id": "HF93C932A81A740D7900100889417B18E", "header": "Maximum under Veterans’ Group Life Insurance", "nested": [], "links": [] } ], "links": [ { "text": "section 1967", "legal-doc": "usc", "parsable-cite": "usc/38/1967" } ] }, { "text": "2. Effective date \nThe amendments made by section 1 shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act.", "id": "H20860FFAA8B646F185132EA90073B225", "header": "Effective date", "nested": [], "links": [] } ]

[ "Finance and Financial Sector", "Government life insurance", "Military personnel", "Veterans' benefits" ]

[ { "text": "That the time limitations specified in section 6248(a) of title 10, United States Code, shall not apply with respect to the posthumous award of the Congressional Medal of Honor under section 6241 of such title to Doris Miller (service number 356–12–35) for acts of heroism during World War II while a member of the United States Navy.", "id": "H15C76A37D3B24EB4B7FF64632FDE26B", "header": null, "nested": [ { "text": "That the time limitations specified in section 6248(a) of title 10, United States Code, shall not apply with respect to the posthumous award of the Congressional Medal of Honor under section 6241 of such title to Doris Miller (service number 356–12–35) for acts of heroism during World War II while a member of the United States Navy.", "id": "H0518307391CC4C9AACC4CD3FC421BA7", "header": null, "nested": [], "links": [ { "text": "section 6248(a)", "legal-doc": "usc", "parsable-cite": "usc/10/6248" } ] } ], "links": [ { "text": "section 6248(a)", "legal-doc": "usc", "parsable-cite": "usc/10/6248" } ] } ]

[ "Commemorations", "Congress", "Congressional Medal of Honor", "History", "Military personnel", "Navy", "World War II" ]

[ { "text": "1. Acceptance of alternative lands and extinguishment of claims \n(a) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Alternative lands \nThe term alternative lands means those lands located in the city of Romulus, Michigan, and identified as alternative lands in the Settlement of Land Claim. (2) Charlotte beach lands \nThe term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Settlement of land claim \nThe term Settlement of Land Claim means the agreement between the Tribe and the Governor of the State of Michigan executed on December 30, 2002, and filed with the Office of Secretary of State of the State of Michigan. (5) Tribe \nThe term Tribe means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe. (b) Land into trust; part of reservation \n(1) Land into trust \nThe Secretary shall take the alternative lands into trust for the benefit of the Tribe within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests. (2) Part of reservation \nThe alternative lands shall become part of the Tribe’s reservation immediately upon attaining trust status. (c) Gaming \nThe alternative lands shall be taken into trust as provided in this section as part of the settlement and extinguishment of the Tribe’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(i) ). (d) Extinguishment of claims \nUpon the date of enactment of this Act, any and all claims by the Tribe to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Tribe based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are hereby extinguished. The extinguishment of these claims is in consideration for the benefits to the Tribe under this Act. (e) Effectuation and ratification of agreement \n(1) Ratification \nThe United States approves and ratifies the Settlement of Land Claim. (2) Not precedent \nThe provisions contained in the Settlement of Land Claim are unique and shall not be considered precedent for any future agreement between any Indian tribe and State. (3) Enforcement \nThe Settlement of Land Claim shall be enforceable by either the Tribe or the Governor according to its terms. Exclusive jurisdiction over any enforcement action is vested in the United States District Court for the Western District of Michigan.", "id": "HF2F71919CFAD4D3F828900D94893E12F", "header": "Acceptance of alternative lands and extinguishment of claims", "nested": [ { "text": "(a) Definitions \nFor the purposes of this Act, the following definitions apply: (1) Alternative lands \nThe term alternative lands means those lands located in the city of Romulus, Michigan, and identified as alternative lands in the Settlement of Land Claim. (2) Charlotte beach lands \nThe term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Settlement of land claim \nThe term Settlement of Land Claim means the agreement between the Tribe and the Governor of the State of Michigan executed on December 30, 2002, and filed with the Office of Secretary of State of the State of Michigan. (5) Tribe \nThe term Tribe means the Sault Ste. Marie Tribe of Chippewa Indians, a federally recognized Indian tribe.", "id": "H4729E583B2D54CD6BCAFEB30206FCE02", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Land into trust; part of reservation \n(1) Land into trust \nThe Secretary shall take the alternative lands into trust for the benefit of the Tribe within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests. (2) Part of reservation \nThe alternative lands shall become part of the Tribe’s reservation immediately upon attaining trust status.", "id": "H3750409AE948403A8200C4D73CC964F", "header": "Land into trust; part of reservation", "nested": [], "links": [] }, { "text": "(c) Gaming \nThe alternative lands shall be taken into trust as provided in this section as part of the settlement and extinguishment of the Tribe’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act ( 25 U.S.C. 2719(b)(1)(B)(i) ).", "id": "H1ED08C1B732840ABB524364495F9C448", "header": "Gaming", "nested": [], "links": [ { "text": "25 U.S.C. 2719(b)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" } ] }, { "text": "(d) Extinguishment of claims \nUpon the date of enactment of this Act, any and all claims by the Tribe to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Tribe based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are hereby extinguished. The extinguishment of these claims is in consideration for the benefits to the Tribe under this Act.", "id": "H39DF8267BA98426BBAFD8FCB783243B", "header": "Extinguishment of claims", "nested": [], "links": [] }, { "text": "(e) Effectuation and ratification of agreement \n(1) Ratification \nThe United States approves and ratifies the Settlement of Land Claim. (2) Not precedent \nThe provisions contained in the Settlement of Land Claim are unique and shall not be considered precedent for any future agreement between any Indian tribe and State. (3) Enforcement \nThe Settlement of Land Claim shall be enforceable by either the Tribe or the Governor according to its terms. Exclusive jurisdiction over any enforcement action is vested in the United States District Court for the Western District of Michigan.", "id": "H5E9B95D4F3324F288B5FB895003C2B00", "header": "Effectuation and ratification of agreement", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 2719(b)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/25/2719" } ] } ]

[ "Federal-Indian relations", "Gambling", "Government Operations and Politics", "Indian claims", "Indian lands", "Michigan", "Minorities", "Sports and Recreation", "State government-Indian relations" ]

[ { "text": "1. Permanent resident status for Zhuljeta Zhegra \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Zhuljeta Zhegra shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Zhuljeta Zhegra enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Zhuljeta Zhegra, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Zhuljeta Zhegra shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H8B5F875E9CA345BD870015A8DE15FAFD", "header": "Permanent resident status for Zhuljeta Zhegra", "nested": [ { "text": "(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Zhuljeta Zhegra shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.", "id": "H577EE18D1ECC4E9D8B073C40E44DDE4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Adjustment of status \nIf Zhuljeta Zhegra enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.", "id": "H093E5C90C9664D1485FFC9D3B0AC953", "header": "Adjustment of status", "nested": [], "links": [] }, { "text": "(c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.", "id": "H528EB623565D4104AEB0F100275E8362", "header": "Deadline for application and payment of fees", "nested": [], "links": [] }, { "text": "(d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Zhuljeta Zhegra, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.", "id": "H6046C0FE2B49406C9985FE62901BEC1D", "header": "Reduction of immigrant visa number", "nested": [], "links": [] }, { "text": "(e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Zhuljeta Zhegra shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H94D62AF761BF4BF195DAD96D6EE9D528", "header": "Denial of preferential immigration treatment for certain relatives", "nested": [], "links": [] } ], "links": [] } ]

[ "Immigration" ]

[ { "text": "1. Authorization of Department of Veterans Affairs outpatient clinic in Denton, Texas \nThe Secretary of Veterans Affairs may take such steps as necessary to establish an outpatient clinic in Denton, Texas.", "id": "H3CECFC02C68442CDAC31F022FED4987", "header": "Authorization of Department of Veterans Affairs outpatient clinic in Denton, Texas", "nested": [], "links": [] } ]

[ "Ambulatory care", "Clinics", "Health", "Texas", "Veterans' hospitals", "Veterans' medical care" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H447BB7C3624040EDBCF92E7BC8B2648", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Consultation with governments of U.S. territories on trade policy and trade agreements \n(a) Advice from executive departments and other sources \nSection 132 of the Trade Act of 1974 ( 19 U.S.C. 2152 ) is amended in the first sentence by inserting after appropriate the following: , including, but not limited to, the governor of any State or territory of the United States. (b) Advice regarding trade in services \nSection 306(c)(2)(A) of the Trade and Tariff Act of 1984 ( 19 U.S.C. 2114c(2)(A) ) is amended— (1) in clause (i), by inserting and the governments of the territories of the United States after State governments ; (2) in clause (ii), by inserting and the governments of the territories of the United States after local governments ; and (3) in clause (iii), by inserting and the governments of the territories of the United States after local governments.", "id": "H2FAB9175FDB9493CB391A628343700AB", "header": "Consultation with governments of U.S. territories on trade policy and trade agreements", "nested": [ { "text": "(a) Advice from executive departments and other sources \nSection 132 of the Trade Act of 1974 ( 19 U.S.C. 2152 ) is amended in the first sentence by inserting after appropriate the following: , including, but not limited to, the governor of any State or territory of the United States.", "id": "HAEC4736394724FB1005FFAD84DF5EF5C", "header": "Advice from executive departments and other sources", "nested": [], "links": [ { "text": "19 U.S.C. 2152", "legal-doc": "usc", "parsable-cite": "usc/19/2152" } ] }, { "text": "(b) Advice regarding trade in services \nSection 306(c)(2)(A) of the Trade and Tariff Act of 1984 ( 19 U.S.C. 2114c(2)(A) ) is amended— (1) in clause (i), by inserting and the governments of the territories of the United States after State governments ; (2) in clause (ii), by inserting and the governments of the territories of the United States after local governments ; and (3) in clause (iii), by inserting and the governments of the territories of the United States after local governments.", "id": "HBC92FDA24E70480400F954AD411AD50", "header": "Advice regarding trade in services", "nested": [], "links": [ { "text": "19 U.S.C. 2114c(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/19/2114c" } ] } ], "links": [ { "text": "19 U.S.C. 2152", "legal-doc": "usc", "parsable-cite": "usc/19/2152" }, { "text": "19 U.S.C. 2114c(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/19/2114c" } ] } ]

[ "Federal advisory bodies", "Federal-state relations", "Federal-territorial relations", "Government Operations and Politics", "Governors", "International Affairs", "Trade agreements", "Trade negotiations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Hydroelectric and Environmental Enhancement Act of 2004.", "id": "H9D0B73CE0BA24DE094903400F8E0A4F5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) Federal multi-purpose dams and reservoirs with hydroelectric generation provide necessary power to respective regions, enhance recreational pursuits and help meet various environmental needs; (2) hydroelectric generation is a renewable resource that plays a significant role in meeting the growing power needs of many communities throughout the Nation; (3) Federal dams along the Savannah River generate electricity for consumers who depend on such power at peak times and provide recreational and environmental benefits to the region; (4) a number of technological advancements have been made at these and other Federal hydropower facilities to provide even greater protections to fish and other aquatic resources; and (5) the value of these and other Federal hydropower facilities can be further enhanced to optimize more hydroelectric generation and environmental protection.", "id": "H4C3F0606A2DA4269A2EE21B8D3C3B750", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Study and report on increasing electric power production capability of existing Federal facilities \n(a) In general \nThe Secretary of the Interior and the Secretary of the Army, in consultation with the Administrator of each Federal power marketing administration, shall conduct a study of the potential for creating or increasing electric power production capability at existing facilities under their administrative jurisdiction. (b) Content \nThe study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power. (c) Report \nEach Secretary shall submit to the Congress a report on the findings, conclusions, and recommendations of the study under this section by not later than 12 months after the date of the enactment of this Act. Each Secretary shall include the following in the report: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities the Secretary is currently conducting or considering, or that could be considered, to produce additional hydroelectric power from each identified facility. (3) A summary of action that has already been taken by the Secretary to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce new or additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the Secretary’s determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b). (6) A description of actions that are planned, underway, or might reasonably be considered to create or increase hydroelectric power production by replacing turbines. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations the Secretary considers advisable to increase hydroelectric power production from, and reduce costs and improve efficiency at, facilities under the jurisdiction of the Secretary.", "id": "H784A25CCECDE49BE9D63449280F94C25", "header": "Study and report on increasing electric power production capability of existing Federal facilities", "nested": [ { "text": "(a) In general \nThe Secretary of the Interior and the Secretary of the Army, in consultation with the Administrator of each Federal power marketing administration, shall conduct a study of the potential for creating or increasing electric power production capability at existing facilities under their administrative jurisdiction.", "id": "HD0E52A5AE143477DAB79EC2220DB8230", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content \nThe study under this section shall include identification and description in detail of each facility that is capable, with or without modification, of producing additional hydroelectric power, including estimation of the existing potential for the facility to generate hydroelectric power.", "id": "H19C0E98C1A9C4EED98A2B09662EB14E", "header": "Content", "nested": [], "links": [] }, { "text": "(c) Report \nEach Secretary shall submit to the Congress a report on the findings, conclusions, and recommendations of the study under this section by not later than 12 months after the date of the enactment of this Act. Each Secretary shall include the following in the report: (1) The identifications, descriptions, and estimations referred to in subsection (b). (2) A description of activities the Secretary is currently conducting or considering, or that could be considered, to produce additional hydroelectric power from each identified facility. (3) A summary of action that has already been taken by the Secretary to produce additional hydroelectric power from each identified facility. (4) The costs to install, upgrade, or modify equipment or take other actions to produce new or additional hydroelectric power from each identified facility and the level of Federal power customer involvement in the Secretary’s determination of such costs. (5) The benefits that would be achieved by such installation, upgrade, modification, or other action, including quantified estimates of any additional energy or capacity from each facility identified under subsection (b). (6) A description of actions that are planned, underway, or might reasonably be considered to create or increase hydroelectric power production by replacing turbines. (7) The impact of increased hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (8) Any additional recommendations the Secretary considers advisable to increase hydroelectric power production from, and reduce costs and improve efficiency at, facilities under the jurisdiction of the Secretary.", "id": "H67C21008F4914052A83BAD312B6FF41F", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Study and implementation of increased operational efficiencies in hydroelectric power projects \n(a) In general \nThe Secretary of the Interior and the Secretary of the Army shall conduct a study of operational methods and water scheduling techniques at all hydroelectric power plants under the administrative jurisdiction of each Secretary that have an electric power production capacity greater than 50 megawatts, to— (1) determine whether such power plants and associated river systems are operated so as to optimize energy and capacity capabilities; and (2) identify measures that can be taken to improve operational flexibility at such plants to achieve such optimization. (b) Report \nEach Secretary shall submit a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act, including a summary of the determinations and identifications under paragraphs (1) and (2) of subsection (a). Each Secretary shall include in the report the impact of optimized hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control. (c) Cooperation with Federal power marketing administrations \nEach Secretary shall coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.", "id": "HA9292C41D0AC46A9B1B626E374A0E1B7", "header": "Study and implementation of increased operational efficiencies in hydroelectric power projects", "nested": [ { "text": "(a) In general \nThe Secretary of the Interior and the Secretary of the Army shall conduct a study of operational methods and water scheduling techniques at all hydroelectric power plants under the administrative jurisdiction of each Secretary that have an electric power production capacity greater than 50 megawatts, to— (1) determine whether such power plants and associated river systems are operated so as to optimize energy and capacity capabilities; and (2) identify measures that can be taken to improve operational flexibility at such plants to achieve such optimization.", "id": "H39ED051C36F8430483CC0063A002D7C3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nEach Secretary shall submit a report on the findings, conclusions, and recommendations of the study under this section by not later than 18 months after the date of the enactment of this Act, including a summary of the determinations and identifications under paragraphs (1) and (2) of subsection (a). Each Secretary shall include in the report the impact of optimized hydroelectric power production on irrigation, fish, wildlife, Indian tribes, river health, water quality, navigation, recreation, fishing, and flood control.", "id": "H802F94F8E0D94144BB41CF2F82B5896", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Cooperation with Federal power marketing administrations \nEach Secretary shall coordinate with the Administrator of each Federal power marketing administration in determining how the value of electric power produced by each hydroelectric power facility that produces power marketed by the administration can be optimized.", "id": "H642FA55D01B74ADCA8F3AE286D1DCBF", "header": "Cooperation with Federal power marketing administrations", "nested": [], "links": [] } ], "links": [] } ]

[ "Agriculture and Food", "Animals", "Congress", "Congressional reporting requirements", "Cost control", "Dams", "Economics and Public Finance", "Electric power production", "Emergency Management", "Energy development", "Energy efficiency", "Energy supplies", "Environmental Protection", "Federal-Indian relations", "Fishes", "Fishing", "Flood control", "Governmental investigations", "Hydroelectric power", "Infrastructure", "Irrigation", "Minorities", "Native Americans", "Navigation", "Outdoor recreation", "Reservoirs", "Riparian ecology", "Sports and Recreation", "Transportation and Public Works", "Water Resources Development", "Water quality", "Wildlife", "Wildlife conservation" ]

[ { "text": "1. Federal funding prohibition \n(a) Prohibition \nExcept as provided in subsection (b) or (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced any jobs during the previous five years unless the company of interest— (1) has not outsourced any jobs during the previous two years; and (2) has created in the United States since the company of interest last outsourced any jobs, and continues to maintain in the United States, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years. (b) Agreement to create new jobs \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced jobs during the previous five years only if the company of interest agrees— (1) to create in the United States, not later than 18 months after the company has received the grant, contract, loan guarantee, or other funding, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years, and to maintain such new jobs in the United States for at least 18 months; (2) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the company of interest does not create the new jobs described in paragraph (1); and (3) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount, to be determined by the Federal agency, that is not more than 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the Federal agency finds that the company of interest did not in good faith attempt to maintain for at least 18 months the new jobs that the company of interest created pursuant to the agreement described in paragraph (1). (c) Documentation \nExcept as provided in subsection (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest unless the company of interest has provided documentation to the Federal agency that indicates either that the company has not outsourced jobs during the previous five years or that the company has fulfilled the requirements under subsection (a) or (b). (d) Obligation condition \nAny obligation entered into by a Federal agency to award a grant or contract, make a loan guarantee, or provide any other funding to a company of interest shall include the condition that if the company of interest outsources any jobs after such obligation is entered into and before the company of interest is to receive the grant, contract, loan guarantee, or other funding, the Federal agency shall not award the grant or contract, make the loan guarantee, or provide the other funding. (e) Outsourcing agreement \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest only if the company of interest agrees— (1) not to outsource any jobs within 18 months after the Federal agency awards the grant or contract, makes the loan guarantee, or provides the other funding; and (2) if the company of interest does not satisfy the agreement described in paragraph (1), to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to the total value before the outsourcing of one year’s wages and benefits for each of the jobs outsourced within 18 months after the company of interest receives the grant, contract, loan guarantee, or other funding. (f) National security exception \nThe restrictions and penalties under this section shall not apply if the Federal agency awards a grant or contract, makes a loan guarantee, or provides any other funding, or enters into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, for purposes of national security. (g) Implementation and regulations \nThe Secretary of Commerce shall coordinate the Federal agencies’ implementation of the documentation requirement described in subsection (c). The Secretary of Commerce shall prescribe regulations necessary to carry out this section.", "id": "HEE7C7112A5434F31944B00D18E6500D7", "header": "Federal funding prohibition", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (b) or (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced any jobs during the previous five years unless the company of interest— (1) has not outsourced any jobs during the previous two years; and (2) has created in the United States since the company of interest last outsourced any jobs, and continues to maintain in the United States, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years.", "id": "H4E4F87F8FBCF46E895BB24E500E8C84B", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Agreement to create new jobs \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest that has outsourced jobs during the previous five years only if the company of interest agrees— (1) to create in the United States, not later than 18 months after the company has received the grant, contract, loan guarantee, or other funding, a number of new jobs within the same company of interest that is equal to at least 50 percent of the total number of jobs that were outsourced by the company of interest during the previous five years, and to maintain such new jobs in the United States for at least 18 months; (2) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the company of interest does not create the new jobs described in paragraph (1); and (3) to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount, to be determined by the Federal agency, that is not more than 125 percent of the total value of the grant, contract, loan guarantee, or other funding if the Federal agency finds that the company of interest did not in good faith attempt to maintain for at least 18 months the new jobs that the company of interest created pursuant to the agreement described in paragraph (1).", "id": "HB37DB031F0654C78A997EDAADBCDDAB", "header": "Agreement to create new jobs", "nested": [], "links": [] }, { "text": "(c) Documentation \nExcept as provided in subsection (f), and unless the Federal agency is acting under an obligation entered into before the effective date of this Act, no Federal agency shall award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest unless the company of interest has provided documentation to the Federal agency that indicates either that the company has not outsourced jobs during the previous five years or that the company has fulfilled the requirements under subsection (a) or (b).", "id": "H19171ABEB0E5495FB6DB59003CFA07DC", "header": "Documentation", "nested": [], "links": [] }, { "text": "(d) Obligation condition \nAny obligation entered into by a Federal agency to award a grant or contract, make a loan guarantee, or provide any other funding to a company of interest shall include the condition that if the company of interest outsources any jobs after such obligation is entered into and before the company of interest is to receive the grant, contract, loan guarantee, or other funding, the Federal agency shall not award the grant or contract, make the loan guarantee, or provide the other funding.", "id": "H14C1A33EE6B743B1BB8276D2484778F8", "header": "Obligation condition", "nested": [], "links": [] }, { "text": "(e) Outsourcing agreement \nA Federal agency may award a grant or contract, make a loan guarantee, or provide any other funding, or enter into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, to a company of interest only if the company of interest agrees— (1) not to outsource any jobs within 18 months after the Federal agency awards the grant or contract, makes the loan guarantee, or provides the other funding; and (2) if the company of interest does not satisfy the agreement described in paragraph (1), to pay to the Federal agency that awards the grant or contract, makes the loan guarantee, or provides the other funding an amount equal to the total value before the outsourcing of one year’s wages and benefits for each of the jobs outsourced within 18 months after the company of interest receives the grant, contract, loan guarantee, or other funding.", "id": "H5A1113B5740C4584BE3BBD959198725E", "header": "Outsourcing agreement", "nested": [], "links": [] }, { "text": "(f) National security exception \nThe restrictions and penalties under this section shall not apply if the Federal agency awards a grant or contract, makes a loan guarantee, or provides any other funding, or enters into an obligation to award a grant or contract, make a loan guarantee, or provide any other funding, for purposes of national security.", "id": "H8772D165FE794C4EAB26DCBCF1030E6", "header": "National security exception", "nested": [], "links": [] }, { "text": "(g) Implementation and regulations \nThe Secretary of Commerce shall coordinate the Federal agencies’ implementation of the documentation requirement described in subsection (c). The Secretary of Commerce shall prescribe regulations necessary to carry out this section.", "id": "H6E136415E3E84651BF3706E69CF2DB00", "header": "Implementation and regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nFor purposes of this Act: (1) Company of interest \nThe term company of interest means— (A) a corporation or other legal entity organized under the laws of the United States; (B) a subsidiary of a corporation or legal entity described in subparagraph (A); (C) a corporation or other legal entity that employed at least 50 employees to perform services in the United States at any one time on or after January 1, 1980; or (D) a corporation or other legal entity with $1,000,000 or more annual gross income that is effectively connected with the conduct of a trade or business within the United States. (2) New jobs \nThe term new jobs means jobs created by a company of interest such that with respect to each new job the total value of wages and benefits is equal to or greater than the average total value of wages and benefits of the jobs outsourced by the company of interest during the previous five years. (3) Outsource \nThe term outsource means to hire employees to perform services outside the United States when the services previously had been performed in the United States. (4) United States \nThe term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.", "id": "H0A3E75FCC8F0403B937FBABB3D4E4407", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Effective date \nThis Act shall take effect one year after the date of its enactment.", "id": "H4F8CB64EA96642D2ABDADD61B12FAB47", "header": "Effective date", "nested": [], "links": [] } ]

[ "Business records", "Contracts", "Corporations", "Dislocated workers", "Economics and Public Finance", "Federally-guaranteed loans", "Foreign Trade and International Finance", "Government Operations and Politics", "Government contractors", "Government lending", "Government paperwork", "Job creation", "Labor and Employment", "Layoffs", "Recruiting of employees", "Subsidiary corporations", "Subsidies" ]

[ { "text": "1. Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs \n(a) In General \nChapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2015. United States nationals: agreement to become citizen before completion of precommissioning program.", "id": "HE2034D151AB7468CAD7B1BEF27CEF3E", "header": "Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs", "nested": [ { "text": "(a) In General \nChapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 )..", "id": "H300A9EED08D84FB09B589B363DFAA9DD", "header": "In General", "nested": [], "links": [ { "text": "Chapter 101", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/101" }, { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" }, { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" } ] }, { "text": "(b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2015. United States nationals: agreement to become citizen before completion of precommissioning program.", "id": "HBF7C1A8F9BC94F8D9CD7E78C87025FD6", "header": "Clerical Amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 101", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/101" }, { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" }, { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" } ] }, { "text": "2015. United States nationals: agreement to become citizen before completion of precommissioning program \n(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section. (b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program. (c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title. (d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).", "id": "HF617ED4E27E54A429DAF0058933D6D49", "header": "United States nationals: agreement to become citizen before completion of precommissioning program", "nested": [ { "text": "(a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shall require such person to enter into a written agreement with the Secretary under the terms of which such person shall agree— (1) to apply for and complete naturalization under section 325 of the Immigration and Nationality Act ( 8 U.S.C. 1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term or condition of an agreement described in such section.", "id": "HE23DC1BAEF05470DB4CFA51EA8BCA1A3", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" } ] }, { "text": "(b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program.", "id": "H36E15D76D92B47E5B222BCE7E2A9EA15", "header": null, "nested": [], "links": [] }, { "text": "(c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training Corps programs offered under sections 2107 and 2107a of this title and the advanced training offered in Senior Reserve Officers’ Training Corps programs under section 2104 of this title.", "id": "HB954DF9552BF4279ABE67311C7719172", "header": null, "nested": [], "links": [] }, { "text": "(d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).", "id": "H7C1C4426C7BA44C1B178EA88CD31999C", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" } ] } ], "links": [ { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" }, { "text": "8 U.S.C. 1436", "legal-doc": "usc", "parsable-cite": "usc/8/1436" } ] } ]

[ "Armed forces reserves", "Education", "Higher education", "Immigrants", "Immigration", "Labor and Employment", "Military education", "Military training", "Naturalization", "Officer personnel", "Scholarships", "Service academies" ]

[ { "text": "1. Short title \nThis Act may be cited as the Ponce de Leon Discovery of Florida Quincentennial Commission Act.", "id": "H9DEC5702AB9A48C98797839BB0B3B51F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) the Quincentennial of the founding of Florida by Ponce de Leon occurs in 2013, 500 years after Ponce de Leon landed on its shores and explored the Keys and the west coast of Florida; (2) evidence supports the theory that Ponce de Leon was the first European to land on the shores of Florida; (3) Florida means the land of flowers and the State owes its name to Ponce de Leon; (4) Ponce de Leon's quest for the fountain of youth has become an established legend which has drawn fame and recognition to Florida and the United States; (5) the discovery of Florida by Ponce de Leon, the myth of the fountain of youth , and the subsequent colonization of Florida encouraged other European countries to explore the New World and to establish settlements in the territory that is currently the United States; (6) Florida was colonized under 5 flags; and (7) commemoration of the arrival in Florida of Ponce de Leon and the beginning of the colonization of the Americas would— (A) enhance public understanding of the impact of the discovery of Florida on the history of the United States; and (B) provide lessons about the importance of exploration and discovery.", "id": "H3532D7C3C55E412194BDAF94558C3F60", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Commission \nThe term Commission means the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon established under section 4(a). (2) Governor \nThe term Governor means the Governor of the State of Florida. (3) Quincentennial \nThe term Quincentennial means the 500th anniversary of the discovery of Florida by Ponce de Leon.", "id": "H14AFB6F3AEA14B1FB69D21C16D76A3D5", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Establishment of commission \n(a) Establishment \nThere is established a commission to be known as the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon. (b) Duties \nThe Commission shall plan, encourage, coordinate, and conduct the commemoration of the Quincentennial. (c) Membership \n(1) Composition \nThe Commission shall be composed of 10 members, including— (A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate; (B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and (C) 4 members, to be appointed by the President, taking into consideration the recommendations of the Governor, the Director of the National Park Service, and the Secretary of the Smithsonian Institution. (2) Criteria \nA member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission. (3) Date of appointments \nNot later than 60 days after the date of enactment of this Act, the members of the Commission described in paragraph (1) shall be appointed. (d) Term; vacancies \n(1) Term \nA member shall be appointed for the life of the Commission. (2) Vacancy \nA vacancy on the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (e) 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. (f) Meetings \nThe Commission shall meet annually at the call of the co-chairpersons described under subsection (h). (g) Quorum \nA quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings. (h) Co-chairpersons \nThe President shall designate 2 of the members of the Commission as co-chairpersons of the Commission.", "id": "H20547F6E95ED4CC200027BDB12CA0002", "header": "Establishment of commission", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon.", "id": "H4BFABA1160CC43088200DD28549CD5EB", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Commission shall plan, encourage, coordinate, and conduct the commemoration of the Quincentennial.", "id": "H1BE634D6AD694F81A47F85D27F3C9BD5", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Membership \n(1) Composition \nThe Commission shall be composed of 10 members, including— (A) 2 members, to be appointed by the President, on the recommendation of the Majority Leader and the Minority Leader of the Senate; (B) 2 members, to be appointed by the President, on the recommendation of the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and (C) 4 members, to be appointed by the President, taking into consideration the recommendations of the Governor, the Director of the National Park Service, and the Secretary of the Smithsonian Institution. (2) Criteria \nA member of the Commission shall be chosen from among individuals that have demonstrated a strong sense of public service, expertise in the appropriate professions, scholarship, and abilities likely to contribute to the fulfillment of the duties of the Commission. (3) Date of appointments \nNot later than 60 days after the date of enactment of this Act, the members of the Commission described in paragraph (1) shall be appointed.", "id": "H2367FE6113374230A116B3D1C700F1E4", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Term; vacancies \n(1) Term \nA member shall be appointed for the life of the Commission. (2) Vacancy \nA vacancy on the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made.", "id": "HBEDC7D8BCA50436991AA1039A2870758", "header": "Term; vacancies", "nested": [], "links": [] }, { "text": "(e) 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.", "id": "HA006F5DA0A934E4683EC32CE4F66F94B", "header": "Initial meeting", "nested": [], "links": [] }, { "text": "(f) Meetings \nThe Commission shall meet annually at the call of the co-chairpersons described under subsection (h).", "id": "H65778F51F77D4BCD8467B3C558CF7D98", "header": "Meetings", "nested": [], "links": [] }, { "text": "(g) Quorum \nA quorum of the Commission for decision making purposes shall be 5 members, except that a lesser number of members, as determined by the Commission, may conduct meetings.", "id": "H91E5D501EFE14C968BBFB1EBB476BFE3", "header": "Quorum", "nested": [], "links": [] }, { "text": "(h) Co-chairpersons \nThe President shall designate 2 of the members of the Commission as co-chairpersons of the Commission.", "id": "H1545ADCD48DF46E6BAAE6859797BA4A2", "header": "Co-chairpersons", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Duties \n(a) In general \nThe Commission shall— (1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education; (2) consult with and encourage appropriate Federal departments and agencies, State and local governments, Indian tribal governments, elementary and secondary schools, colleges and universities, foreign governments, and private organizations to organize and participate in Quincentennial activities commemorating or examining— (A) the history of Florida; (B) the discovery of Florida; (C) the life of Ponce de Leon; (D) the myths surrounding Ponce de Leon's search for gold and for the fountain of youth ; (E) the exploration of Florida; and (F) the beginnings of the colonization of North America; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida. (b) Reports \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommendations for— (A) the allocation of financial and administrative responsibility among participating entities and persons with respect to commemoration of the Quincentennial; and (B) the commemoration of the Quincentennial and related events through programs and activities, including— (i) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world; (ii) bibliographical and documentary projects, publications, and electronic resources; (iii) conferences, convocations, lectures, seminars, and other programs; (iv) the development of programs by and for libraries, museums, parks and historic sites, including international and national traveling exhibitions; (v) ceremonies and celebrations commemorating specific events; (vi) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the discovery of Florida; and (vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps. (2) Annual report \nThe Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (3) Final report \nNot later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (c) Assistance \nIn carrying out this Act, the Commission shall consult, cooperate with, and seek advice and assistance from appropriate Federal departments and agencies, including the Department of the Interior. (d) Coordination of activities \nIn carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spain, as appropriate, in the commemoration of the Quincentennial.", "id": "HCF35FD6C9C2B4FCC99C48D48FAED714C", "header": "Duties", "nested": [ { "text": "(a) In general \nThe Commission shall— (1) plan and develop activities appropriate to commemorate the Quincentennial including a limited number of proposed projects to be undertaken by the appropriate Federal departments and agencies that commemorate the Quincentennial by seeking to harmonize and balance the important goals of ceremony and celebration with the equally important goals of scholarship and education; (2) consult with and encourage appropriate Federal departments and agencies, State and local governments, Indian tribal governments, elementary and secondary schools, colleges and universities, foreign governments, and private organizations to organize and participate in Quincentennial activities commemorating or examining— (A) the history of Florida; (B) the discovery of Florida; (C) the life of Ponce de Leon; (D) the myths surrounding Ponce de Leon's search for gold and for the fountain of youth ; (E) the exploration of Florida; and (F) the beginnings of the colonization of North America; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of the discovery of Florida.", "id": "H42B1E0A619BC44419DDF879BBFA4F67D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a comprehensive report that includes specific recommendations for— (A) the allocation of financial and administrative responsibility among participating entities and persons with respect to commemoration of the Quincentennial; and (B) the commemoration of the Quincentennial and related events through programs and activities, including— (i) the production, publication, and distribution of books, pamphlets, films, electronic publications, and other educational materials focusing on the history and impact of the discovery of Florida on the United States and the world; (ii) bibliographical and documentary projects, publications, and electronic resources; (iii) conferences, convocations, lectures, seminars, and other programs; (iv) the development of programs by and for libraries, museums, parks and historic sites, including international and national traveling exhibitions; (v) ceremonies and celebrations commemorating specific events; (vi) the production, distribution, and performance of artistic works, and of programs and activities, focusing on the national and international significance of the discovery of Florida; and (vii) the issuance of commemorative coins, medals, certificates of recognition, and stamps. (2) Annual report \nThe Commission shall submit an annual report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (3) Final report \nNot later than December 31, 2013, the Commission shall submit a final report that describes the activities, programs, expenditures, and donations of or received by the Commission to— (A) the President; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives.", "id": "HF6FEE1BA34C2411B8F81B0122FB8DD1D", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Assistance \nIn carrying out this Act, the Commission shall consult, cooperate with, and seek advice and assistance from appropriate Federal departments and agencies, including the Department of the Interior.", "id": "H9CECC287F6714D0F8BBC8E00BA041F23", "header": "Assistance", "nested": [], "links": [] }, { "text": "(d) Coordination of activities \nIn carrying out the duties of the Commission, the Commission, in consultation with the Secretary of State, may coordinate with the Government of Spain and political subdivisions in Spain for the purposes of exchanging information and research and otherwise involving the Government of Spain, as appropriate, in the commemoration of the Quincentennial.", "id": "HB5F300A03B2844B0B1C813EEBF7667E6", "header": "Coordination of activities", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Powers of the commission \n(a) In general \nThe Commission may provide for— (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects that will contribute to public awareness of, and interest in, the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the Quincentennial; (3) a Quincentennial calendar or register of programs and projects; (4) a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of Quincentennial historical and commemorative significance; and (5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use. (b) Advisory committee \nThe Commission may appoint such advisory committees as the Commission determines necessary to carry out the purposes of this Act.", "id": "HA561B967D8D8427099049EAAA256F2D", "header": "Powers of the commission", "nested": [ { "text": "(a) In general \nThe Commission may provide for— (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects that will contribute to public awareness of, and interest in, the Quincentennial, except that any commemorative coin, medal, or postage stamp recommended to be issued by the United States shall be sold only by a Federal department or agency; (2) competitions and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the Quincentennial; (3) a Quincentennial calendar or register of programs and projects; (4) a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of Quincentennial historical and commemorative significance; and (5) the design and designation of logos, symbols, or marks for use in connection with the commemoration of the Quincentennial and shall establish procedures regarding their use.", "id": "HC9A587581FB3431BBAE302FBC892F7B1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Advisory committee \nThe Commission may appoint such advisory committees as the Commission determines necessary to carry out the purposes of this Act.", "id": "H23477CA0627B43F2B3B882F0F0161ECE", "header": "Advisory committee", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Administration \n(a) Location of office \n(1) Principal office \nThe principal office of the Commission shall be in St. Augustine, Florida. (2) Satellite office \nThe Commission may establish a satellite office in Washington, D.C. (b) Staff \n(1) Appointment of director and deputy director \n(A) In general \nThe co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws (including regulations). (B) Delegation to director \nThe Commission may delegate such powers and duties to the director as may be necessary for the efficient operation and management of the Commission. (2) Staff paid from Federal funds \nThe Commission may use any available Federal funds to appoint and fix the compensation of not more than 4 additional personnel staff members, as the Commission determines necessary. (3) Staff paid from non-Federal funds \nThe Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel. (4) Compensation \n(A) Members \n(i) In general \nA member of the Commission shall serve without compensation. (ii) 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. (B) Staff \n(i) In general \nThe co-chairpersons of the Commission may fix the compensation of the director, deputy 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. (ii) Maximum rate of pay \n(I) Director \nThe rate of pay for the director shall not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (II) Deputy director \nThe rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (III) Staff members \nThe rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Detail of Federal government employees \n(1) In general \nOn request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act. (2) Reimbursement \nA detail of personnel under this subsection shall be without reimbursement by the Commission to the agency from which the employee was detailed. (3) Civil service status \nThe detail of the employee shall be without interruption or loss of civil service status or privilege. (d) Other revenues and expenditures \n(1) In general \nThe Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts. (2) Donations \n(A) In general \nThe Commission may solicit, accept, use, and dispose of donations of money, property, or personal services. (B) Limitations \nSubject to subparagraph (C), the Commission shall not accept donations— (i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual. (C) Nonprofit organization \nThe limitations in subparagraph (B) shall not apply in the case of an organization that is— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (3) Acquired items \nAny book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies with the consent of the depositary institution. (e) Postal services \nThe Commission may use the United States mail to carry out this Act in the same manner and under the same conditions as other agencies of the Federal Government. (f) Voluntary services \nNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary.", "id": "H2F4C7914ECB24D678BFBC8C145E4DFF", "header": "Administration", "nested": [ { "text": "(a) Location of office \n(1) Principal office \nThe principal office of the Commission shall be in St. Augustine, Florida. (2) Satellite office \nThe Commission may establish a satellite office in Washington, D.C.", "id": "H043FD49F5E2C4DE6B05B419332B9104", "header": "Location of office", "nested": [], "links": [] }, { "text": "(b) Staff \n(1) Appointment of director and deputy director \n(A) In general \nThe co-chairpersons, with the advice of the Commission, may appoint and terminate a director and deputy director without regard to the civil service laws (including regulations). (B) Delegation to director \nThe Commission may delegate such powers and duties to the director as may be necessary for the efficient operation and management of the Commission. (2) Staff paid from Federal funds \nThe Commission may use any available Federal funds to appoint and fix the compensation of not more than 4 additional personnel staff members, as the Commission determines necessary. (3) Staff paid from non-Federal funds \nThe Commission may use any available non-Federal funds to appoint and fix the compensation of additional personnel. (4) Compensation \n(A) Members \n(i) In general \nA member of the Commission shall serve without compensation. (ii) 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. (B) Staff \n(i) In general \nThe co-chairpersons of the Commission may fix the compensation of the director, deputy 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. (ii) Maximum rate of pay \n(I) Director \nThe rate of pay for the director shall not exceed the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (II) Deputy director \nThe rate of pay for the deputy director shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (III) Staff members \nThe rate of pay for staff members appointed under paragraph (2) shall not exceed the rate payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code.", "id": "H74A3A1AEF99242289C7400F31958053C", "header": "Staff", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "section 5316", "legal-doc": "usc", "parsable-cite": "usc/5/5316" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" } ] }, { "text": "(c) Detail of Federal government employees \n(1) In general \nOn request of the Commission, the head of any Federal agency or department may detail any of the personnel of the agency or department to the Commission to assist the Commission in carrying out this Act. (2) Reimbursement \nA detail of personnel under this subsection shall be without reimbursement by the Commission to the agency from which the employee was detailed. (3) Civil service status \nThe detail of the employee shall be without interruption or loss of civil service status or privilege.", "id": "H2CF68B64AF9E49FF838776A5F26CBC6B", "header": "Detail of Federal government employees", "nested": [], "links": [] }, { "text": "(d) Other revenues and expenditures \n(1) In general \nThe Commission may procure supplies, services, and property, enter into contracts, and expend funds appropriated, donated, or received to carry out contracts. (2) Donations \n(A) In general \nThe Commission may solicit, accept, use, and dispose of donations of money, property, or personal services. (B) Limitations \nSubject to subparagraph (C), the Commission shall not accept donations— (i) the value of which exceeds $50,000 annually, in the case of donations from an individual; or (ii) the value of which exceeds $250,000 annually, in the case of donations from a person other than an individual. (C) Nonprofit organization \nThe limitations in subparagraph (B) shall not apply in the case of an organization that is— (i) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (ii) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (3) Acquired items \nAny book, manuscript, miscellaneous printed matter, memorabilia, relic, and other material or property relating to the time period of the discovery of Florida acquired by the Commission may be deposited for preservation in national, State, or local libraries, museums, archives, or other agencies with the consent of the depositary institution.", "id": "H62A74DFFE7B14753A7B4E2001F202FBB", "header": "Other revenues and expenditures", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(a)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(e) Postal services \nThe Commission may use the United States mail to carry out this Act in the same manner and under the same conditions as other agencies of the Federal Government.", "id": "H02D4E7323C6F4910AC5C812BE16B0073", "header": "Postal services", "nested": [], "links": [] }, { "text": "(f) Voluntary services \nNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines to be necessary.", "id": "H386AF96A23284525B9C672FCCF401B00", "header": "Voluntary services", "nested": [], "links": [ { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" } ] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/53" }, { "text": "section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" }, { "text": "section 5316", "legal-doc": "usc", "parsable-cite": "usc/5/5316" }, { "text": "section 5332", "legal-doc": "usc", "parsable-cite": "usc/5/5332" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(a)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 1342", "legal-doc": "usc", "parsable-cite": "usc/31/1342" } ] }, { "text": "8. Study \nThe Secretary of the Interior shall— (1) in accordance with section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ), conduct a study to assess the suitability and feasibility of designating an area in the State of Florida as a unit of the National Park System to commemorate the discovery of Florida by Ponce de Leon; and (2) not later than 3 years after the date on which funds are made available to carry out the study, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes— (A) the findings of the study; and (B) any conclusions and recommendations of the Secretary of the Interior with respect to the study.", "id": "H61AD3660C01445B9A218E713D97996FF", "header": "Study", "nested": [], "links": [ { "text": "Public Law 91–383", "legal-doc": "public-law", "parsable-cite": "pl/91/383" }, { "text": "16 U.S.C. 1a–5(c)", "legal-doc": "usc", "parsable-cite": "usc/16/1a" } ] }, { "text": "9. Authorization of appropriations \n(a) In general \nSubject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013. (b) Availability of funds \nAmounts appropriated under this section for any fiscal year shall remain available until December 31, 2013.", "id": "H9FE4E4909729463698313EF01BA64375", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nSubject to subsection (b), there is authorized to be appropriated to carry out the purposes of this Act $250,000 for each of fiscal years 2005 through 2013.", "id": "H40BC7B70722A4A4CB37685AD5B95BD35", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Availability of funds \nAmounts appropriated under this section for any fiscal year shall remain available until December 31, 2013.", "id": "HFBB712BD153A43BFA98FB077B1928DF0", "header": "Availability of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Termination of authority \nThe authority provided by this Act terminates effective December 31, 2013.", "id": "H3C23B3F1DE3145C9B4305FD4C2EB8C3", "header": "Termination of authority", "nested": [], "links": [] } ]

[ "Anniversaries", "Congress", "Congressional reporting requirements", "Europe", "Executive reorganization", "Florida", "Fund raising", "Gifts", "Government Operations and Politics", "Governmental investigations", "History", "International Affairs", "International cooperation", "National parks", "Public Lands and Natural Resources", "Spain" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H2A9632D5AB64443D9FFE62D1A056CFDF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Declaration of hazardous occupation \nFor the purposes of section 3(l) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(l) ), the Secretary of Labor is directed to find, and by order declare, that operating power driven amusement park rides is particularly hazardous for children between the ages of 16 and 18.", "id": "HEE240384DBAB42888EB22B50D496AB21", "header": "Declaration of hazardous occupation", "nested": [], "links": [ { "text": "29 U.S.C. 203(l)", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] } ]

[ "Amusement parks", "Child labor", "Families", "Health", "Occupational health and safety", "Sports and Recreation" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HD6C23C889E3F4973A13CB3E6C1C7C6E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pell Grants Plus: achievement grants for State scholars program \n(a) Amendment \nSubpart 1 of part A of title IV of the Higher Education Act of 1965 is amended by inserting after section 401 ( 20 U.S.C. 1070a ) the following new section: 401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted with funds from the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Applications \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Sunset, evaluation, and reports \n(1) Sunset \nThe provisions of this section shall cease to be effective on October 1, 2011, except as the Congress may hereafter provide by law if Congress determines, after analysis of the evaluation and reports provided for in paragraph (2) , that extension or expansion of the program is warranted. (2) Evaluation and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.. (b) Conforming amendment \nChapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 through 1070a–35) is repealed.", "id": "HB5803CD2DDB242FE944CE7CF254652EA", "header": "Pell Grants Plus: achievement grants for State scholars program", "nested": [ { "text": "(a) Amendment \nSubpart 1 of part A of title IV of the Higher Education Act of 1965 is amended by inserting after section 401 ( 20 U.S.C. 1070a ) the following new section: 401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted with funds from the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Applications \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Sunset, evaluation, and reports \n(1) Sunset \nThe provisions of this section shall cease to be effective on October 1, 2011, except as the Congress may hereafter provide by law if Congress determines, after analysis of the evaluation and reports provided for in paragraph (2) , that extension or expansion of the program is warranted. (2) Evaluation and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate..", "id": "H0B010FAEBB774021B25E07386DFD26A", "header": "Amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "(b) Conforming amendment \nChapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 through 1070a–35) is repealed.", "id": "H9CFF6D5D825A4787A5EDF2AE741C3122", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" } ] }, { "text": "401A. Pell Grants Plus: achievement grants for State scholars \n(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted with funds from the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded. (b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance. (c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Applications \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c). (d) Sunset, evaluation, and reports \n(1) Sunset \nThe provisions of this section shall cease to be effective on October 1, 2011, except as the Congress may hereafter provide by law if Congress determines, after analysis of the evaluation and reports provided for in paragraph (2) , that extension or expansion of the program is warranted. (2) Evaluation and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.", "id": "H75D4BD87BA534F0B8CFBE410EBC15B96", "header": "Pell Grants Plus: achievement grants for State scholars", "nested": [ { "text": "(a) Grants Authorized \nFrom sums appropriated to carry out section 401, the Secretary shall establish a program to award Pell Grants Plus to students who— (1) have successfully completed a rigorous high school program of study established by a State or local educational agency in consultation with a State coalition assisted with funds from the Center for State Scholars; (2) are enrolled full-time in the first academic year of undergraduate education, and have not been previously enrolled in a program of undergraduate education; and (3) are eligible to receive Federal Pell Grants for the year in which the grant is awarded.", "id": "H2D3A501005554A119653831E77B4D577", "header": "Grants Authorized", "nested": [], "links": [] }, { "text": "(b) Amount of grants \n(1) In general \nExcept as provided in paragraph (2) , the amount of the grant awarded under this section shall be $1,000. (2) Assistance not to exceed cost of attendance \nA grant awarded under this section to any student, in combination with the Federal Pell Grant assistance and other student financial assistance available to such student, may not exceed the student’s cost of attendance.", "id": "H69A4DFBE4A5641D1A63F892DEF172CE1", "header": "Amount of grants", "nested": [], "links": [] }, { "text": "(c) Selection of recipients \n(1) Procedures established by regulation \nThe Secretary shall establish by regulation procedures for the determination of eligibility of students for the grants awarded under this section. Such procedures shall include measures to ensure that eligibility is determined in a timely and accurate manner consistent with the requirements of section 482 and the submission of the financial aid form required by section 483. (2) Applications \nEach eligible student desiring an award under this section shall submit at such time and in such manner such information as the Secretary may reasonably require. (3) Continuation of grant requirements \nIn order for a student to continue to be eligible to receive an award under this section for the second year of undergraduate education, the eligible student must— (A) maintain eligibility to receive a Federal Pell Grant for that year; (B) obtain a grade point average of at least 3.0 (or the equivalent as determined under regulations prescribed by the Secretary) for the first year of undergraduate education; and (C) be enrolled full-time and fulfill the requirements for satisfactory progress described in section 484(c).", "id": "HAA4B7F332D2442BD91559057A9526FF7", "header": "Selection of recipients", "nested": [], "links": [] }, { "text": "(d) Sunset, evaluation, and reports \n(1) Sunset \nThe provisions of this section shall cease to be effective on October 1, 2011, except as the Congress may hereafter provide by law if Congress determines, after analysis of the evaluation and reports provided for in paragraph (2) , that extension or expansion of the program is warranted. (2) Evaluation and reports \nThe Secretary shall monitor the progress, retention, and completion rates of the students to whom awards are provided under this section. In doing so, the Secretary shall evaluate the impact of the Pell Grants Plus Program and report, not less than biennially, to the authorizing committees of the House of Representatives and the Senate.", "id": "H8A88B59D0A9245A5B1A75BC398B5D3E7", "header": "Sunset, evaluation, and reports", "nested": [], "links": [] } ], "links": [] } ]

[ "Academic performance", "Congress", "Congressional reporting requirements", "Economics and Public Finance", "Educational accountability", "Elementary and secondary education", "Federal aid to education", "Higher education", "Scholarships", "Secondary education", "Sunset legislation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Identity Management Security Act of 2004.", "id": "HA11596E821C442BE86E4D6CB12926248", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Definitions \nIn this title, the following definitions apply: (1) Driver’s license \nThe term driver’s license means a motor vehicle operator’s license, as defined in section 30301 of title 49, United States Code. (2) Identification card \nThe term identification card means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State. (3) State \nThe term State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (4) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "H3EB4947AC2634E19967653C4977DD683", "header": "Definitions", "nested": [], "links": [ { "text": "section 30301", "legal-doc": "usc", "parsable-cite": "usc/49/30301" }, { "text": "section 1028(d)", "legal-doc": "usc", "parsable-cite": "usc/18/1028" } ] }, { "text": "102. Minimum document requirements and issuance standards for Federal recognition \n(a) Minimum standards for Federal use \n(1) In general \nBeginning 3 years after the date of enactment of this Act, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section. (2) State certifications \nThe Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, with the concurrence of the Secretary of Transportation, may prescribe by regulation. (b) Minimum document requirements \nTo meet the requirements of this section, a State shall include, at a minimum, the following data elements and features on each driver’s license and identification card issued to a person by the State: (1) The person’s full legal name. (2) The person’s date of birth. (3) The person’s gender. (4) The person’s driver license or identification card number. (5) A photograph of the person. (6) The person’s address of principal residence. (7) The person’s signature. (8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. (9) A common machine-readable technology, with defined minimum data elements, that will facilitate the capture of driver’s license and identification card information by law enforcement officers. (c) Minimum issuance standards \n(1) In general \nTo meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following data elements before issuing a driver’s license or identification card to a person: (A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth. (B) Documentation showing the person’s date of birth. (C) Proof of the person’s social security number or verification that the person is not eligible for a social security number. (D) Documentation showing the person’s name and address of principal residence. (2) Verification of documents \nTo meet the requirements of this section, a State shall implement the following procedures: (A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document used to provide information required to be presented by the person under paragraph (1). (B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1). (d) Other requirements \nTo meet the requirements of this section, a State shall adopt the following practices in the issuance of driver licenses and identification cards: (1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. (2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. (3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture. (4) Establish an effective procedure to confirm or verify a renewing applicant’s information. (5) Confirm with the Social Security Administration a social security number presented by a person using the full social security number. In the event that a social security number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action. (6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation from the other State that the person is terminating or has terminated the driver’s license. (7) Ensure the physical security of locations where driver licenses and identification cards are produced and the security of document materials and papers from which driver licenses and identification cards are produced. (8) Subject all persons authorized to manufacture or produce driver licenses and identification cards to appropriate security clearance requirements. (9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of driver licenses and identification cards.", "id": "H155C7EE56E53427A96A9551C59AA1804", "header": "Minimum document requirements and issuance standards for Federal recognition", "nested": [ { "text": "(a) Minimum standards for Federal use \n(1) In general \nBeginning 3 years after the date of enactment of this Act, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section. (2) State certifications \nThe Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary. Such certifications shall be made at such times and in such manner as the Secretary, with the concurrence of the Secretary of Transportation, may prescribe by regulation.", "id": "HB3768A48393D42F5BA02D3581F58D6D8", "header": "Minimum standards for Federal use", "nested": [], "links": [] }, { "text": "(b) Minimum document requirements \nTo meet the requirements of this section, a State shall include, at a minimum, the following data elements and features on each driver’s license and identification card issued to a person by the State: (1) The person’s full legal name. (2) The person’s date of birth. (3) The person’s gender. (4) The person’s driver license or identification card number. (5) A photograph of the person. (6) The person’s address of principal residence. (7) The person’s signature. (8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. (9) A common machine-readable technology, with defined minimum data elements, that will facilitate the capture of driver’s license and identification card information by law enforcement officers.", "id": "HBB628CE6AF1A498D87BA41AF720262EE", "header": "Minimum document requirements", "nested": [], "links": [] }, { "text": "(c) Minimum issuance standards \n(1) In general \nTo meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following data elements before issuing a driver’s license or identification card to a person: (A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth. (B) Documentation showing the person’s date of birth. (C) Proof of the person’s social security number or verification that the person is not eligible for a social security number. (D) Documentation showing the person’s name and address of principal residence. (2) Verification of documents \nTo meet the requirements of this section, a State shall implement the following procedures: (A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document used to provide information required to be presented by the person under paragraph (1). (B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1).", "id": "H9568B2533D6943ADAFD2E4AF1CACBF68", "header": "Minimum issuance standards", "nested": [], "links": [] }, { "text": "(d) Other requirements \nTo meet the requirements of this section, a State shall adopt the following practices in the issuance of driver licenses and identification cards: (1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format. (2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years. (3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture. (4) Establish an effective procedure to confirm or verify a renewing applicant’s information. (5) Confirm with the Social Security Administration a social security number presented by a person using the full social security number. In the event that a social security number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action. (6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation from the other State that the person is terminating or has terminated the driver’s license. (7) Ensure the physical security of locations where driver licenses and identification cards are produced and the security of document materials and papers from which driver licenses and identification cards are produced. (8) Subject all persons authorized to manufacture or produce driver licenses and identification cards to appropriate security clearance requirements. (9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of driver licenses and identification cards.", "id": "HAE6774E67A3D474DBEE31E7FBBB6A295", "header": "Other requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Linking of databases \n(a) In general \nTo be eligible to receive any grant or other financial assistance made available under this Act, a State shall participate in the interstate compact regarding sharing of driver license data, known as the Driver License Agreement , in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. (b) Requirements for information \nA State motor vehicle database shall contain, at a minimum, the following information: (1) All data fields printed on driver licenses and identification cards issued by the State. (2) Motor vehicle driver histories, including motor vehicle violations, suspensions, and points on licenses.", "id": "H3E23E33ABC87492EBCAB87A2000380A0", "header": "Linking of databases", "nested": [ { "text": "(a) In general \nTo be eligible to receive any grant or other financial assistance made available under this Act, a State shall participate in the interstate compact regarding sharing of driver license data, known as the Driver License Agreement , in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.", "id": "HA6469FCDAB84496582989D246E71CCCE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements for information \nA State motor vehicle database shall contain, at a minimum, the following information: (1) All data fields printed on driver licenses and identification cards issued by the State. (2) Motor vehicle driver histories, including motor vehicle violations, suspensions, and points on licenses.", "id": "H18AD46931CAB4657A6C199008908AD18", "header": "Requirements for information", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Trafficking in authentication features for use in false identification documents \nSection 1028(a)(8) of title 18, United States Code, is amended by striking false authentication features and inserting false or actual authentication features.", "id": "HDC4312C3F78945619961A94F34A9966C", "header": "Trafficking in authentication features for use in false identification documents", "nested": [], "links": [ { "text": "Section 1028(a)(8)", "legal-doc": "usc", "parsable-cite": "usc/18/1028" } ] }, { "text": "105. Grants to States \n(a) In general \nThe Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.", "id": "H3EA47B55A73F4F0F8898CA35E6C29661", "header": "Grants to States", "nested": [ { "text": "(a) In general \nThe Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title.", "id": "HBDF6F13A7A964777A8204C44B48BF637", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.", "id": "HA95D8076A44346F895009F65C823FDBF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Authority \n(a) Participation of Secretary of Transportation and States \nAll authority to issue regulations, certify standards, and issue grants under this title shall be carried out by the Secretary, with the concurrence of the Secretary of Transportation and in consultation with the States. (b) Extensions of deadlines \nThe Secretary may grant an extension to the deadline established by section 102(a)(1) with respect to the driver licenses and identification cards issued by a State if the State submits to the Secretary, in writing, an adequate justification, as determined by the Secretary, for the extension.", "id": "H9CE9971CEF7249008266CBFFAC2C9CF6", "header": "Authority", "nested": [ { "text": "(a) Participation of Secretary of Transportation and States \nAll authority to issue regulations, certify standards, and issue grants under this title shall be carried out by the Secretary, with the concurrence of the Secretary of Transportation and in consultation with the States.", "id": "HE738B68F5B28497BB15DB0E082E66C1F", "header": "Participation of Secretary of Transportation and States", "nested": [], "links": [] }, { "text": "(b) Extensions of deadlines \nThe Secretary may grant an extension to the deadline established by section 102(a)(1) with respect to the driver licenses and identification cards issued by a State if the State submits to the Secretary, in writing, an adequate justification, as determined by the Secretary, for the extension.", "id": "HA64B312C311E464E99F6C7DD958EF898", "header": "Extensions of deadlines", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Definitions \nIn this title, the following definitions apply: (1) Secretary \nThe term Secretary means the Secretary of Homeland Security. (2) Birth certificate \nThe term birth certificate means a certificate of birth— (A) for an individual (regardless of where born)— (i) who is a citizen or national of the United States at birth; and (ii) whose birth is registered in the United States; and (B) that— (i) is issued by a Federal, State, or local government agency or authorized custodian of record and produced from birth records maintained by such agency or custodian of record; or (ii) is an authenticated copy, issued by a Federal, State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record.", "id": "H5734F248A1224996B1E1721500EFE492", "header": "Definitions", "nested": [], "links": [] }, { "text": "202. GAO study of the security of birth certificates \n(a) Study \nThe Comptroller General shall conduct a study of the security of birth certificates and other birth documentation used by States as proof of identity. Such study shall include— (1) an assessment of the parties involved in the issuance of birth certificates and other birth documentation within the United States; (2) an assessment of the physical security features of domestic birth certificates and other domestic birth documentation; (3) an evaluation of fraudulent activity, both domestic and foreign, of domestic birth certificates and other domestic birth documentation used to acquire driver’s licenses or State-issued identification cards; and (4) an evaluation of methods used by Federal agencies, States and other parties involved in the issuance of domestic birth certificates and other domestic birth documentation to reduce fraudulent activity, both domestic and foreign. (b) Report \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding measures needed to improve both the physical security of birth certificates and other birth documentation and the process used by parties issuing such documents, including the establishment of minimum standards if necessary, to reduce fraudulent activity.", "id": "HC756071F2C4B4A9C91EA816D6D1DC84", "header": "GAO study of the security of birth certificates", "nested": [ { "text": "(a) Study \nThe Comptroller General shall conduct a study of the security of birth certificates and other birth documentation used by States as proof of identity. Such study shall include— (1) an assessment of the parties involved in the issuance of birth certificates and other birth documentation within the United States; (2) an assessment of the physical security features of domestic birth certificates and other domestic birth documentation; (3) an evaluation of fraudulent activity, both domestic and foreign, of domestic birth certificates and other domestic birth documentation used to acquire driver’s licenses or State-issued identification cards; and (4) an evaluation of methods used by Federal agencies, States and other parties involved in the issuance of domestic birth certificates and other domestic birth documentation to reduce fraudulent activity, both domestic and foreign.", "id": "H096F81485A1F4A32BC85FE8BD995F7A4", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding measures needed to improve both the physical security of birth certificates and other birth documentation and the process used by parties issuing such documents, including the establishment of minimum standards if necessary, to reduce fraudulent activity.", "id": "HC36680EA582447ACA0D5CA136D6200A2", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Eliminating duplication of vital records \n(a) Assistance in matching birth and death records \n(1) Grants \nThe Secretary, in coordination with other appropriate Federal agencies, shall make grants to States to assist them in— (A) computerizing their birth and death records; (B) developing the capability to match birth and death records within each State and among the States; and (C) noting the fact of death on the birth certificates of deceased persons. (2) Allocation of grants \nThe Secretary shall make grants to States under this subsection based on the proportion that the estimated annual average number of birth and death records created by a State applying for a grant bears to the estimated annual average number of birth and death records originated by all States. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.", "id": "H1A9225E41DE6424DA6C27F628BCB002D", "header": "Eliminating duplication of vital records", "nested": [ { "text": "(a) Assistance in matching birth and death records \n(1) Grants \nThe Secretary, in coordination with other appropriate Federal agencies, shall make grants to States to assist them in— (A) computerizing their birth and death records; (B) developing the capability to match birth and death records within each State and among the States; and (C) noting the fact of death on the birth certificates of deceased persons. (2) Allocation of grants \nThe Secretary shall make grants to States under this subsection based on the proportion that the estimated annual average number of birth and death records created by a State applying for a grant bears to the estimated annual average number of birth and death records originated by all States.", "id": "H40B30B667E674ACCA86B092E7E20BD65", "header": "Assistance in matching birth and death records", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.", "id": "H1BB0A807C9764806B4C0572B483400DC", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Armed Forces and National Security", "Computer matching", "Congress", "Congressional investigations", "Congressional reporting requirements", "Counterfeiting", "Crime prevention", "Data banks", "Driver licenses", "Economics and Public Finance", "Electronic government information", "Employee training", "Federal aid to law enforcement", "Fines (Penalties)", "Fraud", "Government Operations and Politics", "Government paperwork", "Identification devices", "Identity theft", "Immigration", "Interstate compacts", "Labor and Employment", "Passports", "Photography", "Public records", "Science, Technology, Communications", "Security clearances", "Security measures", "Social Welfare", "Social security numbers", "State employees", "State laws", "Traffic accidents and safety", "Transportation and Public Works" ]

[ { "text": "1. Extension of New Jersey Coastal Heritage Trail \nThe second sentence of section 2 of Public Law 100–515 (102 Stat. 2563; 16 U.S.C. 1244 note) is amended by inserting including sites in the Township of Woodbridge, New Jersey, after the words cultural sites.", "id": "H876C5AE0F81A4D5783C3F8FDE0684612", "header": "Extension of New Jersey Coastal Heritage Trail", "nested": [], "links": [ { "text": "Public Law 100–515", "legal-doc": "public-law", "parsable-cite": "pl/100/515" }, { "text": "16 U.S.C. 1244", "legal-doc": "usc", "parsable-cite": "usc/16/1244" } ] } ]

[ "Coastal zone", "Historic sites", "History", "Marine and coastal resources, fisheries", "New Jersey", "Scenic byways", "Sports and Recreation", "Trails", "Transportation and Public Works" ]

[ { "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", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Department of Homeland Security Authorization Act for Fiscal Year 2005.", "id": "HB24E3B09A46A4985AF516FBB8D4D0000", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—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": "H49B92767B2A14C8E92FD6C7527207540", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "H3AE83290B9664175ABECE03C4EB0BF28", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 112", "legal-doc": "usc", "parsable-cite": "usc/6/112" } ] }, { "text": "(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": "H5F1CEDAA26BF4A3496D084B542150078", "header": "Homeland Security Information Requirements Board", "nested": [], "links": [ { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" }, { "text": "50 U.S.C. 401a(6)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] } ], "links": [ { "text": "6 U.S.C. 112", "legal-doc": "usc", "parsable-cite": "usc/6/112" }, { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" }, { "text": "50 U.S.C. 401a(6)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] }, { "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", "nested": [ { "text": "(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 ).", "id": "HCCBD8DD1435B418B8478B87C7D54507", "header": "Establishment of Board", "nested": [], "links": [] }, { "text": "(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.", "id": "HB405D3E9AE6B4CE9A9A20C27A3EEBE", "header": "Membership", "nested": [], "links": [] }, { "text": "(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) ).", "id": "H160AAF98622A4A098710EE50154D496E", "header": "Functions", "nested": [], "links": [ { "text": "50 U.S.C. 401a(6)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] }, { "text": "(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": "H6DE0DD18CCED46119658A14D47CAC23F", "header": "Meetings", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 401a(6)", "legal-doc": "usc", "parsable-cite": "usc/50/401a" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H31DA8530A9E84A7384EECEF341D7FC62", "header": "Improvements to secure communications and information technology infrastructure", "nested": [], "links": [ { "text": "6 U.S.C. 121(d)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "(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..", "id": "H43F10D9AE6C1435380009BCA0093A0A4", "header": "Improvement in access to information by Department personnel", "nested": [], "links": [ { "text": "6 U.S.C. 122", "legal-doc": "usc", "parsable-cite": "usc/6/122" } ] }, { "text": "(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..", "id": "H39FC96120FBE40D69426A15592C843B", "header": "Establishment of procedures for automatic and immediate transfer of information to the Department", "nested": [], "links": [] }, { "text": "(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": "HDCADCE7C79A042D88CE7C4C9A2533738", "header": "Effect of provision of information to the Terrorist Threat Integration Center", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 121(d)", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 122", "legal-doc": "usc", "parsable-cite": "usc/6/122" } ] }, { "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", "nested": [ { "text": "(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..", "id": "H16345E9B516B4840979248149EAE8D51", "header": "Coordination of advisories", "nested": [], "links": [ { "text": "6 U.S.C. 121(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "(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": "HA1ED2FC68FB74318BBE2566C00F31CDA", "header": "Use of Homeland Security Advisory System", "nested": [], "links": [ { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] } ], "links": [ { "text": "6 U.S.C. 121(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H661B705A41314FF688FA8CB9CAF2FD73", "header": "Public advisories", "nested": [], "links": [] }, { "text": "(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": "HE02580EA6CF941F6A925EEDC8906303", "header": "Limited advisories", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "H1C63CF9763874F488463514700F60243", "header": "Administration of the homeland security information network", "nested": [], "links": [ { "text": "6 U.S.C. 121(d)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "(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": "HA018A531DB36437F8CDFD69385DCFD5", "header": "Coordination of dissemination of information to non-Federal entities", "nested": [], "links": [ { "text": "6 U.S.C. 482", "legal-doc": "usc", "parsable-cite": "usc/6/482" } ] } ], "links": [ { "text": "6 U.S.C. 121(d)", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 482", "legal-doc": "usc", "parsable-cite": "usc/6/482" } ] }, { "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", "nested": [ { "text": "(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..", "id": "HA50BD841CAEC4215918E3EA5009FBC81", "header": "In general", "nested": [], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/97" } ] }, { "text": "(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": "H0A998CBD27894CA5B99CBCEBC489582B", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/97" } ] } ], "links": [ { "text": "Chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/97" }, { "text": "chapter 97", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/97" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H64EFE4AD67A54B5086DB075E66827F6E", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "HEFD945E24E564C378F9106884B7F2845", "header": "Bonus amount", "nested": [], "links": [] }, { "text": "(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.", "id": "HE3818373DD5946A49515057BF5C8D533", "header": "Service agreements", "nested": [], "links": [] }, { "text": "(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.", "id": "H8BB560EF058D4F57B9BAF191981861C9", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(e) Termination \nThe authority to pay bonuses under this section shall terminate on September 30, 2007.", "id": "H730A5FFA433E458ABE9E38075ECE708D", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "HCC290C644EFF463C8357E0DB2C687BEC", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "H9CAA275E939041CCB9E89C3B83A6B7F9", "header": "Applicability", "nested": [], "links": [] }, { "text": "(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": "HBFC364997D6F4A53B603E42857CB4337", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "HC20DA2E80CD34186BB61986E8D3400F2", "header": "Assignment of personnel", "nested": [], "links": [ { "text": "6 U.S.C. 121(e)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "(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": "HE40B584ED2B9483780EC9DD3CE4F4FD2", "header": "Report on participation in Terrorist Threat Integration Center", "nested": [], "links": [ { "text": "6 U.S.C. 101(2)", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] } ], "links": [ { "text": "6 U.S.C. 121(e)", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 101(2)", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "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", "nested": [ { "text": "(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..", "id": "HC02674D2567B465EA06607BD16FD419", "header": "Paperwork reduction Act", "nested": [], "links": [ { "text": "Section 3502", "legal-doc": "usc", "parsable-cite": "usc/44/3502" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "section 2510", "legal-doc": "usc", "parsable-cite": "usc/18/2510" } ] }, { "text": "(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": "HFBFDBCF1DBC34E0786B559C081E93C00", "header": "Homeland Security Act of 2002", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "section 3502", "legal-doc": "usc", "parsable-cite": "usc/44/3502" } ] } ], "links": [ { "text": "Section 3502", "legal-doc": "usc", "parsable-cite": "usc/44/3502" }, { "text": "section 1030", "legal-doc": "usc", "parsable-cite": "usc/18/1030" }, { "text": "section 2510", "legal-doc": "usc", "parsable-cite": "usc/18/2510" }, { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "section 3502", "legal-doc": "usc", "parsable-cite": "usc/44/3502" } ] }, { "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", "nested": [ { "text": "(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..", "id": "H50263B544F98465C00A89C7312CDB51E", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 312(6)", "legal-doc": "usc", "parsable-cite": "usc/6/312" } ] }, { "text": "(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": "HEA885018784E4B91BA71D658B74D35CE", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "6 U.S.C. 312(6)", "legal-doc": "usc", "parsable-cite": "usc/6/312" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HB2B22E44904F47EEA7976B20EE17A84C", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "HDADB8007E68D46DEA143F369E528B854", "header": "General authority", "nested": [], "links": [] }, { "text": "(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.", "id": "H2B65B44CFB7D4AE38302A0E336C729A0", "header": "Responsibilities", "nested": [], "links": [ { "text": "6 U.S.C. 312(6)", "legal-doc": "usc", "parsable-cite": "usc/6/312" } ] }, { "text": "(d) Authority over the National Communications System \nThe Assistant Secretary shall have primary authority within the Department over the National Communications System.", "id": "H7744022211364663A645AA5C8D670400", "header": "Authority over the National Communications System", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 312(6)", "legal-doc": "usc", "parsable-cite": "usc/6/312" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 192(g)", "legal-doc": "usc", "parsable-cite": "usc/6/192" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 182", "legal-doc": "usc", "parsable-cite": "usc/6/182" }, { "text": "section 119", "legal-doc": "usc", "parsable-cite": "usc/10/119" }, { "text": "6 U.S.C. 186(a)", "legal-doc": "usc", "parsable-cite": "usc/6/186" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 191(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/6/191" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HE55CFE6749BD4479983ED4C654FF1F32", "header": "In general", "nested": [], "links": [] }, { "text": "(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": "H99722CC660DB46F2B119B6D102707203", "header": "Submission", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 391(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/391" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H913D0FD53B7F4963B3B30327022CAD50", "header": "Assessment", "nested": [], "links": [] }, { "text": "(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": "H4306B20BB3C8451D848400161485ADC", "header": "Deadline", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "H62BA336C0D4D41EE9DAEC458A881261", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "HE23E9CEC2D80488FA0EAD42D39EB29F8", "header": "Roles", "nested": [], "links": [] }, { "text": "(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.", "id": "HC8669985005F428EB067091D4F1D72F2", "header": "Grant awards", "nested": [], "links": [] }, { "text": "(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.", "id": "HFA1709B5807C42759FEB67CC44AF17C", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(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": "HCADC09E7368A4C148CF06FC058B5827", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HD4ED5E6B0C4F48F9BE882BBBD32DF497", "header": "Authorization", "nested": [], "links": [] }, { "text": "(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": "HC61C8C5B8A564B02A2EEF2876DC4AFAE", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "H512204D2AF5442E2A5A33451ED3103AE", "header": "Coordination of geospatial information", "nested": [], "links": [] }, { "text": "(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.", "id": "H7B25739EF02B494FA42D9031165818C2", "header": "Geospatial Management Office", "nested": [], "links": [] }, { "text": "(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": "H595F19B14E95403DAA37DD562297A515", "header": "Defined terms", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "H28207A465EAB471386A53233007ED997", "header": "Coordination of public safety interoperable communications programs", "nested": [], "links": [] }, { "text": "(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.", "id": "H56C169ABDBE047CB8C01B5B8782EA203", "header": "Office of Public Safety Interoperable Communications", "nested": [], "links": [] }, { "text": "(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": "H741BF69C7F784FF5A7AFE6A811345B3D", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "HD8295E0BB87548F18F1F8E45B35D4910", "header": "Transfer program", "nested": [], "links": [ { "text": "6 U.S.C. 193", "legal-doc": "usc", "parsable-cite": "usc/6/193" } ] }, { "text": "(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.", "id": "H175306162DFF40D382DDB99C44D1379D", "header": "Report", "nested": [], "links": [] }, { "text": "(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": "HEF427C913B4A4BB5BFBB00BA73014F8", "header": "Savings Clause", "nested": [], "links": [ { "text": "6 U.S.C. 182(4)", "legal-doc": "usc", "parsable-cite": "usc/6/182" } ] } ], "links": [ { "text": "6 U.S.C. 193", "legal-doc": "usc", "parsable-cite": "usc/6/193" }, { "text": "6 U.S.C. 182(4)", "legal-doc": "usc", "parsable-cite": "usc/6/182" } ] }, { "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", "nested": [ { "text": "(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..", "id": "H8FDC1E07CD19476A8347D6313284DB00", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "Public Law 85–539", "legal-doc": "public-law", "parsable-cite": "pl/85/539" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(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": "H5B474C49641D4FB18EC9FD4BC7A9A0A9", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 121 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/121" }, { "text": "Public Law 85–539", "legal-doc": "public-law", "parsable-cite": "pl/85/539" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H10FE163CE3574034B335662EAF53159B", "header": "Establishment", "nested": [], "links": [] }, { "text": "(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.", "id": "HC1176313A8BB46B4A5A8A62FC90464A3", "header": "Making and presentation of award", "nested": [], "links": [] }, { "text": "(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.", "id": "H829CA6D2A675466785C211009B4DE56F", "header": "Categories of awards", "nested": [], "links": [] }, { "text": "(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.", "id": "HC9F9C2203F6047338F3D3E0013A527A0", "header": "Criteria for qualification", "nested": [], "links": [] }, { "text": "(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.", "id": "H25316D76CF67400CB29338A516E8CDA", "header": "Information and technology transfer program", "nested": [], "links": [] }, { "text": "(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.", "id": "HC8452F0C9CCD455789C3085C4D673123", "header": "Funding", "nested": [], "links": [] }, { "text": "(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": "HE8B1F46498414D85BF3400F6A7EDFFD8", "header": "Small business defined", "nested": [], "links": [ { "text": "Public Law 85–539", "legal-doc": "public-law", "parsable-cite": "pl/85/539" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] } ], "links": [ { "text": "Public Law 85–539", "legal-doc": "public-law", "parsable-cite": "pl/85/539" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 121(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 121(d)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "H0CEE31C2D83647D1B5EEA02FAB11DC7", "header": "Notification", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(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": "H3D34DE18B0AA4A71BF33D84CF4E34C25", "header": "Distribution", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "HF2F3CF6DA1AA40DB9FB6BABEFCECBD8", "header": "Deadline", "nested": [], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" } ] }, { "text": "(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.", "id": "H89E43AC96A7C4A6FBBF65F82027120C2", "header": "Preparedness goal defined", "nested": [], "links": [] }, { "text": "(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.", "id": "HFF95A7464CA044CA9B9D0370550358A1", "header": "Coordination and consultation", "nested": [], "links": [] }, { "text": "(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": "H4BF1B9E37EEC4115A700A36E2F989E74", "header": "Submission", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H8DF7B65919CC4173BE1082A377FC4CDF", "header": "Under Secretary for Emergency Preparedness and Response", "nested": [], "links": [ { "text": "6 U.S.C. 312(7)", "legal-doc": "usc", "parsable-cite": "usc/6/312" } ] }, { "text": "(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": "HDEBD9D981551400283E4656E3751EFB1", "header": "Office for Domestic Preparedness", "nested": [], "links": [ { "text": "6 U.S.C. 238(c)", "legal-doc": "usc", "parsable-cite": "usc/6/238" } ] } ], "links": [ { "text": "6 U.S.C. 312(7)", "legal-doc": "usc", "parsable-cite": "usc/6/312" }, { "text": "6 U.S.C. 238(c)", "legal-doc": "usc", "parsable-cite": "usc/6/238" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HEB9A2C5073B1427E8CFD418B921FB519", "header": "Strategy", "nested": [], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" }, { "text": "6 U.S.C. 184", "legal-doc": "usc", "parsable-cite": "usc/6/184" }, { "text": "6 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(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.", "id": "H2E44A870F3A84CD8B0B0D978ACAF6990", "header": "Contents", "nested": [], "links": [] }, { "text": "(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.", "id": "H937875A7C54A48DC8E5BFCD0A33C62A7", "header": "Other Agency Responsibilities", "nested": [], "links": [] }, { "text": "(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": "H4C5F4B77AC3B43E2A9B9A6C720B3E7A2", "header": "Submission", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" }, { "text": "6 U.S.C. 184", "legal-doc": "usc", "parsable-cite": "usc/6/184" }, { "text": "6 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H7346295E3D824A54AD3E9148BD37901F", "header": "Strategy", "nested": [], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" }, { "text": "6 U.S.C. 184", "legal-doc": "usc", "parsable-cite": "usc/6/184" }, { "text": "6 U.S.C. 121(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "text": "(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.", "id": "H62DC3765E7B440DCB27630565EA85B22", "header": "Contents", "nested": [], "links": [] }, { "text": "(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.", "id": "H8FCCE19D667D4E73AEC92F0799912CDB", "header": "Other Agency Responsibilities", "nested": [], "links": [] }, { "text": "(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": "H19B72D8C4B044D12B13BEB3DF68D5657", "header": "Submission", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 315", "legal-doc": "usc", "parsable-cite": "usc/6/315" }, { "text": "6 U.S.C. 184", "legal-doc": "usc", "parsable-cite": "usc/6/184" }, { "text": "6 U.S.C. 121(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HB0E227A4AF9B4C9BB1CDB6B2FA5CC101", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" } ] }, { "text": "(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": "HE343808E19DA410CB835F559DA446852", "header": "Relationship with the Coast Guard", "nested": [], "links": [ { "text": "6 U.S.C. 468", "legal-doc": "usc", "parsable-cite": "usc/6/468" } ] } ], "links": [ { "text": "6 U.S.C. 101", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "6 U.S.C. 468", "legal-doc": "usc", "parsable-cite": "usc/6/468" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 112(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/6/112" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H5AFA4122E37840E397947B073600391E", "header": "In general", "nested": [], "links": [] }, { "text": "(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": "H846EE06507C4412BAF4EB68CA6775B82", "header": "Allocation", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [ { "text": "(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.", "id": "HDF3DE0A4B42E4782B423BA224D514C6D", "header": "Management responsibilities", "nested": [], "links": [ { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" } ] }, { "text": "(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.", "id": "HFAE8180CC6A64995947C07F388A6A71E", "header": "Report", "nested": [], "links": [ { "text": "section 1116", "legal-doc": "usc", "parsable-cite": "usc/31/1116" }, { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" } ] }, { "text": "(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 )..", "id": "HE6952369C0D8495EB555328B3BFBB5EA", "header": "Chief Acquisition Officer", "nested": [], "links": [ { "text": "6 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/6/113" }, { "text": "41 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/41/414" } ] }, { "text": "(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..", "id": "H58BB2DF0C9B448D9AE91B251BA509FDF", "header": "Chief Human Capital Officer", "nested": [], "links": [ { "text": "6 U.S.C. 344", "legal-doc": "usc", "parsable-cite": "usc/6/344" }, { "text": "section 2302(c)", "legal-doc": "usc", "parsable-cite": "usc/5/2302" } ] }, { "text": "(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.", "id": "H52352F47820B4DDF83A7D89E28883212", "header": "Abolishment of under Secretary for Management", "nested": [], "links": [ { "text": "6 U.S.C. 113(a)", "legal-doc": "usc", "parsable-cite": "usc/6/113" } ] }, { "text": "(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": "H958F9C8A98364CF685128FB801146FF7", "header": "Basic pay rates", "nested": [], "links": [ { "text": "Section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] } ], "links": [ { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "section 1116", "legal-doc": "usc", "parsable-cite": "usc/31/1116" }, { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "6 U.S.C. 341", "legal-doc": "usc", "parsable-cite": "usc/6/341" }, { "text": "6 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/6/113" }, { "text": "41 U.S.C. 414", "legal-doc": "usc", "parsable-cite": "usc/41/414" }, { "text": "6 U.S.C. 344", "legal-doc": "usc", "parsable-cite": "usc/6/344" }, { "text": "section 2302(c)", "legal-doc": "usc", "parsable-cite": "usc/5/2302" }, { "text": "6 U.S.C. 113(a)", "legal-doc": "usc", "parsable-cite": "usc/6/113" }, { "text": "Section 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "701. Management responsibilities", "id": "HC7971FF5C6A44035A876C24300009759", "header": "Management responsibilities", "nested": [], "links": [] }, { "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", "nested": [], "links": [ { "text": "section 2302(c)", "legal-doc": "usc", "parsable-cite": "usc/5/2302" } ] }, { "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", "nested": [ { "text": "(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.", "id": "H60A3DBA1172C4A199030F359C147BBBA", "header": "In general", "nested": [], "links": [] }, { "text": "(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": "HEF11EF53255642BE8CBE876B0019BFF", "header": "Submission", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [ { "text": "(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..", "id": "HB63B3918B7464A658823D938E566C2FC", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" } ] }, { "text": "(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": "HD7ABF52700D64FB2B47FC5D85DDDA305", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/111" } ] }, { "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", "nested": [ { "text": "(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.", "id": "HAE5FA293F58E4BCCA7C6104E87D43F5", "header": "In general", "nested": [], "links": [] }, { "text": "(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.", "id": "H6DCE3F0348714F9CA944DCE6A85941B6", "header": "Copies of agreements, memoranda, and other instruments", "nested": [], "links": [] }, { "text": "(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.", "id": "H18226868F48A431383F12D0D3637C66", "header": "Unclassified versions of classified notifications", "nested": [], "links": [] }, { "text": "(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.", "id": "HC655EDEFD3C94B09AC95726BE1163B9", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(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": "H238F29F9CD34405394CB380265843FBC", "header": "Significant initiative defined", "nested": [], "links": [] } ], "links": [] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 131(3)", "legal-doc": "usc", "parsable-cite": "usc/6/131" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 271(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/6/271" } ] }, { "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", "nested": [ { "text": "(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..", "id": "H022E58BC093E4A5297E9DB678957D67", "header": "Director of the Secret Service", "nested": [], "links": [ { "text": "6 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/6/113" } ] }, { "text": "(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": "HDF1ACB67B4FE4431BFE3721D7E9489B0", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 113", "legal-doc": "usc", "parsable-cite": "usc/6/113" } ] }, { "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", "nested": [], "links": [ { "text": "6 U.S.C. 121", "legal-doc": "usc", "parsable-cite": "usc/6/121" } ] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] }, { "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", "nested": [], "links": [] } ]

[ "Annuities", "Armed Forces and National Security", "Authorization", "Awards, medals, prizes", "Biological warfare", "Border patrols", "Boundaries", "Civil service retirement", "Classified defense information", "Coast guard", "Colleges", "Commemorations", "Commerce", "Commercialization", "Communication in medicine", "Computer security measures", "Congress", "Congressional oversight", "Congressional reporting requirements", "Cost effectiveness", "Criminal justice information", "Customs administration", "Data banks", "Department of Homeland Security", "EBB Terrorism", "Economics and Public Finance", "Education", "Electronic data interchange", "Electronic government information", "Emergency Management", "Emergency communication systems", "Emergency medicine", "Employee rights", "Europe", "Executive reorganization", "Federal advisory bodies", "Federal aid to education", "Federal aid to research", "Federal employees", "Federal officials", "Federal-local relations", "Federal-state relations", "Fire departments", "Fire fighters", "Freight", "Fringe benefits", "Geographic information systems", "Gifts", "Government Operations and Politics", "Government and business", "Government paperwork", "Government procurement", "Government publicity", "Grants-in-aid", "Health", "Higher education", "Identification devices", "Immigration", "Information networks", "Information technology", "Infrastructure", "Infrastructure (Economics)", "Intergovernmental relations", "International Affairs", "International cooperation", "Interstate relations", "Israel", "Joint ventures", "Labor and Employment", "Labor contracts", "Laboratories", "Law enforcement officers", "Maintenance and repair", "Maps", "Marine safety", "Merchant seamen", "Merchant ships", "Metropolitan areas", "Middle East and North Africa", "Military technology", "Minorities", "Minority education", "Names", "Nonprofit organizations", "Nuclear terrorism", "Paramedical personnel", "Passenger ships", "Patrol aircraft", "Patrol ships", "Performance measurement", "Planning-programming-budgeting", "Police", "Police communication systems", "Presidential appointments", "Productivity in government", "Public-private partnerships", "Recruiting of employees", "Remote sensing", "Research and development", "Research centers", "Research grants", "Risk", "Salaries", "Science, Technology, Communications", "Secret service", "Security clearances", "Security measures", "Small business", "Social Welfare", "Standards", "Strategic planning", "Surveying", "Surveys", "Technological forecasting", "Technological innovations", "Technology assessment", "Technology transfer", "Terrorism", "Transportation and Public Works", "Transportation safety", "United Kingdom", "Urban areas", "Women", "Women's education" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HB02BEE3DE2DA40F49B9957FA5DC6181", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Each year, corporations pay resource-dependent developing countries billions of dollars in return for the opportunity to extract natural resources. (2) Foreign governments often misappropriate or misuse those billions of dollars, thereby causing political instability and increasing the risk of violent internal conflict. (3) Investors managing $6.9 trillion in funds have recently made a public statement that lack of transparency may lead to oil and mining corporations being accused of colluding in corruption, and may therefore undermine their social legitimacy and future business prospects in resource-dependent developing countries. (4) Regular reporting by corporations of payments to foreign governments would aid efforts to end corruption, and enable citizens of such countries to better hold their governments to account for the use of their natural wealth. (5) Transparency will aid shareholders in evaluating the corporations in which they invest.", "id": "H7658351A66C6470484F1C2F8B5E427C9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Rulemaking required \n(a) Revision of disclosure requirements required \nThe Securities and Exchange Commission shall revise its rules and regulations under sections 13 and 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)) to require each issuer subject to such sections to disclose in the annual and quarterly reports of such issuer the aggregate payments by such issuer made in connection with the securing of exploration, development, exploitation, extraction, and production rights for natural resources to any foreign government or any other public entity of a foreign country. Such aggregate payments shall include taxes, royalties, fees, and other amounts paid in such connection. (b) Minimum payments excepted \nThe disclosure required by subsection (a) shall not apply to an issuer if the amount of such aggregate payments by such issuer for the reporting period are less than $250,000. (c) Definition of natural resources \nFor purposes of this section, the term natural resources means oil, gas, and minerals.", "id": "H8AED01BF7B7D4279952187BFC5AFB300", "header": "Rulemaking required", "nested": [ { "text": "(a) Revision of disclosure requirements required \nThe Securities and Exchange Commission shall revise its rules and regulations under sections 13 and 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)) to require each issuer subject to such sections to disclose in the annual and quarterly reports of such issuer the aggregate payments by such issuer made in connection with the securing of exploration, development, exploitation, extraction, and production rights for natural resources to any foreign government or any other public entity of a foreign country. Such aggregate payments shall include taxes, royalties, fees, and other amounts paid in such connection.", "id": "HBCEEA121A41E44DAAF5E0008BF91515D", "header": "Revision of disclosure requirements required", "nested": [], "links": [ { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" } ] }, { "text": "(b) Minimum payments excepted \nThe disclosure required by subsection (a) shall not apply to an issuer if the amount of such aggregate payments by such issuer for the reporting period are less than $250,000.", "id": "H7B72FBF4AE164ADBBC23AE31F4F3C365", "header": "Minimum payments excepted", "nested": [], "links": [] }, { "text": "(c) Definition of natural resources \nFor purposes of this section, the term natural resources means oil, gas, and minerals.", "id": "H0315E345C6B345C1A055E2C3B822B065", "header": "Definition of natural resources", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" } ] }, { "text": "4. Injunctive relief; investigations \n(a) Injunctions authorized \nWhen it appears to the Attorney General that any domestic concern to which section 3 applies, or any officer, director, employee, agent, or stockholder thereof, is engaged, or about to engage, in any act or practice constituting a violation of the rules and regulations required by that section, the Attorney General may, in his or her discretion, bring a civil action in an appropriate district court of the United States to enjoin such act or practice, and upon a proper showing, a permanent injunction or a temporary restraining order shall be granted without bond. (b) Investigations \nFor purposes of any civil investigation that, in the opinion of the Attorney General, is necessary and proper to enforce the rules and regulations prescribed under section 3 , the Attorney General or his designee is empowered to administer oaths and affirmation, subpoena witnesses, take evidence, and required the production of any documents deemed relevant to such investigation.", "id": "H8624EEAB9C1942CF9934F0BB08746FDA", "header": "Injunctive relief; investigations", "nested": [ { "text": "(a) Injunctions authorized \nWhen it appears to the Attorney General that any domestic concern to which section 3 applies, or any officer, director, employee, agent, or stockholder thereof, is engaged, or about to engage, in any act or practice constituting a violation of the rules and regulations required by that section, the Attorney General may, in his or her discretion, bring a civil action in an appropriate district court of the United States to enjoin such act or practice, and upon a proper showing, a permanent injunction or a temporary restraining order shall be granted without bond.", "id": "HBADA124F2B044D9EB4E563657800DDB2", "header": "Injunctions authorized", "nested": [], "links": [] }, { "text": "(b) Investigations \nFor purposes of any civil investigation that, in the opinion of the Attorney General, is necessary and proper to enforce the rules and regulations prescribed under section 3 , the Attorney General or his designee is empowered to administer oaths and affirmation, subpoena witnesses, take evidence, and required the production of any documents deemed relevant to such investigation.", "id": "H2F2302A9AA564EC68FC3DA6B002EB88C", "header": "Investigations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Enforcement \n(a) Willful violations \nAny person who willfully violates any rule or regulation prescribed under section 3 shall be fined not more than $2,000,000, or imprisoned not more than 5 years, or both. (b) Other violations \nExcept as provided in subsection (a), any person who violates any rule or regulation prescribed under section 3 shall be fined not more than $100,000.", "id": "H1819DCC171AD410BB8CA8EF7308FC6BF", "header": "Enforcement", "nested": [ { "text": "(a) Willful violations \nAny person who willfully violates any rule or regulation prescribed under section 3 shall be fined not more than $2,000,000, or imprisoned not more than 5 years, or both.", "id": "H4EFB390190C5479989C811D6CFE8616", "header": "Willful violations", "nested": [], "links": [] }, { "text": "(b) Other violations \nExcept as provided in subsection (a), any person who violates any rule or regulation prescribed under section 3 shall be fined not more than $100,000.", "id": "HCA49F837975B4730903D37A4A7262777", "header": "Other violations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Reports \n(a) Reports \nThe Securities and Exchange Commission, in conjunction with the Secretary of the Treasury and the Attorney General, shall submit an annual report to the President and the Congress, reporting compiling the aggregate amount of payments reported under the rules and regulations prescribed under section 3. (b) Title; deadline \nThe report required by subsection (a) , which shall be entitled the Publish What You Pay Report , shall be issued on 1 July of each year.", "id": "H470FCB655785405EBAC97C8C7256E27D", "header": "Reports", "nested": [ { "text": "(a) Reports \nThe Securities and Exchange Commission, in conjunction with the Secretary of the Treasury and the Attorney General, shall submit an annual report to the President and the Congress, reporting compiling the aggregate amount of payments reported under the rules and regulations prescribed under section 3.", "id": "H8CB8435E02C44EB90000F9089E497FCF", "header": "Reports", "nested": [], "links": [] }, { "text": "(b) Title; deadline \nThe report required by subsection (a) , which shall be entitled the Publish What You Pay Report , shall be issued on 1 July of each year.", "id": "HA005DDB9F32145B1BC00672C00D9A839", "header": "Title; deadline", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Deadline for revisions \nThe Securities and Exchange Commission shall prescribe the revisions to its rules and regulations required by section 3(a) not later than 6 months after the date of enactment of this Act.", "id": "HEC038C7ED64D40E5A11930DEEE43B613", "header": "Deadline for revisions", "nested": [], "links": [] } ]

[ "Administrative procedure", "Civil actions and liability", "Commerce", "Congress", "Congressional reporting requirements", "Corporations", "Crime and Law Enforcement", "Energy", "Energy development", "Fees", "Financial statements", "Fines (Penalties)", "Foreign Trade and International Finance", "Gas industry", "Government Operations and Politics", "Government paperwork", "Independent regulatory commissions", "Information disclosure (Securities law)", "Injunctions", "International corporations", "Law", "Mines and mineral resources", "Mining engineering", "Mining royalties", "Natural gas", "Oil and gas royalties", "Petroleum", "Petroleum engineering", "Petroleum industry", "Prospecting", "Public Lands and Natural Resources", "Securities and Exchange Commission", "Taxation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Josie King Act of 2004 or the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004.", "id": "H0EFE86B619DA47C2AD2E077BA0B2BBE9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definition \nFor purposes of this Act, the term Secretary means the Secretary of Health and Human Services.", "id": "H9C84910A943842E1AD8D56CF522358AD", "header": "Definition", "nested": [], "links": [] }, { "text": "3. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title Sec. 2. Definition Sec. 3. Table of contents Title I—National Health Information Infrastructure Sec. 101. Purpose Sec. 102. Health information technology grants Sec. 103. Standards for interoperability of health information technology systems Sec. 104. Loans Sec. 105. Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure Sec. 106. Exception to medicare limitations on physician self-referral Sec. 107. Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges Sec. 108. Medicaid payments for information infrastructure for health information exchange and information technology Sec. 109. Definitions Title II—Health Care Outcomes, Best Practices, and Efficiency Sec. 201. Research on Outcomes of Health Care Items and Services Sec. 202. Consortium for Health Outcomes Research Priorities Sec. 203. Center for Clinical Decision-Support Technology Sec. 204. Scholarships for study in health care quality and patient safety Sec. 205. Standardized measures of health care provider performance Sec. 206. Definitions Title III—Incentives for health care quality Sec. 301. Access to medicare health care claims databases Sec. 302. Incorporation of measures of health care practitioner performance in Federal programs Sec. 303. Interim claims-based practitioner performance database Sec. 304. Clinical-based practitioner performance database Sec. 305. Availability of performance measurements and data Sec. 306. Use of health care provider performances measure for pay for performance Sec. 307. Study comparing practitioner performance database Sec. 308. Regulations on auditing Sec. 309. AHRQ access to practitioner performance databases", "id": "H889E7451854D49A3B9CA8324C8C1006C", "header": "Table of contents", "nested": [], "links": [] }, { "text": "101. Purpose \nThe Secretary of Health and Human Services shall implement this title with a view to developing a national health information infrastructure.", "id": "H22E95A0016464D8496EC107BD36548F", "header": "Purpose", "nested": [], "links": [] }, { "text": "102. Health information technology grants \n(a) Phase I grants \n(1) Grants \nThe Secretary may make not more than 20 grants to health information infrastructure organizations to enable each grantee to develop and implement over a 4-year period a community health information technology plan that provides for a health information exchange to serve a geographic area in 1 or more States. (2) Use of funds \nThe Secretary may not make a grant to a health information infrastructure organization under this section unless the organization agrees to use the grant— (A) in the first year of the grant, to develop a community health information technology plan described in paragraph (3) for submission to the Secretary under paragraph (4); and (B) in each year of the grant, but not later than the second year of the grant, to implement a health information infrastructure, including a health information exchange, in accordance with the plan. (3) Community health information technology plan \n(A) In general \nA community health information technology plan shall provide for the establishment and implementation in a specified geographic area of a health information infrastructure that— (i) includes a health information exchange that allows the seamless, secure, electronic sharing of health information among health care providers and other authorized users; (ii) provides consumers with secure, electronic access to their own health information; (iii) meets data standards for interoperability adopted by the Secretary, including any standards providing for interoperability among health information exchanges; (iv) meets the privacy requirements of subsection (d); (v) provides such public health surveillance and reporting capability as the Secretary requires; (vi) allows for such reporting of, and access to, health information for purposes of research (other than individually identifiable health information) as the Secretary requires; and (vii) allows for the reporting of health information (other than individually identifiable health information) to the database established under section 304 for the purpose of health care provider performance measurement in such form as required by the Secretary. (B) Contents \nA community health information technology plan shall— (i) be developed with the participation and widespread support of the health care community, including all stakeholders (including small physician groups), of the geographic area to be served by the grantee’s health information exchange; (ii) describe the technologies and systems, including interoperability data standards, that will be used to establish a health information exchange consistent with paragraph (A)(i) and the technological requirements and support that will be necessary for health care providers to participate in the health information exchange; (iii) establish how health care stakeholders will share the costs of health information technology investments required by the community health information technology plan, including the costs of implementing and maintaining new systems in physicians offices, hospitals, laboratories, community health centers, pharmacies, and other facilities of health care providers; (iv) establish how administrative and clinical savings resulting from widespread use of new health information technology will be accounted for and distributed among health care stakeholders; (v) explain how the health information infrastructure organization involved will ensure widespread participation by health care providers (especially small physician groups) in the grantee’s health information exchange and what support and assistance will be available to physicians seeking to integrate health information technologies into their practices; (vi) describe how patients and caregivers who are not health care providers will be able to access and utilize the health information infrastructure; (vii) establish how the health information infrastructure will be sustained over time, including anticipated sources of revenue; (viii) explain how the grantee’s health information exchange will protect patient privacy and maintain security; (ix) explain how the grantee will ensure the participation of health care providers serving minority communities, including communities in which English is not the primary language spoken; and (x) require that the grantee’s health information exchange is certified by the Secretary under this section. (4) Approval of plan \n(A) Submission \nNot later than the end of the first year for which a health information infrastructure organization receives a grant under this subsection, the organization shall submit its community health information technology plan to the Secretary. (B) Approval \nThe Secretary shall approve or disapprove each community health information technology plan submitted to the Secretary under this paragraph based on whether the plan complies with the requirements of this subsection. (C) Effect of failure to approve \nThe Secretary may not make any payment under this subsection to a health information infrastructure organization for the second, third, or fourth year for which the organization receives a grant unless the Secretary has approved the organization’s community health information technology plan. (5) Selection \nIn selecting grant recipients under this section, the Secretary shall take into account the extent to which an applicant intends to develop a community health information technology plan that covers a complete medical market area (as defined by the Secretary), geographical diversity, extent of stakeholder participation, health care provider participation commitments, capacity to measure quality and efficiency improvements, and replicability. (b) Phase II grants \n(1) Grants \nFor the purpose described in paragraph (2), the Secretary shall make a grant under this subsection to each State that agrees to comply with the requirements of this subsection. (2) Purpose \nA funding agreement for a grant under this subsection is that the State involved will use the grant only for making subgrants to health information infrastructure organizations for the purpose of— (A) maintaining and upgrading existing health information exchanges; (B) replicating existing health information exchanges to develop and implement new health information exchanges in areas not previously served by an exchange in accordance with the process and requirements described in subsection (a); (C) including additional stakeholders in the health information exchanges; (D) working with entities in neighboring States to expand health information exchanges on a regional basis; and (E) connecting health information exchanges with public health and bioterrorism surveillance programs, including those of the Centers for Disease Control and Prevention. (3) Privacy \nA funding agreement for a grant under this subsection is that the State involved must require that any infrastructure funded in whole or in part under this subsection must meet the privacy requirements of subsection (d). (4) Certification \nA funding agreement for a grant under this subsection is that the State involved will require that each health information exchange funded with the grant is certified by the Secretary under this section. (5) Reports \nA funding agreement for a grant under this subsection is that the State involved will submit an annual report to the Secretary on the activities of the State under this subsection, including— (A) the status of existing health information exchanges in the State; and (B) the development and implementation of new health information exchanges in the State in areas not previously served by an exchange. (6) Allocation of funds \nOf the amount appropriated for each fiscal year to carry out this subsection, the Secretary shall use such appropriated amount to award a grant to each State receiving a grant under this subsection in an amount that bears the same relation to the appropriated amount as the number of physicians and hospitals in the State bears to the total number of physicians and hospitals in all such States. (c) Phase III grants \nThe Secretary shall continue to make grants to States in accordance with the provisions of subsection (b), except that— (1) grants under this subsection shall be used primarily to maintain or upgrade existing health information exchanges; and (2) the Secretary may not make a grant to a State under this subsection if less than 75 percent of the health care providers in the State are participating in a health information exchange. (d) Privacy \nAny health information infrastructure funded in whole or in part under this section shall— (1) comply with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2(d) ); (2) allow patients to exclude their health information from the health information exchange; (3) give patients the option of allowing only designated health care providers to access their personally identifiable information concerning diagnosis and treatment of sexually transmitted diseases, addiction, and mental illnesses; (4) allow health care providers to access individually identifiable health information through health information exchanges only for reasonable purposes related to diagnosis and treatment; (5) allow other persons to access individually identifiable health information available through health information exchanges only with express patient consent; and (6) require health care providers, in making a transmission of individually identifiable health information to payers through the health information infrastructure, to restrict the transmission to the minimum amount of information necessary for payment of the claim involved. (e) Application \nTo seek a grant under this section, an applicant shall submit an application to the Secretary in such form, in such manner, and containing such information and assurances as the Secretary may require. (f) Technical assistance \n(1) In general \nThe Secretary shall provide to health information infrastructure organizations such technical assistance as the Secretary deems appropriate to carry out this section, including assistance relating to questions of governance, financing, and technological approaches to the creation of health information infrastructure. (2) National technical assistance center \n(A) Establishment \nThe Director of the Agency for Healthcare Resources and Quality shall establish and maintain a national technical assistance center to provide assistance to physicians described in subparagraph (B) to facilitate successful adoption of health information technologies and participation in the development and implementation of community health information technology plans by such physicians. (B) Physicians \nThe national technical assistance center shall provide assistance to physicians in geographical areas served by a health information infrastructure organization with a phase I grant under subsection (a). (C) Priority \nIn providing assistance to physicians under this paragraph, the national technical assistance centers shall— (i) give priority to physicians in small physician groups; and (ii) as resources allow, provide assistance to physicians in larger groups. (D) Requirements \nTechnical assistance provided under this paragraph shall, at a minimum, include the following: (i) A clearinghouse of best practices, guidelines, and implementation strategies directed at the small medical practices that plan to adopt electronic medical records and other health information technologies. (ii) A change management tool kit to enable physicians and their office staffs to successfully prepare practice workflows for electronic medical record adoption, to receive guidance in the selection of vendors of health information technology products and services that are appropriate within the context of the individual practice and the community setting, to implement health information technology solutions and manage the project at the practice level, and to address the ongoing need for upgrades, maintenance, and security of office-based health information technologies. (iii) The capability to provide consultations and advice to small medical practices to facilitate adoption of health information technologies. (g) Certification \nNot later than the date that is 1 year after the date of the enactment of this Act, the Secretary shall establish a program of certifying health information infrastructures that are in compliance with the requirements of subsection (a)(3)(A) and any other requirements of the national health information infrastructure as established by the Secretary. (h) Authorization of appropriations \n(1) In general \nTo carry out the provisions of this section other than subsection (f)(2), there are authorized to be appropriated— (A) for phase I grants under subsection (a), $55,000,000 for fiscal year 2005 and $167,000,000 for each of fiscal years 2006, 2007, and 2008; (B) for phase II grants under subsection (b), $400,000,000 for each of fiscal years 2009 through 2013; and (C) for phase III grants under subsection (c), such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (2) Technical assistance \n(A) In general \nOf the amount appropriated to carry out this section for a fiscal year, not more than than 10 percent of such amount or $5,000,000, whichever is lesser, may be used to provide technical assistance under subsection (f)(1). (B) National technical assistance center \nTo carry out subsection (f)(2), there is authorized to be appropriated $2,500,000 for each of fiscal years 2005 through 2008.", "id": "H325FFD448A3A47CD818E801FD769C7C0", "header": "Health information technology grants", "nested": [ { "text": "(a) Phase I grants \n(1) Grants \nThe Secretary may make not more than 20 grants to health information infrastructure organizations to enable each grantee to develop and implement over a 4-year period a community health information technology plan that provides for a health information exchange to serve a geographic area in 1 or more States. (2) Use of funds \nThe Secretary may not make a grant to a health information infrastructure organization under this section unless the organization agrees to use the grant— (A) in the first year of the grant, to develop a community health information technology plan described in paragraph (3) for submission to the Secretary under paragraph (4); and (B) in each year of the grant, but not later than the second year of the grant, to implement a health information infrastructure, including a health information exchange, in accordance with the plan. (3) Community health information technology plan \n(A) In general \nA community health information technology plan shall provide for the establishment and implementation in a specified geographic area of a health information infrastructure that— (i) includes a health information exchange that allows the seamless, secure, electronic sharing of health information among health care providers and other authorized users; (ii) provides consumers with secure, electronic access to their own health information; (iii) meets data standards for interoperability adopted by the Secretary, including any standards providing for interoperability among health information exchanges; (iv) meets the privacy requirements of subsection (d); (v) provides such public health surveillance and reporting capability as the Secretary requires; (vi) allows for such reporting of, and access to, health information for purposes of research (other than individually identifiable health information) as the Secretary requires; and (vii) allows for the reporting of health information (other than individually identifiable health information) to the database established under section 304 for the purpose of health care provider performance measurement in such form as required by the Secretary. (B) Contents \nA community health information technology plan shall— (i) be developed with the participation and widespread support of the health care community, including all stakeholders (including small physician groups), of the geographic area to be served by the grantee’s health information exchange; (ii) describe the technologies and systems, including interoperability data standards, that will be used to establish a health information exchange consistent with paragraph (A)(i) and the technological requirements and support that will be necessary for health care providers to participate in the health information exchange; (iii) establish how health care stakeholders will share the costs of health information technology investments required by the community health information technology plan, including the costs of implementing and maintaining new systems in physicians offices, hospitals, laboratories, community health centers, pharmacies, and other facilities of health care providers; (iv) establish how administrative and clinical savings resulting from widespread use of new health information technology will be accounted for and distributed among health care stakeholders; (v) explain how the health information infrastructure organization involved will ensure widespread participation by health care providers (especially small physician groups) in the grantee’s health information exchange and what support and assistance will be available to physicians seeking to integrate health information technologies into their practices; (vi) describe how patients and caregivers who are not health care providers will be able to access and utilize the health information infrastructure; (vii) establish how the health information infrastructure will be sustained over time, including anticipated sources of revenue; (viii) explain how the grantee’s health information exchange will protect patient privacy and maintain security; (ix) explain how the grantee will ensure the participation of health care providers serving minority communities, including communities in which English is not the primary language spoken; and (x) require that the grantee’s health information exchange is certified by the Secretary under this section. (4) Approval of plan \n(A) Submission \nNot later than the end of the first year for which a health information infrastructure organization receives a grant under this subsection, the organization shall submit its community health information technology plan to the Secretary. (B) Approval \nThe Secretary shall approve or disapprove each community health information technology plan submitted to the Secretary under this paragraph based on whether the plan complies with the requirements of this subsection. (C) Effect of failure to approve \nThe Secretary may not make any payment under this subsection to a health information infrastructure organization for the second, third, or fourth year for which the organization receives a grant unless the Secretary has approved the organization’s community health information technology plan. (5) Selection \nIn selecting grant recipients under this section, the Secretary shall take into account the extent to which an applicant intends to develop a community health information technology plan that covers a complete medical market area (as defined by the Secretary), geographical diversity, extent of stakeholder participation, health care provider participation commitments, capacity to measure quality and efficiency improvements, and replicability.", "id": "HA7AFD797B9E34016BDDA8ED3F1E924E6", "header": "Phase I grants", "nested": [], "links": [] }, { "text": "(b) Phase II grants \n(1) Grants \nFor the purpose described in paragraph (2), the Secretary shall make a grant under this subsection to each State that agrees to comply with the requirements of this subsection. (2) Purpose \nA funding agreement for a grant under this subsection is that the State involved will use the grant only for making subgrants to health information infrastructure organizations for the purpose of— (A) maintaining and upgrading existing health information exchanges; (B) replicating existing health information exchanges to develop and implement new health information exchanges in areas not previously served by an exchange in accordance with the process and requirements described in subsection (a); (C) including additional stakeholders in the health information exchanges; (D) working with entities in neighboring States to expand health information exchanges on a regional basis; and (E) connecting health information exchanges with public health and bioterrorism surveillance programs, including those of the Centers for Disease Control and Prevention. (3) Privacy \nA funding agreement for a grant under this subsection is that the State involved must require that any infrastructure funded in whole or in part under this subsection must meet the privacy requirements of subsection (d). (4) Certification \nA funding agreement for a grant under this subsection is that the State involved will require that each health information exchange funded with the grant is certified by the Secretary under this section. (5) Reports \nA funding agreement for a grant under this subsection is that the State involved will submit an annual report to the Secretary on the activities of the State under this subsection, including— (A) the status of existing health information exchanges in the State; and (B) the development and implementation of new health information exchanges in the State in areas not previously served by an exchange. (6) Allocation of funds \nOf the amount appropriated for each fiscal year to carry out this subsection, the Secretary shall use such appropriated amount to award a grant to each State receiving a grant under this subsection in an amount that bears the same relation to the appropriated amount as the number of physicians and hospitals in the State bears to the total number of physicians and hospitals in all such States.", "id": "H424763EEF4EA4180933F0662F9C3C1D9", "header": "Phase II grants", "nested": [], "links": [] }, { "text": "(c) Phase III grants \nThe Secretary shall continue to make grants to States in accordance with the provisions of subsection (b), except that— (1) grants under this subsection shall be used primarily to maintain or upgrade existing health information exchanges; and (2) the Secretary may not make a grant to a State under this subsection if less than 75 percent of the health care providers in the State are participating in a health information exchange.", "id": "HD00BBFD9E018422EB599E11FE7ABC08F", "header": "Phase III grants", "nested": [], "links": [] }, { "text": "(d) Privacy \nAny health information infrastructure funded in whole or in part under this section shall— (1) comply with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2(d) ); (2) allow patients to exclude their health information from the health information exchange; (3) give patients the option of allowing only designated health care providers to access their personally identifiable information concerning diagnosis and treatment of sexually transmitted diseases, addiction, and mental illnesses; (4) allow health care providers to access individually identifiable health information through health information exchanges only for reasonable purposes related to diagnosis and treatment; (5) allow other persons to access individually identifiable health information available through health information exchanges only with express patient consent; and (6) require health care providers, in making a transmission of individually identifiable health information to payers through the health information infrastructure, to restrict the transmission to the minimum amount of information necessary for payment of the claim involved.", "id": "H6880A609516D4E46A2A1B945C5DDAE2E", "header": "Privacy", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "(e) Application \nTo seek a grant under this section, an applicant shall submit an application to the Secretary in such form, in such manner, and containing such information and assurances as the Secretary may require.", "id": "HE502104CD3894CBBBD7FE6734521D9CD", "header": "Application", "nested": [], "links": [] }, { "text": "(f) Technical assistance \n(1) In general \nThe Secretary shall provide to health information infrastructure organizations such technical assistance as the Secretary deems appropriate to carry out this section, including assistance relating to questions of governance, financing, and technological approaches to the creation of health information infrastructure. (2) National technical assistance center \n(A) Establishment \nThe Director of the Agency for Healthcare Resources and Quality shall establish and maintain a national technical assistance center to provide assistance to physicians described in subparagraph (B) to facilitate successful adoption of health information technologies and participation in the development and implementation of community health information technology plans by such physicians. (B) Physicians \nThe national technical assistance center shall provide assistance to physicians in geographical areas served by a health information infrastructure organization with a phase I grant under subsection (a). (C) Priority \nIn providing assistance to physicians under this paragraph, the national technical assistance centers shall— (i) give priority to physicians in small physician groups; and (ii) as resources allow, provide assistance to physicians in larger groups. (D) Requirements \nTechnical assistance provided under this paragraph shall, at a minimum, include the following: (i) A clearinghouse of best practices, guidelines, and implementation strategies directed at the small medical practices that plan to adopt electronic medical records and other health information technologies. (ii) A change management tool kit to enable physicians and their office staffs to successfully prepare practice workflows for electronic medical record adoption, to receive guidance in the selection of vendors of health information technology products and services that are appropriate within the context of the individual practice and the community setting, to implement health information technology solutions and manage the project at the practice level, and to address the ongoing need for upgrades, maintenance, and security of office-based health information technologies. (iii) The capability to provide consultations and advice to small medical practices to facilitate adoption of health information technologies.", "id": "H01AF00429CFF4C58A24B38CA6D5E000", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(g) Certification \nNot later than the date that is 1 year after the date of the enactment of this Act, the Secretary shall establish a program of certifying health information infrastructures that are in compliance with the requirements of subsection (a)(3)(A) and any other requirements of the national health information infrastructure as established by the Secretary.", "id": "H71DE94AE08FF43D786F0A36884F29F3C", "header": "Certification", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \n(1) In general \nTo carry out the provisions of this section other than subsection (f)(2), there are authorized to be appropriated— (A) for phase I grants under subsection (a), $55,000,000 for fiscal year 2005 and $167,000,000 for each of fiscal years 2006, 2007, and 2008; (B) for phase II grants under subsection (b), $400,000,000 for each of fiscal years 2009 through 2013; and (C) for phase III grants under subsection (c), such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. (2) Technical assistance \n(A) In general \nOf the amount appropriated to carry out this section for a fiscal year, not more than than 10 percent of such amount or $5,000,000, whichever is lesser, may be used to provide technical assistance under subsection (f)(1). (B) National technical assistance center \nTo carry out subsection (f)(2), there is authorized to be appropriated $2,500,000 for each of fiscal years 2005 through 2008.", "id": "HAF9A0424103F45D4BC9EE4F5D3A6A897", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–2(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "103. Standards for interoperability of health information technology systems \n(a) Standards \nNot later than 1 year after the date of the enactment of this Act, after considering the recommendations of the Working Group, the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall adopt data standards for the interoperability of health information technology systems. (b) Periodic review \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall periodically review the data standards adopted under subsection (a) and, as appropriate, revise such standards. (c) Application \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs shall require that each program using health information technology of the Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs, respectively, complies with the data standards adopted under subsection (a). (d) Working Group \n(1) Establishment \nThe Secretary of Health and Human Services shall convene a Working Group to formulate recommendations on the adoption of data standards for the interoperability of health information technology systems. (2) Membership \nThe members of the Working Group shall include the following: (A) Health informatics experts from the Department of Defense, the Department of Health and Humans Services, the Department of Veterans Affairs, the Indian Health Service, and the private sector. (B) Practicing physicians. (C) Nurses. (D) Representatives of other health care providers. (E) Hospital administrators and hospital chief information officers. (F) Representatives of standards development organizations. (G) Representatives of standards development organizations. (H) Representatives of the Agency for Healthcare Research and Quality. (I) Representatives of the National Library of Medicine. (J) Other individuals, as determined appropriate by the Secretary, with expertise relevant to recommending data standards for the interoperability of health information technology systems. (3) Duties \nThe Working Group shall formulate recommendations to the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs on the adoption of data standards for the interoperability of health information technology systems, including recommendations on standards for each of the following: (A) Components of electronic medical records. (B) Interchange of clinical data, including, with a patient’s consent, the sharing of patient data— (i) across health care provider and community boundaries; and (ii) between health care providers and patients. (C) Terminologies. (D) Medical knowledge representation. (E) Computerized physician order entry. (F) Privacy, security, and authentication of health information. (e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $5,000,000 for each of fiscal years 2005 and 2006; and (2) $2,000,000 for fiscal year 2007 and each subsequent fiscal year.", "id": "HA8D03B8441BD4F4496FE9362A12EEB8", "header": "Standards for interoperability of health information technology systems", "nested": [ { "text": "(a) Standards \nNot later than 1 year after the date of the enactment of this Act, after considering the recommendations of the Working Group, the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall adopt data standards for the interoperability of health information technology systems.", "id": "H9DFB8B3E4D104E5894E5483F001B51EC", "header": "Standards", "nested": [], "links": [] }, { "text": "(b) Periodic review \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs, acting jointly, shall periodically review the data standards adopted under subsection (a) and, as appropriate, revise such standards.", "id": "HAA708F58AB684C1EA8D69B67BEF4B83E", "header": "Periodic review", "nested": [], "links": [] }, { "text": "(c) Application \nThe Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs shall require that each program using health information technology of the Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs, respectively, complies with the data standards adopted under subsection (a).", "id": "HBA6E1C4C4A934787942684BB3C44E08E", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Working Group \n(1) Establishment \nThe Secretary of Health and Human Services shall convene a Working Group to formulate recommendations on the adoption of data standards for the interoperability of health information technology systems. (2) Membership \nThe members of the Working Group shall include the following: (A) Health informatics experts from the Department of Defense, the Department of Health and Humans Services, the Department of Veterans Affairs, the Indian Health Service, and the private sector. (B) Practicing physicians. (C) Nurses. (D) Representatives of other health care providers. (E) Hospital administrators and hospital chief information officers. (F) Representatives of standards development organizations. (G) Representatives of standards development organizations. (H) Representatives of the Agency for Healthcare Research and Quality. (I) Representatives of the National Library of Medicine. (J) Other individuals, as determined appropriate by the Secretary, with expertise relevant to recommending data standards for the interoperability of health information technology systems. (3) Duties \nThe Working Group shall formulate recommendations to the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs on the adoption of data standards for the interoperability of health information technology systems, including recommendations on standards for each of the following: (A) Components of electronic medical records. (B) Interchange of clinical data, including, with a patient’s consent, the sharing of patient data— (i) across health care provider and community boundaries; and (ii) between health care providers and patients. (C) Terminologies. (D) Medical knowledge representation. (E) Computerized physician order entry. (F) Privacy, security, and authentication of health information.", "id": "H970FF9E4ECFD415DB420625DDDDA5581", "header": "Working Group", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section— (1) $5,000,000 for each of fiscal years 2005 and 2006; and (2) $2,000,000 for fiscal year 2007 and each subsequent fiscal year.", "id": "HD44B854138B1462BA4A95450B18740D8", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Loans \n(a) In general \nThe Secretary may make loans to health information infrastructure organizations that receive a phase I grant under section 102(a) or a phase II subgrant under section 102(b) to provide additional funding for activities under the grant, including funding for the costs of— (1) developing a community health information technology plan under section 102(a)(3); and (2) implementing technology investments, training, and workflow reengineering under the plan. (b) Terms and conditions \nEach loan under this section shall be subject to such terms and conditions as the Secretary deems appropriate, except that— (1) the repayment period of each such loan may not exceed 10 years; (2) any technology investments paid for in whole or in part with funds from the loan must comply with the data standards for the interoperability of health information technology systems adopted by the Secretary under section 103; (3) any technology investments paid for in whole or in part with funds from the loan must comply with the privacy requirements of section 102(d); and (4) the Secretary shall require the health information infrastructure organization involved to provide to the Secretary an annual accounting of loan funds.", "id": "H92233140C33549FCA68E935E0180277E", "header": "Loans", "nested": [ { "text": "(a) In general \nThe Secretary may make loans to health information infrastructure organizations that receive a phase I grant under section 102(a) or a phase II subgrant under section 102(b) to provide additional funding for activities under the grant, including funding for the costs of— (1) developing a community health information technology plan under section 102(a)(3); and (2) implementing technology investments, training, and workflow reengineering under the plan.", "id": "H9BB27B1F592E41739EE61F575800D003", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Terms and conditions \nEach loan under this section shall be subject to such terms and conditions as the Secretary deems appropriate, except that— (1) the repayment period of each such loan may not exceed 10 years; (2) any technology investments paid for in whole or in part with funds from the loan must comply with the data standards for the interoperability of health information technology systems adopted by the Secretary under section 103; (3) any technology investments paid for in whole or in part with funds from the loan must comply with the privacy requirements of section 102(d); and (4) the Secretary shall require the health information infrastructure organization involved to provide to the Secretary an annual accounting of loan funds.", "id": "H9317F10C3F474BD1A31D59E30048FB4E", "header": "Terms and conditions", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure \nParagraph (3) of section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (1) by striking the period at the end of the first subparagraph (H) and inserting a semicolon; (2) by redesignating the second subparagraph (H) as subparagraph (I); (3) by striking the period at the end of subparagraph (I) (as so redesignated) and inserting ; and ; and (4) by adding at the end the following: (J) the provision of any equipment or services that are appropriate for the development or implementation of a health information infrastructure under section 102 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004, including the provision of hardware, software, and services necessary to participate in a health information exchange so long as such equipment or services are not provided in any manner that takes into account the volume, or value, of referrals or other business generated between the parties..", "id": "H16533641F67E47CB81C2FEA0A96B8473", "header": "Safe harbor for equipment and services provided for the development or implementation of a health information infrastructure", "nested": [], "links": [] }, { "text": "106. Exception to medicare limitations on physician self-referral \nSection 1877(e) of the Social Security Act ( 42 U.S.C. 1395nn(e) ) is amended by adding at the end the following new paragraph: (9) Development or implementation of a health information infrastructure \nThe provision of any equipment or services as appropriate for the development or implementation of a health information infrastructure under section 102 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004, including the provision of hardware, software, and services necessary to participate in a health information exchange so long as such equipment or services are not provided in any manner that takes into account the volume or value of referrals or other business generated between the parties..", "id": "H3C2CB2C599E34BC99640008CFA00C055", "header": "Exception to medicare limitations on physician self-referral", "nested": [], "links": [ { "text": "42 U.S.C. 1395nn(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1395nn" } ] }, { "text": "107. Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges \n(a) In general \nThe Secretary shall establish a methodology for making adjustments in payment amounts under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) made to providers of services and suppliers who furnish items or services for which payment is made under that title who— (1) participate in a health information exchange certified by the Secretary under section 103(b); or (2) in the course of furnishing items and services for which payment may be made under such title, use information technology with patient-specific applications that the Secretary determines improve the quality and accuracy of clinical decision-making (such as electronic medical records and computerized physician order entry). (b) Establishment and modification of codes \nThe methodology under subsection (a) shall— (1) include the establishment of new codes, modification of existing codes, and adjustment of evaluation and management modifiers to such codes that take into account the costs of acquiring, using, and maintaining information technology with patient-specific applications; and (2) take into account estimated aggregate annual savings in overall payments under such title XVIII attributable to the use of information technology with patient-specific applications. (c) Duration \nThe Secretary may reduce or eliminate adjustments established made to subsection (a) as payment methodologies under title XVIII of the Social Security Act are adjusted to reflect provider quality and efficiency. (d) Rule of construction \nIn making national coverage determinations under section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) with respect to maintaining information technology with patient-specific applications, in determining whether the information technology is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, the Secretary shall consider whether the information technology improves clinical outcomes or cost-effectiveness of treatment. (e) Definitions \nIn this section: (1) Provider of services \nThe term provider of services has the meaning given such term under section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) ). (2) Supplier \nThe term supplier has the meaning given such term under section 1861(d) of such Act ( 42 U.S.C. 1395x(d) ).", "id": "HB0E06CDCA4CB4DCCB1A3E3E405007F09", "header": "Adjustments to medicare payments to providers of service and suppliers participating in health information exchanges", "nested": [ { "text": "(a) In general \nThe Secretary shall establish a methodology for making adjustments in payment amounts under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) made to providers of services and suppliers who furnish items or services for which payment is made under that title who— (1) participate in a health information exchange certified by the Secretary under section 103(b); or (2) in the course of furnishing items and services for which payment may be made under such title, use information technology with patient-specific applications that the Secretary determines improve the quality and accuracy of clinical decision-making (such as electronic medical records and computerized physician order entry).", "id": "H9BCCAADAB4E043C9ADD8C783F832A30", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" } ] }, { "text": "(b) Establishment and modification of codes \nThe methodology under subsection (a) shall— (1) include the establishment of new codes, modification of existing codes, and adjustment of evaluation and management modifiers to such codes that take into account the costs of acquiring, using, and maintaining information technology with patient-specific applications; and (2) take into account estimated aggregate annual savings in overall payments under such title XVIII attributable to the use of information technology with patient-specific applications.", "id": "HE4701ED369CA4782B5010826849CC00", "header": "Establishment and modification of codes", "nested": [], "links": [] }, { "text": "(c) Duration \nThe Secretary may reduce or eliminate adjustments established made to subsection (a) as payment methodologies under title XVIII of the Social Security Act are adjusted to reflect provider quality and efficiency.", "id": "H176A407C0D6442FDB045E19C00FD2BC2", "header": "Duration", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nIn making national coverage determinations under section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) with respect to maintaining information technology with patient-specific applications, in determining whether the information technology is reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member, the Secretary shall consider whether the information technology improves clinical outcomes or cost-effectiveness of treatment.", "id": "H4926787999914A11AF359CCDF6394480", "header": "Rule of construction", "nested": [], "links": [ { "text": "42 U.S.C. 1395y(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" } ] }, { "text": "(e) Definitions \nIn this section: (1) Provider of services \nThe term provider of services has the meaning given such term under section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) ). (2) Supplier \nThe term supplier has the meaning given such term under section 1861(d) of such Act ( 42 U.S.C. 1395x(d) ).", "id": "HC48571823BE84BCFACE8A246DEB6DE6E", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(u)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] } ], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395y(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1395y" }, { "text": "42 U.S.C. 1395x(u)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "108. Medicaid payments for information infrastructure for health information exchange and information technology \n(a) Payment \nIn the case of a State that provides funding under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for the design, development, and installation of information infrastructure consisting of a health information exchange and information technology operated by health care providers pursuant to a community health information technology plan approved by the Secretary under section 102, the Secretary shall make matching payments to States under section 1903(a) of such Act ( 42 U.S.C. 1396b(a) ) for such funding. (b) 90 percent FMAP for phase i grants \nIn addition to payment amounts provided for in subsection (a), for calendar quarters occurring during the first three years during which a State provides funding referred to in subsection (a), the Secretary shall provide for payment to such State at the rate provided for under section 1903(a)(3)(A)(i) of such Act ( 42 U.S.C. 1396b(a)(3)(A)(i) ).", "id": "HF5CC00029F0C44ECB8CF28A12026B233", "header": "Medicaid payments for information infrastructure for health information exchange and information technology", "nested": [ { "text": "(a) Payment \nIn the case of a State that provides funding under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for the design, development, and installation of information infrastructure consisting of a health information exchange and information technology operated by health care providers pursuant to a community health information technology plan approved by the Secretary under section 102, the Secretary shall make matching payments to States under section 1903(a) of such Act ( 42 U.S.C. 1396b(a) ) for such funding.", "id": "H3B163045BE6F4948B0CF732C2540CA4C", "header": "Payment", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396b(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] }, { "text": "(b) 90 percent FMAP for phase i grants \nIn addition to payment amounts provided for in subsection (a), for calendar quarters occurring during the first three years during which a State provides funding referred to in subsection (a), the Secretary shall provide for payment to such State at the rate provided for under section 1903(a)(3)(A)(i) of such Act ( 42 U.S.C. 1396b(a)(3)(A)(i) ).", "id": "H48EB2709B6064C81AAFC609513E7AFD6", "header": "90 percent FMAP for phase i grants", "nested": [], "links": [ { "text": "42 U.S.C. 1396b(a)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396b(a)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396b(a)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" } ] }, { "text": "109. Definitions \nIn this title: (1) The term health care provider means an entity involved in consultation, prevention, diagnosis, and treatment, including but not limited to a physician group, physician in individual practice, hospital, community health center, skilled nursing facility, laboratory, imaging center, or pharmacy. (2) The term health information infrastructure organization means an organization that— (A) facilitates the drafting and implementation of a community health information infrastructure plan for a given geographic area in 1 or more States; (B) with respect to each area to be served by the organization with a grant under this section, is designated by the Governors of the States involved as the exclusive health information infrastructure organization for that area; and (C) is governed by a board that— (i) includes representatives of health care insurers and other third party payors, government health care programs, employers, physicians and other health care providers, hospitals, and consumers; and (ii) may include representatives of organized labor. (3) The term physician has the meaning given to that term in section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ). (4) The term small physician group means a physician practice group of 10 or fewer physicians. (5) The term State includes the 50 States and the District of Columbia. (6) The term Working Group means the working group convened under section 103.", "id": "HAB4D29D4BE104428BEADE500C94632CD", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(r)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "201. Research on Outcomes of Health Care Items and Services \nSection 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 299b–7 ) is amended— (1) in subsection (a)— (A) in clause (i) of paragraph (1)(A), by inserting cost-effectiveness, before comparative clinical effectiveness, ; (B) by striking paragraph (2) and inserting the following: (2) Priorities \nIn carrying out this section, the Secretary shall adopt and implement the priorities established by the Consortium for Health Outcomes Research Priorities under section 202 of the Quality, Efficiency, Standards, and Technology for Health Care Transformation Act of 2004. ; and (C) in clause (i) of paragraph (3)(A), by inserting cost-effectiveness, before comparative clinical effectiveness, ; (2) by striking subsection (d); (3) in subsection (e), by inserting $150,000,000 for fiscal year 2005, $250,000,000 for fiscal year 2006, $400,000,000 for fiscal year 2007, $750,000,000 for fiscal year 2008, $1,000,000,000 for fiscal year 2009, before and such sums as may be necessary for each fiscal year thereafter ; and (4) by redesignating subsection (e) as subsection (d).", "id": "H9384D95FC2AC40AA88B8E9E73EF0073", "header": "Research on Outcomes of Health Care Items and Services", "nested": [], "links": [ { "text": "42 U.S.C. 299b–7", "legal-doc": "usc", "parsable-cite": "usc/42/299b-7" } ] }, { "text": "202. Consortium for Health Outcomes Research Priorities \n(a) Establishment \nThe Director of the Agency for Healthcare Research and Quality shall enter into an agreement with the Institute of Medicine to establish the Consortium for Health Outcomes Research Priorities. (b) Members \n(1) In general \nThe Consortium shall be composed of the ex officio members listed in paragraph (2) and the members appointed by the Institute of Medicine under paragraph (3). (2) Ex officio members \nThe ex officio members of the Consortium shall include the following: (A) The Administrator of the Centers for Medicare and Medicaid Services. (B) The Commissioner of Food and Drugs. (C) The Director of the Agency for Healthcare Research and Quality. (D) The Director of the Centers for Disease Control and Prevention. (E) The Director of the Indian Health Service. (F) The Director of the National Institutes of Health. (G) The Assistant Secretary of Defense for Health Affairs. (H) The Under Secretary for Health, Department of Veterans Affairs. (3) Appointed members \nThe members of the Consortium appointed by the Institute of Medicine shall include the following: (A) Academics. (B) Practicing physicians. (C) Representatives of the following: (i) Hospitals. (ii) Drug companies. (iii) Device companies. (iv) Health care insurers, including State medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (v) Employers or employer groups with a history of supporting health care quality initiatives. (vi) Patient advocacy groups. (vii) Professional societies. (viii) Health foundations. (4) Majority of members \nA majority of the members of the Consortium shall be appointed by the Institute of Medicine under paragraph (3). (c) Duties \nThe Consortium shall— (1) establish research priorities under subsection (d); and (2) carry out section 205 (relating to standardized measures of health care provider performance). (d) Research priorities \n(1) Establishment \nOn an annual basis, the Consortium shall establish priorities for research conducted or supported by the Agency for Healthcare Research and Quality under section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 299b–7 ) (relating to the effectiveness and efficiency of health care items and services). (2) Consideration \nIn establishing research priorities under subsection (c)(1), the Consortium shall take into consideration— (A) the extent to which health care items and services— (i) impact large numbers of people; or (ii) impose high health care costs; and (B) the extent of the need for data with respect to diseases or conditions affected by those health care items and services. (3) Transparency \nIn carrying out this section, the Consortium shall ensure that research priorities are established in a manner that is publicly transparent.", "id": "HEAEEA89C8244425E88574DE090F2CFE8", "header": "Consortium for Health Outcomes Research Priorities", "nested": [ { "text": "(a) Establishment \nThe Director of the Agency for Healthcare Research and Quality shall enter into an agreement with the Institute of Medicine to establish the Consortium for Health Outcomes Research Priorities.", "id": "H4C0F5D53A09B4FBAAB00003972527EC2", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Members \n(1) In general \nThe Consortium shall be composed of the ex officio members listed in paragraph (2) and the members appointed by the Institute of Medicine under paragraph (3). (2) Ex officio members \nThe ex officio members of the Consortium shall include the following: (A) The Administrator of the Centers for Medicare and Medicaid Services. (B) The Commissioner of Food and Drugs. (C) The Director of the Agency for Healthcare Research and Quality. (D) The Director of the Centers for Disease Control and Prevention. (E) The Director of the Indian Health Service. (F) The Director of the National Institutes of Health. (G) The Assistant Secretary of Defense for Health Affairs. (H) The Under Secretary for Health, Department of Veterans Affairs. (3) Appointed members \nThe members of the Consortium appointed by the Institute of Medicine shall include the following: (A) Academics. (B) Practicing physicians. (C) Representatives of the following: (i) Hospitals. (ii) Drug companies. (iii) Device companies. (iv) Health care insurers, including State medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (v) Employers or employer groups with a history of supporting health care quality initiatives. (vi) Patient advocacy groups. (vii) Professional societies. (viii) Health foundations. (4) Majority of members \nA majority of the members of the Consortium shall be appointed by the Institute of Medicine under paragraph (3).", "id": "HF23B6A3A5B6A4160A673A082B70049D", "header": "Members", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(c) Duties \nThe Consortium shall— (1) establish research priorities under subsection (d); and (2) carry out section 205 (relating to standardized measures of health care provider performance).", "id": "H3B4F7A14848E4E3197D75DF09488F770", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Research priorities \n(1) Establishment \nOn an annual basis, the Consortium shall establish priorities for research conducted or supported by the Agency for Healthcare Research and Quality under section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 42 U.S.C. 299b–7 ) (relating to the effectiveness and efficiency of health care items and services). (2) Consideration \nIn establishing research priorities under subsection (c)(1), the Consortium shall take into consideration— (A) the extent to which health care items and services— (i) impact large numbers of people; or (ii) impose high health care costs; and (B) the extent of the need for data with respect to diseases or conditions affected by those health care items and services. (3) Transparency \nIn carrying out this section, the Consortium shall ensure that research priorities are established in a manner that is publicly transparent.", "id": "HD88D0FB1E16543F4AA1C611B4DCC90C4", "header": "Research priorities", "nested": [], "links": [ { "text": "42 U.S.C. 299b–7", "legal-doc": "usc", "parsable-cite": "usc/42/299b-7" } ] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 299b–7", "legal-doc": "usc", "parsable-cite": "usc/42/299b-7" } ] }, { "text": "203. Center for Clinical Decision-Support Technology \n(a) Establishment \nThe Director, in collaboration with the National Library of Medicine, shall establish and support by grant or contract a Center for Clinical Decision-Support Technology to enable health care providers across the United States to more efficiently and rapidly embed knowledge-based elements in their clinical information systems. (b) Duties \nThe Center for Clinical Decision-Support Technology shall— (1) design and develop new approaches to knowledge organization, modeling, and decision support; (2) develop standards and promote existing standards for guideline models, standard data sets, vocabularies, and interfaces among components of the decision-support system; (3) build tools to facilitate the encoding of medical knowledge in a structured form to enable such knowledge to be used in patient-specific decision support, associated with other relevant evidence, updated and maintained, and adapted to local systems and environments; (4) define and regularly update methods to determine the effectiveness of such tools, including the appropriateness of the knowledge, the ease of adaptation to local environments, and the success of the intended application in achieving specific goals; (5) generalize or abstract the features of specific applications in the systems of the affiliated health care delivery organizations that have been found to be successful, but for which sharing and dissemination are not easily achieved, due to system-specific designs; and (6) explore optimal interface approaches to access and use of knowledge resources for health care providers and consumers. (c) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H3CAFDD4A68BA47E087B8B71241BED1BD", "header": "Center for Clinical Decision-Support Technology", "nested": [ { "text": "(a) Establishment \nThe Director, in collaboration with the National Library of Medicine, shall establish and support by grant or contract a Center for Clinical Decision-Support Technology to enable health care providers across the United States to more efficiently and rapidly embed knowledge-based elements in their clinical information systems.", "id": "HB508994AB6F54D9F8F9133AB78FF1E38", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Center for Clinical Decision-Support Technology shall— (1) design and develop new approaches to knowledge organization, modeling, and decision support; (2) develop standards and promote existing standards for guideline models, standard data sets, vocabularies, and interfaces among components of the decision-support system; (3) build tools to facilitate the encoding of medical knowledge in a structured form to enable such knowledge to be used in patient-specific decision support, associated with other relevant evidence, updated and maintained, and adapted to local systems and environments; (4) define and regularly update methods to determine the effectiveness of such tools, including the appropriateness of the knowledge, the ease of adaptation to local environments, and the success of the intended application in achieving specific goals; (5) generalize or abstract the features of specific applications in the systems of the affiliated health care delivery organizations that have been found to be successful, but for which sharing and dissemination are not easily achieved, due to system-specific designs; and (6) explore optimal interface approaches to access and use of knowledge resources for health care providers and consumers.", "id": "H2CA91360B8A34B8E81F5267DA5E599BB", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H8F697320C0DB4DBEA48C29AF2573AF1E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Scholarships for study in health care quality and patient safety \n(a) Purposes \nThe purposes of this section are to improve health care quality and patient safety and to achieve a corresponding reduction in health care costs by providing scholarships to future health care leaders for study in the fields of health care quality and patient safety. (b) Scholarships \nFor the purposes described in subsection (a), the Director may make grants to eligible institutions for the awarding of scholarships to physicians, nurses, other health care personnel, and administrators to enable such individuals to obtain a master’s degree or a doctoral degree in the field of health care quality and patient safety. (c) Priority \nA condition on the receipt of a grant under this section is that the eligible institution, in awarding scholarships, will give priority to applicants whose studies will focus on— (1) measuring, monitoring, and improving the clinical and financial performance of health care service organizations; or (2) providing leadership for organizational change within the health care system. (d) Use of scholarships \nA scholarship under this section may be used to pay the costs of all reasonable educational expenses, including tuition, fees, and books, and such stipends as the Director determines to be appropriate. (e) Flexibility \nA condition on the receipt of a grant under this section is that the eligible institution will offer flexibility to scholarship recipients who desire to continue clinical practice while pursuing a course of study, including by allowing such recipients to pursue a course of study on a part-time basis. (f) Definition \nIn this section: (1) The terms accredited and school of public health have the meanings given to those terms in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ). (2) The term eligible institution means an accredited school of public health offering a master’s degree or a doctoral degree in the field of health care quality and patient safety with a curriculum that— (A) is interdisciplinary; (B) includes coursework and training in— (i) health services research; (ii) health care quality; (iii) decision analysis; (iv) cost-benefit and cost-effectiveness analysis; and (v) management skills and leadership; and (C) includes fieldwork in a health care facility. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H349062CED086422283B9982BD44D4270", "header": "Scholarships for study in health care quality and patient safety", "nested": [ { "text": "(a) Purposes \nThe purposes of this section are to improve health care quality and patient safety and to achieve a corresponding reduction in health care costs by providing scholarships to future health care leaders for study in the fields of health care quality and patient safety.", "id": "HF6F5D186988748EEA9F74FEFF84B72D0", "header": "Purposes", "nested": [], "links": [] }, { "text": "(b) Scholarships \nFor the purposes described in subsection (a), the Director may make grants to eligible institutions for the awarding of scholarships to physicians, nurses, other health care personnel, and administrators to enable such individuals to obtain a master’s degree or a doctoral degree in the field of health care quality and patient safety.", "id": "H4DB764E9607942AC88781EBCF0528635", "header": "Scholarships", "nested": [], "links": [] }, { "text": "(c) Priority \nA condition on the receipt of a grant under this section is that the eligible institution, in awarding scholarships, will give priority to applicants whose studies will focus on— (1) measuring, monitoring, and improving the clinical and financial performance of health care service organizations; or (2) providing leadership for organizational change within the health care system.", "id": "H4821C13419EC4086AA4383258B4B6340", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Use of scholarships \nA scholarship under this section may be used to pay the costs of all reasonable educational expenses, including tuition, fees, and books, and such stipends as the Director determines to be appropriate.", "id": "H7C8CE5DFF72B4542A26885457CFE6EEF", "header": "Use of scholarships", "nested": [], "links": [] }, { "text": "(e) Flexibility \nA condition on the receipt of a grant under this section is that the eligible institution will offer flexibility to scholarship recipients who desire to continue clinical practice while pursuing a course of study, including by allowing such recipients to pursue a course of study on a part-time basis.", "id": "H16EE2F2A45DA437DBF1DF9D7B44B6699", "header": "Flexibility", "nested": [], "links": [] }, { "text": "(f) Definition \nIn this section: (1) The terms accredited and school of public health have the meanings given to those terms in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ). (2) The term eligible institution means an accredited school of public health offering a master’s degree or a doctoral degree in the field of health care quality and patient safety with a curriculum that— (A) is interdisciplinary; (B) includes coursework and training in— (i) health services research; (ii) health care quality; (iii) decision analysis; (iv) cost-benefit and cost-effectiveness analysis; and (v) management skills and leadership; and (C) includes fieldwork in a health care facility.", "id": "H7DC2D605A589443084D39060000F377", "header": "Definition", "nested": [], "links": [ { "text": "42 U.S.C. 295p", "legal-doc": "usc", "parsable-cite": "usc/42/295p" } ] }, { "text": "(g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2005 and such sums as may be necessary for each subsequent fiscal year.", "id": "H5A685EA3C5EF4E7587D70078EA8E048B", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 295p", "legal-doc": "usc", "parsable-cite": "usc/42/295p" } ] }, { "text": "205. Standardized measures of health care provider performance \n(a) Priorities \nNot later than 1 year after the date of the enactment of this Act, the Consortium shall identify priorities for developing, updating, and endorsing standardized measures of health care provider performance under this section. Such priorities shall— (1) first be developed for each of the 20 priority areas for improvement in health care quality specified in the report by the Institute of Medicine entitled Priority Areas for National Action: Transforming Health Care Quality ; (2) include priorities for measures of health care provider performance based on adherence to evidence-based medicine, patient outcomes, efficiency, and patient satisfaction; (3) include priorities for measures specific to a range of practice settings, including individual doctors and small physician groups; (4) emphasize the development of reliable, risk-adjusted outcome measures; and (5) be updated on an annual basis. (b) Development \nThe Director shall enter into agreements with medical specialty societies, private accrediting organizations, and other appropriate organizations to develop and update measures of health care provider performance in accordance with the priorities identified under subsection (a). (c) Endorsement \n(1) In general \nThe Director shall enter into an agreement with the National Quality Forum for the endorsement by such entity of standardized measures of health care provider performance. (2) Requirements \nThe agreement entered into under this subsection shall require the National Quality Forum— (A) to endorse standardized measures of health care provider performance for each of the 20 priority areas described in subsection (a)(1); (B) to endorse other such measures over time consistent with the priorities identified under subsection (a); and (C) to recommend aggregate measures of health care provider performance to create simplified comparisons of health care provider performance.", "id": "H2CCA65012E4C4B0AAD62C74D311E1B19", "header": "Standardized measures of health care provider performance", "nested": [ { "text": "(a) Priorities \nNot later than 1 year after the date of the enactment of this Act, the Consortium shall identify priorities for developing, updating, and endorsing standardized measures of health care provider performance under this section. Such priorities shall— (1) first be developed for each of the 20 priority areas for improvement in health care quality specified in the report by the Institute of Medicine entitled Priority Areas for National Action: Transforming Health Care Quality ; (2) include priorities for measures of health care provider performance based on adherence to evidence-based medicine, patient outcomes, efficiency, and patient satisfaction; (3) include priorities for measures specific to a range of practice settings, including individual doctors and small physician groups; (4) emphasize the development of reliable, risk-adjusted outcome measures; and (5) be updated on an annual basis.", "id": "H3739929828634508A4B159484F6CC0D7", "header": "Priorities", "nested": [], "links": [] }, { "text": "(b) Development \nThe Director shall enter into agreements with medical specialty societies, private accrediting organizations, and other appropriate organizations to develop and update measures of health care provider performance in accordance with the priorities identified under subsection (a).", "id": "H0514F3AA19DB432E92747752FA5FC67C", "header": "Development", "nested": [], "links": [] }, { "text": "(c) Endorsement \n(1) In general \nThe Director shall enter into an agreement with the National Quality Forum for the endorsement by such entity of standardized measures of health care provider performance. (2) Requirements \nThe agreement entered into under this subsection shall require the National Quality Forum— (A) to endorse standardized measures of health care provider performance for each of the 20 priority areas described in subsection (a)(1); (B) to endorse other such measures over time consistent with the priorities identified under subsection (a); and (C) to recommend aggregate measures of health care provider performance to create simplified comparisons of health care provider performance.", "id": "H7D1339F9907B4AEC905D1E4679A64BD", "header": "Endorsement", "nested": [], "links": [] } ], "links": [] }, { "text": "206. Definitions \nIn this title: (1) The term Consortium means the Consortium for Health Outcomes Research Priorities established under section 202. (2) The term Director means the Director of the Agency for Healthcare Research and Quality.", "id": "H4146681334AF41460021DAF2398707D", "header": "Definitions", "nested": [], "links": [] }, { "text": "301. Access to medicare health care claims databases \n(a) Access by health plans \n(1) In general \nThe Center for Medicare and Medicaid Services shall make available to a group health plan, that meets the condition under paragraph (2), all data in the possession of the Secretary with respect to the most recent claims submitted to the Secretary for items and services furnished to medicare beneficiaries for which payment is made under title XVIII of the Social Security Act. (2) Condition of access \nThe condition referred to in paragraph (1) for a group health plan to have access to data under that paragraph is that the group health plan contribute claims-based health care provider performance data to the health care provider performance database established under section 303. (b) Privacy protections \n(1) In general \nA request under subsection (a) is subject to the provisions of the Health Insurance Portability and Accountability Act and the Privacy Act. (2) Specific protections \n(A) Encryption \nThe Secretary shall ensure that any identification number of a beneficiary to which a claim relates is encrypted in a consistent fashion in order to access data with respect to that beneficiary for claims for items and services under each applicable part of title XVIII. (B) Deletion of personal identifying information \nThe Secretary shall ensure that the data omits the name, date of birth, street address and the last two applicable postal codes of each of the beneficiaries. (3) Exclusion of certain data \nIn the case of a provider of services or a supplier that submits a low volume of claims to the Secretary for items or services furnished to medicare beneficiaries, or in the case of certain rare medical conditions or treatments, the Secretary may exclude data with respect to such claims, conditions, or treatment from a request under subsection (a) in order to protect patient privacy. (c) Form of request \nRequests under subsection (a) shall require such information, and be in such form, as the Secretary determines appropriate. Such a request shall include the applicable period and areas for which such claims data is requested. (d) Fee \nThe Secretary may require the payment of a fee by each group health plan that submits a request under subsection (a) to offset administrative costs incurred by the Secretary in carrying out this section. (e) Authority to contract \nIf the Secretary determines that data could be made available more promptly, the Secretary may enter into arrangements with private entities to merge data for claims under each part of title XVIII of the Social Security Act. The Secretary shall ensure that a unique encryption applies to each beneficiary encryption.", "id": "HA13C5C8C2564464D95F68E7C8DA74261", "header": "Access to medicare health care claims databases", "nested": [ { "text": "(a) Access by health plans \n(1) In general \nThe Center for Medicare and Medicaid Services shall make available to a group health plan, that meets the condition under paragraph (2), all data in the possession of the Secretary with respect to the most recent claims submitted to the Secretary for items and services furnished to medicare beneficiaries for which payment is made under title XVIII of the Social Security Act. (2) Condition of access \nThe condition referred to in paragraph (1) for a group health plan to have access to data under that paragraph is that the group health plan contribute claims-based health care provider performance data to the health care provider performance database established under section 303.", "id": "H8FCCCFAC31BC43DAA035FF0084D9D859", "header": "Access by health plans", "nested": [], "links": [] }, { "text": "(b) Privacy protections \n(1) In general \nA request under subsection (a) is subject to the provisions of the Health Insurance Portability and Accountability Act and the Privacy Act. (2) Specific protections \n(A) Encryption \nThe Secretary shall ensure that any identification number of a beneficiary to which a claim relates is encrypted in a consistent fashion in order to access data with respect to that beneficiary for claims for items and services under each applicable part of title XVIII. (B) Deletion of personal identifying information \nThe Secretary shall ensure that the data omits the name, date of birth, street address and the last two applicable postal codes of each of the beneficiaries. (3) Exclusion of certain data \nIn the case of a provider of services or a supplier that submits a low volume of claims to the Secretary for items or services furnished to medicare beneficiaries, or in the case of certain rare medical conditions or treatments, the Secretary may exclude data with respect to such claims, conditions, or treatment from a request under subsection (a) in order to protect patient privacy.", "id": "H4252690D7ADF402EAC2E70399B9D3369", "header": "Privacy protections", "nested": [], "links": [] }, { "text": "(c) Form of request \nRequests under subsection (a) shall require such information, and be in such form, as the Secretary determines appropriate. Such a request shall include the applicable period and areas for which such claims data is requested.", "id": "H17B8468F2E8543FF9503C7146869D3DE", "header": "Form of request", "nested": [], "links": [] }, { "text": "(d) Fee \nThe Secretary may require the payment of a fee by each group health plan that submits a request under subsection (a) to offset administrative costs incurred by the Secretary in carrying out this section.", "id": "H658A175546A64E239276FDE09DBEBD5B", "header": "Fee", "nested": [], "links": [] }, { "text": "(e) Authority to contract \nIf the Secretary determines that data could be made available more promptly, the Secretary may enter into arrangements with private entities to merge data for claims under each part of title XVIII of the Social Security Act. The Secretary shall ensure that a unique encryption applies to each beneficiary encryption.", "id": "HA8C5FD1D9AF14F2D00917D01B5CF1D52", "header": "Authority to contract", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Incorporation of measures of health care practitioner performance in Federal programs \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Director of the Indian Health Service shall incorporate, to the extent practicable, measures of health care practitioner performance endorsed by the National Quality Forum into the health care programs of the Department of Defense, the Department of Health and Human Services, the Department of Veterans Affairs, and the Indian Health Service, respectively for the purpose of improving program quality and efficiency. (b) Report to Congress \nNot later than 18 months after the date of the enactment of this Act, each Federal official specified in subsection (a) shall submit a report to the Congress on the results of the official’s activities under this section.", "id": "H87FABF7AD487465BB5F00072D5891596", "header": "Incorporation of measures of health care practitioner performance in Federal programs", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Director of the Indian Health Service shall incorporate, to the extent practicable, measures of health care practitioner performance endorsed by the National Quality Forum into the health care programs of the Department of Defense, the Department of Health and Human Services, the Department of Veterans Affairs, and the Indian Health Service, respectively for the purpose of improving program quality and efficiency.", "id": "H0C25DE5475F34C269B7F342638B8F2F7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 18 months after the date of the enactment of this Act, each Federal official specified in subsection (a) shall submit a report to the Congress on the results of the official’s activities under this section.", "id": "H615B712D7F5B42F499D0D74F394476A6", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "303. Interim claims-based practitioner performance database \n(a) In general \nNot later than the date that is 18 months after the date of the enactment of this Act, the Secretary shall establish a claims-based practitioner performance database that comprises de-indentified claims data under the medicare program under title XVIII of the Social Security Act and claims data from any group health plan that voluntarily submits de-identified health care claims data to the Secretary for such purpose. (b) Requirement for participation by FEHB plans \nThe Director of the Office of Personnel Management shall require, as a condition under chapter 89 of title 5, United States Code, that each plan under contract with the Director under such chapter submit de-identified claims data to practitioner performance database. (c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals. (d) Privacy protections \nThe Secretary shall ensure that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address and the last two applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted. (e) Requirement for submission of data by all group health plans \nNot later than four years after the date referred to in subsection (a), each group health plan shall contribute de-indentified claims data necessary for performance measurement to the practitioner performance database established under subsection (a). As soon as practicable, the Secretary shall make available annual performance measures to the public. (f) Termination \nBeginning on the date that is 10 years after the date referred to in subsection (a), the Secretary shall discontinue the collection of data under this section.", "id": "H07E18837892345A9AEB76185C7C48900", "header": "Interim claims-based practitioner performance database", "nested": [ { "text": "(a) In general \nNot later than the date that is 18 months after the date of the enactment of this Act, the Secretary shall establish a claims-based practitioner performance database that comprises de-indentified claims data under the medicare program under title XVIII of the Social Security Act and claims data from any group health plan that voluntarily submits de-identified health care claims data to the Secretary for such purpose.", "id": "H02A220BC6306458FBBB29C2E5007464B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement for participation by FEHB plans \nThe Director of the Office of Personnel Management shall require, as a condition under chapter 89 of title 5, United States Code, that each plan under contract with the Director under such chapter submit de-identified claims data to practitioner performance database.", "id": "H39E83971C4D946A49025D692835895A2", "header": "Requirement for participation by FEHB plans", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals.", "id": "HEBE62BFE18D6462D9693EBB4D3002081", "header": "Performance measurements", "nested": [], "links": [] }, { "text": "(d) Privacy protections \nThe Secretary shall ensure that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address and the last two applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted.", "id": "HD7D04C07DED94987B2B02DF92C768D57", "header": "Privacy protections", "nested": [], "links": [] }, { "text": "(e) Requirement for submission of data by all group health plans \nNot later than four years after the date referred to in subsection (a), each group health plan shall contribute de-indentified claims data necessary for performance measurement to the practitioner performance database established under subsection (a). As soon as practicable, the Secretary shall make available annual performance measures to the public.", "id": "HF0A219CED15D49A19BFABA42F40111A2", "header": "Requirement for submission of data by all group health plans", "nested": [], "links": [] }, { "text": "(f) Termination \nBeginning on the date that is 10 years after the date referred to in subsection (a), the Secretary shall discontinue the collection of data under this section.", "id": "H951704D4385E4F0AADA8F6668F7DCE5", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "304. Clinical-based practitioner performance database \n(a) Establishment \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall establish a practitioner performance database that comprises data from any health care practitioner that voluntarily submits de-indentified health care data to the Secretary for such purpose. (b) Privacy protections \nThe Secretary shall require health care practitioners to encrypt or omit all individually identifiable patient information from data submitted to the Secretary under this section, including by ensuring that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address, and the last 2 applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted. (c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals. (d) Certain practitioners \nAs a condition on any grant or subgrant awarded to a health information infrastructure organization under section 102, the Secretary shall require the organization to agree that the organization will not allow any health care practitioner to participate in a health information exchange established or implemented with the grant unless the practitioner submits claims data to the Secretary in accordance with this section.", "id": "H5F678DE54417483F8CB614F71EB35190", "header": "Clinical-based practitioner performance database", "nested": [ { "text": "(a) Establishment \nNot later than 18 months after the date of the enactment of this Act, the Secretary shall establish a practitioner performance database that comprises data from any health care practitioner that voluntarily submits de-indentified health care data to the Secretary for such purpose.", "id": "HE81B8E4508C343A2BE610901A746105", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Privacy protections \nThe Secretary shall require health care practitioners to encrypt or omit all individually identifiable patient information from data submitted to the Secretary under this section, including by ensuring that— (1) any patient identifier is encrypted or omitted in a consistent fashion; (2) the data omits the name, date of birth, street address, and the last 2 applicable postal codes of each patient; and (3) the amount of the charge for services furnished is omitted.", "id": "H09D231F1466540F49843CF66E49733AE", "header": "Privacy protections", "nested": [], "links": [] }, { "text": "(c) Performance measurements \nNot later than 1 year after the date specified in subsection (a), and not less frequently than annually thereafter, the Secretary, from data in the database established under this section, shall prepare practitioner performance measurements. Such measurements shall— (1) be based on performance measures endorsed by the National Quality Forum; (2) measure— (A) the performance of individual physicians, physician groups (if any), and hospitals; or (B) if records are not available for measuring such performance, the performance of the smallest practitioner unit for which records are available; and (3) be presented in such manner as the Secretary determines will accurately and clearly represent the comparative performance quality and efficiency of physicians, physician groups, and hospitals.", "id": "HEDF91DB3C71F450CBC94124D215076CE", "header": "Performance measurements", "nested": [], "links": [] }, { "text": "(d) Certain practitioners \nAs a condition on any grant or subgrant awarded to a health information infrastructure organization under section 102, the Secretary shall require the organization to agree that the organization will not allow any health care practitioner to participate in a health information exchange established or implemented with the grant unless the practitioner submits claims data to the Secretary in accordance with this section.", "id": "H49A19220E2D34B1A9748003E387619F", "header": "Certain practitioners", "nested": [], "links": [] } ], "links": [] }, { "text": "305. Availability of performance measurements and data \n(a) Performance measures \nThe Secretary shall make publicly available the practitioner performance measurements prepared under sections 303 and 304. (b) Data \nThe Secretary shall restrict access to the data in the databases under sections 303 and 304 to individuals requesting such information in connection with research conducted or supported by the Agency for Healthcare Research and Quality.", "id": "H3A35A7FCD69443CCA2718449A688C132", "header": "Availability of performance measurements and data", "nested": [ { "text": "(a) Performance measures \nThe Secretary shall make publicly available the practitioner performance measurements prepared under sections 303 and 304.", "id": "H4115E33659DD4AB09F57BF00B48C12A4", "header": "Performance measures", "nested": [], "links": [] }, { "text": "(b) Data \nThe Secretary shall restrict access to the data in the databases under sections 303 and 304 to individuals requesting such information in connection with research conducted or supported by the Agency for Healthcare Research and Quality.", "id": "HE56F914B3B1E4149839222837FB56BA4", "header": "Data", "nested": [], "links": [] } ], "links": [] }, { "text": "306. Use of health care provider performances measure for pay for performance \n(a) In general \nThe Secretary may provide for adjustments to payment systems under title XVIII of the Social Security Act based on performance measurements of physicians, physician groups, and institutional providers of services. Insofar as the Secretary exercises the authority under the preceding sentence, in the case of providers with both claims-based and clinical-based measurements, the Secretary shall use the clinical-based measurements for any pay-for-performance unless the provider elects to use claims-based measurements. In no case may an election under the preceding sentence be in effect after the date that is 6 years after the date of the enactment of this Act. (b) MedPAC recommendations \nThe Medicare Payment Advisory Commission shall include in the March 2007 report to Congress, and annually thereafter, specific recommendations for the amount of adjustments to payment systems and beneficiary cost-sharing under title XVIII of the Social Security Act based on performance measurements in order to share savings under such title attributable to quality improvement with practitioners, to create incentives for better practitioner performance, and shift medicare beneficiary caseload to higher quality, more efficient practitioners. (c) Sense of Congress \nIt is the sense of the Congress that the Director of the Office of Personnel Management should encourage plans with contracts under chapter 89 of title 5, United States Code, to include differential payments, differential cost-sharing, or both based on HHS practitioner performance measurements under section 303.", "id": "H07D47F43CC334D42B0D1D000C73899C8", "header": "Use of health care provider performances measure for pay for performance", "nested": [ { "text": "(a) In general \nThe Secretary may provide for adjustments to payment systems under title XVIII of the Social Security Act based on performance measurements of physicians, physician groups, and institutional providers of services. Insofar as the Secretary exercises the authority under the preceding sentence, in the case of providers with both claims-based and clinical-based measurements, the Secretary shall use the clinical-based measurements for any pay-for-performance unless the provider elects to use claims-based measurements. In no case may an election under the preceding sentence be in effect after the date that is 6 years after the date of the enactment of this Act.", "id": "H6E6BB3D5880D4AA19BB42DB26318C300", "header": "In general", "nested": [], "links": [] }, { "text": "(b) MedPAC recommendations \nThe Medicare Payment Advisory Commission shall include in the March 2007 report to Congress, and annually thereafter, specific recommendations for the amount of adjustments to payment systems and beneficiary cost-sharing under title XVIII of the Social Security Act based on performance measurements in order to share savings under such title attributable to quality improvement with practitioners, to create incentives for better practitioner performance, and shift medicare beneficiary caseload to higher quality, more efficient practitioners.", "id": "H65399C5782DE449F9445DEB92B66482C", "header": "MedPAC recommendations", "nested": [], "links": [] }, { "text": "(c) Sense of Congress \nIt is the sense of the Congress that the Director of the Office of Personnel Management should encourage plans with contracts under chapter 89 of title 5, United States Code, to include differential payments, differential cost-sharing, or both based on HHS practitioner performance measurements under section 303.", "id": "H9ABB188E237E4CA4A8CBC900612C5DDF", "header": "Sense of Congress", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "307. Study comparing practitioner performance database \nNot later than 54 months after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall— (1) conduct a study to compare the interim claims-based practitioner performance database established under section 303 with the clinical-based practitioner performance database established under section 304, including by assessing the scope, cause, and import of any differences between the 2 databases in practitioner performance measurement; and (2) submit a report to the Congress on the results of the study.", "id": "HDC805CC758DC4B0E8DF0D366CC44AFC", "header": "Study comparing practitioner performance database", "nested": [], "links": [] }, { "text": "308. Regulations on auditing \nThe Secretary shall establish regulations governing the audit of group health plans that submit data under section 303 and health care practitioners that submit data under section 304 for compliance with such sections.", "id": "HCC992A514CB34C33B2CD5750114961B0", "header": "Regulations on auditing", "nested": [], "links": [] }, { "text": "309. AHRQ access to practitioner performance databases \nThe Director of the Agency for Healthcare Research and Quality shall have access to the data in the databases established under sections 303 and 304 for health outcomes research, including research conducted internally or by external researchers.", "id": "HEB73C92B820B450E8BF74B535E66F1C1", "header": "AHRQ access to practitioner performance databases", "nested": [], "links": [] } ]

[ "Accreditation (Medical care)", "Administrative fees", "Administrative procedure", "Armed Forces and National Security", "Auditing", "Authorization", "Biological warfare", "Civil Rights and Liberties, Minority Issues", "Coinsurance", "Commerce", "Communication in medicine", "Community health services", "Computer software", "Computers", "Conflict of interests", "Congress", "Congressional reporting requirements", "Cost effectiveness", "Crime and Law Enforcement", "Data banks", "Department of Defense", "Department of Health and Human Services", "Department of Veterans Affairs", "Economics and Public Finance", "Education", "Electronic data interchange", "Employee health benefits", "Encryption", "Epidemiology", "Executive reorganization", "Federal advisory bodies", "Federal aid to education", "Federal aid to health facilities", "Federal aid to research", "Federal employees", "Government Operations and Politics", "Government employees' health insurance", "Government lending", "Government paperwork", "Government publicity", "Governmental investigations", "Graduate education", "Grants-in-aid", "Group medical practice", "Health care industry", "Health information systems", "Health maintenance organizations", "Health planning", "Health surveys", "Higher education", "Hospital rates", "Hospitals", "Identification devices", "Information technology", "Intergovernmental fiscal relations", "Labor and Employment", "Law", "Managed care", "Medicaid", "Medical education", "Medical ethics", "Medical fees", "Medical laboratories", "Medical records", "Medical research", "Medical statistics", "Medical technology", "Medicare", "Military medicine", "Nursing education", "Nursing homes", "Patient satisfaction", "Patients' rights", "Performance measurement", "Pharmacies", "Physicians", "Public health", "Quality of care", "Research grants", "Restrictive trade practices", "Right of privacy", "Scholarships", "Science, Technology, Communications", "Social Welfare", "Standards", "Terrorism", "Veterans' medical care" ]

[ { "text": "1. Designation of community center, McConnell Air Force Base, Kansas, in honor of Robert J. Dole \nThe community center at McConnell Air Force Base, Kansas, known as Emerald City , shall be known and designated as the Robert J. Dole Community Center in honor of World War II veteran and former United States Representative and Senator Robert J. Dole. Any reference to that community center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Robert J. Dole Community Center.", "id": "H61802CB3FB8A4413AFC1C02474634E81", "header": "Designation of community center, McConnell Air Force Base, Kansas, in honor of Robert J. Dole", "nested": [], "links": [] } ]

[ "Air force", "Armed Forces and National Security", "Community centers", "Congress", "Congressional tributes", "Ex-Members of Congress", "History", "House of Representatives", "Kansas", "Military bases", "Names", "Senate", "World War II" ]

[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4FBFCFD6467746DB957E5B222C8D89A5", "header": "Short title", "nested": [ { "text": "This Act may be cited as the.", "id": "H3C5FD4E344A048ABB097FEA9606000D2", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "2. Assistance for hiring and retention of nurses at State veterans homes \n(a) In general \n(1) Chapter 17 of title 38, is amended by inserting after section 1743 the following new section: 1744. Hiring and retention of nurses: payments to assist States \n(a) Payment program \nThe Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. (b) Eligible recipients \nPayments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year— (1) receives per diem payments under this subchapter for that fiscal year; and (2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. (c) Use of funds received \nA State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. (d) Limitations on amount of payment \n(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. (2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. (e) Applications \nA payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. (f) Source of funds \nPayments under this section shall be made from funds available for other payments under this subchapter. (g) Disbursement \nPayments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. (h) Use of certain receipts \nThe Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. (i) Annual report from payment recipients \nAny State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. (j) Regulations \nThe Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: 1744. Hiring and retention of nurses: payments to assist States. (b) Implementation \nThe Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.", "id": "H65670379B30C40069393502424F7AEA1", "header": "Assistance for hiring and retention of nurses at State veterans homes", "nested": [ { "text": "(a) In general \n(1) Chapter 17 of title 38, is amended by inserting after section 1743 the following new section: 1744. Hiring and retention of nurses: payments to assist States \n(a) Payment program \nThe Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. (b) Eligible recipients \nPayments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year— (1) receives per diem payments under this subchapter for that fiscal year; and (2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. (c) Use of funds received \nA State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. (d) Limitations on amount of payment \n(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. (2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. (e) Applications \nA payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. (f) Source of funds \nPayments under this section shall be made from funds available for other payments under this subchapter. (g) Disbursement \nPayments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. (h) Use of certain receipts \nThe Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. (i) Annual report from payment recipients \nAny State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. (j) Regulations \nThe Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.. (2) The table of sections at the beginning of such chapter is amended by inserting after section 1743 the following new item: 1744. Hiring and retention of nurses: payments to assist States.", "id": "H744DE7ED80C9476381918534D994FAAC", "header": "In general", "nested": [], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1743", "legal-doc": "usc", "parsable-cite": "usc/38/1743" } ] }, { "text": "(b) Implementation \nThe Secretary of Veterans Affairs shall implement section 1744 of title 38, United States Code, as added by subsection (a), as expeditiously as possible. The Secretary shall establish such interim procedures as necessary so as to ensure that payments are made to eligible States under that section commencing not later than January 1, 2005, notwithstanding that regulations under subsection (j) of that section may not have become final.", "id": "H37773836FA0249C8852BB388176798F7", "header": "Implementation", "nested": [], "links": [ { "text": "section 1744", "legal-doc": "usc", "parsable-cite": "usc/38/1744" } ] } ], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1743", "legal-doc": "usc", "parsable-cite": "usc/38/1743" }, { "text": "section 1744", "legal-doc": "usc", "parsable-cite": "usc/38/1744" } ] }, { "text": "1744. Hiring and retention of nurses: payments to assist States \n(a) Payment program \nThe Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. (b) Eligible recipients \nPayments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year— (1) receives per diem payments under this subchapter for that fiscal year; and (2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home. (c) Use of funds received \nA State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation. (d) Limitations on amount of payment \n(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. (2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year. (e) Applications \nA payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought. (f) Source of funds \nPayments under this section shall be made from funds available for other payments under this subchapter. (g) Disbursement \nPayments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. (h) Use of certain receipts \nThe Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source. (i) Annual report from payment recipients \nAny State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection. (j) Regulations \nThe Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.", "id": "H672499FA606A4FBBA1B3EE29770055BB", "header": "Hiring and retention of nurses: payments to assist States", "nested": [ { "text": "(a) Payment program \nThe Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes.", "id": "HCCB0B843A3EA439AA484969300F23D25", "header": "Payment program", "nested": [], "links": [] }, { "text": "(b) Eligible recipients \nPayments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that year— (1) receives per diem payments under this subchapter for that fiscal year; and (2) has in effect an employee incentive scholarship program or other employee incentive program at a State home designed to promote the hiring and retention of nursing staff and to reduce nursing shortages at that home.", "id": "H0D77F8109B2C402FAD30365400F43DF2", "header": "Eligible recipients", "nested": [], "links": [] }, { "text": "(c) Use of funds received \nA State may use an amount received under this section only to provide funds for a program described in subsection (b)(2). Any program shall meet such criteria as the Secretary may prescribe. In prescribing such criteria, the Secretary shall take into consideration the need for flexibility and innovation.", "id": "HF19119C41DF3450E97FC528DEDFD6AE", "header": "Use of funds received", "nested": [], "links": [] }, { "text": "(d) Limitations on amount of payment \n(1) A payment under this section may not be used to provide more than 50 percent of the costs for a fiscal year of the employee incentive scholarship or other incentive program for which the payment is made. (2) The amount of the payment to a State under this section for any fiscal year is, for each State home in that State with a program described in subsection (b)(2), the amount equal to 2 percent of the amount of payments estimated to be made to that State, for that State home, under section 1741 of this title for that fiscal year.", "id": "H35185F41DDCC4A8BBB792580103E104B", "header": "Limitations on amount of payment", "nested": [], "links": [] }, { "text": "(e) Applications \nA payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the nursing shortage at the State home and the employee incentive scholarship program or other incentive program described in subsection (c) for which the payment is sought.", "id": "H758A20C69DA74A6C944BB71B107FFB85", "header": "Applications", "nested": [], "links": [] }, { "text": "(f) Source of funds \nPayments under this section shall be made from funds available for other payments under this subchapter.", "id": "H87F8171883554364A1CB64DA7BF20993", "header": "Source of funds", "nested": [], "links": [] }, { "text": "(g) Disbursement \nPayments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home.", "id": "H2E0E20A3D36E464DA500B5BB3800C3E", "header": "Disbursement", "nested": [], "links": [] }, { "text": "(h) Use of certain receipts \nThe Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home's incentive program account and credited as a non-Federal funding source.", "id": "HCAB8265E031A45C499FCD14B086F8B00", "header": "Use of certain receipts", "nested": [], "links": [] }, { "text": "(i) Annual report from payment recipients \nAny State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including a descriptive analysis of how effective the incentive program has been on nurse staffing in the State home during that fiscal year. The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous year in accordance with this subsection.", "id": "H7508378057F44D40A118CB5691ADB29B", "header": "Annual report from payment recipients", "nested": [], "links": [] }, { "text": "(j) Regulations \nThe Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.", "id": "HC895B075C8264930B12779B29161D4F3", "header": "Regulations", "nested": [], "links": [] } ], "links": [] } ]

[ "Economics and Public Finance", "Education", "Federal aid to education", "Federal aid to health facilities", "Government Operations and Politics", "Government paperwork", "Health", "Higher education", "Labor and Employment", "Nurses", "Nursing education", "Recruiting of employees", "Scholarships", "Soldiers' homes" ]

[ { "text": "1. Land conveyance to City \n(a) Authorization for conveyance \nNot later than 90 days after the Secretary receives a request from the Tribe and the City to convey all right, title, and interest of the United States and the Tribe in and to the Property to the City, the Secretary shall take the Property out of trust status and convey the Property to the City. (b) Terms and conditions \nThe conveyance under subsection (a) shall be subject to the following conditions: (1) Tribal resolution \nPrior to conveying the Property under subsection (a), the Secretary shall ensure that the terms of the sale have been approved by a tribal resolution of the Tribe. (2) Consideration \nConsideration given by the City for the Property shall be not less than the appraised fair market value of the Property. (3) No federal cost \nThe City shall pay all costs related to the conveyance authorized under this section. (c) Proceeds of sale \nThe proceeds from the conveyance of the Property under this section shall be given immediately to the Tribe. (d) Failure to Make Conveyance \nIf after the Secretary takes the Property out of trust status pursuant to subsection (a) the City or the Tribe elect not to carry out the conveyance under that subsection, the Secretary shall take the Property back into trust for the benefit of the Tribe.", "id": "HE27F4A448F714B81BF8E05D74ED1C845", "header": "Land conveyance to City", "nested": [ { "text": "(a) Authorization for conveyance \nNot later than 90 days after the Secretary receives a request from the Tribe and the City to convey all right, title, and interest of the United States and the Tribe in and to the Property to the City, the Secretary shall take the Property out of trust status and convey the Property to the City.", "id": "H3DFA03F1937B4956B740713858030900", "header": "Authorization for conveyance", "nested": [], "links": [] }, { "text": "(b) Terms and conditions \nThe conveyance under subsection (a) shall be subject to the following conditions: (1) Tribal resolution \nPrior to conveying the Property under subsection (a), the Secretary shall ensure that the terms of the sale have been approved by a tribal resolution of the Tribe. (2) Consideration \nConsideration given by the City for the Property shall be not less than the appraised fair market value of the Property. (3) No federal cost \nThe City shall pay all costs related to the conveyance authorized under this section.", "id": "HBBA28C3DE0B547DEB391119E883141F1", "header": "Terms and conditions", "nested": [], "links": [] }, { "text": "(c) Proceeds of sale \nThe proceeds from the conveyance of the Property under this section shall be given immediately to the Tribe.", "id": "HF59B949D6CF04E19B47DDC8911B97C8", "header": "Proceeds of sale", "nested": [], "links": [] }, { "text": "(d) Failure to Make Conveyance \nIf after the Secretary takes the Property out of trust status pursuant to subsection (a) the City or the Tribe elect not to carry out the conveyance under that subsection, the Secretary shall take the Property back into trust for the benefit of the Tribe.", "id": "H6DC452D6B6444705B35FA9006D338010", "header": "Failure to Make Conveyance", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Tribal reservation \nLand acquired by the United States in trust for the Tribe after February 17, 1984, shall be part of the Tribe’s reservation.", "id": "H42814662ADEC48C286A38893EED53DE2", "header": "Tribal reservation", "nested": [], "links": [] }, { "text": "3. Trust Land for Shivwits or Kanosh Bands \nIf requested to do so by a tribal resolution of the Tribe, the Secretary shall take land held in trust by the United States for the benefit of the Tribe out of such trust status and take that land into trust for the Shivwits or Kanosh Bands of the Paiute Indian Tribe of Utah, as so requested by the Tribe.", "id": "H19D1BE63E825494BBC2CC85521119EF0", "header": "Trust Land for Shivwits or Kanosh Bands", "nested": [], "links": [] }, { "text": "4. Cedar band of paiutes technical correction \nThe Paiute Indian Tribe of Utah Restoration Act ( 25 U.S.C. 761 ) is amended by striking Cedar City each place it appears and inserting Cedar. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Cedar City Band of Paiute Indians shall be deemed to be a reference to the Cedar Band of Paiute Indians.", "id": "H089BA4AFE5B9472B83A619AF85450485", "header": "Cedar band of paiutes technical correction", "nested": [], "links": [ { "text": "25 U.S.C. 761", "legal-doc": "usc", "parsable-cite": "usc/25/761" } ] }, { "text": "5. Definitions \nFor the purposes of this Act: (1) City \nThe term City means the City of Richfield, Utah. (2) Property \nThe term Property means the parcel of land held by the United States in trust for the Paiute Indian Tribe of Utah located in Section 2, Township 24 South, Range 3 West, Salt Lake Base and Meridian, Sevier County, Utah and more particularly described as follows: Beginning at a point on the East line of the Highway which is West 0.50 chains, more or less, and South 8° 21° West, 491.6 feet from the Northeast Corner of the Southwest Quarter of Section 2, Township 24 South, Range 3 West, Salt Lake Base and Meridian, and running thence South 81° 39° East, perpendicular to the highway, 528.0 feet; thence South 26° 31° West, 354.6 feet; thence North 63° 29° West, 439.3 feet to said highway; thence North 8° 21° East, along Easterly line of said highway 200.0 feet to the point of beginning, containing 3.0 acres more or less. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Tribe \nThe term Tribe means the Paiute Indian Tribe of Utah.", "id": "H90AA041F42EF4A0FA987EB1CA62CEA84", "header": "Definitions", "nested": [], "links": [] } ]

[ "Indian lands", "Land transfers", "Minorities", "Native Americans", "Utah" ]