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(b) Dissemination of meta-analysis to certain public health agencies and other appropriate entities
Promptly after receiving from the Director of the Institute the report under section 2(b), the Commissioner of Food and Drugs shall disseminate the report— (1) to principal public health agencies of all States, including those that authorize the smoking of marijuana for medicinal purposes; and (2) to public health associations, health care professionals, and other appropriate entities that advocate or recommend the smoking of marijuana by patients for medicinal purposes.
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(c) Definition
As used in this section, the term State means each of 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.
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1. Short Title
This Act may be cited as the Seed Availability and Competition Act of 2004. 2.
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Retaining Patented Seed
(a) Registration
Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person— (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained.
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(b) Fees
The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1).
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(c) Refunds
The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions
The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c).
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(e) Patented Seed Fund
(1) Establishment
There is established in the Treasury of the United States a fund to be known as the Patented Seed Fund , consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration
The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders.
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(f) Inapplicability of contracts and patent fees
A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition
In this section, the term patented seed means seed for which a person holds a valid patent. 3.
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Tariff on certain imported products
(a) Tariff
In any case in which— (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies,
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in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of duties
There shall be deposited in the Patented Seed Fund established section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definition
In this section— (1) the term genetically modified seed means any seed that contains a genetically modified material, was produced with a genetically modified material,
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or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term genetically modified material means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.
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1. Parity of wage schedules and rates for prevailing rate employees in Guam with wage schedules and rates for prevailing rate employees in Hawaii
Section 5343(a) of title 5, United States Code, is amended— (1) in paragraph (3), by striking subject to paragraph (5) and inserting subject to paragraphs (5) and (6) ; (2) in paragraph (4), by striking ; and and inserting a semicolon; (3) in paragraph (5), by striking the period and inserting ; and ;
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and (4) by adding at the end the following: (6) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in Guam that are the same as the wage schedules and rates for prevailing rate employees in Hawaii. 2. Effective date
This Act shall be effective with respect to pay periods commencing in any fiscal year that commences at least 6 months after the date of the enactment of this Act.
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1. No-fly zone near nuclear facilities under certain circumstances
(a) In general
If the threat alert level determined by the Homeland Security Advisory System is elevated to code orange or code red, the Secretary of Transportation shall prohibit any commercial or private aircraft from flying below 18,000 feet within a 10-mile radius of a nuclear facility. (b) Definition
The term nuclear facility means a commercial nuclear power reactor licensed by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ).
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Fair and Equitable Tobacco Reform Act of 2004. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Effective date Title I—Termination of Federal tobacco quota and price support programs Sec. 101. Termination of tobacco quota program and related provisions Sec. 102. Termination of tobacco price support program and related provisions Sec. 103.
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Liability Title II—Transitional payments to tobacco quota holders and active producers of tobacco Sec. 201. Definitions of active tobacco producer and quota holder Sec. 202. Payments to tobacco quota holders Sec. 203. Transition payments for active producers of quota tobacco Sec. 204. Geographical restrictions on expansion of tobacco production Sec. 205. Resolution of disputes Sec. 206. Source of funds for payments 2. Effective date
This Act and the amendments made by this Act shall apply to the 2005 and subsequent crops of each kind of tobacco. 101.
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Termination of tobacco quota program and related provisions
(a) Marketing quotas
Part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) is repealed. (b) Processing tax
Section 9(b) of the Agricultural Adjustment Act ( 7 U.S.C.
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609(b) ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) in paragraph (2), by striking tobacco, ; and (2) in paragraph (6)(B)(i), by striking , or, in the case of tobacco, is less than the fair exchange value by not more than 10 per centum,. (c) Declaration of policy
Section 2 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1282 ) is amended by striking tobacco,.
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(d) Definitions
Section 301(b) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1301(b) ) is amended— (1) in paragraph (3)— (A) by striking subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (6)(A), by striking tobacco, ; (3) in paragraph (10)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (4) in paragraph (11)(B),
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by striking and tobacco ; (5) in paragraph (12), by striking tobacco, ; (6) in paragraph (14)— (A) in subparagraph (A), by striking (A) ; and (B) by striking subparagraphs (B), (C), and (D); (7) by striking paragraph (15); (8) in paragraph (16)— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (9) by striking paragraph (17); and (10) by redesignating paragraph (16) as paragraph (15).
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(e) Parity payments
Section 303 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1303 ) is amended in the first sentence by striking rice, or tobacco, and inserting or rice,. (f) Administrative provisions
Section 361 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1361 ) is amended by striking tobacco,. (g) Adjustment of quotas
Section 371 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C.
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1371 ) is amended— (1) in the first sentence of subsection (a), by striking rice, or tobacco and inserting or rice ; and (2) in the first sentence of subsection (b), by striking rice, or tobacco and inserting or rice. (h) Regulations
Section 375 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1375 ) is amended— (1) in subsection (a), by striking peanuts, or tobacco and inserting or peanuts ; and (2) by striking subsection (c).
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(i) Eminent domain
Section 378 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1378 ) is amended— (1) in the first sentence of subsection (c), by striking cotton, and tobacco and inserting and cotton ; and (2) by striking subsections (d), (e), and (f). (j) Burley tobacco farm reconstitution
Section 379 of the Agricultural Adjustment Act of 1938 ( 7 U.S.C.
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1379 ) is amended— (1) in subsection (a)— (A) by striking (a) ; and (B) in paragraph (6), by striking , but this clause (6) shall not be applicable in the case of burley tobacco ; and (2) by striking subsections (b) and (c). (k) Acreage-poundage quotas
Section 4 of the Act of April 16, 1955 ( Public Law 89–12 ; 7 U.S.C. 1314c note), is repealed.
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(l) Burley tobacco acreage allotments
The Act of July 12, 1952 ( 7 U.S.C. 1315 ), is repealed. (m) Transfer of allotments
Section 703 of the Food and Agriculture Act of 1965 ( 7 U.S.C. 1316 ) is repealed. (n) Advance recourse loans
Section 13(a)(2)(B) of the Food Security Improvements Act of 1986 ( 7 U.S.C. 1433c–1(a)(2)(B) ) is amended by striking tobacco and.
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(o) Tobacco field measurement
Section 1112 of the Omnibus Budget Reconciliation Act of 1987 ( Public Law 100–203 ) is amended by striking subsection (c). 102. Termination of tobacco price support program and related provisions
(a) Termination of tobacco price support and no net cost provisions
Sections 106, 106A, and 106B of the Agricultural Act of 1949 ( 7 U.S.C. 1445 , 1445–1, 1445–2) are repealed.
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(b) Parity price support
Section 101 of the Agricultural Act of 1949 ( 7 U.S.C. 1441 ) is amended— (1) in the first sentence of subsection (a), by striking tobacco (except as otherwise provided herein), corn, and inserting corn ; (2) by striking subsections (c), (g), (h), and (i); (3) in subsection (d)(3)— (A) by striking , except tobacco, ;
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and (B) by striking and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers; ; and (4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (c) Definition of basic agricultural commodity
Section 408(c) of the Agricultural Act of 1949 ( 7 U.S.C. 1428(c) ) is amended by striking tobacco,. (d) Powers of commodity credit corporation
Section 5 of the Commodity Credit Corporation Charter Act ( 15 U.S.C.
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714c ) is amended by inserting (other than tobacco) after agricultural commodities each place it appears. 103. Liability
The amendments made by this title shall not affect the liability of any person under any provision of law so amended with respect to any crop of tobacco planted before the effective date of this Act. 201.
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Definitions of active tobacco producer and quota holder
In this title: (1) Active tobacco producer
The term active tobacco producer means an owner, operator, landlord, tenant, or sharecropper who, as of the day before the date of the enactment of this Act— (A) shared in the risk of producing tobacco on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq.
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), as in effect on the day before the date of the enactment of this Act; and (B) was actively engaged on that farm in the production of tobacco marketed or considered planted. (2) Considered planted
The term considered planted means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary.
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(3) Tobacco quota holder
The term tobacco quota holder means an owner, as of the day before the date of the enactment of this Act, of a tobacco farm marketing quota or a farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ), as in effect on the day before the date of the enactment of this Act. (4) Secretary
The term Secretary means the Secretary of Agriculture. 202.
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Payments to tobacco quota holders
(a) Payment required
The Secretary shall make payments to each eligible tobacco quota holder for the termination of tobacco marketing quotas and related price support under title I, which shall constitute full and fair compensation for any losses relating to such termination. (b) Eligibility
To be eligible to receive a payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of tobacco quota holder.
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The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Individual base quota level
(1) In general
The Secretary shall establish a base quota level applicable to each eligible tobacco quota holder identified under subsection (b).
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(2) Poundage quotas
Subject to adjustment under subsection (d), for each kind of tobacco for which the marketing quota is expressed in pounds, the base quota level for each tobacco quota holder shall be equal to the basic tobacco marketing quota under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act for quota tobacco on the farm owned by the tobacco quota holder. (3) Marketing quotas other than poundage quotas
Subject to adjustment under subsection (d), for each kind of tobacco for which there is marketing quota or allotment on an acreage basis,
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the base quota level for each tobacco quota holder shall be the amount equal to the product obtained by multiplying— (A) the basic tobacco farm marketing quota or allotment for the marketing year in effect on the date of the enactment of this Act, as established by the Secretary for quota tobacco on the farm owned by the tobacco quota holder; by (B) the average county production yield per acre for the county in which the farm is located for the kind of tobacco for that marketing year.
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(d) Treatment of certain contracts and agreements
(1) Effect of purchase contract
If there was an agreement for the purchase of all or part of a farm described in subsection (c) as of the date of the enactment of this Act, and the parties to the sale are unable to agree to the disposition of eligibility for payments under this section, the Secretary, taking into account any transfer of quota that has been agreed to, shall provide for the equitable division of the payments among the parties by adjusting the determination of who is the tobacco quota holder with respect to particular pounds of the quota.
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(2) Effect of agreement for permanent quota transfer
If the Secretary determines that there was in existence, as of the day before the date of the enactment of this Act, an agreement for the permanent transfer of quota, but that the transfer was not completed by that date, the Secretary shall consider the tobacco quota holder to be the party to the agreement that, as of that date, was the owner of the farm to which the quota was to be transferred.
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(e) Total payment amounts based on 2002 marketing year
(1) Calculation of annual payment amount
During fiscal years 2005 through 2009, the Secretary shall make payments to all eligible tobacco quota holders identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $1.40 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco.
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(2) Marketing quotas other than poundage quotas
For each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1).
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(f) Individual payment amounts
The annual payment amount for each eligible tobacco quota holder with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (e) with respect to that kind of tobacco as the individual base quota level of that eligible tobacco quota holder under subsection (c) with respect to that kind of tobacco bears to the total base quota levels of all eligible tobacco quota holders with respect to that kind of tobacco.
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(g) Death of tobacco quota holder
If a tobacco quota holder who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco quota holder. 203. Transition payments for active producers of quota tobacco
(a) Transition payments required
The Secretary shall make transition payments under this section to eligible active producers of quota tobacco.
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(b) Eligibility
To be eligible to receive a transition payment under this section, a person shall submit to the Secretary an application containing such information as the Secretary may require to demonstrate to the satisfaction of the Secretary that the person satisfies the definition of active producer of quota tobacco. The application shall be submitted within such time, in such form, and in such manner as the Secretary may require. (c) Current production base
The Secretary shall establish a production base applicable to each eligible active producer of quota tobacco identified under subsection (b).
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A producer’s production base shall be equal to the quantity, in pounds, of quota tobacco subject to the basic marketing quota marketed or considered planted by the producer under the Agriculture Adjustment Act of 1938 for the marketing year in effect on the date of the enactment of this Act.
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(d) Total payment amounts based on 2002 marketing year
(1) Calculation of annual payment amount
During fiscal years 2005 through 2009, the Secretary shall make payments to all eligible active producers of quota tobacco identified under subsection (b) in an annual amount equal to the product obtained by multiplying, for each kind of tobacco for which the marketing quota is expressed in pounds— (A) $0.60 per pound; by (B) the total tobacco farm marketing quotas established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco.
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(2) Marketing quotas other than poundage quotas
For each kind of tobacco for which there is a marketing quota or allotment on an acreage basis, the Secretary shall convert the tobacco farm marketing quotas or allotments established under the Agriculture Adjustment Act of 1938 for the 2002 marketing year for that kind of tobacco to a poundage basis before executing the mathematical equation specified in paragraph (1).
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(e) Individual payment amounts
The annual payment amount for each eligible active producer of quota tobacco identified under subsection (b) with respect to a kind of tobacco under this section shall bear the same ratio to the amount determined by the Secretary under subsection (d) with respect to that kind of tobacco as the individual production base of that eligible active producer under subsection (c) with respect to that kind of tobacco bears to the total production bases determined under that subsection for all eligible active producers of that kind of tobacco.
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(f) Death of tobacco producer
If a tobacco producer who is entitled to payments under this section dies and is survived by a spouse or one or more dependents, the right to receive the payments shall transfer to the surviving spouse or, if there is no surviving spouse, to the estate of the tobacco producer. 204.
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Geographical restrictions on expansion of tobacco production
(a) Purpose
The purpose of this section is to provide an orderly economic transition away from the marketing of tobacco based on quotas and price support while also addressing the economic dislocation, and the resulting impact on interstate commerce, that the termination of the tobacco quota and price support programs might cause.
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(b) Penalty applicable to tobacco grown outside traditional tobacco counties
The marketing of tobacco in the 2005 or subsequent marketing years, of a kind of tobacco that was subject to a marketing quota in the 2002 marketing year, shall be subject to a penalty equal to 100 percent of the total amount received on the marketing of the tobacco unless the tobacco was grown in a traditional tobacco county. (c) Definitions
In this section: (1) The term marketing year means July 1 to June 30 for flue-cured tobacco and October 1 to September 30 for all other kinds of tobacco.
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(2) The term marketing quota in the 2002 marketing year means a quota established for that year pursuant to part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1311 et seq. ) and related provisions, as in effect for that marketing year.
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(3) The term traditional tobacco county , with respect to a kind of tobacco, means— (A) a county in the United States that had 1 or more farms operated by active producers of quota tobacco of that kind of tobacco under a marketing quota in the 2002 marketing year; or (B) a county contiguous to a county described in subparagraph (A) for that kind of tobacco. 205.
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Resolution of disputes
Any dispute regarding the eligibility of a person to receive a payment under this title, or the amount of the payment, shall be resolved by the county committee established under section 8 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h ) for the county or other area in which the farming operation of the person is located. 206.
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Source of funds for payments
There is hereby appropriated to the Secretary, from amounts in the general fund of the Treasury, such amounts as the Secretary needs in order to make the payments required by sections 202 and 203, provided such amounts do not exceed amounts received in the Treasury under chapter 52 of the Internal Revenue Code of 1986 (relating to tobacco products and cigarette papers and tubes).
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1. Short title
This Act may be cited as the Children's Health Equity Technical Amendments Act of 2004. 2. Authority for qualifying states to use portion of SCHIP allotment for any fiscal year for certain medicaid expenditures
(a) In general
Section 2105(g)(1)(A) of the Social Security Act ( 42 U.S.C.
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1397ee(g)(1)(A) ) (as added by section 1(b) of Public Law 108–74 ) is amended by striking , 1999, 2000, or 2001 and inserting and any fiscal year thereafter. (b) Special rule for use of allotments for fiscal year 2002 or thereafter
Section 2105(g) of the Social Security Act ( 42 U.S.C. 1397ee(g) ) (as so added and as amended by Public Law 108–127 ) is amended— (1) in paragraph (2),
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by striking In this subsection and inserting Subject to paragraph (4), in this subsection ; and (2) by adding at the end the following: (4) Special rule regarding authority to use portion of allotments for fiscal year 2002 or thereafter
Notwithstanding paragraph (2), the authority provided under paragraph (1)(A) with respect to any allotment under section 2104 for fiscal year 2002 or any fiscal year thereafter (insofar as the allotment is available under subsections (e) and (g) of such section),
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shall only apply to a qualifying State if the State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): (A) Uniform, simplified application form
With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State uses the same uniform, simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for benefits under title XIX and this title.
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(B) Elimination of asset test
The State does not apply any asset test for eligibility under section 1902(l) or this title with respect to children. (C) Adoption of 12-month continuous enrollment
The State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children described in section 1902(a)(10)(A).
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(D) Same verification and redetermination policies; automatic reassessment of eligibility
With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title.
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(E) Outstationing enrollment staff
The State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally-qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55).. (c) Conforming amendment
Section 2105(g)(3) of the Social Security Act ( 42 U.S.C.
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1397ee(g)(3) ) is amended by striking paragraphs (1) and (2) and inserting this subsection. (d) Effective date
The amendments made by this section take effect as if enacted on October 1, 2003.
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1. Repeal of depreciation adjustments in computing alternative minimum taxable income
(a) Adjustments applicable to all taxpayers
Subsection (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
Subsection (a) of section 57 of such Code (relating to general rule for items of tax preference) is amended by repealing paragraph (6).
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(c) Conforming amendments
(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
The amendments made by this section shall apply to property placed in service after December 31, 2004.
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1. Short title
This Act may be cited as the Quality Water Supply Enhancement Act. 2.
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Purposes
The purposes of this Act are— (1) to provide for the development of economically viable advanced water supply enhancement demonstration projects, including desalination, that would— (A) substantially improve access to existing water supplies; and (B) provide access to untapped water sources; (2) to facilitate the widespread commercialization of newly developed water supply for use in real-world applications; (3) to provide objective analyses of water supply policies; and (4) to facilitate collaboration among Federal agencies in the development of advanced water supply demonstration projects, including desalination. 3.
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Definitions
In this Act: (1) Advisory panel
The term Advisory Panel means the Water Supply Advisory Panel established under section 5(a). (2) Regional center
The term Regional Center means the Regional Center referenced in the National Water Supply Technology Program White Paper, with a specific region of the nation and a specific water theme as designated under section 6(b). (3) Institute
The term Institute means the Water Supply Policy Institute designated by section 8(a). (4) Program
The term program means the water supply program established under section 4(a).
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(5) Program coordinator
The term Program Coordinator means the lead Facility as described in the National Water Supply Technology Program White Paper. (6) Secretary
The term Secretary means the Secretary of the Interior. (7) Water resource agencies
Federal agencies, as identified in the Interagency Consortium, developed by the Bureau of Reclamation, for Desalination and Membrane Separation. (8) Water supply enhancement
(A) In general
The term water supply enhancement means a demonstration project, including desalination, designed to improve water quality or make more efficient use of existing water sources.
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(B) Inclusions
The term water supply enhancement includes demonstration projects for— (i) reducing water consumption in the production or generation of energy; (ii) desalination and related concentrate disposal; (iii) water reuse; (iv) contaminant removal; (v) agriculture, industrial, and municipal efficiency; and (vi) water monitoring and systems analysis. 4.
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Desalination and water supply enhancement demonstration program
(a) Establishment
The Secretary shall, in coordination with the Water Resource Agencies, and the Program Coordinator, establish a desalination and advanced water supply enhancement demonstration program and fund demonstration projects for the development and commercialization of, advanced water supply demonstration projects, including desalination. The Secretary shall be responsible for coordinating the Water Resource Agencies activities authorized under this Act. (b) Program coordinator
(1) In general
The program shall be carried out by the Secretary, in coordination with the Water Resources Agencies and the Program Coordinator.
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(2) Duties
In carrying out the program, the Program Coordinator, in consultation with the Secretary and Water Resource Agencies, shall— (A) construct a facility at the office of the Program Coordinator for administering the program; (B) establish budgetary and contracting procedures for the program; (C) perform any administrative duties relating to the program; (D) administer funds under section 7 ; (E) conduct peer review of water supply enhancement demonstration proposals and research results; (F) create a water supply enhancement demonstration roadmap to— (i) identify the best water supply demonstration projects;
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and (ii) make determinations about which water supply demonstration projects would most substantially improve the use of existing water supplies; (G) coordinate budgets for demonstration projects at Regional Centers; (H) coordinate research carried out under the program; (I) perform annual evaluations of demonstration projects and the progress made by Regional Centers; (J) establish a water supply demonstration transfer program— (i) to identify commercially promising water supply demonstration projects; and (ii) to facilitate prototyping of, business planning for, regulatory acceptance of, and full commercialization of promising water supply demonstration projects through— (I) project facilities;
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(II) industry consortia; and (III) collaboration with commercial financing organizations; (K) establish procedures and criteria to periodically assess Regional Centers under section 6(f)(2) ; (L) establish procedures for providing information to the public on the results of demonstration projects conducted under the program; and (M) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management. 5.
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Water supply advisory panel
(a) Establishment
The Program Coordinator, in consultation with the Secretary, shall establish an advisory panel, to be known as the Water Supply Advisory Panel , to advise the Program with respect to— (1) the direction of the program; (2) reviewing the performance of any demonstration project carried out using amounts made available under the program; (3) facilitating the commercialization of the water supply demonstration successes developed under the program; and (4) evaluating water policy.
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(b) Membership
The Advisory Panel shall include members, with interest and expertise in water supply demonstration projects, that represent— (1) industry; (2) educational institutions; (3) the Federal Government; (4) nongovernmental organizations; (5) international water technology institutions; and (6) the Regional Centers. 6. Regional centers in water supply enhancement
(a) In general
A Regional Center shall partner with one or more universities from the region, that shall be eligible for funding under section 7(a) to conduct demonstration projects on specific advanced water supply enhancement projects.
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(b) Initial regional centers
The Regional Centers as identified in the National Water Supply Technology Program White Paper, shall be grouped by region and theme, including, but not limited to the following: (1) Northeast region
Reducing water quality impacts from power plant outfall and decentralized water treatment. (2) Central atlantic region
Produced water purification and use for power production and water reuse for mega-cities. (3) Southeast region
Shallow aquifer conjunctive water use; energy reduction for sea water desalination and membrane demonstration project development.
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(4) Midwest region
Water efficiency in manufacturing and energy reduction in wastewater treatment. (5) Central region
Cogeneration of nuclear power and water, energy systems for pumping irrigation and mining water reuse. (6) West region
Conjunctive management of hydropower and water; and watershed management. (7) Southwest region
Water for power production in arid environments; energy reduction and waste disposal for brackish desalination; high water and energy efficiency in arid agriculture; and transboundary water management.
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(8) Pacific region
Point of use technology to reduce water treatment and conveyance energy; co-located energy production and water treatment; and water reuse for agriculture. (c) Selection of university partners
In consultation with the Program Coordinator and the Advisory Panel, each Regional Center, within 6 months after the date of enactment of this Act, shall select a primary university partner and may nominate additional university partners. (d) Operational procedures
Not later than 1 year after the date of enactment of this Act, each Regional Center shall submit to the Program Coordinator operational procedures for such Regional Center.
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(e) Additional regional centers
Subject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched. (f) Period of designation
(1) In general
A designation under subsection (b) , subsection (c) , or subsection (d) shall be for a period of 5 years.
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(2) Assessment
A Regional Center shall be subject to periodic assessments in accordance with procedures and criteria established under section 4(b)(2)(K). (3) Renewal
After the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods in accordance with procedures and criteria established under section 4(b)(2)(K).
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(4) Probation, termination, or nonrenewal
(A) In general
Based on a periodic assessment conducted under paragraph (2) and after review by the Secretary and Water Resource Agencies, the Secretary may determine not to renew the designation of a Regional Center. (B) Termination
In coordination with the Water Resources Agencies, the Secretary may terminate or choose not to renew the designation of a Regional Center. (g) Executive director
A Regional Center shall be administered by an executive director.
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(h) Publication of research results
A Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals. 7. Program funding
(a) Funding to regional centers
(1) In general
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide funding to the Regional Center subject to the provisions of section 10(b) to carry out demonstration projects identified in section 6(b) in coordination with other Regional Centers without cost-share requirements.
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(2) Distribution
Of the funds made available to each Regional Center, 50 percent shall be distributed to regional university partners. Funds distributed to university partners within the region shall be distributed following a plan developed and included in the Regional Center’s operational procedures developed under section 6(d) without cost-share requirements. (b) Open-call funding
(1) In general
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall provide competitive funding mechanisms to eligible institutions and individuals for water supply demonstration projects.
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(2) Eligible collaborative institutions
Each of the following are eligible for funding under paragraph (1) : (A) Nongovernmental organizations. (B) Department of Energy National Laboratories. (C) Private corporations. (D) Industry consortia. (E) Universities or university consortia. (F) Any other entity with expertise in the conduct of research on water supply technologies. (G) International research consortia.
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(3) Distribution of funds
Of the funds allotted for the program funding, the following percentages and restrictions apply: (A) Nongovernmental organizations
No less than 15 percent and no more than 25 percent of the total funds shall be provided as block funding to nongovernmental organizations subject to a 50 percent nonprogram cost share that then may be redistributed by the nongovernmental organization along with non-program matching funds for individual projects.
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(B) National laboratories
No less than 20 percent and no more than 30 percent of the total funds shall be provided to support individual projects from Department of Energy National Laboratories without matching fund requirements. (c) Federal agencies
No less than 15 percent and no more than 25 percent of the total funds shall be provided to support individual projects that are recommended by at least one other Federal Agency that is providing at least a 50 percent funding match. (d) Other entities
The remainder of funds may be provided to support individual projects subject to a 25 percent nonprogram cost share.
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(e) Term of grant
(1) In general
Except as provided in paragraph (2) , funds provided under this section shall be for a term of 2 years. (2) Renewal
The Program Coordinator, in consultation with the Secretary, and Water Resource Agencies, may renew demonstration project financing for up to 2 additional years as appropriate. (f) Reporting
Organizations receiving funding under this section shall report on a bi-annual basis the results and status of research projects undertaken with funds from this Act.
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(g) Treatment of funds
Amounts received under funding provided to a non-Federal entity by this program shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project outside this program. (h) Criteria
The Program Coordinator, in coordination with the Secretary, and Water Resource Agencies, shall establish criteria for the submission and review of grant applications and the provision of funds under this section. (i) Cost-sharing requirement
A National Laboratory that receives funding under this section shall not be subject to a cost-sharing requirement. 8.
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National water supply policy institute
(a) Designation
The Utton Center at the University of New Mexico Law School is designated as the National Water Policy Institute.
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(b) Duties
The Institute shall— (1) perform objective research on relevant water, regulations, and policy pertinent to this Act; (2) provide policy alternatives to increase national and international water supplies; (3) consult with the Regional Centers, industry, municipalities, nongovernmental organizations, other participants of the program, and any other interested persons, with priority for consultation services to be given to participants in the program; and (4) conduct an annual water policy seminar to provide information on demonstration projects carried out or funded by the Institute.
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(c) Partnerships
The Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b). (d) Executive director
The Institute shall be administered by an executive director, subject to approval by the Program Coordinator. 9. Reports
(a) Reports to program coordinator
Any Regional Center, or collaborative institution that receives funding under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year.
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(b) Report to congress
Not later than 3 fiscal years after the date of enactment of this Act and every 5 years thereafter, the Program Coordinator shall submit to the Secretary, and other Water Resource Agencies, and Congress a report that describes the activities carried out under this Act. 10. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary, and Water Resource Agencies, for each of fiscal years 2005 through 2009— (1) for the construction of a facility under section 4(b)(2)(A) , $20,000,000;
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(2) for the administration of the program by the Program Coordinator and for administration of the facility constructed under section 4(b)(2)(A) , $5,000,000; (3) for demonstration projects carried out under the program, $200,000,000; and (4) for Regional Centers to administer funding and to update, maintain, and operate the facilities, as necessary, $7,500,000. (b) Allocation
Of amounts made available under subsection (a)(3) for a fiscal year— (1) not more than the lesser of $10,000,
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000 or 5 percent shall be made available to each Regional Center designated by section 6(b) or under section 6(e) as block funding following the funding procedures in section 7(a) ; (2) not more than the lesser of $10,000,000 or 5 percent shall be made available for the Institute designated by section 8(a) ; (3) at least 15 percent shall be made available for demonstration projects implemented under section 4(b)(2)(J) ; and (4) at least 30 percent shall be made available for the open-call funding program described in section 7(b).
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1. Cross sound cable order
Notwithstanding Department of Energy Order No. 202–03–4, issued by the Secretary of Energy on May 7, 2004, or any other provision of law, Department of Energy Order No. 202–03–2, issued by the Secretary of Energy on August 28, 2003, is reinstated effective on the date of enactment of this Act and shall remain in effect unless rescinded by Act of Congress.
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1. Short title
This Act may be cited as the Enhancing Nutrition in Medical Education Act of 2004. 2. Medical school nutrition programs
Part E of title VII of the Public Health Service Act ( 42 U.S.C. 294n et seq. ) is amended by adding at the end the following: 3 Medical school nutrition programs
775. Grants for medical school nutrition programs
(a) Authorization
The Secretary may award grants to accredited schools of medicine to integrate innovative curricula on nutrition into medical education.
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(b) Focus
The Secretary shall ensure that innovative curricula on nutrition developed and implemented under this section focus on preventive health measures, including the following: (1) Education on the causes, treatment, and prevention of obesity. (2) Office education and counseling to ensure appropriate diet for mostly healthy people. (3) Prevention and treatment of common nutritional deficiencies. (4) Appropriate and inappropriate use of herbs and supplements. (5) Office recognition and treatment of common eating disorders. (6) Identification of special dietary needs, eating disorders, and appropriate routes of referral for medical nutrition therapy.
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(c) Use of funds
The Secretary may not make a grant under subsection (a) unless the school of medicine involved agrees to expend the grant— (1) to develop innovative curricula on nutrition in accordance with subsection (d); (2) to integrate such curricula, to the maximum extent possible, into each year of a student’s medical education at the school, including with respect to preclinical and clinical training; and (3) to evaluate the results achieved with such curricula.
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(d) Multidisciplinary planning committee
(1) Establishment
A school of medicine receiving a grant under this section shall establish a multidisciplinary planning committee to develop the innovative curricula on nutrition to be integrated into the school’s medical education.
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(2) Membership
The members of a multidisciplinary planning committee under this subsection— (A) shall include individuals who will be responsible for implementing the proposed curricular changes within the fields and disciplines of the school’s medical education program; and (B) should include representatives of fields and disciplines outside of the school’s medical education program, such as nursing, nutrition, and public health. (e) Duration
Each grant under this section shall be for a period of 2 years.
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