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[ { "text": "1. Short title \nThis Act may be cited as the Telecommuter Tax Fairness Act of 2004.", "id": "HE90CB6A6BF14496ABD6F58906525D11F", "header": "Short title" }, { "text": "2. Prohibition on double taxation of telecommuters \n(a) In general \nChapter 4 of title 4, United States Code, is amended by adding at the end the following new section: 127. Prohibition on double taxation of telecommuters and others who work at home \n(a) Physical presence required \n(1) In general \nIn applying its income tax laws to the salary of a nonresident individual, a State may only deem such nonresident individual to be present in or working in such State for any period of time if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such salary with respect to any period of time when such nonresident individual is physically present in another State. (2) Determination of physical presence \nFor purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that such nonresident individual is present at or working at home for the nonresident individual’s convenience. (b) Definitions \nAs used in this section— (1) State \nThe term State includes any political subdivision of a State, the District of Columbia, and the possessions of the United States. (2) Income tax \nThe term income tax has the meaning given such term by section 110(c). (3) Income tax laws \nThe term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (4) Nonresident individual \nThe term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (5) Salary \nThe term salary means the compensation, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (c) No inference \nNothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income.. (b) Clerical amendment \nThe table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Prohibition on double taxation of telecommuters and others who work at home. (c) Effective date \nThe amendments made by this section shall take effect on the date of enactment of this Act.", "id": "H0E5FE89B2342472E9CB9BBD65CA77", "header": "Prohibition on double taxation of telecommuters" }, { "text": "127. Prohibition on double taxation of telecommuters and others who work at home \n(a) Physical presence required \n(1) In general \nIn applying its income tax laws to the salary of a nonresident individual, a State may only deem such nonresident individual to be present in or working in such State for any period of time if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such salary with respect to any period of time when such nonresident individual is physically present in another State. (2) Determination of physical presence \nFor purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that such nonresident individual is present at or working at home for the nonresident individual’s convenience. (b) Definitions \nAs used in this section— (1) State \nThe term State includes any political subdivision of a State, the District of Columbia, and the possessions of the United States. (2) Income tax \nThe term income tax has the meaning given such term by section 110(c). (3) Income tax laws \nThe term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (4) Nonresident individual \nThe term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (5) Salary \nThe term salary means the compensation, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (c) No inference \nNothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income.", "id": "HDAAC182508164F8597D576722707BAC", "header": "Prohibition on double taxation of telecommuters and others who work at home" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Financing Homes for Rural Americans Act.", "id": "H6A823DAECF624F2A8E3D758BFF071492", "header": "Short title" }, { "text": "2. Authority to finance of guarantee fee \nSubparagraph (C) of section 502(h)(6) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(6)(C) ) is amended by adding after and below clause (ii) the following: The limitation on the maximum amount of the principal obligation of a loan guaranteed pursuant to this subsection that is otherwise applicable to a loan pursuant to clause (i) or (ii) may be increased by the amount of the fee collected by the Secretary in connection with guarantee of the loan..", "id": "H472E41E256974AACABDB9F6976E77694", "header": "Authority to finance of guarantee fee" } ]

[ { "text": "1. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nSubtitle B of title I of the Farm Security and Rural Investment Act of 2002 is amended by inserting after section 1209 ( 7 U.S.C. 7939 ) the following new section: 1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans. (b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate.. (b) Reinstatement of memorandums \nThe Secretary of Agriculture and the Commodity Credit Corporation shall reinstate, at the request of a State, any memorandum of understanding that was entered into between the Secretary or the Corporation and the State for the collection of approved State commodity assessments on behalf of the State, but was terminated before the date of the enactment of this Act.", "id": "H0C3238F5B9D94E5390D6D10000A44481", "header": "Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds" }, { "text": "1210. Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds \n(a) Collection on behalf of states \nAt the request of a State, the Secretary or the Commodity Credit Corporation shall enter into a memorandum of understanding with the State to collect, on behalf of the State, approved State commodity assessments from the proceeds of marketing assistance loans. (b) Effect of assessment rate changes \nThe Secretary and the Commodity Credit Corporation may not terminate a memorandum of understanding with a State for the collection of approved State commodity assessments (or refuse to extend or modify such a memorandum of understanding) on the grounds that the State has changed the assessment rate.", "id": "H17C94D9CB6B54088863043C19F822BAE", "header": "Collection of approved State commodity assessments on behalf of States from marketing assistance loan proceeds" } ]

[ { "text": "1. Time off from work to donate blood \n(a) In general \nSection 6327 of title 5, United States Code, is amended— (1) in subsection (a), by striking bone-marrow or organ and inserting bone-marrow, organ, or blood ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Leave under this section for the purpose of donating blood may not be granted to an employee— (1) on more than 4 occasions in a calendar year; or (2) in an amount greater than 1 day for each donation.. (b) Conforming amendments \n(1) Section heading \nThe heading for section 6327 of title 5, United States Code, is amended to read as follows: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor. (2) Analysis \nThe analysis for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6327 and inserting the following: 6327. Absence in connection with serving as a bone-marrow, organ, or blood donor.", "id": "HCAF84024CAEF4AE399A67724BE00CA88", "header": "Time off from work to donate blood" }, { "text": "6327. Absence in connection with serving as a bone-marrow, organ, or blood donor", "id": "HF588D03F008E484DA3FA9C1543B1F1A9", "header": null } ]

[ { "text": "1. Short title \nThis Act may be cited as the Health Care Relief Act of 2004.", "id": "H69083146ADE4450685D540A417EC3E5D", "header": "Short title" }, { "text": "2. First $2,000 of health insurance premiums fully deductible \n(a) In general \nSubsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to medical, dental, etc., expenses) is amended to read as follows: (a) Allowance of deduction \nThere shall be allowed as a deduction the following amounts not compensated for by insurance or otherwise— (1) the amount by which the amount of expenses paid during the taxable year (reduced by the amount deductible under paragraph (2)) for medical care of the taxpayer, the taxpayer’s spouse, and the taxpayer’s dependents (as defined in section 152) exceeds 7.5 percent of adjusted gross income, plus (2) so much of the expenses paid during the taxable year for insurance which constitutes medical care under subsection (d)(1)(D) (other than for a qualified long-term care insurance contract) for such taxpayer, spouse, and dependents as does not exceed $2,000.. (b) Deduction allowed whether or not taxpayer itemizes deduction \nSection 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: (19) Health insurance premiums \nThe deduction allowed by section 213(a)(2).. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "HEA3C4E88DC854E3495E12E18CC53BB86", "header": "First $2,000 of health insurance premiums fully deductible" }, { "text": "3. Credit for health insurance expenses of small businesses \n(a) In general \nSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: 45G. Small business health insurance expenses \n(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. (b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent. (c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. (d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees. (e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010.. (b) Credit to be part of general business credit \nSection 38(b) of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , plus , and by adding at the end the following: (15) in the case of a small employer (as defined in section 45G(d)(3)), the health insurance credit determined under section 45G(a).. (c) No carrybacks \nSubsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: (11) No carryback of Section 45g credit before effective date \nNo portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.. (d) Denial of double benefit \nSection 280C of such Code is amended by adding at the end the following new subsection: (d) Credit for small business health insurance expenses \n(1) In general \nNo deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45G for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45G(a). (2) Controlled groups \nPersons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as 1 person for purposes of this section.. (e) Clerical amendment \nThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G. Small business health insurance expenses. (f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2003, for arrangements established after the date of the enactment of this Act.", "id": "H6F5B05B459CE476BA2726E8E617F2D36", "header": "Credit for health insurance expenses of small businesses" }, { "text": "45G. Small business health insurance expenses \n(a) General rule \nFor purposes of section 38, in the case of a small employer, the health insurance credit determined under this section for the taxable year is an amount equal to the applicable percentage of the expenses paid by the taxpayer during the taxable year for health insurance coverage for such year provided under a new health plan for employees of such employer. (b) Applicable percentage \nFor purposes of subsection (a), the applicable percentage is— (1) in the case of insurance purchased as a member of a health benefit purchasing coalition (as defined in regulations prescribed by the Secretary), 40 percent, and (2) in the case of insurance not described in paragraph (1), 30 percent. (c) Limitations \n(1) Per employee dollar limitation \nThe amount of expenses taken into account under subsection (a) with respect to any employee for any taxable year shall not exceed— (A) in the case of insurance purchased as a member of a coalition referred to in subsection (b)(1)— (i) $800 in the case of self-only coverage, and (ii) $2,000 in the case of family coverage, and (B) in any other case— (i) $600 in the case of self-only coverage, and (ii) $1,500 in the case of family coverage. In the case of an employee who is covered by a new health plan of the employer for only a portion of such taxable year, the limitation under the preceding sentence shall be an amount which bears the same ratio to such limitation (determined without regard to this sentence) as such portion bears to the entire taxable year. (2) Period of coverage \nExpenses may be taken into account under subsection (a) only with respect to coverage for the 4-year period beginning on the date the employer establishes a new health plan. (3) Employer must bear 65 percent of cost \nExpenses may be taken into account under subsection (a) only if at least 65 percent of the cost of the coverage (without regard to this section) is borne by the employer. (d) Definitions \nFor purposes of this section— (1) Health insurance coverage \nThe term health insurance coverage has the meaning given such term by section 9832(b)(1). (2) New health plan \n(A) In general \nThe term new health plan means any arrangement of the employer which provides health insurance coverage to employees if— (i) such employer (and any predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and (ii) such arrangement provides health insurance coverage to at least 70 percent of the qualified employees of such employer. (B) Qualified employee \n(i) In general \nThe term qualified employee means any employee of an employer and shall include a leased employee within the meaning of section 414(n). (3) Small employer \nThe term small employer has the meaning given to such term by section 4980D(d)(2); except that— (A) only qualified employees shall be taken into account, and (B) such section shall be applied by substituting 100 employees for 50 employees. (e) Special rules \n(1) Certain rules made applicable \nFor purposes of this section, rules similar to the rules of section 52 shall apply. (2) Amounts paid under salary reduction arrangements \nNo amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a). (3) Inflation adjustment \nIn the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsections (c)(1) and (d)(2)(B) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Termination \nThis section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2010.", "id": "HEDB63E1C13A946A3B0915F15E8859853", "header": "Small business health insurance expenses" }, { "text": "4. Refundable health insurance costs credit \n(a) Allowance of credit \n(1) In general \nSubpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: 36. Health insurance costs for uninsured individuals \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents. (b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. (c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)). (d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed. (e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. (f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section.. (b) Conforming amendments \n(1) Section 162(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (6) Election to have subsection apply \nNo deduction shall be allowed under paragraph (1) for a taxable year unless the taxpayer elects to have this subsection apply for such year.. (2) Section 220(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (3) Section 223(b) of such Code is amended by adding at the end the following: (8) Election to have subsection apply \nNo deduction shall be allowed under subsection (a) for a taxable year unless the taxpayer elects to have this section apply for such year.. (4) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period , or from section 36 of such Code. (5) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: Sec. 36. Health insurance costs for uninsured individuals Sec. 37. Overpayments of tax. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H22D2E27FC4004153B726D451EA1D1857", "header": "Refundable health insurance costs credit" }, { "text": "36. Health insurance costs for uninsured individuals \n(a) Allowance of credit \nIn the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer’s spouse and dependents. (b) Limitation \nThe amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. (c) Qualified health insurance \nFor purposes of this section, the term qualified health insurance means health insurance coverage (as defined in section 9832(b)(1)). (d) Special rules \n(1) Coordination with medical expense deduction \nThe amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. (2) Coordination with deduction for health insurance costs of self-employed individuals \nIn the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (3) Coordination with deduction for Archer MSAs and HSAs \nIn the case of a taxpayer who is eligible to deduct any amount under section 220 or 223 for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year. (4) Denial of credit to dependents \nNo credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (5) Coordination with Section 35 \nIf a taxpayer is eligible for the credit allowed under this section and section 35 for any taxable year, the taxpayer shall elect which credit is to be allowed. (e) Expenses must be substantiated \nA payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. (f) Regulations \nThe Secretary may prescribe such regulations as may be necessary to carry out the purposes of this section.", "id": "H8271D9332F3C45A49453048D7678D403", "header": "Health insurance costs for uninsured individuals" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Rebuilding America’s Infrastructure.", "id": "H2D9A0B1287654ED38109004E9EFECB53", "header": "Short title" }, { "text": "2. Findings and purposes definitions \n(a) Findings \nThe Congress finds as follows: (1) Citizens chronically complain about the state of America’s public capital—about dilapidated school buildings, condemned highway bridges, contaminated water supplies, and other shortcomings of the public infrastructure. (2) In addition to inflicting inconvenience and endangering health, the inadequacy of the public infrastructure adversely affects productivity and the growth of the economy since public investment, private investment, and productivity are intimately linked. (3) For more than 2 decades, the United States Government has retreated from public investment. (4) State and local governments, albeit to a lesser extent, have also slowed public investments and State and local taxpayers are frequently reluctant to approve bond issues to finance public infrastructure. (5) In the early 1970s, nondefense public investment accounted for about 3.2 percent of gross domestic product but it now accounts for only 2.5 percent. (6) Widespread neglect of maintenance has contributed substantially to the failure of the stock of public capital assets to keep pace with the Nation’s needs. (7) Net of depreciation, the real nondefense public capital stock expanded in the past 2 decades at a pace only half that set earlier in the post-World War II period. (8) Evidence of failures to maintain and improve infrastructure is seen every day in such problems as unsafe bridges, urban decay, dilapidated and over-crowded schools, and inadequate airports. (9) The State departments of education collected data that reveals at least $300,000,000,000 worth of unmet school infrastructure needs. (10) This Act— (A) is designed to help the Nation take a significant step forward both in overcoming its infrastructure deficit and in promoting the productivity needed to meet the competitive challenges of the 21st century; and (B) represents fiscally sound planning and, in salient ways, advances sound fiscal and monetary operations. (b) Purposes \nThe purposes of this Act are as follows: (1) To provide up to $50,000,000,000 a year on average for mortgage loans, at zero percent interest, to State and local governments for capital investment in types of infrastructure projects specified by Congress in a way that would not affect the conduct of a sound monetary policy based on price stability. (2) To cut the overall cost of investment in infrastructure projects about in half, depending on prevailing interest rates, for State and local taxpayers.", "id": "H03B882FEA2814B62BA80188CBA4B7ECA", "header": "Findings and purposes definitions" }, { "text": "3. Definitions \nFor purposes of this Act, the following definitions apply: (1) Bank \nThe term Bank means the Federal Bank for Infrastructure Modernization established under section 4. (2) Board \nThe term Board means the Board of Governors of the Federal Reserve System. (3) Development \nThe terms development and develop mean, with respect to an infrastructure facility, any— (A) preconstruction planning, feasibility review, permitting and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, replacement, or expansion. (4) Indian reservation \nThe term Indian reservation has the same meaning as in section 4 of the Indian Child Welfare Act of 1978 ( 16 U.S.C. 1903 ), and shall include land held by incorporated Native groups, regional corporations, and village corporations, as defined in or established pursuant to the Alaska Native Claims Settlement Act, public domain Indian allotments, and former Indian reservations in the State of Oklahoma. (5) Indian tribe \nThe term Indian tribe means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Infrastructure facility \nThe term infrastructure facility means a road, highway, bridge, tunnel, airport, mass transportation vehicle or system, passenger or freight rail vehicle or system, intermodal transportation facility, waterway, commercial port, drinking or waste water treatment facility, solid waste disposal facility, pollution control system, hazardous waste facility, federally designated national information highway facility, public school, and any ancillary facility which forms a part of any such facility or is reasonably related to such facility, including a facility necessary to comply with the Americans with Disabilities Act of 1990. (7) Regional or multistate organization \nThe term regional or multistate organization means an organization established by an interstate compact between 2 or more States which has been approved by the Congress. (8) Secretary \nThe term Secretary means the Secretary of the Treasury. (9) State \nThe term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territories of the Pacific Islands, the Virgin Islands, the Northern Mariana Islands, and any territory of the United States.", "id": "HB6C1063112EF4A1993D235203896863", "header": "Definitions" }, { "text": "4. Federal Bank for Infrastructure Modernization \n(a) Establishment \n(1) In general \nThere is hereby established a corporation which shall be known as the Federal Bank for Infrastructure Modernization. (2) Status \nThe Bank shall be— (A) an instrumentality of the United States Government; and (B) under the general supervision and direction of the Secretary of the Treasury. (b) Management \n(1) Board of trustees \nThe management of the Bank shall be vested in the Board of Directors of the Federal Financing Bank. (c) Powers \nThe Bank shall have the following powers: (1) To adopt, alter, and use a corporate seal. (2) To issue nonvoting capital stock in accordance with section 5. (3) To enter into contracts and modify, or consent to the modification of, any contract or agreement to which the Bank is a party or in which the Bank has an interest under this section. (4) To appoint, by the board of directors, such officers and employees as the board of directors determines to be necessary to carry out the provisions of this Act, to define their duties, fix their compensation, require bonds of them and fix the penalty thereof, and to dismiss at pleasure such officers or employees. (5) To make advance, progress, or other payments. (6) To acquire, hold, lease, mortgage, maintain, or dispose of, at public or private sale, real and personal property, using any legally available private sector methods, and otherwise exercise all the usual incidents of ownership of property necessary and convenient to the operations of the Bank. (7) To sue and be sued in its corporate capacity in any court of competent jurisdiction. (8) To use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (9) To prescribe bylaws that shall be consistent with law. (10) To make loans in accordance with section 7, subject to the requirements of such section.", "id": "H4CB2FD3FCBAA491FBCDAF0323C21F456", "header": "Federal Bank for Infrastructure Modernization" }, { "text": "5. Capitalization of the Bank \n(a) Issuance and sale of stock \nThe Bank may— (1) issue nonvoting capital stock under section 4(c)(2) only at such times and in such amounts as— (A) the Secretary determines to be appropriate for the issuance of such stock; and (B) the Board determines to be appropriate for the purchase of such stock; and (2) sell such stock only to the Board or, at the Board’s direction, a Federal reserve bank. (b) Purchase of capital stock by Federal reserve Board \n(1) In general \nDuring the 10-year period beginning on the first day of the first fiscal year that begins after the date of the enactment of this Act, and subject to subsection (c) and the direction of the Federal Open Market Committee, the Board of Governors of the Federal Reserve System, acting directly or through any Federal reserve bank, shall invest in nonvoting capital stock of the Bank at such times and in such amounts as the Board determines to be appropriate under this section. (2) Average annual investment amount \nThe amount invested by the Board in the capital stock of the Bank under this subsection shall average $50,000,000,000 a year over the 10-year period of investment in the Bank described in paragraph (1). (c) Integration of stock purchases into open-market operations \n(1) In general \nThe investment of the Board in stock of the Bank under this section shall be integrated into the open-market operations of the Federal Open Market Committee under section 12A of the Federal Reserve Act ( 12 U.S.C. 263 ) and the directions of the Federal Open Market Committee to the Federal reserve banks with regard to open-market operations shall take into account, and may include directions with regard to, any such investment. (2) Treatment of stock \nCapital stock of the Bank shall be treated as obligations of an agency of the United States for purposes of section 14(b)(2) of the Federal Reserve Act ( 12 U.S.C. 355 ). (d) Use of capital \nThe capital of the Bank may be used only for making loans under section 7. (e) Retirement of stock \nNonvoting stock issued under this section shall be repurchased and retired from amount received from the repayment of loans under section 7.", "id": "HFF6ED534C6204273BBA2A25E1B246307", "header": "Capitalization of the Bank" }, { "text": "6. Budget treatment \n(a) Nonapplicability of provisions applicable to receipt and expenditures of revenue and borrowed funds \nFor purposes of title 31, United States Code, the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Budget Enforcement Act of 1990, or any other provision of law— (1) amounts received by the Bank in connection with the sale of stock pursuant to section 5 shall not be treated as revenue when it is received or made available to the Bank nor shall it be treated as revenue by the Bank or by the Secretary of the Treasury when the loans referred to in section 7 are repaid; (2) the purchase or sale of stock pursuant to section 5 and the interest-free loan program established under section 7— (A) shall not be treated as budget authority, new budget authority, budgetary resources, spending authority, new spending authority, entitlement authority, or credit authority; (B) shall not be subject to apportionment or sequestration other than in accordance with the provisions of sections 4, 5, and 7; and (C) shall not be taken into account in the determination of the baseline for any fiscal year; and (3) the disbursement of money paid by the Board or received by the Bank in connection with the purchase or sale of stock pursuant to section 5 shall not be treated as an outlay or a budget outlay. (b) Expenditure of tax revenue or borrowed funds not authorized \nNo provision of this Act shall be construed as authorizing the expenditure of funds derived from revenues imposed and collected by the United States Government under any provision of law or from amounts borrowed by the United States Government pursuant to chapter 31 of title 31, United States Code, or any other provision of law.", "id": "H8DFB77D20E4A4A82B356E0CA091D2CF1", "header": "Budget treatment" }, { "text": "7. Issuance of infrastructure loans \n(a) In general \nThe Bank may make loans to eligible borrowers for the development of infrastructure facilities, if the Bank obtains such assurances as the Bank determines to be appropriate from the borrower that— (1) the funding of the project by the Bank was approved by— (A) a State certifying officer, in the case of an infrastructure facility development project proposed by a governmental unit within such State; (B) the Secretary of the Interior, in the case of a project proposed by an Indian tribe; or (C) the State certifying officer of each State involved, in the case of an infrastructure facility development project proposed by a regional or multistate organization; (2) the proceeds of such loan will be used solely for the purpose of funding the development of any infrastructure facility; (3) the borrower will establish and maintain over the life of the loan a sinking fund or other amortizing mechanism that would ensure that the repayment of the principal of the loan will be made in accordance with the repayment schedule contained in the loan documents; and (4) the Bank will have full access to such books and records of the borrower as the Bank may, from time to time, determine to be necessary to audit the borrower’s compliance with the terms and conditions of the loan. (b) No interest \nAny loan made under this Act shall bear no interest. (c) Loan requirements \n(1) Aggregate annual loan amounts \nThe aggregate amount of loan commitments made by the Bank in any year shall equal the amount of the investment by the Board in the capital stock of the Bank in such year. (2) Investment in public school infrastructure \nThe Secretary shall set up lending guidelines for loans under this section to ensure that 20 percent of the total amount of all loans made to States, units of general local government, or Indian reservations are dedicated to investment in public school infrastructure and facilities or other public educational facilities. (d) Allocation formula \n(1) In general \nThe Secretary shall establish an allocation formula, on the basis of the total population of each State and Indian reservation, to determine the manner in which the total amount of loan disbursements which may be made in any year shall be allocated among the States and Indian tribes. (2) Regional or multistate organization \nIn developing an allocation formula, the Secretary shall provide for the allocation of loans to regional or multistate organizations through appropriate adjustments of allocated amounts to the States which established any such regional or multistate organization.", "id": "H67185E188EA44238A8AAC2595F032397", "header": "Issuance of infrastructure loans" }, { "text": "8. Borrower eligibility \n(a) In general \nSubject to subsections (b) and (c), any State, any unit of general local government of a State, any Indian tribe, and any regional or multistate organization shall be eligible to borrow from the Bank under this Act to fund the development of infrastructure facilities. (b) State certifying officer \nNo loans may be made to any State or any unit of general local government of any State, or to any regional or multistate organization to which such State is a party, unless the State has authorized an officer of the State to— (1) review all proposals by any officer or agency of the State or any unit of general local government to develop an infrastructure facility for which funding is sought from the Bank; (2) select and approve the proposals which meet the requirements of this Act for funding by the Bank consistent with the allocation formula established by the Secretary of the Treasury, including requirements of the Bank with regard to— (A) the establishment of sinking funds or other amortizing mechanisms to ensure timely repayment of any loan; and (B) the auditing of the books and records of the recipient of the loan; and (3) ensure that— (A) all proposals are financially responsible; and (B) proposing parties have not previously defaulted on any loan by the Bank under this Act. (c) Secretary of the Interior \nNo loans may be made to any Indian tribe unless the Secretary of the Interior undertakes to— (1) review all proposals by any Indian tribe to develop an infrastructure facility for which funding is sought from the Bank; and (2) select and approve the proposals which meet the requirements of this Act for funding by the Bank consistent with the allocation formula established by the Secretary of the Treasury, including requirements of the Bank with regard to— (A) the establishment of sinking funds or other amortizing mechanisms to ensure timely repayment of any loan; and (B) the auditing of the books and records of the recipient of a loan.", "id": "H86318658985F4A369D44C3B3A7C68973", "header": "Borrower eligibility" }, { "text": "9. Made in america \n(a) Findings \nThe Congress finds the following: (1) Illegal steel dumping in domestic steel markets has eroded the market for domestic steel. (2) The result of this erosion of the domestic steel market has been the recent string of bankruptcies and mill closings of steel companies. (3) Thousands of steel workers have lost their jobs as a result of the bankruptcies and mill closings. (4) There are precedents for requirements that domestic steel and iron products be used in cases where Federal monies are involved in infrastructure projects. (b) Buy america \n(1) In general \nNo loan may be issued for any infrastructure facility development project unless the Bank receives assurances from the appropriate State certifying officer described in subsection (a)(1) or the Secretary of the Interior, as the case may be, that the project meets the requirements of the Buy America Act. (2) Regulations \nThe Secretary shall prescribe such regulations as the Secretary determines appropriate to carry out this section. (3) Iron and steel products \nIf any iron or steel product is involved in any infrastructure facility development project, such product does not meet the requirement of this section unless all manufacturing processes involved in the production of such product, including the application of any coating, have taken place within the United States.", "id": "H8C77FBCE64D34AF595ED90F9CE00F6BC", "header": "Made in america" }, { "text": "10. Labor standards \n(a) In general \nAll laborers and mechanics employed by contractors or subcontractors in the performance of any contract and subcontract for the construction, repair, renovation, or alteration, including painting and decorating, of any infrastructure facility development project that is financed in whole or in part by a loan under this Act, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act , 40 U.S.C. 276a—276a–5). The Secretary of Labor shall have the authority and functions set forth in Reorganization Plan of No. 14 of 1950 (64 Stat. 1267) and section 2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback Act) ( 40 U.S.C. 276c ). (b) Voluntary project labor agreements \n(1) In general \nAny eligible borrower, as defined in section 8 of this Act, may require that every contractor or subcontractor on a project assisted by a loan under this Act agree, for that project only, to negotiate or become a party to a project labor agreement with 1 or more appropriate labor organizations. The borrower has complete discretion whether to include such a requirement— (A) where a project labor agreement will advance the procurement interest of the borrower in cost, efficiency, and quality and in promoting labor-management stability as well as compliance with applicable legal requirements governing safety and health, equal employment opportunity, labor and employment standards, and other matters; and (B) where no laws applicable to the specific construction project preclude the use of the proposed project labor agreement. (2) Requirements \nAny project labor agreement reached pursuant to this section— (A) shall bind all contractors and subcontractors on the construction project through the inclusion of appropriate clauses in all relevant solicitation provisions and contract documents; (B) shall allow all contractors and subcontractors wishing to compete for contracts and subcontracts on the project to do so, without discrimination against contractors, subcontractors, or employees based on union or nonunion status; (C) shall contain guarantees against strikes, lockouts, and similar work disruptions; (D) shall set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the project; (E) shall provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and (F) shall fully conform to all applicable statutes and regulations. (3) Voluntary agreements \nNo provision of this section may be construed as— (A) requiring a borrower to use a project labor agreement on any project; (B) precluding use of a project labor agreement in circumstances not covered under this section; or (C) requiring contractors to enter into a project labor agreement with any particular labor organization. (c) Rule of construction \nNo provision of this section may be construed as creating any right or benefit, substantive or procedural, enforceable by a non-Federal party against the United States, its departments, agencies or instrumentalities, its officers or employees, or any other person, including the borrower.", "id": "H594A41424CC847F0A5EC42E95FD979C6", "header": "Labor standards" }, { "text": "11. Administrative provisions \n(a) Minimum phase-in period \nLoans made under section 7 shall be disbursed by the Bank immediately or over the construction or development period of the project as needed so as to accommodate more loan requests. The payout in any given year shall be no less than 20 percent of the total amount authorized. (b) Period to maturity \nThe period to maturity of any loan made under section 7 shall not be less than 10 years nor more than 30 years, at the discretion of the borrower, but may be paid earlier. (c) Administrative fees \nThe Bank shall impose an administrative fee of not more than one-quarter of 1 percent on each recipient of a loan, sufficient to cover administrative costs incurred by the Bank, including overhead, in administering such loan. (d) Collection of principal and fees \nThe Bank shall enforce collection of any loan in which 2 or more payments are due and payable. To that end, the Bank shall be empowered to enter Federal district court to seek an order to attach property of the borrower, up to the amount necessary to end the delinquency. The cost of collection shall be added to the balance of the loan. The borrower shall continue to make semiannual payments of the same amount until the entire balance, including fees, is paid.", "id": "HA863A7C447E342619DC6D8C6D34E6E6C", "header": "Administrative provisions" }, { "text": "12. Abolishment of Bank \n(a) Winding up operations \nThe Bank shall wind up the affairs of the Bank during the 6-month period ending on the date the last outstanding loan issued by the Bank under this Act is repaid. (b) Bank abolished \nEffective at the end of the 30-day period beginning on the date described in subsection (a), the Bank is hereby abolished.", "id": "HDEC8D0CB764841E39ECEA6C2A93CEE63", "header": "Abolishment of Bank" } ]

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

[ { "text": "1. Availability of NOAA real property on Virginia Key, Florida \n(a) In general \nThe Secretary of Commerce may make available to the University of Miami real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for use by the University for a Marine Life Science Center. (b) Terms of availability \nThe Secretary may make property available under this section by easement, lease, license, or long-term agreement with the University. (c) Authorized uses \nProperty made available under this section may be used by the University to develop and operate facilities for multidisciplinary environmental and fisheries research, assessment, management, and educational activities. (d) Use of facilities \nThe Secretary may— (1) subject to the availability of appropriations, lease facilities constructed by the University on property made available under this section; and (2) participate with the University in collaborative research at, or administered through, such facilities.", "id": "H471BBA7A6C6A474191B99E3221296FF6", "header": "Availability of NOAA real property on Virginia Key, Florida" } ]

[ { "text": "That section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: (35) A separate statement setting forth the estimated unfunded liability, if any, of each program— (A) as of the close of the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission); (B) as of the close of the prior fiscal year; and (C) for the 20-fiscal-year period and for the 75-fiscal-year period beginning with the fiscal year for which the budget is submitted (assuming enactment of the estimated expenditures and proposed appropriations set forth in the President’s budget submission)..", "id": "HF36B85FA765B4F30941E38F7471F0788", "header": null } ]

[ { "text": "1. Classification of alien children receiving medical treatment in United States as immediate relatives to avoid extreme hardship to themselves or their immediate relative alien parents \n(a) In general \nSection 201(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A) ) is amended by adding at the end the following new clause: (iii) A child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) of an alien parent who is classified as an immediate relative under paragraph (2)(A)(i) may be classified as an immediate relative for purposes of this subsection, if the Secretary of Homeland Security determines, on the basis of a petition that is filed on behalf of the child under section 204(a)(1)(A)(vii), that— (I) the child is in the United States and is accompanied by the alien parent; (II) in consultation with the Secretary of Health and Human Services, the child is receiving medical treatment which is unavailable outside the United States; and (III) such classification is necessary to avoid extreme hardship to the child or parent.. (b) Petitioning procedure \nSection 204(a)(1)(A) of such Act ( 8 U.S.C. 1154(a)(1)(A) ) is amended by adding at the end the following new clause: (vii) An alien may file a petition with the Secretary of Homeland Security for classification of a child of such alien as an immediate relative under clause (iii) of section 201(b)(2)(A), if the alien is a parent of the child and a petition for classification of the alien as an immediate relative parent under clause (i) of such section has been filed under clause (i) of this subparagraph.. (c) Conforming amendment \nSection 201(f)(1) of such Act ( 8 U.S.C. 1151(f)(1) ) is amended by striking (b)(2)(A)(i) and inserting (b)(2)(A) each place it appears.", "id": "H8FE9E06F5326427B86195598ACB1209", "header": "Classification of alien children receiving medical treatment in United States as immediate relatives to avoid extreme hardship to themselves or their immediate relative alien parents" } ]

[ { "text": "1. Findings \nCongress finds as follows: (1) Ukraine allows its citizens the right and opportunity to emigrate, free of any heavy tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of such citizens to emigrate to the country of their choice. (2) Ukraine has received normal trade relations treatment since 1992 and has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 since 1994. (3) Since the establishment of an independent Ukraine in 1991, Ukraine has made substantial progress toward the creation of democratic institutions and a free-market economy. (4) Ukraine has committed itself to ensuring freedom of religion, respect for rights of minorities, and eliminating intolerance and has been a paragon of inter-ethnic cooperation and harmony, as evidenced by the annual human rights reports of the Organization for Security and Cooperation in Europe (OSCE) and the United States Department of State. (5) Ukraine has taken major steps toward global security by ratifying the Treaty on the Reduction and Limitation of Strategic Offensive Weapons (START I) and the Treaty on the Non-Proliferation of Nuclear Weapons, subsequently turning over the last of its Soviet-era nuclear warheads on June 1, 1996, and agreeing, in 1998, not to assist Iran with the completion of a program to develop and build nuclear breeding reactors, and has fully supported the United States in nullifying the Anti-Ballistic Missile (ABM) Treaty. (6) At the Madrid Summit in 1997, Ukraine became a member of the North Atlantic Cooperation Council of the North Atlantic Treaty Organization (NATO), and has been a participant in the Partnership for Peace (PfP) program since 1994. (7) Ukraine is a peaceful state which established exemplary relations with all neighboring countries, and consistently pursues a course of European integration with a commitment to ensuring democracy and prosperity for its citizens. (8) Ukraine has built a broad and durable relationship with the United States and has been an unwavering ally in the struggle against international terrorism that has taken place since the attacks against the United States that occurred on September 11, 2001. (9) Ukraine has concluded a bilateral trade agreement with the United States that entered into force on June 23, 1992, and is in the process of acceding to the World Trade Organization.", "id": "H5C44106458654E5FBA0000355D74077B", "header": "Findings" }, { "text": "2. Termination of application of title IV of the Trade Act of 1974 to the products of Ukraine \n(a) Presidential determinations and extension of nondiscriminatory treatment \nNotwithstanding any provision of title IV of the Trade Act of 1974 ( 19 U.S.C. 2431 et seq. ), the President may— (1) determine that such title should no longer apply to Ukraine; and (2) after making a determination under paragraph (1) with respect to Ukraine, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country. (b) Termination of applicability of title IV \nOn and after the effective date under subsection (a) of the extension of nondiscriminatory treatment to the products of Ukraine, title IV of the Trade Act of 1974 shall cease to apply to that country.", "id": "HD50F1E0F8F23455D929E1028247DEE51", "header": "Termination of application of title IV of the Trade Act of 1974 to the products of Ukraine" } ]

[ { "text": "1. Suspension of duty on 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-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 9902.32.04 and inserting the following: 9902.32.04 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt (CAS No. 155522-05-7) (provided for in subheading 3402.16.30) 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 2,7-Naphthalenedisulfonic acid,5-[[4-chloro-6-[[3-[[8-[4-fluoro-6- (methylphenylamino)-1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-4-sulfophenyl],amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[(1-sulfo-2-naphthalenyl)azo]-sodium salt" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Federal Hydroelectric and Environmental Enhancement Act of 2004.", "id": "H9D0B73CE0BA24DE094903400F8E0A4F5", "header": "Short title" }, { "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" }, { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Microenterprise Results and Accountability Act of 2004.", "id": "H5EF02C95739B4869B9654152CC4FC65B", "header": "Short title" }, { "text": "2. Findings and Policy \nCongress finds and declares the following: (1) Congress has demonstrated its support for microenterprise development assistance programs through the enactment of two comprehensive microenterprise laws: (A) The Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106–309 ; 114 Stat. 1082). (B) Public Law 108-31 (an Act entitled An Act to amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance program under those Acts, and for other purposes , approved June 17, 2003). (2) The United States Agency for International Development, the agency responsible for implementing microenterprise development assistance programs authorized under sections 108 and 131 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f and 2152a), is not presently organized to adequately coordinate, implement, and monitor such programs, as evidenced by the late submission by the Agency of the report required by section 108 of the Microenterprise for Self-Reliance Act of 2000. (3) The Comptroller General, in a report dated November 2003, found that the United States Agency for International Development has met some, but not all, of the key objectives of such microenterprise development assistance programs. (4) The Comptroller General's report found, among other things, the following: (A) Microenterprise development assistance generally can help alleviate some impacts of poverty, improve income levels and quality of life for borrowers and provide poor individuals, workers, and their families with an important coping mechanism. (B) Although studies and academic analyses funded by the United States Agency for International Development have found that microenterprise activities generally serve the poor clustered around the poverty line, few loans appear to be reaching the very poor. (C) Microenterprise development assistance programs of the United States Agency for International Development have encouraged women's participation in microfinance projects and, according to data of the Agency, women have comprised two-thirds or more of the micro-loan clients in Agency-funded microenterprise projects since 1997. (5)(A) The Comptroller General's report recommends that the Administrator of the United States Agency for International Development review the Agency's “microenterprise results reporting” system with the goal of ensuring that its annual reporting is complete and accurate. (B) Specifically, the Administrator should review and reconsider the methodologies used for the collection, analysis, and reporting of data on annual spending targets, outreach to the very poor, sustainability of microfinance institutions, and the contribution of Agency's funding to the institutions it supports.", "id": "H0A8088DD4B0441AE8BD678FA1CE1CB4", "header": "Findings and Policy" }, { "text": "3. Microenterprise Development Assistance \nChapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2166 et seq. ) is amended by inserting after title V the following new title: VI Microenterprise Development Assistance \n251. Findings and policy \nCongress finds and declares the following: (1) Access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems. (2) It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries. (3) Access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial services. (4) Given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor. (5) Microenteprise programs have been successful and should continue to empower vulnerable women in the developing world. Such programs should take into account the risks faced by women who are potential victims of severe forms of trafficking and the need for assistance for women who become victims of severe forms of trafficking, as provided for in section 106(a)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(a)(1) ; Public Law 106–386 ). 252. Authorization; Implementation; Targeted Assistance \n(a) Authorization \nThe President is authorized to provide assistance on a grant basis for programs in developing countries to increase the availability of credit, savings, and other services to microenterprises lacking full access to capital, training, technical assistance, and business development services, through— (1) grants to microfinance institutions for the purpose of expanding the availability of credit, savings, and other financial services to microentreprise clients; (2) grants to microenterprise institutions for the purpose of training, technical assistance, and business development services for microenterprises to enable them to make better use of credit, to better manage their enterprises, and to increase their income and build their assets; (3) capacity-building for microenterprise institutions in order to enable them to better meet the credit, savings, and training needs of microentreprise clients; and (4) policy and regulatory programs at the country level that improve the environment for microentreprise clients and microenterprise institutions that serve the poor and very poor. (b) Implementation \n(1) Office of microenterprise development \n(A) Establishment \nThere is established within the Agency an Office of Microenterprise Development, which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development. (B) Duties \nThe Office shall coordinate and be responsible for the provision of assistance under this title. (2) Assistance through grants to eligible organizations \nAssistance under subsection (a) shall be provided through grants executed, approved, or reviewed by the Office to eligible implementing partner organizations that have a capacity to develop and implement microenterprise programs. (3) Review and approval \nWith respect to assistance under subsection (a) that is furnished through field missions of the Agency, the Office shall be responsible for— (A) reviewing or approving each grant agreement prior to obligation of funds under the agreement in order to ensure that activities to be carried out using such funds are efficacious, technically sound, and suitable for the economic and security climate of the country or region where the activities will be conducted; and (B) approving microenterprise development components of strategic plans of missions, bureaus, and offices of the Agency. (c) Targeted Assistance \nIn carrying out sustainable poverty-focused programs under subsection (a), 50 percent of all microenterprise resources shall be targeted to very poor clients, defined as those individuals living in the bottom 50 percent below the poverty line as established by the national government of the country. Specifically, such resources shall be used for— (1) support of programs under this section through practitioner institutions that— (A) provide credit and other financial services to clients who are very poor, with loans in 1995 United States dollars of— (i) $1,000 or less in the Europe and Eurasia region; (ii) $400 or less in the Latin America region; and (iii) $300 or less in the rest of the world; and (B) can cover their costs in a reasonable time period; or (2) demand-driven business development programs that achieve reasonable cost recovery that are provided to clients holding poverty loans (as defined by the regional poverty loan limitations in paragraph (1)(A)), whether they are provided by microfinance institutions or by specialized business development services providers. (d) Support for Central Mechanisms \nThe Administrator should increase the use of central mechanisms through microenterprise, microfinance, and practitioner institutions in the implementation of this title. 253. Monitoring system \n(a) Establishment \nIn order to maximize the sustainable development impact of assistance authorized under section 252(a), the Administrator of the Agency, acting through the Director of the Office, shall establish a monitoring system that meets the requirements of subsection (b). (b) Requirements \nThe requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1) and the objectives of the assistance authorized under section 252. (3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women. (4) The monitoring system adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive adequate access to microenterprise loans, savings, and assistance. 254. Development and certification of poverty measurement methods; application of methods \n(a) Development and Certification \n(1) In general \nThe Administrator of the Agency, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low-cost methods for eligible implementing partner organizations to use to assess the poverty levels of their current or prospective clients. The Administrator shall develop poverty indicators that correlate with the circumstances of the very poor. (2) Field testing \nThe Administrator shall field-test the methods developed under paragraph (1). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor. (3) Certification \nNot later than October 1, 2004, the Administrator shall, from among the low-cost poverty measurement methods developed under paragraph (1), certify no fewer than two such methods as approved methods for measuring the poverty levels of current or prospective clients of microenterprise institutions for purposes of assistance under section 252. (b) Application \nThe Administrator shall require that, with reasonable exceptions, all eligible implementing partner organizations applying for microenterprise assistance under this title use one of the certified methods, beginning not later than October 1, 2005, to determine and report the poverty levels of current or prospective clients. 255. Authorization of appropriations; Additional authorities \n(a) Authorization of Appropriations \nThere are authorized to be appropriated to the President to carry out this subtitle $200,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal year 2006. (b) Additional Authorities \n(1) Amounts appropriated pursuant to the authorization of appropriations under subsection (a)— (A) may be referred to as the Microenterprise Development Assistance Account ; (B) shall be allocated to the Office, and upon approval by the Director of the Office, may be reallocated to field missions of the Agency in furtherance of the purposes of this title; (C) are authorized to remain available until expended; and (D) are in addition to amounts otherwise available for such purposes. (2) Notwithstanding any other provision of law, amounts made available for assistance for microenterprise development assistance under any provision of law other than this title may be provided to further the purposes of this title. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under section 258, a detailed description of such assistance and, to the extent applicable, the information required by paragraphs (1) through (9) of subsection (b) of such section with respect to such assistance..", "id": "H26B95A76E224405D829FE096D1267755", "header": "Microenterprise Development Assistance" }, { "text": "251. Findings and policy \nCongress finds and declares the following: (1) Access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems. (2) It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries. (3) Access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial services. (4) Given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor. (5) Microenteprise programs have been successful and should continue to empower vulnerable women in the developing world. Such programs should take into account the risks faced by women who are potential victims of severe forms of trafficking and the need for assistance for women who become victims of severe forms of trafficking, as provided for in section 106(a)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(a)(1) ; Public Law 106–386 ).", "id": "H2961635F48834B21B25E146ED907CB68", "header": "Findings and policy" }, { "text": "252. Authorization; Implementation; Targeted Assistance \n(a) Authorization \nThe President is authorized to provide assistance on a grant basis for programs in developing countries to increase the availability of credit, savings, and other services to microenterprises lacking full access to capital, training, technical assistance, and business development services, through— (1) grants to microfinance institutions for the purpose of expanding the availability of credit, savings, and other financial services to microentreprise clients; (2) grants to microenterprise institutions for the purpose of training, technical assistance, and business development services for microenterprises to enable them to make better use of credit, to better manage their enterprises, and to increase their income and build their assets; (3) capacity-building for microenterprise institutions in order to enable them to better meet the credit, savings, and training needs of microentreprise clients; and (4) policy and regulatory programs at the country level that improve the environment for microentreprise clients and microenterprise institutions that serve the poor and very poor. (b) Implementation \n(1) Office of microenterprise development \n(A) Establishment \nThere is established within the Agency an Office of Microenterprise Development, which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development. (B) Duties \nThe Office shall coordinate and be responsible for the provision of assistance under this title. (2) Assistance through grants to eligible organizations \nAssistance under subsection (a) shall be provided through grants executed, approved, or reviewed by the Office to eligible implementing partner organizations that have a capacity to develop and implement microenterprise programs. (3) Review and approval \nWith respect to assistance under subsection (a) that is furnished through field missions of the Agency, the Office shall be responsible for— (A) reviewing or approving each grant agreement prior to obligation of funds under the agreement in order to ensure that activities to be carried out using such funds are efficacious, technically sound, and suitable for the economic and security climate of the country or region where the activities will be conducted; and (B) approving microenterprise development components of strategic plans of missions, bureaus, and offices of the Agency. (c) Targeted Assistance \nIn carrying out sustainable poverty-focused programs under subsection (a), 50 percent of all microenterprise resources shall be targeted to very poor clients, defined as those individuals living in the bottom 50 percent below the poverty line as established by the national government of the country. Specifically, such resources shall be used for— (1) support of programs under this section through practitioner institutions that— (A) provide credit and other financial services to clients who are very poor, with loans in 1995 United States dollars of— (i) $1,000 or less in the Europe and Eurasia region; (ii) $400 or less in the Latin America region; and (iii) $300 or less in the rest of the world; and (B) can cover their costs in a reasonable time period; or (2) demand-driven business development programs that achieve reasonable cost recovery that are provided to clients holding poverty loans (as defined by the regional poverty loan limitations in paragraph (1)(A)), whether they are provided by microfinance institutions or by specialized business development services providers. (d) Support for Central Mechanisms \nThe Administrator should increase the use of central mechanisms through microenterprise, microfinance, and practitioner institutions in the implementation of this title.", "id": "HCA0D8FBA53F04D9EAFA7FEA918C90217", "header": "Authorization; Implementation; Targeted Assistance" }, { "text": "253. Monitoring system \n(a) Establishment \nIn order to maximize the sustainable development impact of assistance authorized under section 252(a), the Administrator of the Agency, acting through the Director of the Office, shall establish a monitoring system that meets the requirements of subsection (b). (b) Requirements \nThe requirements referred to in subsection (a) are the following: (1) The monitoring system establishes performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible. (2) The monitoring system establishes performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1) and the objectives of the assistance authorized under section 252. (3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women. (4) The monitoring system adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive adequate access to microenterprise loans, savings, and assistance.", "id": "H6F07D999B5334964B094685F8CCDCB98", "header": "Monitoring system" }, { "text": "254. Development and certification of poverty measurement methods; application of methods \n(a) Development and Certification \n(1) In general \nThe Administrator of the Agency, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low-cost methods for eligible implementing partner organizations to use to assess the poverty levels of their current or prospective clients. The Administrator shall develop poverty indicators that correlate with the circumstances of the very poor. (2) Field testing \nThe Administrator shall field-test the methods developed under paragraph (1). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor. (3) Certification \nNot later than October 1, 2004, the Administrator shall, from among the low-cost poverty measurement methods developed under paragraph (1), certify no fewer than two such methods as approved methods for measuring the poverty levels of current or prospective clients of microenterprise institutions for purposes of assistance under section 252. (b) Application \nThe Administrator shall require that, with reasonable exceptions, all eligible implementing partner organizations applying for microenterprise assistance under this title use one of the certified methods, beginning not later than October 1, 2005, to determine and report the poverty levels of current or prospective clients.", "id": "H169D4AC5855E4035004E00C8B91D005C", "header": "Development and certification of poverty measurement methods; application of methods" }, { "text": "255. Authorization of appropriations; Additional authorities \n(a) Authorization of Appropriations \nThere are authorized to be appropriated to the President to carry out this subtitle $200,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal year 2006. (b) Additional Authorities \n(1) Amounts appropriated pursuant to the authorization of appropriations under subsection (a)— (A) may be referred to as the Microenterprise Development Assistance Account ; (B) shall be allocated to the Office, and upon approval by the Director of the Office, may be reallocated to field missions of the Agency in furtherance of the purposes of this title; (C) are authorized to remain available until expended; and (D) are in addition to amounts otherwise available for such purposes. (2) Notwithstanding any other provision of law, amounts made available for assistance for microenterprise development assistance under any provision of law other than this title may be provided to further the purposes of this title. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under section 258, a detailed description of such assistance and, to the extent applicable, the information required by paragraphs (1) through (9) of subsection (b) of such section with respect to such assistance.", "id": "H73E4A083A81E49EBBC171CE8517EE267", "header": "Authorization of appropriations; Additional authorities" }, { "text": "4. Microenterprise development credits \n(a) Transfer \nSection 108 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151f ) is hereby— (1) transferred from chapter 1 of part I of the Foreign Assistance Act of 1961 to title VI of chapter 2 of part I of such Act (as added by section 3 of this Act); and (2) inserted after section 255 of the Foreign Assistance Act of 1961. (b) Redesignation \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by redesignating section 108 (as added by subsection (a)) as section 256. (c) Conforming Amendments \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by inserting after the title heading the following: A Grant Assistance \n; (2) by inserting after section 255 the following: B Credit Assistance \n; and (3) in section 256 (as redesignated by subsection (b))— (A) in the matter preceding paragraph (1) of subsection (c), by striking Administrator of the agency primarily responsible for administering this part and inserting Administrator of the Agency ; and (B) in subsection (f)(1)— (i) by striking section 131 and inserting this part ; and (ii) by striking 2001 through 2004 and inserting 2005 and 2006.", "id": "HE599486544AE4B658983F3AB156F706", "header": "Microenterprise development credits" }, { "text": "5. United States Microfinance Loan Facility \n(a) Transfer \nSection 132 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152b ) is hereby— (1) transferred from chapter 1 of part I of the Foreign Assistance Act of 1961 to title VI of chapter 2 of part I of such Act (as added by section 3 of this Act); and (2) inserted after section 256 of the Foreign Assistance Act of 1961 (as added by section 4 of this Act). (b) Redesignation \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by redesignating section 132 (as added by subsection (a)) as section 257. (c) Conforming Amendments \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by inserting after section 256 the following: C United States Microfinance Loan Facility \n; and (2) in section 257 (as redesignated by subsection (b))— (A) in subsection (b)(3), by striking 2001 and 2002 and inserting 2005 and 2006 ; (B) in the matter preceding subparagraph (A) of subsection (d)(1), by striking the fiscal year 2001 and inserting each of the fiscal years 2005 and 2006 ; and (C) by striking subsection (e).", "id": "HD4FC9D8FFE2C460DA4A74D6F026D9400", "header": "United States Microfinance Loan Facility" }, { "text": "6. Miscellaneous provisions \nTitle VI of chapter 2 of part I of the Foreign Assistance Act of 1961 (as added by section 3 of this Act and amended by sections 4 and 5 of this Act) is further amended by adding at the end the following new subtitle: D Miscellaneous Provisions \n258. Report \n(a) In General \nNot later than December 31, 2005, and each December 31 thereafter, the Administrator of the Agency shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this title for the previous fiscal year. (b) Contents \nThe report shall contain the following: (1) The number of grants provided under section 252, with a listing of— (A) the amount of each grant; (B) the name of each implementing partner organization; and (C) a listing of the number of countries receiving assistance authorized by sections 252. (2) The results of the monitoring system required under section 253. (3) The process of developing and applying poverty assessment procedures required under section 254. (4) The percentage of assistance furnished under section 252 that was allocated to the very poor based on the data collected using the certified methods required by section 254. (5) The absolute number of the very poor reached with assistance furnished under section 252. (6) The amount of assistance provided under section 252 through central mechanisms. (7) The name of each country that receives assistance under section 256 and the amount of such assistance. (8) An estimate of the percentage of beneficiaries of assistance under this title who are women, including, to the extent practicable, the percentage of these women who have been victims of sex trafficking, as well as information on efforts to provide assistance under this title to women who have been victims of severe forms of trafficking or who were previously involved in prostitution. (9) Any additional information relating to the provision of assistance authorized by this title, including the use of the poverty measurement tools required by section 254, or additional information on assistance provided by the United States to support microenterprise development under this title or any other provision of law. (c) Limitation \nThe content of the report required by this section shall be produced by the Office established under section 252(b)(1), and shall be made available for free electronic distribution through such Office. 259. Definition \nIn this title: (1) Administrator \nThe term Administrator means the Administrator of the Agency. (2) Agency \nThe term Agency means the United States Agency for International Development. (3) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (4) Business development services \nThe term business development services means support for the growth of microenterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services. (5) Director \nThe term Director means the Director of the Office. (6) Eligible implementing partner organization \nThe term eligible implementing partner organization means an entity eligible to receive assistance under this title which is— (A) a United States or an indigenous private voluntary organization; (B) a United States or an indigenous credit union; (C) a United States or an indigenous cooperative organization; (D) an indigenous governmental or nongovernmental organization; (E) a microenterprise institution; (F) a microfinance institution; or (G) a practitioner institution. (7) Microenterprise institution \nThe term microenterprise institution means a not-for-profit entity that provides services, including microfinance, training, or business development services, for microentreprise clients in foreign countries. (8) Microfinance institution \nThe term microfinance institution means a not-for-profit entity or a regulated financial intermediary that directly provides, or works to expand, the availability of credit, savings, and other financial services to microentreprise clients in foreign countries. (9) Microfinance network \nThe term ‘microfinance network’ means an affiliated group of practitioner institutions that provides services to its members, including financing, technical assistance, and accreditation, for the purpose of promoting the financial sustainability and societal impact of microenterprise assistance. (10) Office \nThe term Office means the Office of Microenterprise Development established under section 252(b)(1). (11) Practitioner institution \nThe term practitioner institution means a not-for-profit entity or a regulated financial intermediary, including a microfinance network, that provides services, including microfinance, training, or business development services, for microentreprise clients, or provides assistance to microenterprise institutions in foreign countries. (12) Private voluntary organization \nThe term private voluntary organization means a not-for-profit entity that— (A) engages in and supports activities of an economic or social development or humanitarian nature for citizens in foreign countries; and (B) is incorporated as such under the laws of the United States, including any of its states, territories or the District of Columbia, or of a foreign country. (13) United states-supported microfinance institution \nThe term United States-supported microfinance institution means a financial intermediary that has received funds made available under this part for fiscal year 1980 or any subsequent fiscal year. (14) Very poor \nThe term very poor means those individuals— (A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or (B) living on less than the equivalent of $1 per day..", "id": "H3E691501B0E54C02AD92E3C4B90002E2", "header": "Miscellaneous provisions" }, { "text": "258. Report \n(a) In General \nNot later than December 31, 2005, and each December 31 thereafter, the Administrator of the Agency shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this title for the previous fiscal year. (b) Contents \nThe report shall contain the following: (1) The number of grants provided under section 252, with a listing of— (A) the amount of each grant; (B) the name of each implementing partner organization; and (C) a listing of the number of countries receiving assistance authorized by sections 252. (2) The results of the monitoring system required under section 253. (3) The process of developing and applying poverty assessment procedures required under section 254. (4) The percentage of assistance furnished under section 252 that was allocated to the very poor based on the data collected using the certified methods required by section 254. (5) The absolute number of the very poor reached with assistance furnished under section 252. (6) The amount of assistance provided under section 252 through central mechanisms. (7) The name of each country that receives assistance under section 256 and the amount of such assistance. (8) An estimate of the percentage of beneficiaries of assistance under this title who are women, including, to the extent practicable, the percentage of these women who have been victims of sex trafficking, as well as information on efforts to provide assistance under this title to women who have been victims of severe forms of trafficking or who were previously involved in prostitution. (9) Any additional information relating to the provision of assistance authorized by this title, including the use of the poverty measurement tools required by section 254, or additional information on assistance provided by the United States to support microenterprise development under this title or any other provision of law. (c) Limitation \nThe content of the report required by this section shall be produced by the Office established under section 252(b)(1), and shall be made available for free electronic distribution through such Office.", "id": "H869D7DB1E54242BABC63625ED24325D7", "header": "Report" }, { "text": "259. Definition \nIn this title: (1) Administrator \nThe term Administrator means the Administrator of the Agency. (2) Agency \nThe term Agency means the United States Agency for International Development. (3) Appropriate congressional committees \nThe term appropriate congressional committees means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (4) Business development services \nThe term business development services means support for the growth of microenterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services. (5) Director \nThe term Director means the Director of the Office. (6) Eligible implementing partner organization \nThe term eligible implementing partner organization means an entity eligible to receive assistance under this title which is— (A) a United States or an indigenous private voluntary organization; (B) a United States or an indigenous credit union; (C) a United States or an indigenous cooperative organization; (D) an indigenous governmental or nongovernmental organization; (E) a microenterprise institution; (F) a microfinance institution; or (G) a practitioner institution. (7) Microenterprise institution \nThe term microenterprise institution means a not-for-profit entity that provides services, including microfinance, training, or business development services, for microentreprise clients in foreign countries. (8) Microfinance institution \nThe term microfinance institution means a not-for-profit entity or a regulated financial intermediary that directly provides, or works to expand, the availability of credit, savings, and other financial services to microentreprise clients in foreign countries. (9) Microfinance network \nThe term ‘microfinance network’ means an affiliated group of practitioner institutions that provides services to its members, including financing, technical assistance, and accreditation, for the purpose of promoting the financial sustainability and societal impact of microenterprise assistance. (10) Office \nThe term Office means the Office of Microenterprise Development established under section 252(b)(1). (11) Practitioner institution \nThe term practitioner institution means a not-for-profit entity or a regulated financial intermediary, including a microfinance network, that provides services, including microfinance, training, or business development services, for microentreprise clients, or provides assistance to microenterprise institutions in foreign countries. (12) Private voluntary organization \nThe term private voluntary organization means a not-for-profit entity that— (A) engages in and supports activities of an economic or social development or humanitarian nature for citizens in foreign countries; and (B) is incorporated as such under the laws of the United States, including any of its states, territories or the District of Columbia, or of a foreign country. (13) United states-supported microfinance institution \nThe term United States-supported microfinance institution means a financial intermediary that has received funds made available under this part for fiscal year 1980 or any subsequent fiscal year. (14) Very poor \nThe term very poor means those individuals— (A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or (B) living on less than the equivalent of $1 per day.", "id": "HBB0AAF59DC354CD9A36104BC4B1965C0", "header": "Definition" }, { "text": "7. Repeals \n(a) Foreign Assistance Act of 1961 \nSection 131 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152a ) is hereby repealed. (b) Public Law 108-31 \n(1) In general \nSection 4 of Public Law 108–31 ( 22 U.S.C. 2151f note) is amended by striking subsection (b). (2) Conforming amendment \nSection 4 of Public Law 108–31 is amended by striking (a) and all that follows through Not later and inserting Not later.", "id": "H2242A5633B3940B28FBEFB18D3BB272", "header": "Repeals" }, { "text": "8. References \nAny reference in a law, regulation, agreement, or other document of the United States to section 108, 131, or 132 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to subtitle B of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961, subtitle A of title VI of chapter 2 of part I of such Act, or subtitle C of title VI of chapter 2 of part I of such Act, respectively.", "id": "HB48CE8F1D6A24D880019F9B3A9E937E5", "header": "References" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Prevention of Terrorist Access to Destructive Weapons Act of 2004.", "id": "HB41A1637258B41308D50356C0700D59D", "header": "Short title" }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds the following: (1) The criminal use of man-portable air defense systems (MANPADS) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them. (2) Atomic weapons or weapons designed to release radiation ( dirty bombs ) could be used by terrorists to inflict enormous loss of life and damage to property and the environment. (3) Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists. (4) The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. (5) There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus. (b) Purpose \nThe purpose of this Act is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.", "id": "HA29D1D5C92BA4B7D9C1207432552C8BC", "header": "Findings and purpose" }, { "text": "3. Missile systems designed to destroy aircraft \nChapter 113B of title 18, United States Code, is amended by adding after section 2332f the following: 2332g. Missile systems designed to destroy aircraft \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon \nParagraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49, United States Code..", "id": "HEF478B6172264C7AB2E6C3AB3C504D81", "header": "Missile systems designed to destroy aircraft" }, { "text": "2332g. Missile systems designed to destroy aircraft \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to— (i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or (ii) otherwise direct or guide the rocket or missile to an aircraft; (B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or (C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B). (2) Nonweapon \nParagraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon. (3) Excluded conduct \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term aircraft has the definition set forth in section 40102(a)(6) of title 49, United States Code.", "id": "HA98F9C14EEF74E16B7B952955B1258F2", "header": "Missile systems designed to destroy aircraft" }, { "text": "4. Atomic weapons \n(a) Prohibitions \nSection 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) is amended by— (1) inserting at the beginning a. before It ; (2) inserting knowingly after for any person to ; (3) striking or before export ; (4) striking transfer or receive in interstate or foreign commerce, before manufacture ; (5) inserting receive, after acquire, ; (6) inserting , or use, or possess and threaten to use, before any atomic weapon ; (7) inserting at the end the following: b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States; (2) the offense is committed against a national of the United States while the national is outside the United States; (3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.. (b) Violations \nSection 222 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2272 ) is amended by— (1) inserting at the beginning a. before Whoever ; (2) striking , 92, ; and (3) inserting at the end the following: b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for life. If the death of another results from a person’s violation of section 92, the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life..", "id": "H9DC3DAE1728F4320A1235DFA449FB000", "header": "Atomic weapons" }, { "text": "5. Radiological dispersal devices \nChapter 113B of title 18, United States Code, is amended by adding after section 2332g the following: 2332h. Radiological dispersal devices \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life..", "id": "HA495E8CD53894CBCA12E00E8C749ADE7", "header": "Radiological dispersal devices" }, { "text": "2332h. Radiological dispersal devices \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use— (A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or (B) or any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity. (2) Exception \nThis subsection does not apply with respect to— (A) conduct by or under the authority of the United States or any department or agency thereof; or (B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.", "id": "H6BE8C926F4DF48E78C67BC6800133BD2", "header": "Radiological dispersal devices" }, { "text": "6. Variola virus \nChapter 10 of title 18, is amended by inserting after section 175b the following: 175c. Variola virus \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception \nThis subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus..", "id": "H937C5AFA4A324D209071F849CFCA558C", "header": "Variola virus" }, { "text": "175c. Variola virus \n(a) Unlawful conduct \n(1) In general \nExcept as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus. (2) Exception \nThis subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services. (b) Jurisdiction \nConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the offense occurs in or affects interstate or foreign commerce; (2) the offense occurs outside of the United States and is committed by a national of the United States; (3) the offense is committed against a national of the United States while the national is outside the United States; (4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or (5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. (c) Criminal penalties \n(1) In general \nAny person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. (2) Life imprisonment \nAny person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for life. (3) Death penalty \nIf the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life. (d) Definition \nAs used in this section, the term variola virus means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.", "id": "HE2F62CF604C64C9EB3ED0460B992FC37", "header": "Variola virus" }, { "text": "7. Interception of communications \nSection 2516(1) of title 18, United States Code, is amended— (1) in paragraph (a), by inserting 2122 and after sections ; (2) in paragraph (c), by inserting section 175c (relating to variola virus), after section 175 (relating to biological weapons), ; and (3) in paragraph (q), by inserting 2332g, 2332h, after 2332f,.", "id": "H291E65B81B644069B4DC15F35074CF37", "header": "Interception of communications" }, { "text": "8. Amendments to section 2332 b ( g )(5)(B) of title 18, United States Code \nSection 2332b(g)(5)(B) of title 18, United States Code, is amended— (1) in clause (i)— (A) by inserting before 2339 (relating to harboring terrorists) the following: 2332g (relating to missile systems designed to destroy aircraft), 2332h (relating to radiological dispersal devices), ; and (B) by inserting 175c (relating to variola virus), after 175 or 175b (relating to biological weapons), ; and (2) in clause (ii)— (A) by striking section and inserting sections 92 (relating to prohibitions governing atomic weapons) or ; and (B) by inserting 2122 or before 2284.", "id": "H0B642B77C77744938FC7E526C9DC86AD", "header": "Amendments to section 2332b(g)(5)(B) of title 18, United States Code" }, { "text": "9. Amendments to section 1956( c )(7)(d) of title 18, United States Code \nSection 1956(c)(7)(D), title 18, United States Code, is amended— (1) by inserting after section 152 (relating to concealment of assets; false oaths and claims; bribery), the following: section 175c (relating to the variola virus), ; (2) by inserting after section 2332(b) (relating to international terrorist acts transcending national boundaries), the following: section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices), ; and (3) striking or after any felony violation of the Foreign Agents Registration Act of 1938, and after any felony violation of the Foreign Corrupt Practices Act , striking ; and inserting , or section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ) (relating to prohibitions governing atomic weapons).", "id": "H2156E88AFAFB4680BAFAE63312E25800", "header": "Amendments to section 1956(c)(7)(d) of title 18, United States Code" }, { "text": "10. Export licensing process \nSection 38(g)(1)(A) of the Arms Export Control Act ( 22 U.S.C. 2778 ) is amended— (1) by striking or before (xi) ; and (2) by inserting after clause (xi) the following: or (xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004 , relating to missile systems designed to destroy aircraft ( 18 U.S.C. 2332g ), prohibitions governing atomic weapons ( 42 U.S.C. 2122 ), radiological dispersal devices ( 18 U.S.C. 2332h ), and variola virus ( 18 U.S.C. 175b );.", "id": "H3B129914CB8941D0BCD4EC15478900C2", "header": "Export licensing process" }, { "text": "11. Clerical amendments \n(a) Chapter 113B \nThe table of sections for chapter 113B of title 18, United States Code, is amended by inserting the following after the item for section 2332f: Sec. 2332g. Missile systems designed to destroy aircraft Sec. 2332h. Radiological dispersal devices. (b) Chapter 10 \nThe table of sections for chapter 10 of title 18, United States Code, is amended by inserting the following item after the item for section 175b: Sec. 175c. Variola virus.", "id": "HCACF4EB01FFE470188697688F470E045", "header": "Clerical amendments" } ]

[ { "text": "1. Short title \nThis Act may be cited as the E-mail Privacy Protection Act of 2004.", "id": "H30784FBEC9694701B48C8DAA438D2D05", "header": "Short title" }, { "text": "2. Interception of electronic communications during transmission \nSection 2510(12) of title 18, United States Code, is amended by inserting and includes any temporary, intermediate storage of that communication incidental to the electronic transmission thereof, after commerce,.", "id": "H2B47A1A593AD445491E619B6B6334637", "header": "Interception of electronic communications during transmission" }, { "text": "3. Improper acquisition of contents of stored electronic communications by electronic communications providers \nSection 2701 of title 18, United States Code, is amended by adding at the end the following: (d) Improper acquisition by service provider \nWhoever, being a provider of an electronic communication service, or an agent or employee of such a provider, acquires or uses the contents of a stored electronic communication of which that provider, agent, or employee is not an intended recipient other than for the purposes of providing that electronic communication service, shall be fined under this title or imprisoned not more than 5 years, or both..", "id": "HD0A7E378BAB847C18F773C11D544EA4D", "header": "Improper acquisition of contents of stored electronic communications by electronic communications providers" } ]

[ { "text": "1. Permanent resident status for Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, or Noah Ramon enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon, the Secretary of State shall instruct the proper officer to reduce by 5, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H0CF36AB90F834F2280411289198D3635", "header": "Permanent resident status for Rona Ramon, Asaf Ramon, Tal Ramon, Yiftach Ramon, and Noah Ramon" } ]

[ { "text": "1. Condition on United States military cooperation with the government of Bulgaria \nThe Secretary of Defense may not enter into any contract or other agreement with the government of Bulgaria regarding United States military cooperation with the government of Bulgaria within the territory of Bulgaria, including contracts or agreements for joint training activities or the construction of United States military facilities, unless the Secretary certifies to Congress, after consultation with the Secretary of State, that United States citizens and corporations are afforded full due process of law in Bulgaria, which would be evidenced at least in part by the full and fair resolution of the claims of IBE Trade Corporation, a United States corporation, for the wrongful conversion of its shares of stock of CHIMCO AD, a fertilizer plant located in Vratza, Bulgaria, consistent with the decisions of the New York State courts in IBE Trade Corp (Plaintiff) v. Iuori P. Litvinenko a/k/a Iourii P. Litvinenko, IBE TRANS of NY, Inc., and John Doe Nos. 1-10, (Defendants), Index No. 122268/99.", "id": "H290059A59A2F415EA05C283FE64FBC5D", "header": "Condition on United States military cooperation with the government of Bulgaria" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Winning the War on Terror Act of 2004. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Increasing Special Forces Sec. 2. Increase in special operations forces assigned to special operations command Sec. 3. Annual report on special operations forces retention Sec. 4. Report on active and reserve mix for special operations forces and special forces transformation Title II—Strengthening Counter-Proliferation Sec. 11. Sense of Congress on counterproliferation programs Sec. 12. Global Threat Reduction Initiative Sec. 13. Cooperative Threat Reduction Initiative Sec. 14. Sense of Congress on Proliferation Security Initiative Sec. 15. Threat assessments on sources of radiological materials Sec. 16. Elimination of United States chemical stockpile Title III—Improving the Terrorist Screening Center Sec. 21. Targeting terrorist travel Title IV—Improving Border Security Sec. 30. Short title Subtitle A—Securing Our Borders Chapter 1—Infrastructure Enhancements Sec. 31. Establishment of Land Border Infrastructure Improvement Fund Sec. 32. Requiring a vulnerability assessment of land ports of entry Sec. 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs Chapter 2—Enhancing Border Monitoring Technology Sec. 35. Deployment of surveillance systems along the U.S.-Mexico border Sec. 36. Deployment of surveillance systems along the U.S.–Canadian border Sec. 37. Level of K–9 units Chapter 3—Ensuring Sufficient Well-Trained Personnel at Our Borders Sec. 41. Double the number of CBP personnel Sec. 42. Assessing staffing needs at our borders Sec. 43. Additional and continuous training for inspectors Sec. 44. Requiring report on the One Face at the Border Initiative Chapter 4—Establishing a Comprehensive Border Security Strategy Sec. 51. Land border security strategy Sec. 52. Improved information sharing Sec. 53. Creation of northern and southern border coordinators Sec. 54. Smart Border Accord implementation Sec. 55. Sense of Congress on the period of admission for border crossing card holders Chapter 5—Enhancing Border Security Programs Sec. 61. Creating a more effective entry-exit system Sec. 62. Transportation worker identification card Sec. 63. Standards and verification procedures for the security of intermodal cargo containers Sec. 64. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico Chapter 6—Securing our Tribal and Federal Lands and Territories Sec. 65. Office of Tribal Security Sec. 66. Transfer of Shadow Wolves from CPB to ICE Sec. 67. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds Subtitle B—Securing Identification Documents Sec. 71. State identification document standards Sec. 72. Training in fraud detection and prevention for officers in divisions of motor vehicles Subtitle C—Securing the Interior; Tools for Border Security Chapter 1—Increase in Staff for ICE Sec. 81. Personnel increase Sec. 82. ICE strategy and staffing assessment Chapter 2—Increase in Detention Space Sec. 85. Increase in detention space Sec. 86. Sense of Congress regarding processing of criminal aliens while incarcerated Sec. 87. Sense of Congress regarding increase in prosecutors and immigration judges Chapter 3—Enhancing Law Enforcement Access to Informants Sec. 91. New class of nonimmigrant aliens Sec. 92. Adjustment of status of nonimmigrant to that of person admitted for permanent residence Chapter 4—Increased Penalties for Smuggling Sec. 95. Combating aggravated alien smuggling Sec. 96. Increased criminal sentences and fines for alien smuggling Sec. 97. Increased penalty for smuggling Subtitle D—Beyond our Borders (International) Chapter 1—Coordinating DHS Mission Overseas Sec. 101. Office of International Affairs; effective and efficient management and coordination of international assignments Sec. 102. Creation of an Office of Overseas Service Chapter 2—Implementing a More Effective Visa Security Program Sec. 105. Implementing a more effective visa security program Chapter 3—Securing the Visa Waiver Program Sec. 106. Visa waiver program passenger screening; biographical checks Sec. 107. Defining security responsibilities of the Visa Waiver Program Office Sec. 108. Additional and continuous training for inspectors in fraud and imposter detection Sec. 109. Authorization of funds Subtitle E—Securing the Immigration Benefits Process Sec. 111. Immigration ombudsman Sec. 112. CIS workflow, technology, and staffing assessment Sec. 113. Study on biometrics Sec. 114. Digitizing immigration functions Sec. 115. Study on digitizing immigration benefit applications Title V—Strengthening Rail Security Sec. 121. Public transportation system grants and training Sec. 122. Public transportation security plan, best practices, and awareness Sec. 123. Memorandum of Agreement Title VI—Strengthening Port Security Sec. 130. Short title Subtitle A—Bureau of Customs and Border Protection security programs Sec. 131. Amendments to the Homeland Security Act of 2002 Subtitle B—Port Security Sec. 135. Port security grant funding Sec. 136. Funding for collaborative program for development of maritime information sharing and analysis capability Sec. 137. Appropriate congressional committees defined Subtitle C—Strengthening the Coast Guard Sec. 141. Acceleration of integrated deepwater program Sec. 142. Increase in authorized Coast Guard personnel Sec. 143. Sense of the Congress regarding naming new vessels under the Deepwater Program for cities of the United States Title VII—Strengthening Aviation Security Sec. 151. Passenger and baggage screening operations Sec. 152. Checked baggage security screening Sec. 153. Aviation security capital fund Sec. 154. Elimination of bag-match program as acceptable alternative for checked baggage Sec. 155. Aviation security technologies Sec. 156. Inspection of cargo carried aboard passenger aircraft Sec. 157. Database on known shipping companies Sec. 158. Flight crew communication systems Sec. 159. National Strategy for Transportation Security Sec. 160. Use of watchlists for passenger air transportation screening Title VIII—Improving Private Sector Preparedness Sec. 161. Short title Sec. 162. Findings Sec. 163. Private sector emergency preparedness program Title IX—Increasing Information Sharing Sec. 165. Information sharing Title X—Protecting Critical Infrastructure Sec. 171. Critical infrastructure evaluation and prioritization program Sec. 172. Deadline for comprehensive national plan to secure critical infrastructure and key assets Sec. 173. Regulatory authority Sec. 174. Best practices Title XI—Defending Against Bioterrorism Subtitle A—National Biodefense Strategy Sec. 181. National biodefense strategy Subtitle B—Development of Medical Countermeasures Sec. 184. Short title Sec. 185. Findings and policy Sec. 186. Rapid biodefense countermeasures development national strategy Sec. 187. Clinical research under emergency conditions Sec. 188. Interagency working group Sec. 189. Developing the capability for rapid biodefense countermeasure development Title XII—Chemical Security Improvement Sec. 191. Short title Sec. 192. Definitions Sec. 193. Vulnerability assessments and site security plans Sec. 194. Whistleblower protection Sec. 195. Enforcement Sec. 196. Interagency technical support and cooperation Sec. 197. Penalties Sec. 198. No effect on requirements under other law Title XIII—Improving Cybersecurity Sec. 201. Cybersecurity training programs and equipment Sec. 202. Assistant Secretary for Cybersecurity Title XIV—Enabling Communications Interoperability Sec. 211. Short title Sec. 212. Findings; purposes Sec. 213. Establishment of the Office of Wireless Public Safety Interoperable Communications Sec. 214. Interoperable communications technology grant program Title XV—Strengthening Privacy Protections Within the Department of Homeland Security Subtitle A—SHIELD Privacy Act Sec. 221. Short title Sec. 222. Findings Sec. 223. Chief Privacy Officer Sec. 224. Privacy policy of departments and independent agencies Sec. 225. Commission on Privacy, Freedom, and Homeland Security Sec. 226. Privacy and Civil Liberties Oversight Board Subtitle B—Civil Rights and Civil Liberties Sec. 231. Short title Sec. 232. Mission of Department of Homeland Security Sec. 233. Officer for Civil Rights and Civil Liberties Sec. 234. Protection of civil rights and civil liberties by Office of Inspector General Sec. 235. Privacy officer Title XVI—Preventing the Rise of Future Terrorists Sec. 241. Role of Pakistan in countering terrorism Sec. 242. Aid to Afghanistan Sec. 243. The United States-Saudi Arabia relationship Sec. 244. Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world Sec. 245. United States policy toward dictatorships Sec. 246. Promotion of United States values through broadcast media Sec. 247. Use of United States scholarship and exchange programs in the Islamic world Sec. 248. International Youth Opportunity Fund Sec. 249. Report on the use of economic policies to combat terrorism Sec. 250. Middle East Partnership Initiative Sec. 251. Comprehensive coalition strategy for fighting terrorism", "id": "HA858BB35D56E4AEA9F8E48CD6014F298", "header": "Short title; table of contents" }, { "text": "2. Increase in special operations forces assigned to special operations command \nBy the end of fiscal year 2014, the number of special operations forces in the Armed Forces shall be increased by 50,000, which represents a 50-percent increase over the number of special operations forces in effect on September 30, 2004. Of the increased number of personnel, half shall be active or reserve members who are directly assigned to the unified combatant command for special operations required by section 167 of title 10, United States Code, and the other half shall be members of the Marine Corps who have completed special operations training. There are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "H342036F544C842FA852689496B433799", "header": "Increase in special operations forces assigned to special operations command" }, { "text": "3. Annual report on special operations forces retention \nSection 167 of title 10, United States Code, is amended by adding at the end the following new subsection: (l) Annual report on special operations forces retention \nNot later than March 1 of each year, the Secretary of Defense shall submit to Congress a report specifying retention levels for members of the armed forces serving as special operations forces and containing the strategy of the Department of Defense for improving retention rates, in particular among members who have completed between 10 and 14 years of service and members with more than 20 years of service..", "id": "H4A2D2E84CF404EBFA0DA3FD4DB005400", "header": "Annual report on special operations forces retention" }, { "text": "4. Report on active and reserve mix for special operations forces and special forces transformation \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the recommendations of the Secretary regarding— (1) the appropriate mix of active and reserve forces for special operations forces, including civil affairs forces and psychological operations forces, to reduce the need for long-term deployments of reservists; and (2) the transformation of the special operations forces to develop a more ethnically diverse intelligence cadre capable of locating and infiltrating sophisticated terrorist networks.", "id": "H8E9B5080F6CE442C9DD51D578592BF", "header": "Report on active and reserve mix for special operations forces and special forces transformation" }, { "text": "11. Sense of Congress on counterproliferation programs \n(a) In General \nIt is the sense of Congress that the United States must strengthen the nonproliferation programs of the Department of Energy, expand the Proliferation Security Initiative of the Department of State, and support Cooperative Threat Reduction programs of the Department of Defense. (b) Funding \nIt is the sense of Congress that the United States should increase its spending on the counterproliferation programs described in subsection (a) such that, as of fiscal year 2010, the aggregate annual spending of the United States on those counterproliferation programs is not less than $3,000,000,000.", "id": "H3F9EFB36A4974294A4B30072F8AD66EB", "header": "Sense of Congress on counterproliferation programs" }, { "text": "12. Global Threat Reduction Initiative \n(a) Initiative Required \nFrom amounts made available to carry out this section, the Secretary of Energy shall carry out a program, to be known as the Global Threat Reduction Initiative, under which the Secretary provides for the securing, removing, or disposing of nuclear and radiological materials outside the United States that are vulnerable to theft. In carrying out the program, the Secretary shall seek to secure, remove, or dispose of nuclear and radiological materials at the 24 most vulnerable reactor sites in foreign countries, as determined by the Secretary of State, by 2009. (b) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Energy to carry out this section $4,500,000,000 for each of fiscal years 2005 through 2014.", "id": "HD76FA2D67CAB4375BBF22300F08F33F0", "header": "Global Threat Reduction Initiative" }, { "text": "13. Cooperative Threat Reduction Initiative \n(a) Resolution of liability and access problems \nThe President shall work to resolve the liability and access problems that continue to be roadblocks to the Cooperative Threat Reduction programs. (b) Definition \nIn this section, the term Cooperative Threat Reduction programs means programs specified in section 1501(b) of the National Defense Authorization Act of Fiscal year 1997 ( Public Law 104–201 ; 110 Stat. 2731; 50 U.S.C. 2362 note).", "id": "H0B55659B73AD4B44998700B8D137B3B5", "header": "Cooperative Threat Reduction Initiative" }, { "text": "14. Sense of Congress on Proliferation Security Initiative \nIt is the sense of Congress that the People’s Republic of China should be encouraged to participate in the Proliferation Security Initiative of the Department of State in order to assist in efforts to prevent the export of weapons of mass destruction by the Government of North Korea.", "id": "HE2382284A2464A359900DBB872CB2105", "header": "Sense of Congress on Proliferation Security Initiative" }, { "text": "15. Threat assessments on sources of radiological materials \n(a) Assessments Required \nThe Secretary of Energy shall carry out threat assessments on the most likely sources of radiological material that could be used in making a dirty bomb. (b) Report \nNot later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the threat assessments carried out under subsection (a).", "id": "H8B7974713BC44DCD92F5F38F71F55CF6", "header": "Threat assessments on sources of radiological materials" }, { "text": "16. Elimination of United States chemical stockpile \nThe President shall ensure that the chemical stockpile of the United States is eliminated not later than the end of 2012.", "id": "HA734A639A5FF48759EA35C67E45BDFAE", "header": "Elimination of United States chemical stockpile" }, { "text": "21. Targeting terrorist travel \n(a) Codification of the establishment of the Terrorist Screening Center \nThere is established within the Federal Bureau of Investigation the Terrorist Screening Center under the direction of the Director of the Federal Bureau of Investigation. (b) Mission \nThe Terrorist Screening Center shall— (1) establish and operate a single consolidated terrorist database consisting of terrorist information from all watchlists compiled by the agencies and departments of the United States; (2) provide operational support for terrorist screeners throughout the United States and around the world 24 hours of each day; (3) ensure that terrorist screeners use the same unified, comprehensive set of anti-terrorist information; and (4) ensure that terrorist screeners have access to information and expertise that will permit rapid response when a suspected terrorist is screened or stopped. (c) Deadline for operation of database \nThe Terrorist Screening Center shall complete and begin operation of a comprehensive terrorist screening database by not later than December 31, 2004. (d) Access to database \n(1) The Terrorist Screening Center shall take such steps as are required to provide electronic access to the comprehensive terrorist screening database as soon as possible. (2) The Director of the Federal Bureau of Investigation shall submit to Congress semiannual reports on the progress made to carry out paragraph (1). (e) Assistance from NCTC \nThe head of the National Counterterrorism Center shall expand existing programs relating to terrorist travel intelligence collection and analysis to assist the Terrorist Screening Center. (f) Terrorist screener defined \nIn this section, the term terrorist screener means individuals who are investigators, screeners, and agents with an official duty related to the identification, tracking, or apprehension of suspected terrorists, including the following: (1) Personnel of the intelligence community. (2) Federal personnel who screen individuals entering the United States. (3) Federal, State and local law enforcement personnel. (4) Federal personnel that consider visa applications. (5) Personnel of authorized private sector operators of critical infrastructure. (6) Authorized personnel of certain foreign governments that have entered into immigration agreements with the United States or that are engaged in the global war on terrorism as partners of the United States. (7) Any other individuals whose duties and responsibilities reasonably require timely access to the terrorist screening database, as determined by the Director of the Federal Bureau of Investigation.", "id": "H8B253953C458420DA3AAF805C3BFAC6F", "header": "Targeting terrorist travel" }, { "text": "30. Short title \nThis title may be cited as the Secure Borders Act.", "id": "HCBAB11B4C4F64C5B92548B24D3FCAFD9", "header": "Short title" }, { "text": "31. Establishment of Land Border Infrastructure Improvement Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account which shall be known as the Land Border Infrastructure Improvement Fund. Amounts deposited in such fund shall remain available to the Secretary of Homeland Security until expended, subject to the provisions of appropriations Acts, to carry out infrastructure and technology improvement projects at our nation’s ports of entry, as assessed in section 32, to reduce and prevent the nation’s land border vulnerability to terrorist attack, and penetration by terrorists and criminals, while effectively facilitating the movement of goods, services, and legitimate travelers. (b) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out the projects described in subsection (c). (c) Projects described \nThe Secretary of Homeland Security may carry out infrastructure and technology improvement projects recommended in the report submitted under section 32 in order to reduce the vulnerability of ports of entry.", "id": "HCC55C2D98377410E98F6514F0039CA29", "header": "Establishment of Land Border Infrastructure Improvement Fund" }, { "text": "32. Requiring a vulnerability assessment of land ports of entry \n(a) Initial assessment \n(1) In general \nThe Secretary of Homeland Security shall conduct an assessment of the vulnerability of each United States land port of entry to penetration by terrorists and criminals or terrorist attack. In carrying out assessments under this paragraph, the Secretary shall categorize the vulnerability of each port of entry as high , medium , or low and shall prioritize the vulnerability of each port of entry within each such category. In conducting the assessment, the Secretary of Homeland Security shall consult with appropriate State, local, and private sector representatives. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains— (A) the results of the assessment conducted under paragraph (1); (B) with respect to each port of entry categorized under paragraph (1) as either a high or medium vulnerability port of entry, descriptions of— (i) infrastructure and technology improvement projects required for the port of entry in order to reduce its vulnerability; (ii) the resources required to make such improvements; and (C) a description of how the funds will be used to implement technology and infrastructure improvement projects. (b) Follow-up assessments \nThe Secretary of Homeland Security shall conduct follow-up assessments of land border ports of entry every 2 years and shall submit such reports to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "HF1AE88FF1FC2430F8B4CC874CE194D1B", "header": "Requiring a vulnerability assessment of land ports of entry" }, { "text": "33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs \n(a) Sense of Congress \nIt is the sense of the Congress that preenrollment programs should be expanded to all major ports of entry because these programs assist our frontline officers in the fight against terrorism. These programs allow inspectors to focus more closely on unknown travelers by subjecting participants to in depth background and watch list checks. (b) Permanent authorization \n(1) In general \nThe Secretary of Homeland Security shall make permanent pre-enrollment programs that subject participants who are aliens, and citizens of the United States, to criminal and watch list screenings and fingerprint checks prior to enrolling in order to gain expedited inspections at ports of entry. (2) Specific programs \nThe programs described in paragraph (1) shall include, at a minimum, the following: (A) The Free and Secure Trade, or FAST , program authorized under subpart B of title IV of the Tariff Act of 1930 (19 U.S.C 1411 et seq). (B) The Secure Electronic Network for Travelers Rapid Inspection, or SENTRI , program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (C) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act ( 8 U.S.C. 1356(q) ). (D) Successor programs to the programs described in subparagraphs (A) through (C). (c) Authorization of funds necessary to build adequate infrastructure to render programs effective \nThere are authorized to be appropriated such funds as may be necessary to improve infrastructure to enhance access to pre-enrollment lanes, and to accomplish all the other purposes outlined in this section, in order to facilitate inspections and expedite the flow of travel and commerce. (d) Reduction of program fees \nThe Secretary of Homeland Security may reduce the enrollment fees for the programs described in subsection (a) if necessary to encourage participation. (e) Creation of remote enrollment centers \nThe Secretary shall create a minimum of 4 remote enrollment centers, away from the borders of the United States, for such programs in major population centers where there is a demand for such a service. (f) Creation of appeals process \nThe Secretary of Homeland Security must establish a process to review actions that terminate the participation of travelers in pre-enrollment programs. (g) Report on budget, program use, and enforcement \nThe Secretary of Homeland Security annually shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on the programs described in subsection (a). The report should include a review of costs associated with the programs, including— (1) areas of program expansion within a port-of-entry, to other ports-of-entry and to other modes of travel including air, mass transit, bicycle and pedestrians; (2) the cost of upgrade and maintenance needs; (3) update on status and expansion of enrollment centers; (4) infrastructure needs on the US, Canadian, and Mexican sides of the border to enhance the programs; (5) universal access through ports; (6) technology and database enhancements to link watch lists to the programs; (7) the feasibility of incorporating radio frequency enabled travel documents into the programs, such as passports, alien registration cards, and other documents; (8) the cost of enabling all inspection lanes with pre-enrollment technology; (9) public information campaign and relevant associated costs; and (10) for each pre-enrollment location— (A) total vehicles processed per month; (B) total pre-enrolled vehicles processed per month; (C) total pre-enrolled vehicles processed per day; (D) total nonenrolled vehicles processed per month; (E) total nonenrolled vehicles processed per day; (F) completed compliance checks performed per month; (G) duration of inspections; (H) number of passengers per vehicle; (I) basis for apprehension of violator; (J) types of violation; and (K) enforcement actions.", "id": "HCE748C48246D4571AE38B20040ACED5D", "header": "Enhancing SENTRI, FAST, and NEXUS preenrollment programs" }, { "text": "35. Deployment of surveillance systems along the U.S.-Mexico border \n(a) Plan \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a comprehensive plan to fully deploy technological surveillance systems along the U.S.-Mexico border. Surveillance systems included in the deployment plan must— (1) ensure continuous monitoring of every mile of the U.S.-Mexico border; (2) to the extent practicable, be fully interoperable with existing surveillance systems, such as the Integrated Surveillance Intelligence Systems already in use by the Department of Homeland Security. Additionally, the deployment plan should include, but not be limited to, the following elements: (3) A description of the specific technology to be deployed. (4) An assessment of the success of existing technologies to determine if one technology is better than another, or whether there is a way to combine the capabilities of various detection devices into a single device. (5) A description of the technological features of surveillance systems allowing for compatibility, if practicable, with existing surveillance technologies. (6) A description of how the U.S. Border Patrol is working, or will work, with the Directorate of Science and Technology to analyze high altitude monitoring technologies (such as unmanned aerial vehicles and tethered aerostat radar systems) for use with land-based monitoring technologies. (7) A description of how radiation portal monitors will be deployed to ports of entry along the U.S.-Mexico border, and other border locations, consistent with section 39. (8) A description of how K–9 detection units will be increased along the U.S.-Mexico border, consistent with section 37. (9) A description of how surveillance technology will provide for continuous monitoring of the border. (10) The identification of any obstacles that may impede full implementation of the deployment plan. (11) A detailed estimate of all costs associated with the implementation of the deployment plan. (b) Deployment \nNot later than September 30, 2006, the Secretary of Homeland Security shall fully implement the plan described in subsection (a). (c) Report \nNot later than September 30, 2005, the Secretary of Homeland Security shall submit the plan described in subsection (a) to the appropriate congressional committee (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). (d) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2005 and 2006, and such sums as may be necessary for each succeeding fiscal year.", "id": "HAEABD1637446480496EEB4FEFF4ED30", "header": "Deployment of surveillance systems along the U.S.-Mexico border" }, { "text": "36. Deployment of surveillance systems along the U.S.–Canadian border \nNot later than September 30, 2005, the Secretary of Homeland Security shall develop a plan to install surveillance systems along the U.S.-Canadian border and provide the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) with a cost estimate and deployment schedule designed to implement such plan.", "id": "H89E0498A65704E69B6602FB61C337527", "header": "Deployment of surveillance systems along the U.S.–Canadian border" }, { "text": "37. Level of K–9 units \n(a) In general \nThe Secretary of Homeland Security shall increase the number of K–9 units working within U.S. Customs and Border Protection, including adding infrastructure, officers ,and support staff necessary for each unit, by 20 percent above levels in existence at the end of fiscal year 2004. (b) Use of new units \nThe K–9 units added under subsection (a) shall be distributed proportionately to both the U.S.-Mexico border and the U.S.-Canadian border, and be used only for bomb, passenger, and currency detection purposes. (c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H9842A467F36A47B987CEF57C7361E805", "header": "Level of K–9 units" }, { "text": "41. Double the number of CBP personnel \n(a) Temporary increase in personnel \nPending congressional consideration of the study described in section 42, there are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary— (1) to double, as compared to the number of such positions which existed at the end of fiscal year 2004, the number of positions for U.S. Customs and Border Protection personnel (including support personnel) at and between our nation's ports of entry; (2) to establish, not later than September 30, 2005, at least one Border Patrol unit for the Virgin Islands of the United States; and (3) to establish facilities in which the additional personnel described in paragraph (1) may work. (b) Waiver of limitation \nThe Secretary of Homeland Security is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of subsection (a).", "id": "HE50C9EF6E8B1412698AAD82F1D36DFF3", "header": "Double the number of CBP personnel" }, { "text": "42. Assessing staffing needs at our borders \nThe Secretary of Homeland Security shall contract with an independent entity to undertake a study to determine the necessary level and allocation of personnel, including support staff, at United States ports of entry and border patrol sectors. The study shall take into account, at a minimum, the overall mission of U.S. Customs and Border Protection, threat and vulnerability information pertaining to the nation’s borders and ports of entry, the impact of new border security programs, policies and technologies, and an analysis of traffic volumes and wait times at ports of entry. The study is to be provided to the appropriate congressional committees, as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ), not later than 1 year after the date of the enactment of this Act.", "id": "H32993B87FA6041109795D175FABB173", "header": "Assessing staffing needs at our borders" }, { "text": "43. Additional and continuous training for inspectors \n(a) In general \nThe Secretary of Homeland Security shall provide appropriate training for inspectors, and associated support staff on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. (b) Language training \nThe Secretary of Homeland Security ensure that inspectors assigned to the southern border are proficient in Spanish language, and shall provide training to inspectors in Spanish and other languages determined to be necessary in carrying out anti-terrorism and law enforcement functions. The Secretary of Homeland Security shall provide, where necessary, appropriate language training to inspectors and border patrol agents on the northern border. (c) Retention and development of experts \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall make recommendations to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on how the current Department of Homeland Security personnel system should be modified to allow for the retention and development of immigration and customs experts, to include the creation of new positions.", "id": "H50835DDBA3824AC185E5A4FC1044ABBB", "header": "Additional and continuous training for inspectors" }, { "text": "44. Requiring report on the One Face at the Border Initiative \n(a) In general \nNot later than September 30 of each of the calendar years 2005 and 2006, the Commissioner of Customs shall prepare and submit to Congress a report— (1) describing and analyzing the goals, success, and shortfalls of the One Face at the Border Initiative at enhancing security and facilitating travel; (2) providing a breakdown of the number of personnel of U.S. Customs and Border Protection that were personnel of the United States Customs Service prior to the establishment of the Department of Homeland Security, that were personnel of the Immigration and Naturalization Service prior to the establishment of the Department of Homeland Security, and that were hired after the establishment of the Department of Homeland Security; (3) describing the training time provided to each employee on an annual basis for the various training components of the One Face at the Border Initiative; (4) outlining the steps taken by U.S. Customs and Border Protection to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative; and (5) reviewing whether the missions of customs, agriculture, and immigration are equally emphasized. (b) Assessment of report \nThe Comptroller General of the United States shall the review the reports submitted under subsection (a) and shall provide an assessment to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) regarding the effectiveness of the One Face at the Border Initiative.", "id": "H00A5C772549B49FC96BF152B53A98F00", "header": "Requiring report on the One Face at the Border Initiative" }, { "text": "51. Land border security strategy \n(a) In general \nThe Secretary of Homeland Security, in consultation with the heads of all other Federal agencies with border-related functions or with facilities or lands on or along the border, shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) unclassified and classified versions of a unified, comprehensive strategy to secure the land borders of the United States not later than 6 months after the date of the enactment of this Act. The submission should include a description of the actions already taken to implement the strategy. (b) Contents \nThe report shall cover the following areas: (1) Personnel. (2) Infrastructure. (3) Technology. (4) Coordination of intelligence among agencies. (5) Legal responsibilities. (6) Criminal statutes. (7) Apprehension goals. (8) Prosecutorial guidelines. (9) Economic impact. (10) Flow of commerce. (c) Consultation \nIn creating the strategy described in subsection (a), the Federal agencies described in such subsection shall consult private sector organizations and nongovernmental organizations with national security, privacy, agriculture, immigration, customs, transportation, technology, legal, and business expertise. (d) Implementation \nThe Secretary shall implement the strategy not later than 12 months after the date of the enactment of this Act. (e) Evaluation \nThe Comptroller General of the United States shall track, monitor, and evaluate such strategy to secure our borders to determine its efficacy. (f) Report \nNot later than 15 months after the date of the enactment of this Act, and every year thereafter for the succeeding 5 years, the Comptroller General of the United States shall submit a report to the Congress on the results of the activities undertaken under subsection (a) during the previous year. Each such report shall include an analysis of the degree to which the border security strategy has been effective in securing our borders. Each such report shall include a collection and systematic analysis of data, including workload indicators, related to activities to improve and increase border security.", "id": "HB9A10878362A4C0486AF29C7FFDFE100", "header": "Land border security strategy" }, { "text": "52. Improved information sharing \nThe Secretary of Homeland Security shall, not later than October 1, 2005— (1) integrate the IDENT and IAFIS databases; and (2) make interoperable databases used by inspectors in secondary inspections.", "id": "HDE738003244B4CCAAF69D04F6975CED7", "header": "Improved information sharing" }, { "text": "53. Creation of northern and southern border coordinators \n(a) In general \nTitle IV of the Homeland Security Act of 2002 (6 U.S.C. 201 seq.) is amended— (1) in section 402, by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: (8) Increasing the security of the United States at the ports of entry located along the northern and southern borders, and improving the coordination among the agencies responsible for maintaining that security. ; and (2) in subtitle C, by adding at the end the following: 431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.. (b) Clerical amendment \nSection 1(b) of such Act is amended in the table of contents by inserting after the item relating to section 430 the following: Sec. 431. Border coordinators.", "id": "H014D36CB4E4844CFB0516FE58E67B9CD", "header": "Creation of northern and southern border coordinators" }, { "text": "431. Border coordinators \n(a) In general \nThere shall be within the Directorate of Border and Transportation Security the positions of Northern Border Coordinator and Southern Border Coordinator, who shall be appointed by the Secretary and who shall report directly to the Under Secretary for Border and Transportation Security. (b) Responsibilities \nThe Northern Border Coordinator and the Southern Border Coordinator shall undertake the following responsibilities along the northern and southern borders, respectively— (1) serve as the primary official of the Department responsible for coordinating all Federal security activities along the border, especially at land border ports of entry; (2) provide enhanced communication and data-sharing between Federal, State, local, and tribal agencies on law enforcement, emergency response, or security-related responsibilities for areas on or adjacent to the borders of the United States with Canada or Mexico; (3) work to improve the communications systems within the Department to facilitate the integration of communications of matters relating to border security; (4) oversee the implementation of the pertinent bilateral agreement (the United States-Canada Smart Border Declaration applicable to the northern border and the United States-Mexico Partnership Agreement applicable to the southern border) to improve border functions, ensure security, and promote trade and tourism; (5) consistent with section 102, assess all land border ports of entry along the appropriate border and develop a list of infrastructure and technology improvement projects for submission to the Secretary based on the ability of a project to fulfill immediate security requirements and facilitate trade across the borders of the United States; and (6) serve as a liaison to the foreign agencies with responsibility for the appropriate border with the United States.", "id": "H441E46D5072A4A61A204E892E5F98B69", "header": "Border coordinators" }, { "text": "54. Smart Border Accord implementation \nThe President shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) information about the ongoing progress on implementation of the Smart Border Accords through quarterly updates on meetings of the Smart Border Working Group.", "id": "HD9ACECF0FB0D42EA8351F8422E845DEF", "header": "Smart Border Accord implementation" }, { "text": "55. Sense of Congress on the period of admission for border crossing card holders \n(a) Sense of Congress \nIt is the sense of the Congress that citizens and nationals of Mexico should be treated with parity in relation to citizens and nationals of Canada in establishing the periods of time they are lawfully permitted to remain in the United States. (b) Modification to documentary requirements \nNotwithstanding any other provision of law, once section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note) is fully implemented, the period of admission for an alien entering the United States under a border crossing card shall be 6 months.", "id": "H8FBEF3A90907479EBD787EC7F4D4AA2F", "header": "Sense of Congress on the period of admission for border crossing card holders" }, { "text": "61. Creating a more effective entry-exit system \n(a) Creation of a US–VISIT outreach office \n(1) In general \nThe Secretary of Homeland Security shall create an “Office of US–VISIT Outreach” that will inform on a regular basis local border officials, residents, and businesses about developments in the US–VISIT program. Specifically, this office shall provide information to local border officials, residents, and businesses, and seek guidance from such persons and entities about, the practical effects to border communities of the implementation of US–VISIT. (2) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Task force on integrated entry and exit system \n(1) Sense of Congress \nIt is the sense of the Congress that the work of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note) was prematurely terminated, robbing the Department of Homeland Security of the very expertise needed to properly set the requirements for, and validate the work of, contractors on information technology programs, particularly the US–VISIT program. (2) Termination \nSection 3(i) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( 8 U.S.C. 1365a note) is amended to read as follows: (i) Termination \nThe Task Force shall terminate on a date designated by the Secretary of Homeland Security as the date on which the work of the Task Force has been completed, except that such designated date may not be earlier than December 21, 2008.. (c) Electronic arrival/Departure records \n(1) Not later than December 31, 2005, the Secretary of Homeland Security— (A) shall ensure that the functions served by Department of Homeland Security paper Form Number I–94 (Arrival/Departure Record) and Form Number I–94W (NIV Waiver Arrival/Departure Record) are being carried out by electronic means; and (B) shall eliminate such forms. (2) Implementation plan \nNot later than December 31, 2004, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan describing the measures the Secretary is taking to carry out subsection (c) before the deadline described in such subsection.", "id": "H1F23F83E4A5C4673BC83545CC170A93F", "header": "Creating a more effective entry-exit system" }, { "text": "62. Transportation worker identification card \n(a) In general \nThe Secretary of Homeland Security shall submit a report to the Congress not later than December 31, 2004, regarding the development and distribution of a transportation worker identification card. (b) Contents \nThe report described in subsection (a) shall include information on— (1) the plan for distribution of the card; (2) the eligibility of Canadian and Mexican truck drivers who are certified under the Free and Secure Trade ( FAST ) initiative; (3) selected biometric feature and other security features of the card; and (4) the cost of, and deployment schedule for, card-reading equipment.", "id": "H390C7EB629C7414CA8DAD0A4F0626B70", "header": "Transportation worker identification card" }, { "text": "63. Standards and verification procedures for the security of intermodal cargo containers \n(a) Standards and verification procedures \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of intermodal cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading. (b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of the Interagency Container Working Group and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nIntermodal cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing intermodal cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies to security seals.", "id": "H2B321DF09B6D49FF8EF23F1D6C1D92BA", "header": "Standards and verification procedures for the security of intermodal cargo containers" }, { "text": "64. Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico \nIt is the sense of the Congress that— (1) the United States Mission to Mexico plays an important part in ensuring the security of our southern border; (2) this mission must have sufficient staff in order to adequately fulfill their consular responsibilities, an important part of a comprehensive strategy to secure our border; (3) the level of staffing has not kept pace with rising consular workloads; and (4) therefore, appropriations should be authorized for a 25 percent staff increase for the United States mission to Mexico.", "id": "H9B5B0727E83C4C0CBEF0F331882092CB", "header": "Sense of Congress on the need for additional staff for the United States Consulate-General in Mexico" }, { "text": "65. Office of Tribal Security \n(a) Establishment \nThere is established within the Department of Homeland Security the Office of Tribal Security. (b) Director \nThe Office of Tribal Security shall be administered by a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall report directly to the Secretary of Homeland Security. (c) Duties \nThe Director shall be responsible for coordinating relations between the Federal Government and federally recognized Indian tribes on issues relating to homeland security, which shall include the following duties: (1) Providing a point of contact within Department of Homeland Security which shall be responsible for— (A) meeting the broad and complex Federal responsibilities owed to federally recognized Indian tribes by the Department of Homeland Security; and (B) soliciting and, where appropriate, addressing the homeland security concerns of federally recognized Indian tribes and other parties interested in Indian affairs. (2) Communicating relevant policies of the Department of Homeland Security to federally recognized Indian tribes and the public. (3) Promoting internal uniformity of Department of Homeland Security policies relating to Indian country (as defined in section 1151 of title 18, United States Code). (4) Coordinating with the Directorate of Border and Transportation Security and tribal governments to develop a comprehensive border security policy that addresses law enforcement, personnel, and funding issues in Indian country (as defined in section 1151 of title 18, United States Code) on the United States borders with Canada and with Mexico. (5) Coordinating with the Directorate for Information Analysis and Infrastructure Protection and tribal governments to develop appropriate policies for infrastructure protection on Indian lands, as well as information sharing mechanisms with tribal governments. (6) Coordinating with the Directorate of Emergency Preparedness and Response and the Office of State and Local Government Coordination and Preparedness to help ensure that tribal governments are fully informed of, have access to, and may apply for all Department of Homeland Security grant opportunities for emergency response providers, and to develop and achieve preparedness goals for tribal governments that are consistent with national goals for terrorism preparedness, as determined by the Department. (7) Coordinating with the Director of Science and Technology to identify opportunities to conduct research and development of homeland security technologies or scientific understanding for tribal universities or private sector entities. (8) Coordinating with the Office of Citizenship and Immigration Services and other relevant offices within the Department of Homeland Security with immigration service and enforcement related functions to develop policies on issues related to citizenship and the movement of members of federally recognized Indian tribes across the United States border, taking into consideration the unique characteristics of certain federally recognized Indian tribes with jurisdiction over lands adjacent to the Canadian and Mexican borders. (9) Coordinating with other offices within the Department of Homeland Security to develop and implement sound policies regarding Indian country (as defined in section 1151 of title 18, United States Code) and tribal governments.", "id": "HEFF1730956804DB18CB01457CB3655BD", "header": "Office of Tribal Security" }, { "text": "66. Transfer of Shadow Wolves from CPB to ICE \n(a) Transfer of Existing Unit \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall transfer to the Immigration and Customs Enforcement all functions (including the personnel, assets, and obligations held by or available in connection with such functions) of the Customs Patrol Officers unit of U.S. Customs and Border Protection operating on the Tohono O’odham Indian reservation (commonly known as the Shadow Wolves unit). (b) Establishment of New Units \nThe Secretary is authorized to establish within U.S. Immigration and Customs Enforcement additional units of Customs Patrol Officers in accordance with this section. (c) Duties \nThe Customs Patrol Officer unit transferred pursuant to subsection (a) and the additional units established pursuant to subsection (b) shall enforce the customs laws of the United States on Indian lands by preventing the smuggling of narcotics, weapons of mass destruction, and other contraband. (d) Basic Pay for Journeyman Officers \nThe rate of basic pay for a journeyman Customs Patrol Officer in a unit described in this section shall be not greater than the rate of basic pay for GS–13 of the General Schedule.", "id": "H7805D163ABE04AD09EA2F0900055D3EA", "header": "Transfer of Shadow Wolves from CPB to ICE" }, { "text": "67. DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds \n(a) In general \nUntil the completion and implementation of the border security strategy described in section 51 of this Act, the Secretary of Homeland Security is authorized to transfer appropriated funds to the Secretary of Interior in accordance with the memorandum of understanding described in subsection (b) to support the security needs of the Department of the Interior, its bureaus, and tribal entities, including, the protection of border lands, critical infrastructure, and key resources. (b) Memorandum \nThe Secretary of Homeland Security and the Secretary of Interior shall enter into a memorandum of understanding regarding the funds described in subsection (a). This memorandum shall— (1) establish criteria for Department of Interior projects to receive such funding; (2) establish priorities among such projects; and (3) include a description of the scope of activities for such projects, including equipment, recurring maintenance, construction of facilities, recapitalization of facilities, and operations. (c) Report \nThe appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) shall be notified 15 days prior to any transfer of funds. Not later than September 30, 2005, the Secretary of Interior shall submit to the appropriate congressional committees (as so defined) a copy of the memorandum of understanding described in subsection (b).", "id": "HD0D667FF385A4194A3A4AB2F133C1496", "header": "DHS and DOI coordination on border security; provision of temporary authority to DHS to transfer funds" }, { "text": "71. State identification document standards \n(a) Standards for acceptance by Federal agencies \n(1) In general \nA Federal agency may not accept for any identification-related purpose a driver’s license or other comparable identification document issued by a State or subdivision thereof, including a birth certificate, unless the license or document is in a form that is consistent with requirements set forth in regulations promulgated by the Secretary of Homeland Security after consultation with the Department of Transportation, the chief driver’s license officials of each State, and any other organization determined appropriate by the Secretary that represents the States. The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating the license or document for fraudulent purposes and to limit use of the license or document by impostors. States or subdivisions thereof may use a biometric identifier in addition to these standards if they already do so, or choose to do so. (2) No national identification card \nNothing in this section shall be construed to authorize, directly or indirectly, the establishment, issuance, or use of a national identification card. (3) Deadline \nThe Secretary of Homeland Security shall promulgate the regulations referred to in paragraph (1) not later than 6 months after the date of the enactment of this Act. (b) Grants to state and local governments \n(1) Grants to states \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to States to assist them in issuing driver’s licenses and other comparable identification documents that satisfy the requirements under that subsection. (2) Grants to local governments \nBeginning on the date final regulations are promulgated under subsection (b), the Secretary of Homeland Security shall make grants to local governments to assist them in issuing birth certificates and other comparable identification documents that satisfy the requirements under that subsection. (3) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Effective dates and Application \n(1) In general \nExcept as otherwise provided in this subsection, this section shall take effect on the date of the enactment of this Act. (2) Prohibition on federal agencies \nSubsection (b)(1)— (A) shall take effect beginning on October 1, 2006; and (B) shall apply only to— (i) a license or document issued to an individual for the first time; and (ii) a replacement or renewal license or document issued according to State or local law.", "id": "HF8DBB68BFA5B47AF885E6346AC185BF6", "header": "State identification document standards" }, { "text": "72. Training in fraud detection and prevention for officers in divisions of motor vehicles \nThe Federal Law Enforcement Training Center shall create a program to train employees of U.S. Immigration and Customs Enforcement to provide, in the States, training in fraud detection and prevention to State and local law enforcement officers stationed, or intended to be stationed, in divisions of motor vehicles.", "id": "HADCAEC9F6B0F439088ACB8BB903C8313", "header": "Training in fraud detection and prevention for officers in divisions of motor vehicles" }, { "text": "81. Personnel increase \n(a) Authorization \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 225 the number of positions for full-time special agents of U.S. Immigration and Customs Enforcement carrying out duties related to border security above the number of such positions which existed at the end of fiscal year 2004. (b) Sense of Congress \nIt is the sense of the Congress that— (1) since U.S. Immigration and Customs Enforcement plays a key role in the fight against terrorism and in securing the borders, the Secretary of Homeland Security should work expeditiously to ensure all special agents and national security analytical support staff receive a Top Secret security clearance; and (2) maintenance of Top Secret security clearance must be a requirement of continued employment as a special agent.", "id": "H416C296EFFDE4C08A54DDFE12B104F5F", "header": "Personnel increase" }, { "text": "82. ICE strategy and staffing assessment \n(a) In general \nNot later than December 31 of each year, the Secretary of Homeland Security shall submit to the Government Accountability Office and the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written report describing its strategy for deploying human resources (including investigators and support personnel) to accomplish its border security mission. (b) Review \nNot later than 90 days after receiving any report under subsection (a), the Government Accountability Office shall submit to each appropriate congressional committee (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a written evaluation of such report, including recommendations pertaining to how U.S. Immigration and Customs Enforcement could better deploy human resources to achieve its border security mission through legislative or administrative action.", "id": "HFA00884EED2F4E4D8EC971005535D5AA", "header": "ICE strategy and staffing assessment" }, { "text": "85. Increase in detention space \n(a) Funding increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to ensure an average daily bed occupancy rate of 22,500 for detention and removal operations of U.S. Immigration and Customs Enforcement. (b) Personnel increase \nThere are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary so as to increase by 541 the number of positions for full-time employees of U.S. Immigration and Customs Enforcement carrying out duties in detention and removal operations above the number of such positions which existed at the end of fiscal year 2004. (c) Sense of Congress \nIt is the sense of the Congress that the Office of Detention and Removal Operation should be placed under the operational control of the Commissioner of U.S. Customs and Border Protection, since the largest client of such office is the Border Patrol. The Secretary of Homeland Security is directed to move the Office of Detention and Removal Operations from U.S. Immigration and Customs Enforcement to U.S. Customs and Border Protection. (d) Report on homeland security detention needs \nThe Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report on detention and removal operations, detailing the amount of additional detention space and resources required to detain all persons presenting a possible threat to homeland security. This report shall include information on alternatives to detention including electronic monitoring, telephone and voice recognition programs for those on bond, and conducting deportation proceedings prior to prisoners release from Federal, State, and local prisons. Additionally the report should provide information on countries to which removal is problematic.", "id": "H5FA896FD69374604AE9C2F9ECAFB9809", "header": "Increase in detention space" }, { "text": "86. Sense of Congress regarding processing of criminal aliens while incarcerated \nIt is the sense of the Congress that immigration cases involving incarcerated criminal aliens should be processed while the criminal alien is in prison. In order to maximize the use of existing detention space, the Department of Homeland Security should work with prisons in which criminal aliens are incarcerated to complete their removal or deportation proceeding before such aliens are released from prison and sent to Federal detention.", "id": "HFA31E0C065CD4572883B2FB67813AD9", "header": "Sense of Congress regarding processing of criminal aliens while incarcerated" }, { "text": "87. Sense of Congress regarding increase in prosecutors and immigration judges \nIt is the sense of the Congress that— (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of our immigration laws, and are an important part of a comprehensive strategy; (2) an insufficient number of prosecutors and immigration judges currently exists to enforce the immigration laws of the United States; and (3) therefore, appropriations should be authorized for appropriate staff increases for judicial and prosecutorial offices, commensurate with other personnel increases directed in this Act.", "id": "H50001DD703FE4EA2A4C08C4B31030000", "header": "Sense of Congress regarding increase in prosecutors and immigration judges" }, { "text": "91. New class of nonimmigrant aliens \n(a) In general \nSection 101(a)(15)(S) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(S) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the comma at the end and inserting ; or ; (3) by inserting after clause (ii) the following: (iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines— (I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise; (II) is willing to supply or has supplied such information to a Federal or State court; and (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise, ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General after jointly ; and (5) by striking (i) or (ii) and inserting (i), (ii), or (iii). (b) Admission of nonimmigrants \nSection 214(k) of the Immigration and Nationality Act ( 8 U.S.C. 1184(k) ) is amended— (1) by adding at the end of paragraph (1) the following: The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ; and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H2A3F869FFD734D9BA446070001B870CB", "header": "New class of nonimmigrant aliens" }, { "text": "92. Adjustment of status of nonimmigrant to that of person admitted for permanent residence \nSection 245(j) of the Immigration and Nationality Act ( 8 U.S.C. 1255(j) ) is amended— (1) in paragraph (3), by striking (1) or (2), and inserting (1), (2), (3), or (4), ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) If, in the opinion of the Secretary of Homeland Security, the Secretary of State, or the Attorney General— (A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and (B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation, the disruption of a commercial alien smuggling operation, or the prosecution of an individual described in subclause (III) of that section, the Secretary of Homeland Security may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). (4) The Secretary of Homeland Security may adjust the status of a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and daughters, and parents of the nonimmigrant if admitted under that section) to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the Secretary of State or the Attorney General. ; and (4) by adding at the end the following: (6) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a person whose status is adjusted under this subsection must be protected, such official may take such lawful action as the official considers necessary to effect such protection..", "id": "H358C9A7B79294A9B8B13F9DECAF10D8", "header": "Adjustment of status of nonimmigrant to that of person admitted for permanent residence" }, { "text": "95. Combating aggravated alien smuggling \n(a) Criminal penalties \nSection 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended by adding at the end the following: (4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if— (A) the offense was part of an ongoing commercial organization or enterprise; (B) aliens were transported in groups of 10 or more; (C) aliens were transported in a manner that endangered their lives or the aliens presented a life-threatening health risk to people in the United States; or (D) aliens were transported for purposes of prostitution or involuntary servitude.. (b) Rewards program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (e) Rewards program \n(1) Purpose \nThe rewards program shall be designed to assist in the elimination of aggravated alien smuggling. (2) Definition \nFor purposes of this subsection, the term aggravated alien smuggling means a violation for which increased penalties are provided under subsection (a)(4). (3) Administration \nThe rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized \nIn the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to commit an act of aggravated alien smuggling; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an aggravated alien smuggling organization in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an aggravated alien smuggling operation. (5) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility \nAn officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures \nIf the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of an individual who furnishes information or testimony described in paragraph (4), or the identity of any spouse, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification \n(A) Maximum amount \nNo reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a aggravated alien smuggling operation. (B) Approval \nAny reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment \nAny reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.. (c) Outreach program \nSection 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), as amended by subsection (b), is further amended by adding at the end the following: (f) Outreach program \nThe Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for bringing in and harboring aliens in violation of this section; and (2) the financial rewards and other incentives available under subsection (e) for assisting in the investigation, disruption, or prosecution of an aggravated alien smuggling operation..", "id": "H12E7D2C3D5F942A79CC8DD305412B1B3", "header": "Combating aggravated alien smuggling" }, { "text": "96. Increased criminal sentences and fines for alien smuggling \n(a) In general \nSubject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) so as to— (1) triple the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of— (A) 1 to 5 aliens from 10 months to 30 months; (B) 6 to 24 aliens from 18 months to 54 months; (C) 25 to 100 aliens from 27 months to 81 months; and (D) 101 aliens or more from 37 months to 111 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of $25,000 per alien or 3 times the amount the defendant received or expected to receive as compensation for the illegal activity; (3) increase by at least 2 offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, or permanent or life threatening injury; (4) for actions causing death, increase the offense level to be equivalent to that for involuntary manslaughter under section 1112 of title 18, United States Code; and (5) for corporations or other business entities that knowingly benefit from such offenses, increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to $50,000 per alien employed directly, or indirectly through contract, by the corporation or entity. (b) Exception \nSubsection (a) shall not apply to an offense that involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child). (c) Deadline \nThe United States Sentencing Commission shall carry out subsection (a) not later than the date that is 6 months after the date of the enactment of this Act.", "id": "HD25DC870B2A746C891636B957D311EFB", "header": "Increased criminal sentences and fines for alien smuggling" }, { "text": "97. Increased penalty for smuggling \n(a) In general \nThe third undesignated paragraph of section 545 of title 18, United States Code, is amended by striking ‘‘five years’’ and inserting ‘‘20 years’’. (b) Enhanced penalty for causing death \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide sentencing enhancements for an offense under section 545 of title 18, United States Code, as amended by subsection (a), that results in the death of a person. (c) Consistency with other guidelines \nIn carrying out this section, the United States Sentencing Commission— (1) shall ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) shall avoid duplicative punishments for substantially the same offense.", "id": "H00C95A9B325A4B32BE4122CEB0D2B032", "header": "Increased penalty for smuggling" }, { "text": "101. Office of International Affairs; effective and efficient management and coordination of international assignments \nSection 879(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 459(b) ) is amended by adding at the end the following: (5) To manage all overseas assignments of personnel of the Department, including by coordinating with the Department of State with respect to such assignments and related support matters..", "id": "H479AA884F8884ED5B09DF600D22978AF", "header": "Office of International Affairs; effective and efficient management and coordination of international assignments" }, { "text": "102. Creation of an Office of Overseas Service \nSection 879 of the Homeland Security Act of 2002 ( 6 U.S.C. 459 ) is amended by adding at the end the following: (c) Office of overseas service \n(1) In general \nThe Secretary shall create an Office of Overseas Service within the Office of International Affairs similar to the Foreign Agricultural Service of the Department of Agriculture and the United States and Foreign Commercial Service of the Department of Commerce. The Director of the Office of International Affairs shall be responsible for administering the Office of Overseas Service. (2) Functions \nThe Office of Overseas Service shall be responsible for the following functions: (A) Serving as the contact for the Department of Homeland Security with the State Department to coordinate overseas assignments. (B) Recruitment of personnel for overseas service. (C) Retention of personnel for overseas service. (D) Oversight of training of personnel for overseas service. (3) Study and report \n(A) Study \nPrior to creating the Office of Overseas Service, the Secretary shall direct the Director of the Office of International Affairs to conduct a study on how best to create a foreign service component for the Department for the purpose of adequately recruiting and retaining personnel who are willing and able to serve in the Department in an overseas capacity. (B) Report \nNot later than January 1, 2005, the Director of the Office of International Affairs shall prepare and submit to the appropriate congressional committees (as defined by section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) a report that contains the results of the study on creating an Office of Overseas Service conducted pursuant to subparagraph (A) and an implementation plan for carrying out such study’s recommendations..", "id": "H10E78CEFEF6F41CDBE8B2FAF8B211635", "header": "Creation of an Office of Overseas Service" }, { "text": "105. Implementing a more effective visa security program \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a report— (1) outlining how the Department of Homeland Security will implement the recommendations of the report issued in August 2004 by the Office of the Inspector General of the Department of Homeland Security entitled An Evaluation of DHS Activities to Implement Section 428 of the Homeland Security Act of 2002 ; (2) detailing such department’s progress in implementing each of the recommendations described in paragraph (1); and (3) examining the visa security program’s effectiveness as a counter-terrorism program. (b) Consultation \nIn preparing the report described in subsection (a), the Secretary of Homeland Security shall consult with the Secretary of State. (c) Contents \nThe report shall also include the following: (1) Overseas placement of visa security officers \nThe report shall assess the criteria used in deciding where to station or not to station visa security officers (2) Qualifications of visa security officers \nThe report shall assess the skills required of a visa security officer, including required foreign language skills. (3) Duties \nThe report shall contain both the model visa security officer position description and the current duties of the visa security officers stationed overseas. (4) Placement within Department \nThe report shall contain a recommendation on the proper location of the program within Department of Homeland Security to maximize its value as a counter-terrorism program.", "id": "H0581303661E44A1E9D279909C185F033", "header": "Implementing a more effective visa security program" }, { "text": "106. Visa waiver program passenger screening; biographical checks \n(a) In general \nThe Secretary of Homeland Security shall establish, as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ), an electronic system through which an alien seeking to enter the United States without a visa under the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is required to submit biographical information prior to embarkation. (b) Elements \nThe electronic system required to be established under subsection (a) shall satisfy the following requirements: (1) Electronic determination of eligibility \nThe system shall include a method for an electronic determination to be made, and an electronic response to be provided, in 30 minutes or less, as to whether or not an alien submitting information as described in subsection (a) is eligible to be admitted to the United States as a nonimmigrant visitor described in section 101(a)(15)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(B) ). (2) Carrier obligations \nThe system shall include a method for requiring— (A) carriers and other corporations described in section 217(a)(5) of such Act ( 8 U.S.C. 1187(a)(5) ) to inquire electronically, prior to an alien passenger’s embarkation without a visa, whether the alien has been determined, using the system described in this section, to be eligible for such an admission; and (B) the electronic response to such inquiry to be provided in 90 seconds or less. (3) Deployment \nThe system shall be deployed as soon as possible after the date of the enactment of this Act. (4) Fee \nThe Secretary of Homeland Security shall establish a fee to be charged to aliens described in subsection (a) that is set at a level that will ensure the recovery of the full costs of establishing and operating the system. (c) Consultation \nIn developing the system, the Secretary of Homeland Security shall consult with, and allow for the system’s review by, a private sector group consisting of individuals with expertise in immigration, travel, tourism, privacy, national security, or computer security issues.", "id": "H67EDD60D9CE84FD39E70AFFE454071C", "header": "Visa waiver program passenger screening; biographical checks" }, { "text": "107. Defining security responsibilities of the Visa Waiver Program Office \n(a) In general \nThe Secretary of Homeland Security shall create a Visa Waiver Program Office. (b) Functions \nThe functions of the head of the Visa Waiver Program Office shall include the following: (1) Developing a plan to submit the annual report required under section 110(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1221 note). (2) Developing protocols and a plan to conduct biennial country reviews. (3) Determining funding levels necessary to support the conduct of country reviews and to carry out the other responsibilities of the office. (4) Developing a process to comprehensively check all lost and stolen passport data provided countries designated as visa waiver program countries under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) against entry and exit data in information systems of the United States. (5) Developing procedures to collect and analyze data concerning the fraudulent use of visa waiver program passports. (6) Including in the country review protocols provisions to review document manufacturing and issuing security practices. (7) Coordinating with the Department of State to establish standard operating procedure for systemic and proactive collection of lost and stolen passport information. (8) Requiring that inventory control numbers and passport numbers be queried in lookout systems. (9) Reviewing policies that allow the return of fraudulent travel documents to those who presented them when they are sent back to their countries of origin.", "id": "HC6FE13AE131B4414942FC3E8FD6EF65", "header": "Defining security responsibilities of the Visa Waiver Program Office" }, { "text": "108. Additional and continuous training for inspectors in fraud and imposter detection \n(a) Fraud detection \nThe Secretary of Homeland Security shall provide inspectors conducting inspections of aliens entering the United States pursuant to the visa waiver program described in section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) with enhanced and continuous training in detecting imposters and in passport and document fraud detection. Additional training should be provided when any program country designated under such section makes changes in its passports. The Secretary shall report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )) on the amount and the type of training received such inspectors on detecting and handling fraudulent documents. (b) Foreign languages \nThe Secretary of Homeland Security shall provide inspectors described in subsection (a) with foreign language training in languages determined to be necessary to carrying out the anti-terrorism and law enforcement functions of such inspectors. (c) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to develop the capability to scan fraudulent documents and to transmit a high quality color image to the forensic document laboratory. The Secretary of Homeland Security shall ensure that staff is available in the Forensic Document Laboratory on a 24-hour basis to assist in determining the validity of the scanned document.", "id": "HD1A2AEA4CB284EEAB5D9C68BEDC21BB4", "header": "Additional and continuous training for inspectors in fraud and imposter detection" }, { "text": "109. Authorization of funds \nThere are authorized to be appropriated such sums as may be necessary to carry out the functions described in this subchapter.", "id": "H5F95961F1C1E415A8F005842B5F3EC8", "header": "Authorization of funds" }, { "text": "111. Immigration ombudsman \n(a) Extension of authority to all immigration functions \nSection 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended— (1) in subsection (a), by striking Citizenship and Immigration Services and inserting Immigration ; (2) in subsection (b)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services and inserting U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, or U.S. Customs and Border Protection ; and (B) in each of paragraphs (2) and (3), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting such entities ; (3) in subsection (c)— (A) in paragraph (1), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b) ; and (B) in paragraph (2), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection Commissioner ; (4) in subsection (d)— (A) in paragraph (2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; and (B) in paragraph (4), by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection Commissioner ; (5) in subsection (e)(2), by striking the Bureau of Citizenship and Immigration Services and inserting the entities described in subsection (b) ; (6) in subsection (f)— (A) by amending the subsection heading to read as follows: Responsibilities.— ; (B) by striking Director of the Bureau of Citizenship and Immigration Services, and inserting Director of U.S. Citizenship and Immigration Services, Assistant Secretary for U.S. Immigration and Customs Enforcement, and the U.S. Customs and Border Protection Commissioner ; and (C) by striking director each place such term appears and inserting person ; and (7) in subsection (g), by striking the Bureau of Citizenship and Immigration Services each place such term appears and inserting the entities described in subsection (b). (b) Public information campaign; private sector input \n(1) In general \nSection 452(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(d) ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) shall launch a public information campaign; and (6) shall establish a group, which shall consist of private individuals, and Federal, State, and local government officials, with expertise in migration, travel, trade, or national security issues, to provide the Ombudsman with private sector input.. (2) Authorization of appropriations \nThere are authorized to be appropriated for such sums as may be necessary to carry out the amendments made by paragraph (1). (c) Additional reporting requirements \nSection 452(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(c) ) is amended— (1) in subparagraph (F), by striking and at the end; (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following: (G) shall state the percentage of complaints that can be traced to delays in benefits processing; and (H) shall describe the extent to which delays in benefits processing are attributable to entities outside of the Department, particularly government agencies conducting background checks..", "id": "HC389AF06D2174068A71F4679764D98F9", "header": "Immigration ombudsman" }, { "text": "112. CIS workflow, technology, and staffing assessment \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive assessment of U.S. Citizenship and Immigration Services within the Department of Homeland Security. Such assessment shall include study of personnel, administrative and technical support positions, technology, training, and facilities. (b) Workflow \nAs part of the study, the Comptroller General shall examine all elements of such unit’s workflow, in order to determine the most efficient way to handle its work without compromising security. Any obstacles associated with security matters should be identified and recommendations should be made on ways to minimize such obstacles without compromising security. The Comptroller General should assess the division of work, adequacy of infrastructure (particularly information technology), as well as personnel needs. (c) Interactions with other organizations \nAs part of the study, the Comptroller General shall examine the unit's interactions with other government organizations. Specifically, the Comptroller General shall determine whether existing memoranda of understanding and divisions of responsibility, especially any which pre-date the establishment of the Department of Homeland Security, need to be revised in order to improve the bureau’s service delivery. (d) Backlog cost \nAs part of the study, the Comptroller General shall assess the current cost of maintaining the backlog (as defined in section 203 of the Immigration Services and Infrastructure Improvements Act of 2000 ( 8 U.S.C. 1572 )). (e) Interviews \nThe Comptroller General may interview any front-line personnel, without supervisors present, to determine priorities and needs. (f) Information technology \nAspects of this study related to information technology should be coordinated with the Chief Information Officer for the Department of Homeland Security and should build on the findings of the task force established by section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 ( Public Law 106–215 ). (g) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )). It shall include recommendations for resource allocation.", "id": "H1605E4090E804419A567004B3CDAADB", "header": "CIS workflow, technology, and staffing assessment" }, { "text": "113. Study on biometrics \n(a) In general \nThe Secretary of Homeland Security, in consultation with the Director of the National Institute of Standards and Technology, shall conduct a study of all biometric identifiers that might be collected for purposes of processing and adjudicating applications and petitions for immigration benefits, and shall determine which among these identifiers would be most appropriate for the purposes described in subsection (b). The Secretary shall provide the resources necessary properly to conduct the study. (b) Uses \nIn carrying out subsection (a), the Secretary shall consider the use of a biometric identifier— (1) to register or catalogue a petition or application for an immigration benefit upon submission to the appropriate Federal agency; (2) to check the petitioner or applicant against watch lists; (3) as part of the integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1365a ); and (4) to conduct background checks with Federal intelligence agencies. (c) Factors \nThe Secretary shall consider the following factors in making the determination under subsection (a): (1) Accuracy (2) The technology available. (3) Economic considerations. (4) Storage. (5) Efficiency. (d) Submission \nThe study should be completed within one year of enactment, and shall be submitted to the Secretary of State and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H40D472035EB54CE887DCDA2FD3B98E0", "header": "Study on biometrics" }, { "text": "114. Digitizing immigration functions \n(a) Digitized fingerprints \nNot later than January 1, 2005, all fingerprints taken for purposes of adjudicating an application or petition for an immigration benefit shall be digitized. (b) Registering applications by biometric \nNot later than January 1, 2005, all applications and petitions for an immigration benefit shall be registered or catalogued by the receiving agency using a biometric identifier. Initially, such biometric identifier shall be a fingerprint. Subsequently, the Secretary of Homeland Security may select one or more alternative biometric identifiers to be used for such purposes, taking into account factors such as efficiency, accuracy, the technology available, economic considerations, and storage requirements.", "id": "H9432E1A287F1467B8E1630F8DE1B3351", "header": "Digitizing immigration functions" }, { "text": "115. Study on digitizing immigration benefit applications \n(a) In general \nThe Comptroller General of the United States shall conduct a comprehensive study on digitizing all applications and petitions for an immigration benefit, including digital storage, cataloguing, and the ability to apply for all types of immigration benefits through digital means. The study should consider costs for both the Federal Government and the applicant or petitioner, as well as the feasibility for all types of persons to apply by digital means. (b) Submission \nThe study should be completed not later than January 1, 2005, and shall be submitted to the Secretary of Homeland Security, the Secretary of State, and the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 )).", "id": "H86E7C6F0E50243B4AB60846298D02149", "header": "Study on digitizing immigration benefit applications" }, { "text": "121. Public transportation system grants and training \n(a) Homeland security public transportation grants \n(1) Authorization \nThe Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security— (A) in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs; (B) with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and (C) with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards. (2) Considerations \nAmong the considerations on which grants shall be awarded are the following: (A) Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation. (B) Merits of the proposed projects to increase national security, based on a consideration of— (i) threats; (ii) vulnerabilities; (iii) consequences, including human casualties and economic impacts; (iv) consequence management; (v) the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and (vi) feasibility, based on the technical and operational merits of the projects. (3) Allowable use of funds \nGrants made under this subsection shall be used for the purposes of— (A) support for increased capital investments in cameras, close-circuit television, and other surveillance systems; (B) increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems; (C) increased training, including for carrying out exercises under subsection (b), and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination; (D) expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents; (E) capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels; (F) capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel; (G) acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and (H) expansion of employee education and public awareness campaigns regarding security on public transportation systems. (4) Eligible recipients \nGrants shall be made available under this subsection directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary. (5) Accountability \nThe Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this subsection are expended in accordance with the purposes of this section and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has used any portion of the grant funds received under this subsection for a purpose other than the allowable uses specified for that grant under this subsection, the grantee shall return any amount so used to the Treasury of the United States. (6) Procedures for grant award \nThe Secretary shall prescribe procedures and schedules for the awarding of grants under this subsection, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act. (7) Cost share \nGrants made under this subsection shall account for no more than— (A) 85 percent for fiscal year 2005; (B) 80 percent for fiscal year 2006; and (C) 75 percent for fiscal year 2007, of the expense of the purposes for which the grants are used. (8) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary to carry out the purposes of this subsection— (A) $1,200,000,000 for fiscal year 2005; (B) $900,000,000 for fiscal year 2006; and (C) $700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this paragraph shall remain available until expended. (b) Training exercises \n(1) Guidelines \nNot later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under subsection (a) of appropriate exercises for emergency response and public transportation employee training purposes. (2) Plans \nNot later than 6 months after receipt of a grant under subsection (a), the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under paragraph (1). (3) Exercises \n(A) Requirement \nNot later than 1 year after receipt of a grant under subsection (a), the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under paragraph (2). (B) Exemptions \nThe Secretary may exempt a grant recipient from the requirement under subparagraph (A) if the recipient has recently conducted an equivalent exercise. (C) Notice and report \nNot later than 30 days after conducting an exercise under subparagraph (A) or as described in subparagraph (B), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this paragraph, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise. (4) Technical assistance \nThe Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises. (5) Use of plans \nThe Secretary shall ensure that information submitted to the Secretary under this subsection is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities. (c) Definition \nFor the purposes of this section— (1) the term public transportation employees means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.", "id": "H6493306DEC8B43F181E37EBB8C0779D", "header": "Public transportation system grants and training" }, { "text": "122. Public transportation security plan, best practices, and awareness \n(a) Security best practices \nThe Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (b) Public awareness \nNot later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this subsection. (c) Security plan \n(1) Requirement \nNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall develop a strategic plan for the security of the Nation’s public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall— (A) include a comprehensive assessment of risks to the Nation’s public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack; (B) take into account actions taken or planned by both public and private entities to address identified security issues; (C) describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in subsection (a)); (D) make prioritized recommendations for improving public transportation system security; (E) identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert; (F) identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems; (G) contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan; (H) identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and (I) identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress. (2) Implementation \nThe Secretary shall begin implementation of the plan not later than 3 months after its development. (3) Consultation; use of existing resources \nIn developing the plan under this subsection, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials. (4) Format \nThe Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary. (5) 2-Year updates \nThe Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress. (d) Definition \nFor the purposes of this section— (1) the term public transportation employees means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and (2) the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.", "id": "H4F8A150F163845DEA703FA2BC5EA06E0", "header": "Public transportation security plan, best practices, and awareness" }, { "text": "123. Memorandum of Agreement \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security. (b) Definition \nFor the purposes of this section the term public transportation systems means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.", "id": "HCB8C713DC0C840DF8249C229CDDDD541", "header": "Memorandum of Agreement" }, { "text": "130. Short title \nThis title may be cited as the Secure Containers from Overseas and Seaports from Terrorism Act or the Secure COAST Act.", "id": "H38AF8CA2181A4D3784D2ABC5DA52B9F", "header": "Short title" }, { "text": "131. Amendments to the Homeland Security Act of 2002 \n(a) In general \nTitle IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by adding at the end the following new subtitle: G Bureau of Customs and Border Protection Security Programs \n481. Standards and verification procedures for the security of maritime cargo containers \n(a) Standards and Verification Procedures \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of maritime cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading. (b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of Operation Safe Commerce, the interagency Container Working Group, and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nMaritime cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing maritime cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies relating to security seals. (c) Evaluation of Container Tracking Technologies, Container Targeting, and Security of Empty Containers \n(1) Evaluation \nThe Secretary, acting through the Under Secretary for Border and Transportation Security, shall carry out the following: (A) Container tracking technologies \nThe Secretary shall evaluate the security benefits of existing technology for container tracking from the point of loading to its final destination, such as electronic seals or intrusion detection devices that can detect a physical breach of a container. In addition to determining the security benefits, the Secretary shall determine the costs, infrastructure, communication system, required to deploy such technology in the intermodal transportation system, including incentives for investment in such technology. (B) Container targeting \nThe Secretary shall evaluate trade information, in addition to cargo manifest information, such as purchase orders, port of origin data, and transshipment data, which would improve the ability of the Bureau of Customs and Border Protection to carry out risk analysis of containers. (2) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of the evaluations carried out under paragraph (1), including any recommendations thereto. 482. Validation of security measures under the C–TPAT program \n(a) General Validation \nNot later than September 30, 2005, and on an annual basis thereafter, the Commissioner of the Bureau of Customs and Border Protection shall conduct on site validations of each individual and entity participating in the C–TPAT program to ensure that the individual or entity is implementing appropriate security measures under the program. The Commissioner may certify private security companies to carry out the validation process described in the preceding sentence. (b) Specific Validation \nThe Commissioner shall establish inspection teams under the C–TPAT program to evaluate the program’s security requirements and, as circumstances warrant, to carry out unannounced inspections of individuals and entities participating in the program to ensure compliance with the security requirements. (c) Penalties for Non-Compliance \nThe Commissioner shall establish penalties for non-compliance with the requirements of the C–TPAT program by individuals and entities participating in the program, including probation or expulsion from the program, as appropriate. 483. Deployment of radiation detection portal equipment; integrated cargo inspection system \n(a) Deployment of radiation detection portal equipment \n(1) Deployment \nNot later than September 30, 2005, the Commissioner of the Bureau of Customs and Border Protection shall deploy radiation detection portal equipment at all United States seaports, other United States ports of entry, and major facilities as determined by the Secretary. (2) Report \nNot later than December 31, 2004, the Commissioner shall submit to the appropriate congressional committees a report on the implementation of the requirement under paragraph (1). (3) Authorization of appropriations \nThere is authorized to be appropriated to the Commissioner $290,000,000 for fiscal year 2005 to carry out this subsection. (b) Integrated Cargo Inspection System \n(1) Plan \nThe Commissioner of the Bureau of Customs and Border Protection shall develop a plan to integrate radiation detection portal equipment with gamma-ray inspection technology equipment at United States seaports and foreign seaports that are participating the Container Security Initiative in order to facilitate the detection of nuclear weapons in maritime cargo containers. Such plan shall include methods for automatic identification of containers and vehicles for inspection in a timely manner and a data sharing network capable of transmitting gamma-ray images and cargo data among relevant ports and the National Targeting Center of the Bureau of Customs and Border Protection. (2) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains— (A) a description of the plan developed under paragraph (1), including any infrastructure improvements required at the seaports involved; (B) an estimate of the costs associated with implementation of the plan; and (C) an estimate of the timeframe for implementation of the plan. 484. Staffing assessment of seaport security missions \n(a) Study \nThe Commissioner of the Bureau of Customs and Border Protection shall conduct a study to determine the number of Bureau inspectors and other appropriate personnel that should be stationed at United States seaports and foreign seaports that are participating in the Container Security Initiative (CSI) to support increased inspections of low risk cargo, deployment of personnel at foreign seaports for a period of at least one year, and the manning of radiation portal monitors installed at such seaports. In determining such number of Bureau inspectors, the Commissioner shall take into account the requirements contained in the other sections of this subtitle. (b) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains the results of the study conducted under subsection (a). 485. CSI report \nNot later than 180 days after the date of the enactment of the Secure COAST Act , and on an annual basis thereafter, the Secretary, acting through the Commissioner of the Bureau of Customs and Border Protection, shall prepare and submit to the appropriate congressional committees a report that contains all cargo inspection data at foreign seaports participating in the Container Security Initiative (CSI) for the prior year. The initial report shall include the plan for the ‘strategic port’ phase of the CSI. 486. Definitions \nIn this subtitle: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Ways and Means, the Select Committee on Homeland Security (or any successor committee), and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Governmental Affairs of the Senate. (2) Bureau of customs and border protection or bureau \nThe term Bureau of Customs and Border Protection or Bureau means the Bureau of Customs and Border Protection of the Department. (3) Commissioner \nThe term Commissioner means the Commissioner of the Bureau of Customs and Border Protection. (4) Container security initiative or csi \nThe term Container Security Initiative or CSI means the program carried out by the Bureau of Customs and Border Protection under which Bureau personnel are deployed to major seaports outside the United States to work with their host country counterparts to— (A) establish security criteria to identify high-risk maritime cargo containers bound for the United States based on advance information; (B) identify and pre-screen such maritime cargo containers for chemical, biological, or nuclear weapons through examination or inspection; and (C) develop secure or smart maritime cargo containers. (5) C– TPAT program \nThe term C–TPAT program means the Customs-Trade Partnership Against Terrorism program carried out by the Bureau of Customs and Border Protection under which importers, brokers, air, sea, and land carriers, and other individuals and entities in the intermodal transportation system voluntarily enter into partnerships with the Bureau to establish and carry out a validation process to ensure that participants are implementing appropriate security measures to protect the system from being compromised by individual terrorists and terrorist organizations. (6) Interagency container working group \nThe term Interagency Container Working Group means the working group consisting of representatives of the former United States Customs Service and the National Infrastructure Security Committee of the Department of Transportation that provided recommendations relating to the security of intermodal cargo containers to the Office of Homeland Security in the Executive Office of the President. (7) Operation safe commerce \nThe term Operation Safe Commerce means the program carried out by the Department of Transportation and the Bureau of Customs and Border Protection to fund business initiatives designed to enhance security for maritime cargo containers moving within the intermodal transportation system. (8) Smart and secure trade lane program \nThe term Smart and Secure Trade Lane Program means the program carried out by the intermodal transportation industry to provide security and ensure efficiency throughout the intermodal transportation system, specifically by developing technology to improve the security of intermodal cargo containers and to improve information sharing within the industry relating to such security and efficiency. (b) Clerical Amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding after the items relating to subtitle F of title IV the following new items: Subtitle G—Bureau of Customs and Border Protection Security Programs Sec. 481. Standards for the security of maritime cargo containers Sec. 482. Validation of security measures under the C–TPAT program Sec. 483. Deployment of radiation detection portal equipment; integrated cargo inspection system Sec. 484. Staffing assessment of seaport security missions Sec. 485. CSI report Sec. 486. Definitions.", "id": "H9EECE64ADCC14830A27216341011C5F8", "header": "Amendments to the Homeland Security Act of 2002" }, { "text": "481. Standards and verification procedures for the security of maritime cargo containers \n(a) Standards and Verification Procedures \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary, acting through the Under Secretary for Border and Transportation Security, shall establish standards and verification procedures for the security of maritime cargo containers moving within the intermodal transportation system, including standards for sealing and procedures for seal verifications for cargo containers at loading. (b) Requirements \nThe standards and verification procedures established pursuant to subsection (a) shall be consistent with the cargo container security recommendations of Operation Safe Commerce, the interagency Container Working Group, and the Smart and Secure Trade Lane program and shall meet the following additional requirements: (1) Seal standards \nMaritime cargo containers shall at a minimum be affixed with a security seal equivalent to the level D high security seal (as certified by the International Organization for Standardization (ISO); Certification No. 17712) at loading. (2) Seal verification \nProcedures shall be established for the verification of security seals described in paragraph (1), including procedures to determine which individuals and entities in the intermodal transportation system are responsible for sealing maritime cargo containers, recording of seal numbers, changes to such numbers if a container is opened, and anomalies relating to security seals. (c) Evaluation of Container Tracking Technologies, Container Targeting, and Security of Empty Containers \n(1) Evaluation \nThe Secretary, acting through the Under Secretary for Border and Transportation Security, shall carry out the following: (A) Container tracking technologies \nThe Secretary shall evaluate the security benefits of existing technology for container tracking from the point of loading to its final destination, such as electronic seals or intrusion detection devices that can detect a physical breach of a container. In addition to determining the security benefits, the Secretary shall determine the costs, infrastructure, communication system, required to deploy such technology in the intermodal transportation system, including incentives for investment in such technology. (B) Container targeting \nThe Secretary shall evaluate trade information, in addition to cargo manifest information, such as purchase orders, port of origin data, and transshipment data, which would improve the ability of the Bureau of Customs and Border Protection to carry out risk analysis of containers. (2) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains the results of the evaluations carried out under paragraph (1), including any recommendations thereto.", "id": "H86BBF46CDC714F2A8F797C05E9FF7E3B", "header": "Standards and verification procedures for the security of maritime cargo containers" }, { "text": "482. Validation of security measures under the C–TPAT program \n(a) General Validation \nNot later than September 30, 2005, and on an annual basis thereafter, the Commissioner of the Bureau of Customs and Border Protection shall conduct on site validations of each individual and entity participating in the C–TPAT program to ensure that the individual or entity is implementing appropriate security measures under the program. The Commissioner may certify private security companies to carry out the validation process described in the preceding sentence. (b) Specific Validation \nThe Commissioner shall establish inspection teams under the C–TPAT program to evaluate the program’s security requirements and, as circumstances warrant, to carry out unannounced inspections of individuals and entities participating in the program to ensure compliance with the security requirements. (c) Penalties for Non-Compliance \nThe Commissioner shall establish penalties for non-compliance with the requirements of the C–TPAT program by individuals and entities participating in the program, including probation or expulsion from the program, as appropriate.", "id": "H5A72C2E2BC30406C90C87DBECCEFC1B", "header": "Validation of security measures under the C–TPAT program" }, { "text": "483. Deployment of radiation detection portal equipment; integrated cargo inspection system \n(a) Deployment of radiation detection portal equipment \n(1) Deployment \nNot later than September 30, 2005, the Commissioner of the Bureau of Customs and Border Protection shall deploy radiation detection portal equipment at all United States seaports, other United States ports of entry, and major facilities as determined by the Secretary. (2) Report \nNot later than December 31, 2004, the Commissioner shall submit to the appropriate congressional committees a report on the implementation of the requirement under paragraph (1). (3) Authorization of appropriations \nThere is authorized to be appropriated to the Commissioner $290,000,000 for fiscal year 2005 to carry out this subsection. (b) Integrated Cargo Inspection System \n(1) Plan \nThe Commissioner of the Bureau of Customs and Border Protection shall develop a plan to integrate radiation detection portal equipment with gamma-ray inspection technology equipment at United States seaports and foreign seaports that are participating the Container Security Initiative in order to facilitate the detection of nuclear weapons in maritime cargo containers. Such plan shall include methods for automatic identification of containers and vehicles for inspection in a timely manner and a data sharing network capable of transmitting gamma-ray images and cargo data among relevant ports and the National Targeting Center of the Bureau of Customs and Border Protection. (2) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains— (A) a description of the plan developed under paragraph (1), including any infrastructure improvements required at the seaports involved; (B) an estimate of the costs associated with implementation of the plan; and (C) an estimate of the timeframe for implementation of the plan.", "id": "H1723D686E2AC4A61A11C8C8F00CC6325", "header": "Deployment of radiation detection portal equipment; integrated cargo inspection system" }, { "text": "484. Staffing assessment of seaport security missions \n(a) Study \nThe Commissioner of the Bureau of Customs and Border Protection shall conduct a study to determine the number of Bureau inspectors and other appropriate personnel that should be stationed at United States seaports and foreign seaports that are participating in the Container Security Initiative (CSI) to support increased inspections of low risk cargo, deployment of personnel at foreign seaports for a period of at least one year, and the manning of radiation portal monitors installed at such seaports. In determining such number of Bureau inspectors, the Commissioner shall take into account the requirements contained in the other sections of this subtitle. (b) Report \nNot later than 180 days after the date of the enactment of the Secure COAST Act, the Commissioner shall prepare and submit to the appropriate congressional committees a report that contains the results of the study conducted under subsection (a).", "id": "H3D306B7A7ACE4FC094C56E00D71DE419", "header": "Staffing assessment of seaport security missions" }, { "text": "485. CSI report \nNot later than 180 days after the date of the enactment of the Secure COAST Act , and on an annual basis thereafter, the Secretary, acting through the Commissioner of the Bureau of Customs and Border Protection, shall prepare and submit to the appropriate congressional committees a report that contains all cargo inspection data at foreign seaports participating in the Container Security Initiative (CSI) for the prior year. The initial report shall include the plan for the ‘strategic port’ phase of the CSI.", "id": "H5F3554FC4A24461EA4D3C0AC9B6F2633", "header": "CSI report" }, { "text": "486. Definitions \nIn this subtitle: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Ways and Means, the Select Committee on Homeland Security (or any successor committee), and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Governmental Affairs of the Senate. (2) Bureau of customs and border protection or bureau \nThe term Bureau of Customs and Border Protection or Bureau means the Bureau of Customs and Border Protection of the Department. (3) Commissioner \nThe term Commissioner means the Commissioner of the Bureau of Customs and Border Protection. (4) Container security initiative or csi \nThe term Container Security Initiative or CSI means the program carried out by the Bureau of Customs and Border Protection under which Bureau personnel are deployed to major seaports outside the United States to work with their host country counterparts to— (A) establish security criteria to identify high-risk maritime cargo containers bound for the United States based on advance information; (B) identify and pre-screen such maritime cargo containers for chemical, biological, or nuclear weapons through examination or inspection; and (C) develop secure or smart maritime cargo containers. (5) C– TPAT program \nThe term C–TPAT program means the Customs-Trade Partnership Against Terrorism program carried out by the Bureau of Customs and Border Protection under which importers, brokers, air, sea, and land carriers, and other individuals and entities in the intermodal transportation system voluntarily enter into partnerships with the Bureau to establish and carry out a validation process to ensure that participants are implementing appropriate security measures to protect the system from being compromised by individual terrorists and terrorist organizations. (6) Interagency container working group \nThe term Interagency Container Working Group means the working group consisting of representatives of the former United States Customs Service and the National Infrastructure Security Committee of the Department of Transportation that provided recommendations relating to the security of intermodal cargo containers to the Office of Homeland Security in the Executive Office of the President. (7) Operation safe commerce \nThe term Operation Safe Commerce means the program carried out by the Department of Transportation and the Bureau of Customs and Border Protection to fund business initiatives designed to enhance security for maritime cargo containers moving within the intermodal transportation system. (8) Smart and secure trade lane program \nThe term Smart and Secure Trade Lane Program means the program carried out by the intermodal transportation industry to provide security and ensure efficiency throughout the intermodal transportation system, specifically by developing technology to improve the security of intermodal cargo containers and to improve information sharing within the industry relating to such security and efficiency.", "id": "H7AFEAE18DE1F4034A8F418B946A3EA40", "header": "Definitions" }, { "text": "135. Port security grant funding \nSection 70107(h) of title 46, United States Code, is amended to read as follows: (h) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out subsections (a) through (g)— (1) $537,000,000 for fiscal year 2005; and (2) such sums as are necessary for each subsequent fiscal year..", "id": "H1A118561E7D54F0BA2E2245002E0733", "header": "Port security grant funding" }, { "text": "136. Funding for collaborative program for development of maritime information sharing and analysis capability \n(a) Fiscal year 2005 \nOf the amounts authorized to be appropriated to the Department of Homeland Security, $3,000,000 shall be available for a grant to assist the maritime industry to develop and operare a colloaborative maritime information sharing and analysis capability. (b) Sense of Congress \nIt is the sense of Congress that— (1) the President should include in budget requests submitted for fiscal years 2006 and 2007 sufficient funds to ensure that such a maritime information sharing and analysis capability is fully operational before fiscal year 2008; and (2) the maritime industry should pay at least half of the operating costs of such capability incurred in fiscal year 2008 and thereafter.", "id": "H61B3C28C76384E33B0C3D9E5C4E7422E", "header": "Funding for collaborative program for development of maritime information sharing and analysis capability" }, { "text": "137. Appropriate congressional committees defined \nIn this title the term appropriate congressional committees means the Committee on Transportation and Infrastructure, the Select Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science and Transportation and the Committee on Appropriations of the Senate.", "id": "HF361976ACE3244B1B4055693AB7B7D4C", "header": "Appropriate congressional committees defined" }, { "text": "141. Acceleration of integrated deepwater program \nIn addition to any other amounts authorized, there is authorized to be appropriated to the Secretary of Homeland Security $1,892,000,000 for fiscal year 2005 for the acquisition and construction of vessels, aircraft, shore and offshore facilities and other components associated with the Integrated Deepwater System in accordance with the report required by section 888 of the Homeland Security Act of 2002 (116 Stat. 2250).", "id": "HE71404068E1F47598E5BD87804F6BAD4", "header": "Acceleration of integrated deepwater program" }, { "text": "142. Increase in authorized Coast Guard personnel \nThe Coast Guard is authorized an end-of-year strength for active duty personnel of 50,000 as of September 30 of each of 2005 and 2006.", "id": "H8441C581D7144A3B8131505582DA79D7", "header": "Increase in authorized Coast Guard personnel" }, { "text": "143. Sense of the Congress regarding naming new vessels under the Deepwater Program for cities of the United States \nIt is the sense of the Congress that the Coast Guard should consider including in its naming protocols for new vessels constructed under the Deepwater Program the names of cities of the United States, in recognition of their support and friendly relationship to the Coast Guard and the challenge to cities in the United States from terrorism.", "id": "H6B7336FE4FFA40F8AC38C863B1CA3309", "header": "Sense of the Congress regarding naming new vessels under the Deepwater Program for cities of the United States" }, { "text": "151. Passenger and baggage screening operations \n(a) Study \nThe Secretary of Homeland Security shall conduct a study on the workforce size needed to adequately conduct passenger and baggage screening operations. The study shall include an analysis of the optimal screener workforce for security purposes, taking into account the following: passenger demand for air travel, number of airports and screening checkpoints, number of screeners required to operate each checkpoint, risk assessments, acceptable average peak wait times, and use of currently existing and near-term technologies (including inline explosive detection systems for baggage screening). The study shall cover all screeners, whether employed by the Transportation Security Administration or private companies. (b) Report \nAs soon as practicable, the Secretary shall transmit to the Congress a report on the results of the study, including assessments of full time versus part time screeners, and recommendations on appropriate ratio of supervisors, lead screeners, and screeners. The Secretary shall include in the report a description of the assumptions used for determining acceptable passenger wait times at screening checkpoints and how different lengths of expected wait times would influence the analysis. (c) Sense of congress \nIt is the sense of the Congress that following the receipt of the report under subsection (b), Congress should provide the Transportation Security Administration with the resources necessary to maintain the workforce size required according to the study in subsection (a).", "id": "HE19EE2FC0B0441D381165382D09E68E", "header": "Passenger and baggage screening operations" }, { "text": "152. Checked baggage security screening \n(a) In general \nSubchapter I of chapter 449 of title 49 United States Code, is amended by adding at the end the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items \n(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes. (b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination. (d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties. (e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users. (f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that— (1) will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section; and (2) have not met the requirement of section 44901(d) of title 49, United States Code, to screen all checked baggage with explosive detection systems. (g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.. (b) Clerical amendment \nThe analysis for such chapter is amended by inserting after the item relating to section 44924 the following: 44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items.", "id": "HA769E31B51364BCCBCD957949E76CE7F", "header": "Checked baggage security screening" }, { "text": "44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items \n(a) General authority \nNot later than 60 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall establish a program to enter into multi-year contracts of not more than 10 years with airport operators or other non-Federal entities to provide electronic explosive detection system images of checked baggage for screening purposes. (b) Required findings \nThe Assistant Secretary may enter into a contract for the provision of images under this section at an airport only if the Assistant Secretary finds that the average annual cost of the contract is less than the total estimated average annual cost for the Transportation Security Administration to acquire such images through the operation of stand alone explosive detection systems at that airport. (c) Ending contract \nA contract made under this section shall be contingent on the availability of annual appropriations and shall be ended if amounts are not made available to continue the contract in subsequent fiscal years. The Assistant Secretary may not terminate a contract made under this section to the extent annual appropriations are available, except when the Assistant Secretary finds cause for termination. (d) Contract provisions \nA contract made under this section— (1) may include any cost associated with providing electronic explosive detection system images, including (A) maintenance; (B) financing; (C) reasonable management fees; and (D) other items or services the Assistant Secretary deems necessary; (2) may specify the manner in which the electronic explosive detection system images may be acquired and any other operational requirements the Assistant Secretary deems necessary; (3) may specify ownership rights of the electronic explosive detection system images; and (4) may be made with multiple parties. (e) System design \nPrior to entering into a contract under this section with respect to an airport, the Assistant Secretary shall consult with the operator and users of the airport to ensure that the provision of electronic explosive detection system images under this section takes into consideration the operational needs of the airport and its users. (f) Priority consideration \nThe Assistant Secretary shall give priority under this section to entering into contracts that— (1) will expedite the installation of integrated in-line explosive detection systems at air carrier airports (as defined in section 47102) that have approved plans on the date of enactment of this section; and (2) have not met the requirement of section 44901(d) of title 49, United States Code, to screen all checked baggage with explosive detection systems. (g) Scoring \nNotwithstanding any other provision of law, any contract entered into under this section shall be treated and scored as an operating lease as defined in the Office of Management and Budget Circular A–11.", "id": "HCB67381A0A3B46E4AC455E9BC236FF73", "header": "Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage and related items" }, { "text": "153. Aviation security capital fund \n(a) In general \nSection 44923(h)(1) of title 49, United States Code, is amended— (1) by striking in each of fiscal years 2004 and inserting in fiscal year 2004 and the first $500,000,000 derived from such fees in each of fiscal years 2005 ; and (2) by striking in each of such fiscal years and inserting in fiscal year 2004 and at least $500,000,000 in each of fiscal years 2005 through 2007. (b) Discretionary grants \nSection 44923(h)(3) of such title is amended by inserting after $125,000,000 the following: for fiscal year 2004 and $375,000,000 for each of fiscal years 2005 through 2007.", "id": "HD1F9D25F394146F2AC3F86A986838C3", "header": "Aviation security capital fund" }, { "text": "154. Elimination of bag-match program as acceptable alternative for checked baggage \n(a) In general \nThe only approved methods for ensuring that checked baggage on passenger aircraft do not contain dangerous materials shall be one or more of the use explosive detection technology, manual search, and search by canine explosive units. (b) Bag-match program phase-out \nThe reliance on matching baggage to passengers onboard the air-craft shall be phased-out over a 6-month period after the date of enactment of this Act. The Secretary of Homeland Security shall develop a plan for the phase-out and may authorize further use of the bag-match program following the phase-out period where necessary in case of an emergency or other extenuating circumstance as determined by the Secretary. (c) Limitation on statutory construction \nNothing in this section shall be construed to prevent the Transportation Security Administration from using the bag-match program as a supplemental means of securing checked baggage.", "id": "H3C46DAE54CD74FB3BBF89754AA00E368", "header": "Elimination of bag-match program as acceptable alternative for checked baggage" }, { "text": "155. Aviation security technologies \n(a) Report- Not later than six months after the date of the enactment of this section, the Secretary of Homeland Security shall transmit to the Congress a report on— (1) the status and technical maturity of aviation security technologies (including technologies for detecting explosive, chemical, biological, or radiological materials on or in passengers, carry-on or checked baggage, or air cargo; improving resolution and readability of explosive detection systems; integrating the threat imaging projection system into checked baggage detection systems; site access security for airport facilities; and such other technologies as the Secretary deems appropriate); (2) for those technologies where possible, the planned schedule for deployment of such technologies; (3) the expected future costs for development, testing, evaluation, procurement, and installation, and projected annual costs for operation and maintenance, of such technologies; (4) potential deployment problems in an airport setting; and (5) methods of deploying security technologies to airports in a manner that maximizes the number of technologies that Federal and airport security personnel can effectively operate.", "id": "H5C8CA06051C14432B3829B7F00A9F0D9", "header": "Aviation security technologies" }, { "text": "156. Inspection of cargo carried aboard passenger aircraft \nSubtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201–203 ) is amended by adding at the end the following: 404. Air cargo on passenger aircraft \n(a) In General \nNot later than 180 days after the date of the enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code). The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report \nNot later than 210 days after the date of the enactment of this section, the Secretary shall transmit to the Congress a report describing the system under subsection (a). (c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section..", "id": "H14D4B1BF816A4C0E80EFCC000EDCBF", "header": "Inspection of cargo carried aboard passenger aircraft" }, { "text": "404. Air cargo on passenger aircraft \n(a) In General \nNot later than 180 days after the date of the enactment of this section, the Secretary shall establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation (as such terms are defined in section 40102 of title 49, United States Code). The system shall require the use of equipment, technology, and personnel to screen and inspect cargo that meet the same standards as those established by the Secretary for equipment, technology, and personnel used to screen passenger baggage. (b) Report \nNot later than 210 days after the date of the enactment of this section, the Secretary shall transmit to the Congress a report describing the system under subsection (a). (c) Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "H2655895865B64FA3B500952B65D50303", "header": "Air cargo on passenger aircraft" }, { "text": "157. Database on known shipping companies \n(a) In General \nNot later than April 1, 2005, the Secretary of Homeland Security shall complete, and make available as appropriate to personnel of the Transportation Security Administration, freight forwarders, airport authorities, air carriers, and other relevant entities a database containing the names and other relevant information of all known shipping companies. In making such database available to nongovernmental entities, the Secretary shall ensure that sensitive security information and company proprietary information is adequately protected. (b) Report \nNot later than the 30th day following the date of the completion of the database under subsection (a), the Secretary shall transmit to Congress a report on the number of known shipping companies in the database, the number of known shipping companies for whom the Administration has conducted physical inspections of facilities and paperwork of such companies to determine compliance with security regulations that apply to those companies, the number of companies that have applied to the Secretary for known shipping company status and been denied, and the number of known shipping companies that have been removed from the database as a result of findings by the Administration that such companies have failed to comply with appropriate security regulations.", "id": "H8B0EB17950B549DEB91C06F11640F4F7", "header": "Database on known shipping companies" }, { "text": "158. Flight crew communication systems \n(a) In General \nNot later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall require, to the greatest extent technically feasible, air carriers (as defined in section 40102 of title 49, United States Code) to provide flight attendants with a discreet and wireless method of communicating with pilots that meet such standards as the Secretary may establish by regulation. Such a system must be accessible by any Federal air marshal on a flight of an air carrier and appropriate Government security officials and personnel of the air carrier. (b) Deadline for Regulations \nThe Secretary shall issue regulations to carry out this section not later than the 90th day following the date of the enactment of this Act.", "id": "HA3CD5A0AA61A4A3AA93C4ECD269C85", "header": "Flight crew communication systems" }, { "text": "159. National Strategy for Transportation Security \n(a) Requirement for strategy \n(1) Responsibilities of Secretary of Homeland Security \nThe Secretary of Homeland Security shall— (A) develop and implement a National Strategy for Transportation Security; and (B) revise such strategy whenever necessary to improve or to maintain the currency of the strategy or whenever the Secretary otherwise considers it appropriate to do so. (2) Consultation with Secretary of Transportation \nThe Secretary of Homeland Security shall consult with the Secretary of Transportation in developing and revising the National Strategy for Transportation Security under this section. (b) Content \nThe National Strategy for Transportation Security shall include the following matters: (1) An identification and evaluation of the transportation assets within the United States that, in the interests of national security, must be protected from attack or disruption by terrorist or other hostile forces, including aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, urban mass transit, and other public transportation infrastructure assets that could be at risk of such an attack or disruption. (2) The development of the risk-based priorities, and realistic deadlines, for addressing security needs associated with those assets. (3) The most practical and cost-effective means of defending those assets against threats to their security. (4) A forward-looking strategic plan that assigns transportation security roles and missions to departments and agencies of the Federal Government (including the Armed Forces), State governments (including the Army National Guard and Air National Guard), local governments, and public utilities, and establishes mechanisms for encouraging private sector cooperation and participation in the implementation of such plan. (5) A comprehensive delineation of response and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States. (6) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital assets. (7) A budget and recommendations for appropriate levels and sources of funding to meet the objectives set forth in the strategy. (c) Submissions to Congress \n(1) The National Strategy \n(A) Initial strategy \nThe Secretary of Homeland Security shall submit the National Strategy for Transportation Security developed under this section to Congress not later than April 1, 2005. (B) Subsequent versions \nAfter 2005, the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including any revisions, to Congress not less frequently than April 1 of each even-numbered year. (2) Periodic progress report \n(A) Requirement for report \nEach year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to Congress an assessment of the progress made on implementing the National Strategy for Transportation Security. (B) Content \nEach progress report under this paragraph shall include, at a minimum, the following matters: (i) An assessment of the adequacy of the resources committed to meeting the objectives of the National Strategy for Transportation Security. (ii) Any recommendations for improving and implementing that strategy that the Secretary, in consultation with the Secretary of Transportation, considers appropriate. (3) Classified material \nAny part of the National Strategy for Transportation Security that involves information that is properly classified under criteria established by Executive order shall be submitted to Congress separately in classified form. (d) Priority status \n(1) In general \nThe National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. (2) Other plans and reports \nThe National Strategy for Transportation Security shall include, as an integral part or as an appendix— (A) the current National Maritime Transportation Security Plan under section 70103 of title 46, United States Code; (B) the report of the Secretary of Transportation under section 44938 of title 49, United States Code; and (C) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.", "id": "H29B324FBEA034A4BA1E3579D9986834", "header": "National Strategy for Transportation Security" }, { "text": "160. Use of watchlists for passenger air transportation screening \n(a) In general \nThe Secretary of Homeland Security, acting through the Transportation Security Administration, as soon as practicable after the date of the enactment of this Act but in no event later than 90 days after that date, shall— (1) implement a procedure under which the Transportation Security Administration compares information about passengers who are to be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation for flights and flight segments originating in the United States with a comprehensive, consolidated database containing information about known or suspected terrorists and their associates; and (2) use the information obtained by comparing the passenger information with the information in the database to prevent known or suspected terrorists and their associates from boarding such flights or flight segments or to subject them to specific additional security scrutiny, through the use of no fly and automatic selectee lists or other means. (b) Air carrier cooperation \nThe Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall by order require air carriers to provide the passenger information necessary to implement the procedure required by subsection (a). (c) Maintaining the accuracy and integrity of the no fly and automatic selectee lists \n(1) Watchlist database \nThe Secretary of Homeland Security, in consultation with the Director of the Federal Bureau of Investigation, shall design guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the watchlist database described in subsection (a)(1) that are designed to ensure the accuracy and integrity of the database. (2) Accuracy of entries \nIn developing the no fly and automatic selectee lists under subsection (a)(2), the Secretary of Homeland Security shall establish a simple and timely method for correcting erroneous entries, for clarifying information known to cause false hits or misidentification errors, and for updating relevant information that is dispositive in the passenger screening process. The Secretary shall also establish a process to provide individuals whose names are confused with, or similar to, names in the database with a means of demonstrating that they are not a person named in the database.", "id": "HDB687591C11247EB953DF7AE24595F2F", "header": "Use of watchlists for passenger air transportation screening" }, { "text": "161. Short title \nThis title may be cited as the Private Sector Preparedness Act of 2004.", "id": "H048143738B2345D4BFC8509E384FE0D5", "header": "Short title" }, { "text": "162. Findings \nCongress finds the following: (1) Private sector organizations own 85 percent of the Nation s infrastructure facilities and employ the vast majority of the Nation s employees. The resources of these organizations, including property and personnel, can be coordinated in an emergency situation more efficiently than the population in general. (2) Private sector organizations are often unprepared for emergencies, whether resulting from a natural disaster or a terrorist incident. Although there have been exemplary efforts by select private sector organizations, emergency preparedness is not generally a priority for these organizations. (3) The hearings of and testimony before the National Commission on Terrorist Attacks Upon the United States demonstrated that the lack of emergency preparedness and evacuation planning, training, and exercises by private sector organizations may have contributed to additional casualties at the World Trade Center on September 11, 2001. (4) Although there may be an interest in promoting emergency preparedness within private sector organizations, there remains uncertainty and confusion as to the definition of appropriate and adequate preparedness and what actions these organizations should take. (5) Identifying standards and best practices is necessary to promote emergency preparedness by private sector organizations, in addition to educational activities to effectively communicate such standards and best practices.", "id": "H5AFDFBE2685447A78C61D1A9AEA71C61", "header": "Findings" }, { "text": "163. Private sector emergency preparedness program \n(a) Establishment of preparedness program \nTitle V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. ) is amended by adding at the end the following: 510. Private sector emergency preparedness program \n(a) Preparedness program \nNot later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, including emergencies resulting from acts of terrorism. (b) Program elements \nIn carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and warning systems; (7) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public. (c) Standards \n(1) In general \nThe Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs. (2) Consultation \nThe Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the Private Sector. (d) Coordination \nThe Secretary shall coordinate the program with, and utilize to the maximum extent practicable (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations.. (b) Conforming amendment \nThe table of contents contained in section 1(b) of such Act (116 Stat. 2135) is amended by inserting after the item relating to section 509 the following: Sec. 510. Private sector emergency preparedness program.", "id": "H613CABD9188A40F8AE6E295B9C449BFB", "header": "Private sector emergency preparedness program" }, { "text": "510. Private sector emergency preparedness program \n(a) Preparedness program \nNot later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, including emergencies resulting from acts of terrorism. (b) Program elements \nIn carrying out the program, the Secretary shall develop guidance and identify best practices to assist or foster action by the private sector in (1) identifying hazards and assessing risks and impacts; (2) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and warning systems; (7) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures; (8) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and (9) developing procedures to respond to external requests for information from the media and the public. (c) Standards \n(1) In general \nThe Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as practicable. Such standards include the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs. (2) Consultation \nThe Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the Private Sector. (d) Coordination \nThe Secretary shall coordinate the program with, and utilize to the maximum extent practicable (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2) any existing private sector emergency preparedness guidance or best practices developed by private sector industry associations or other organizations.", "id": "H866BBA66025A47A78668B7B6E80781CD", "header": "Private sector emergency preparedness program" }, { "text": "165. Information sharing \n(a) Definitions \nIn this section: (1) Executive council \nThe term Executive Council means the Executive Council on Information Sharing established under subsection (h). (2) Homeland security information \nThe term homeland security information means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to— (A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; (B) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations; (C) communications of or by such groups or individuals; or (D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals. (3) Network \nThe term Network means the Information Sharing Network described under subsection (c). (b) Findings \nConsistent with the report of the National Commission on Terrorist Attacks upon the United States, Congress makes the following findings: (1) The effective use of information, from all available sources, is essential to the fight against terror and the protection of our homeland. The biggest impediment to all-source analysis, and to a greater likelihood of connecting the dots , is resistance to sharing information. (2) The United States Government has access to a vast amount of information, including not only traditional intelligence but also other government databases, such as those containing customs or immigration information. However, the United States Government has a weak system for processing and using the information it has. (3) In the period preceding September 11, 2001, there were instances of potentially helpful information that was available but that no person knew to ask for; information that was distributed only in compartmented channels, and information that was requested but could not be shared. (4) Current security requirements nurture over-classification and excessive compartmentalization of information among agencies. Each agency\"s incentive structure opposes sharing, with risks, including criminal, civil, and administrative sanctions, but few rewards for sharing information. (5) The current system, in which each intelligence agency has its own security practices, requires a demonstrated need to know before sharing. This approach assumes that it is possible to know, in advance, who will need to use the information. An outgrowth of the cold war, such a system implicitly assumes that the risk of inadvertent disclosure outweighs the benefits of wider sharing. Such assumptions are no longer appropriate. Although counterintelligence concerns are still real, the costs of not sharing information are also substantial. The current need-to-know culture of information protection needs to be replaced with a need-to-share culture of integration. (6) A new approach to the sharing of intelligence and homeland security information is urgently needed. An important conceptual model for a new trusted information network is the Systemwide Homeland Analysis and Resource Exchange (SHARE) Network proposed by a task force of leading professionals assembled by the Markle Foundation and described in reports issued in October 2002 and December 2003. (7) No single agency can create a meaningful information sharing system on its own. Alone, each agency can only modernize stovepipes, not replace them. Presidential leadership is required to bring about governmentwide change. (c) Information sharing network \n(1) Establishment \nThe President shall establish a trusted information network and secure information sharing environment to promote sharing of intelligence and homeland security information in a manner consistent with national security and the protection of privacy and civil liberties, and based on clearly defined and consistently applied policies and procedures, and valid investigative, analytical or operational requirements. (2) Attributes \nThe Network shall promote coordination, communication and collaboration of people and information among all relevant Federal departments and agencies, State, tribal, and local authorities, and relevant private sector entities, including owners and operators of critical infrastructure, by using policy guidelines and technologies that support— (A) a decentralized, distributed, and coordinated environment that connects existing systems where appropriate and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector; (B) the sharing of information in a form and manner that facilitates its use in analysis, investigations and operations; (C) building upon existing systems capabilities currently in use across the Government; (D) utilizing industry best practices, including minimizing the centralization of data and seeking to use common tools and capabilities whenever possible; (E) employing an information access management approach that controls access to data rather than to just networks; (F) facilitating the sharing of information at and across all levels of security by using policy guidelines and technologies that support writing information that can be broadly shared; (G) providing directory services for locating people and information; (H) incorporating protections for individuals’ privacy and civil liberties; (I) incorporating strong mechanisms for information security and privacy and civil liberties guideline enforcement in order to enhance accountability and facilitate oversight, including— (i) multifactor authentication and access control; (ii) strong encryption and data protection; (iii) immutable audit capabilities; (iv) automated policy enforcement; (v) perpetual, automated screening for abuses of network and intrusions; and (vi) uniform classification and handling procedures; (J) compliance with requirements of applicable law and guidance with regard to the planning, design, acquisition, operation, and management of information systems; and (K) permitting continuous system upgrades to benefit from advances in technology while preserving the integrity of stored data. (d) Immediate actions \nNot later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Executive Council, shall— (1) submit to the President and to Congress a description of the technological, legal, and policy issues presented by the creation of the Network described in subsection (c), and the way in which these issues will be addressed; (2) establish electronic directory services to assist in locating in the Federal Government intelligence and homeland security information and people with relevant knowledge about intelligence and homeland security information; and (3) conduct a review of relevant current Federal agency capabilities, including— (A) a baseline inventory of current Federal systems that contain intelligence or homeland security information; (B) the money currently spent to maintain those systems; and (C) identification of other information that should be included in the Network. (e) Guidelines and requirements \nAs soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall— (1) in consultation with the Executive Council, issue guidelines— (A) for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by separating out data from the sources and methods by which that data are obtained; and (B) on classification policy and handling procedures across Federal agencies, including commonly accepted processing and access controls; (2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 226, that— (A) protect privacy and civil liberties in the development and use of the Network; and (B) shall be made public, unless, and only to the extent that, nondisclosure is clearly necessary to protect national security; and (3) require the heads of Federal departments and agencies to promote a culture of information sharing by— (A) reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval; and (B) providing affirmative incentives for information sharing, such as the incorporation of information sharing performance measures into agency and managerial evaluations, and employee awards for promoting innovative information sharing practices. (f) Enterprise architecture and implementation plan \nNot later than 270 days after the date of the enactment of this Act, the Director of Management and Budget shall submit to the President and to Congress an enterprise architecture and implementation plan for the Network. The enterprise architecture and implementation plan shall be prepared by the Director of Management and Budget, in consultation with the Executive Council, and shall include— (1) a description of the parameters of the proposed Network, including functions, capabilities, and resources; (2) a delineation of the roles of the Federal departments and agencies that will participate in the development of the Network, including identification of any agency that will build the infrastructure needed to operate and manage the Network (as distinct from the individual agency components that are to be part of the Network), with the delineation of roles to be consistent with— (A) the authority of the National Intelligence Director under this Act to set standards for information sharing and information technology throughout the intelligence community; and (B) the authority of the Secretary of Homeland Security and the role of the Department of Homeland Security in coordinating with State, tribal, and local officials and the private sector; (3) a description of the technological requirements to appropriately link and enhance existing networks and a description of the system design that will meet these requirements; (4) an enterprise architecture that— (A) is consistent with applicable laws and guidance with regard to planning, design, acquisition, operation, and management of information systems; (B) will be used to guide and define the development and implementation of the Network; and (C) addresses the existing and planned enterprise architectures of the departments and agencies participating in the Network; (5) a description of how privacy and civil liberties will be protected throughout the design and implementation of the Network; (6) objective, systemwide performance measures to enable the assessment of progress toward achieving full implementation of the Network; (7) a plan, including a time line, for the development and phased implementation of the Network; (8) total budget requirements to develop and implement the Network, including the estimated annual cost for each of the 5 years following the date of the enactment of this Act; and (9) proposals for any legislation that the Director of Management and Budget determines necessary to implement the Network. (g) Director of management and budget responsible for information sharing across the federal government \n(1) Additional duties and responsibilities \n(A) In general \nThe Director of Management and Budget, in consultation with the Executive Council, shall— (i) implement and manage the Network; (ii) develop and implement policies, procedures, guidelines, rules, and standards as appropriate to foster the development and proper operation of the Network; and (iii) assist, monitor, and assess the implementation of the Network by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to the President and to Congress. (B) Content of policies, procedures, guidelines, rules, and standards \nThe policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall— (i) take into account the varying missions and security requirements of agencies participating in the Network; (ii) address development, implementation, and oversight of technical standards and requirements; (iii) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the homeland security community and the law enforcement community; (iv) address and facilitate information sharing between Federal departments and agencies and State, tribal and local governments; (v) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector; (vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and (vii) ensure the protection of privacy and civil liberties. (2) Appointment of principal officer \nNot later than 30 days after the date of the enactment of this Act, the Director of Management and Budget shall appoint, with approval of the President, a principal officer in the Office of Management and Budget whose primary responsibility shall be to carry out the day-to-day duties of the Director specified in this section. The officer shall report directly to the Director of Management and Budget, have the rank of a Deputy Director and shall be paid at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (h) Executive council on information sharing \n(1) Establishment \nThere is established an Executive Council on Information Sharing that shall assist the Director of Management and Budget in the execution of the Director’s duties under this Act concerning information sharing. (2) Membership \nThe members of the Executive Council shall be— (A) the Director of Management and Budget, who shall serve as Chairman of the Executive Council; (B) the Secretary of Homeland Security or his designee; (C) the Secretary of Defense or his designee; (D) the Attorney General or his designee; (E) the Secretary of State or his designee; (F) the Director of the Federal Bureau of Investigation or his designee; (G) the National Intelligence Director or his designee; (H) such other Federal officials as the President shall designate; (I) representatives of State, tribal, and local governments, to be appointed by the President; and (J) individuals who are employed in private businesses or nonprofit organizations that own or operate critical infrastructure, to be appointed by the President. (3) Responsibilities \nThe Executive Council shall assist the Director of Management and Budget in— (A) implementing and managing the Network; (B) developing policies, procedures, guidelines, rules, and standards necessary to establish and implement the Network; (C) ensuring there is coordination among departments and agencies participating in the Network in the development and implementation of the Network; (D) reviewing, on an ongoing basis, policies, procedures, guidelines, rules, and standards related to the implementation of the Network; (E) establishing a dispute resolution process to resolve disagreements among departments and agencies about whether particular information should be shared and in what manner; and (F) considering such reports as are submitted by the Advisory Board on Information Sharing under subsection (i)(2). (4) Reports \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of Management and Budget, in the capacity of Chair of the Executive Council, shall submit a report to the President and to Congress that shall include— (A) a description of the activities and accomplishments of the Council in the preceding year; and (B) the number and dates of the meetings held by the Council and a list of attendees at each meeting. (5) Informing the public \nThe Executive Council shall— (A) make its reports to Congress available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and (B) otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law. (i) Reports \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, and semiannually thereafter, the President through the Director of Management and Budget shall submit a report to Congress on the state of the Network and of information sharing across the Federal Government. (2) Content \nEach report under this subsection shall include— (A) a progress report on the extent to which the Network has been implemented, including how the Network has fared on the government-wide and agency-specific performance measures and whether the performance goals set in the preceding year have been met; (B) objective systemwide performance goals for the following year; (C) an accounting of how much was spent on the Network in the preceding year; (D) actions taken to ensure that agencies procure new technology that is consistent with the Network and information on whether new systems and technology are consistent with the Network; (E) the extent to which, in appropriate circumstances, all terrorism watch lists are available for combined searching in real time through the Network and whether there are consistent standards for placing individuals on, and removing individuals from, the watch lists, including the availability of processes for correcting errors; (F) the extent to which unnecessary roadblocks, impediments, or disincentives to information sharing, including the inappropriate use of paper-only intelligence products and requirements for originator approval, have been eliminated; (G) the extent to which positive incentives for information sharing have been implemented; (H) the extent to which classified information is also made available through the Network, in whole or in part, in unclassified form; (I) the extent to which State, tribal, and local officials— (i) are participating in the Network; (ii) have systems which have become integrated into the Network; (iii) are providing as well as receiving information; and (iv) are using the Network to communicate with each other; (J) the extent to which— (i) private sector data, including information from owners and operators of critical infrastructure, is incorporated in the Network; and (ii) the private sector is both providing and receiving information; (K) where private sector data has been used by the Government or has been incorporated into the Network— (i) the measures taken to protect sensitive business information; and (ii) where the data involves information about individuals, the measures taken to ensure the accuracy of such data; (L) the measures taken by the Federal Government to ensure the accuracy of other information on the Network and, in particular, the accuracy of information about individuals; (M) an assessment of the Network s privacy and civil liberties protections, including actions taken in the preceding year to implement or enforce privacy and civil liberties protections and a report of complaints received about interference with an individual s privacy or civil liberties; and (N) an assessment of the security protections of the Network. (j) Agency responsibilities \nThe head of each department or agency possessing or using intelligence or homeland security information or otherwise participating in the Network shall— (1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established for the Network under subsections (c) and (g); (2) ensure the provision of adequate resources for systems and activities supporting operation of and participation in the Network; and (3) ensure full agency or department cooperation in the development of the Network and associated enterprise architecture to implement governmentwide information sharing, and in the management and acquisition of information technology consistent with applicable law. (k) Agency plans and reports \nEach Federal department or agency that possesses or uses intelligence and homeland security information, operates a system in the Network or otherwise participates, or expects to participate, in the Network, shall submit to the Director of Management and Budget— (1) not later than 1 year after the date of the enactment of this Act, a report including— (A) a strategic plan for implementation of the Network’s requirements within the department or agency; (B) objective performance measures to assess the progress and adequacy of the department or agency’s information sharing efforts; and (C) budgetary requirements to integrate the agency into the Network, including projected annual expenditures for each of the following 5 years following the submission of the report; and (2) annually thereafter, reports including— (A) an assessment of the progress of the department or agency in complying with the Network’s requirements, including how well the agency has performed on the objective measures developed under paragraph (1)(B); (B) the agency’s expenditures to implement and comply with the Network’s requirements in the preceding year; and (C) the agency’s or department’s plans for further implementation of the Network in the year following the submission of the report. (l) Periodic assessments \n(1) Comptroller general \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, and periodically thereafter, the Comptroller General shall evaluate the implementation of the Network, both generally and, at the discretion of the Comptroller General, within specific departments and agencies, to determine the extent of compliance with the Network’s requirements and to assess the effectiveness of the Network in improving information sharing and collaboration and in protecting privacy and civil liberties, and shall report to Congress on the findings of the Comptroller General. (B) Information available to the Comptroller General \nUpon request by the Comptroller General, information relevant to an evaluation under subsection (a) shall be made available to the Comptroller General under section 716 of title 31, United States Code. (C) Consultation with congressional committees \nIf a record is not made available to the Comptroller General within a reasonable time, before the Comptroller General files a report under section 716(b)(1) of title 31, United States Code, the Comptroller General shall consult with the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives concerning the Comptroller’s intent to file a report. (2) Inspectors general \nThe Inspector General in any Federal department or agency that possesses or uses intelligence or homeland security information or that otherwise participates in the Network shall, at the discretion of the Inspector General— (A) conduct audits or investigations to— (i) determine the compliance of that department or agency with the Network’s requirements; and (ii) assess the effectiveness of that department or agency in improving information sharing and collaboration and in protecting privacy and civil liberties; and (B) issue reports on such audits and investigations. (3) Chief privacy officers \nThe Chief Privacy Officers established under section 5092 in any Federal department or agency that possesses or uses intelligence or homeland security information or that otherwise participates in the Network shall, at the discretion of the Chief Privacy Officer— (A) conduct audits or investigations to ensure that the network, or the use of the network by that department or agency, does not erode privacy protections; and (B) issue reports on such audits and investigations. (m) Authorization of appropriations \nThere are authorized to be appropriated— (1) $50,000,000 to the Director of Management and Budget to carry out this section for fiscal year 2005; and (2) such sums as are necessary to carry out this section in each fiscal year thereafter, to be disbursed and allocated in accordance with the Network implementation plan required by subsection (f). (n) Section 1017 \nSection 1017 of this Act shall have no force or effect.", "id": "H872E39E832C0487CB2912CF9EE7E8DA3", "header": "Information sharing" }, { "text": "171. Critical infrastructure evaluation and prioritization program \n(a) Program \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop, in cooperation with other relevant Federal agencies, State and local governments, and the private sector, as appropriate, a prioritized list of national critical infrastructure and key assets, based on the degree to which destruction or significant disruption of such infrastructure or assets would result in— (1) substantial human casualties; (2) a substantial adverse impact on the national economy; or (3) a substantial adverse impact on national security. (b) Security plan \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with other relevant Federal agencies, State and local governments, and the private sector, as appropriate, shall— (A) review existing plans for securing the critical infrastructure and key assets included in the list under subsection (a); (B) recommend changes to existing plans and develop additional plans for securing such infrastructure and assets that the Secretary determines necessary; and (C) coordinate or contribute to protective efforts of other agencies as directed in Homeland Security Presidential Directive 7. (2) Contents of plans \nRecommendations under paragraph (1) shall include— (A) recommendations on necessary protective measures to secure such infrastructure and assets, including suggested milestones and timeframes for implementation; and (B) to the extent practicable, performance measures to evaluate the benefits to national and economic security from the implementation of such protective measures. (c) Implementation report \n(1) In general \nWithin one year after the date of the enactment of this Act, the Secretary shall submit a report 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 )) on the implementation of subsection (b). Such report shall detail— (A) the Secretary’s review, development, and coordination of security plans under such subsection; and (B) the Secretary’s oversight of the execution and effectiveness of such security plans (2) Update \nThe Secretary shall provide an updated report under this subsection to the appropriate congressional committees one year after the submission of the report under paragraph (1). (d) Protection of information \nInformation that is generated, compiled, or disseminated by the Department of Homeland Security in carrying out this section— (1) is exempt from disclosure under section 552 of title 5, United States Code; and (2) shall not, if provided by the Department to a State or local government or government agency— (A) be made available pursuant to any State or local law requiring disclosure of information or records; (B) otherwise be disclosed or distributed to any person by such State or local government or government agency without the written consent of the Secretary; or (C) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act.", "id": "H0513B795F05F42AC86F928816F46AF5", "header": "Critical infrastructure evaluation and prioritization program" }, { "text": "172. Deadline for comprehensive national plan to secure critical infrastructure and key assets \nWithin one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive national plan for securing critical infrastructure and key assets and recommend protective measures for such infrastructures and assets, as required by paragraphs (5) and (6) of subsection 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ).", "id": "HD0FA7A77DE594B4DB701D675997D4765", "header": "Deadline for comprehensive national plan to secure critical infrastructure and key assets" }, { "text": "173. Regulatory authority \n(a) In general \nThe Secretary of Homeland Security may promulgate such regulations as the Secretary determines to be necessary to enhance protection of critical infrastructure in accordance with the plans developed under the sections _171 and _172 of this Act and the requirements of paragraphs (5) and (6) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ). (b) Conforming amendment \nSection 877(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 457(a) ) is amended by inserting paragraphs (5) and (6) of section 201(d) and after Except as otherwise provided in.", "id": "H16A236DF16B946979CEC002B6C0700D5", "header": "Regulatory authority" }, { "text": "174. Best practices \nWithin one year after the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) develop, in collaboration with the heads of other appropriate Federal agencies and in consultation with the private sector, security-related best practices for each critical infrastructure sector identified by the President; (2) ensure the broad dissemination of such best practices to appropriate public and private sector entities and authorities; and (3) encourage the adoption of such best practices by such entities and authorities.", "id": "H3E5B46338F90407E932842CA597C0784", "header": "Best practices" }, { "text": "181. 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": "HE733642DCA754179944B688BFFD27B86", "header": "National biodefense strategy" }, { "text": "184. Short title \nThis subtitle may be cited as the Rapid Pathogen Identification to Delivery of Cures Act.", "id": "H63FB8245AB5A45B6BB6D48C8867717E", "header": "Short title" }, { "text": "185. Findings and policy \n(a) Findings \nThe Congress finds as follows: (1) The possibility exists today that terrorists or others who intend harm to United States forces deployed abroad or to the homeland will use techniques in biotechnology to enhance the transmissibility, stability, virulence, or host range of a biological agent, or to render existing diagnostic, therapeutic, and vaccine strategies or innate immune responses against a biological agent less effective. (2) This possibility will likely grow over time as such techniques develop, improve, and spread as an inevitable result of biotechnology innovation. (3) Natural processes can also lead to the emergence of previously unknown and harmful pathogens or render known pathogens resistant to existing diagnostic, therapeutic, or adaptive immune approaches. (4) Long delays in developing new and effective responses to pathogens are typical. The discovery, development, and approval process for new drugs and vaccines typically requires 10 to 20 years and costs an average of $800 million. These constraints reflect the long, costly research and development process, including the failure of most drug or vaccine candidates to demonstrate favorable characteristics in pre-clinical testing, as well as the expensive, time-consuming clinical trials required to prove the safety and effectiveness of new treatments. (5) Congress has already authorized the abridgement of the long testing and approval process required to ensure safety and efficacy under the emergency conditions of a severe outbreak of a harmful pathogen. However, it will likely still take years for even an experimental treatment or vaccine to become available. (6) There is no coordinated, focused research and development program or overall national strategy to achieve significant and dramatic reductions in the timeframe from the identification of a pathogen to the development and emergency approval for human use of reasonably safe and effective new biodefense medical countermeasures against a previously unknown or engineered pathogen or toxin. (7) Even utilizing existing technologies, there is no organized capability in the public or private sector to rapidly screen drug candidates for potential therapeutic activity against pathogens, develop and manufacture drug, biological, or medical device products, or test already approved treatments for efficacy against a previously unknown or engineered biological threat that puts our deployed armed forces or the homeland at risk. (8) In the area of infectious disease in particular, private sector firms are abandoning all types of innovation and research and development in favor of investments in more profitable medical markets. (9) Tremendous potential exists for benefits to health by concerted, targeted public-private investment to dramatically reduce the timeframe for the development of new countermeasures. The pharmaceutical and biotechnology industries are fundamentally innovative and are quick to integrate new technologies. Useful and important discoveries and technological advances will be rapidly absorbed by the private sector, leading to faster delivery of new medicines and reductions in the costs of drug development. (b) Policy \nThe Congress hereby declares it to be the national policy of the United States to promote technological advancements that will dramatically reduce the timeframe for the development of new medical countermeasures to treat or prevent disease caused by infectious disease agents or toxins that, through natural processes or intentional introduction, may pose a significant risk to public health now or in the future.", "id": "HACC8AD87C7BD4BB7A0BA16F2DDCED900", "header": "Findings and policy" }, { "text": "186. Rapid biodefense countermeasures development national strategy \nTitle III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) ( Public Law 107–296 ) is amended by inserting after section 304 the following section: 304A. Rapid biodefense countermeasures development national strategy \n(a) National strategy for shortening the medical countermeasure development timeframe \nNot later than 180 days after the date of the enactment of the Rapid Pathogen Identification to Delivery of Cures Act, the Secretaries of Homeland Security, Health and Human Services, and Defense shall submit to Congress a report setting forth a strategy to achieve dramatic reductions in the timeframe from pathogen identification to the development and emergency approval for human use of reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. (b) Elements \nThe report under subsection (a) shall include the following: (1) The identification of the technical impediments to reductions in the timeframe from pathogen identification to priority countermeasure development and approval under emergency conditions. (2) The identification of the research, development, and technology needs and clinical research needs to address these impediments. (3) The identification of existing research and development efforts in Federal agencies, academia and industry that are addressing the needs identified in subsection (c)(2). (4) The identification of facilities, programs and resources that can be utilized to address these research, development, and technology needs and clinical research needs among— (A) Federal agencies; (B) colleges and universities; (C) not-for-profit institutions; (D) industry, including information technology, software, robotics, pharmaceutical and biotechnology companies and their consortia; and (E) foreign research and technological institutions. (5) A proposal for the establishment of a coordinated and integrated federal program to address these research, development, and technology needs, including— (A) the application of Federal Government resources, including recommendations for the allocation and prioritization of Federal funds; (B) interagency management and coordination mechanisms; (C) the establishment of partnerships between private corporations and Federal agencies or Federally funded entities; (D) information and technology sharing and coordination mechanisms among public, private, academic, not-for-profit, and international institutions; (E) the use of incentives to promote private sector participation; and (F) the adjustment of Federal regulatory requirements to promote private sector innovation. (6) The identification of potential liability concerns stemming from distribution of rapidly-developed priority countermeasures under emergency conditions and a proposal for regulatory or legislative approaches to eliminating these concerns. (7) A proposal for managing the transfer of new technologies and associated intellectual property rights. (c) Considerations \nIn developing the national strategy under subsection (a), the Secretaries shall consider— (1) The research, development, and technology needs and clinical research needs of the entire pathogen identification to priority countermeasures discovery, development, production, and Approval process, including— (A) initial identification and characterization of a pathogen or toxin, including the identification of any genetic or other manipulations; (B) priority countermeasures discovery; (C) pre-clinical testing and evaluation of priority countermeasures; (D) safety and efficacy animal testing, including the needs for approval under emergency conditions and accelerated approval of new priority countermeasure under the final rule New Drug and Biological Drug Products; Evidence Needed to Demonstrate Effectiveness of New Drugs When Human Efficacy Studies Are Not Ethical or Feasible published in the Federal Register on May 31, 2002 (67 Fed. Reg. 37988); (E) safety and efficacy human testing, including mechanisms for the conduct of clinical trials under emergency conditions; (F) research-scale and full production-scale manufacturing, including biologics manufacturing sciences; and (G) the approval of priority countermeasure under emergency conditions; (2) the potential importance of advanced technologies such as automation, computer modeling and simulation, bioinformatics, pharmacogenomics, and bioengineering techniques for manufacturing; (3) the availability of sufficient manufacturing capacity for priority countermeasures production to meet potential public demand under emergency conditions; and (4) the current state of national and international collaborative research networks and applications to facilitate and encourage the rapid and coordinated development and sharing of laboratory and clinical research planning and results. (d) Authority to contract \nThe Secretary of Homeland Security, after consultation with the Secretaries of Health and Human Services and Defense and the working group established under section 319F(a) of the Public Health Service Act, may contract with any one or more for-profit or non-profit firm or institution to conduct the necessary research and analysis needed to complete any one or more of the elements described in subsection (b) of the report required in this section, provided the considerations described in subsection (c) are met. (e) Definitions \nIn this section: (1) The term emergency conditions refers to a declaration of emergency under section 564 of the Federal Food, Drug, and Cosmetic Act. (2) The term pathogen identification means the point in time in which a specific agent that can be reasonably assumed to be the cause of (or has the potential to be the cause of) an infectious disease or toxin-induced syndrome has been identified and partially or wholly characterized scientifically. (3) The term priority countermeasure has the same meaning given such term in section 319F(h) of the Public Health Service Act. (f) Authorization of Appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2005..", "id": "H2B0D34487D3D4962806DAC041339D75D", "header": "Rapid biodefense countermeasures development national strategy" }, { "text": "304A. Rapid biodefense countermeasures development national strategy \n(a) National strategy for shortening the medical countermeasure development timeframe \nNot later than 180 days after the date of the enactment of the Rapid Pathogen Identification to Delivery of Cures Act, the Secretaries of Homeland Security, Health and Human Services, and Defense shall submit to Congress a report setting forth a strategy to achieve dramatic reductions in the timeframe from pathogen identification to the development and emergency approval for human use of reasonably safe and effective priority countermeasure against a novel or unknown pathogen or toxin. (b) Elements \nThe report under subsection (a) shall include the following: (1) The identification of the technical impediments to reductions in the timeframe from pathogen identification to priority countermeasure development and approval under emergency conditions. (2) The identification of the research, development, and technology needs and clinical research needs to address these impediments. (3) The identification of existing research and development efforts in Federal agencies, academia and industry that are addressing the needs identified in subsection (c)(2). (4) The identification of facilities, programs and resources that can be utilized to address these research, development, and technology needs and clinical research needs among— (A) Federal agencies; (B) colleges and universities; (C) not-for-profit institutions; (D) industry, including information technology, software, robotics, pharmaceutical and biotechnology companies and their consortia; and (E) foreign research and technological institutions. (5) A proposal for the establishment of a coordinated and integrated federal program to address these research, development, and technology needs, including— (A) the application of Federal Government resources, including recommendations for the allocation and prioritization of Federal funds; (B) interagency management and coordination mechanisms; (C) the establishment of partnerships between private corporations and Federal agencies or Federally funded entities; (D) information and technology sharing and coordination mechanisms among public, private, academic, not-for-profit, and international institutions; (E) the use of incentives to promote private sector participation; and (F) the adjustment of Federal regulatory requirements to promote private sector innovation. (6) The identification of potential liability concerns stemming from distribution of rapidly-developed priority countermeasures under emergency conditions and a proposal for regulatory or legislative approaches to eliminating these concerns. (7) A proposal for managing the transfer of new technologies and associated intellectual property rights. (c) Considerations \nIn developing the national strategy under subsection (a), the Secretaries shall consider— (1) The research, development, and technology needs and clinical research needs of the entire pathogen identification to priority countermeasures discovery, development, production, and Approval process, including— (A) initial identification and characterization of a pathogen or toxin, including the identification of any genetic or other manipulations; (B) priority countermeasures discovery; (C) pre-clinical testing and evaluation of priority countermeasures; (D) safety and efficacy animal testing, including the needs for approval under emergency conditions and accelerated approval of new priority countermeasure under the final rule New Drug and Biological Drug Products; Evidence Needed to Demonstrate Effectiveness of New Drugs When Human Efficacy Studies Are Not Ethical or Feasible published in the Federal Register on May 31, 2002 (67 Fed. Reg. 37988); (E) safety and efficacy human testing, including mechanisms for the conduct of clinical trials under emergency conditions; (F) research-scale and full production-scale manufacturing, including biologics manufacturing sciences; and (G) the approval of priority countermeasure under emergency conditions; (2) the potential importance of advanced technologies such as automation, computer modeling and simulation, bioinformatics, pharmacogenomics, and bioengineering techniques for manufacturing; (3) the availability of sufficient manufacturing capacity for priority countermeasures production to meet potential public demand under emergency conditions; and (4) the current state of national and international collaborative research networks and applications to facilitate and encourage the rapid and coordinated development and sharing of laboratory and clinical research planning and results. (d) Authority to contract \nThe Secretary of Homeland Security, after consultation with the Secretaries of Health and Human Services and Defense and the working group established under section 319F(a) of the Public Health Service Act, may contract with any one or more for-profit or non-profit firm or institution to conduct the necessary research and analysis needed to complete any one or more of the elements described in subsection (b) of the report required in this section, provided the considerations described in subsection (c) are met. (e) Definitions \nIn this section: (1) The term emergency conditions refers to a declaration of emergency under section 564 of the Federal Food, Drug, and Cosmetic Act. (2) The term pathogen identification means the point in time in which a specific agent that can be reasonably assumed to be the cause of (or has the potential to be the cause of) an infectious disease or toxin-induced syndrome has been identified and partially or wholly characterized scientifically. (3) The term priority countermeasure has the same meaning given such term in section 319F(h) of the Public Health Service Act. (f) Authorization of Appropriations \nFor the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2005.", "id": "HB069CEE326C94EBAAFCBC4DA29CAFA00", "header": "Rapid biodefense countermeasures development national strategy" }, { "text": "187. Clinical research under emergency conditions \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a system for the rapid establishment of clinical research programs to examine the safety and efficacy of new or existing treatments for novel, unknown, or bioengineered pathogens or toxins. The Secretary shall also provide the means for rapid dissemination of results and recommendations to clinicians nationwide. (b) Emergency fund \nA fund is authorized to be established for use, at the discretion of the Secretary, solely for the support of clinical research as described in subsection (a).", "id": "H9A2AA7565374437B9D72003250A091A2", "header": "Clinical research under emergency conditions" }, { "text": "188. Interagency working group \nSection 319F(a) of the Public Health Service Act, as amended by Public Law 107–188 , is amended— (1) by inserting the Secretary of Homeland Security, after in coordination with the ; (2) by redesignating subparagraphs (D) through (L) as subparagraphs (E) through (M), respectively; and (3) by inserting after subparagraph (C) the following subparagraph: (D) development of a national strategy to achieve dramatic reductions in the timeframe from the identification of a pathogen to the development and approval for human use under emergency conditions of priority countermeasures against a novel, unknown, or engineered pathogen or toxin;.", "id": "H850AD012175941E193D00667F32D37E", "header": "Interagency working group" }, { "text": "189. Developing the capability for rapid biodefense countermeasure development \n(a) Research \nSection 319F(h)(1) of the Public Health Service Act, as amended by Public Law 107–188 , is amended (1) in subparagraph (C), by striking and after the semicolon; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following subparagraph: (D) the development of a capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin; and. (b) Research and development at the Department of Defense \nSection 1601(a) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ) is amended by adding at the end the following: The program shall also include research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.. (c) Research and development at the Department of Homeland Security \nTitle III of the Homeland Security Act of 2002, as amended by section 186 of this Act, is amended by inserting after section 304A the following section: 304B. Developing the capability for rapid biodefense countermeasure development \nThe Secretary, in collaboration with the Secretaries of Defense and Health and Human Services, shall carry out a program for research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious..", "id": "HC57F865518EC4C03AE91CAC8D98B099F", "header": "Developing the capability for rapid biodefense countermeasure development" }, { "text": "304B. Developing the capability for rapid biodefense countermeasure development \nThe Secretary, in collaboration with the Secretaries of Defense and Health and Human Services, shall carry out a program for research, development, and procurement to provide the Federal Government with the capability to rapidly identify, develop, produce, and approve for human use under emergency conditions priority countermeasures against a novel, unknown, or engineered pathogen or toxin, and for which no existing countermeasure has been determined to be safe or efficacious.", "id": "H5196D2CC0F8B4A8EABF76FF90D5CBE8", "header": "Developing the capability for rapid biodefense countermeasure development" }, { "text": "191. Short title \nThis title may be cited as the Chemical Security Improvement Act of 2004.", "id": "H08F1187D2392421B88092198BC6339F2", "header": "Short title" }, { "text": "192. Definitions \nIn this title: (1) Alternative approaches \nThe term alternative approach means an approach that significantly reduces or eliminates the threat or consequences of a terrorist release from a chemical source, including an approach that— (A) uses smaller quantities, nonhazardous forms, or less hazardous forms of dangerous substances; (B) replaces a dangerous substance with a nonhazardous or less hazardous substance; or (C) uses nonhazardous or less hazardous conditions or processes. (2) Chemical source \nThe term chemical source means a non-Federal facility listed by the Secretary under section 193(e) as a chemical source. (3) Dangerous substance \nThe term dangerous substance means a substance present at a chemical source that— (A) can cause death, injury, or serious adverse effects to human health or the environment; or (B) could harm critical infrastructure or national security. (4) Department \nThe term Department means the Department of Homeland Security. (5) Environment \nThe term environment means— (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States; and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (6) Full consideration \nThe term full consideration includes an analysis of— (A) alternative approaches, including the benefits and risks of such approaches; (B) the potential of the alternative approaches to prevent or reduce the threat or consequences of a terrorist release; (C) the cost and technical feasibility of alternative approaches; and (D) the effect of alternative approaches on product quality, product cost, and employee safety. (7) Owner or operator \nThe term owner or operator means any person who owns, leases, operates, controls, or supervises a chemical source. (8) Release \nThe term release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes— (A) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; or (C) the normal application of fertilizer. (9) Secretary \nThe term Secretary means the Secretary of Homeland Security. (10) Security measure \n(A) In general \nThe term security measure means an action carried out to ensure or enhance the security of a chemical source. (B) Inclusions \nThe term security measure , with respect to a chemical source, includes measures such as— (i) employee training and background checks; (ii) the limitation and prevention of access to controls of the chemical source; (iii) the protection of the perimeter of the chemical source, including the deployment of armed physical security personnel; (iv) the installation and operation of intrusion detection sensors; (v) the implementation of measures to increase computer or computer network security; (vi) the installation of measures to protect against long-range weapons; (vii) the installation of measures and controls to protect against or reduce the consequences of a terrorist attack; and (viii) the implementation of any other security-related measures or the conduct of any similar security-related activity, as determined by the Secretary. (11) Terrorism \nThe term terrorism has the meaning given to that term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (12) Terrorist release \nThe term terrorist release means— (A) a release from a chemical source into the environment of a dangerous substance that is caused by an act of terrorism; and (B) the theft of a dangerous substance by a person for off-site release in furtherance of an act of terrorism.", "id": "H90BA22C0095F4DE39D9B31AEC5D6A119", "header": "Definitions" }, { "text": "193. Vulnerability assessments and site security plans \n(a) Requirement \n(1) In general \nNot later than 1 year after the date of the enactment of this subtitle, the Secretary shall promulgate regulations that— (A) require the owner or operator of each chemical source— (i) to conduct an assessment of the vulnerability of the chemical source to a terrorist release; and (ii) to prepare and implement a site security plan that addresses the results of the vulnerability assessment; and (B) establish procedures, protocols, and standards for vulnerability assessments and site security plans. (2) Contents of vulnerability assessment \nA vulnerability assessment required under the regulations promulgated under paragraph (1) or any assessment determined substantially equivalent by the Secretary under subsection (c) shall include the identification and evaluation of— (A) critical assets and infrastructures; (B) hazards that may result from a terrorist release; and (C) weaknesses in— (i) physical security; (ii) structural integrity of containment, processing, and other critical infrastructure; (iii) protection systems; (iv) procedural and employment policies; (v) communication systems; (vi) transportation infrastructure in the proximity of the chemical source; (vii) utilities; (viii) contingency response; and (ix) other areas as determined by the Secretary. (3) Contents of site security plan \nA site security plan required under the regulations promulgated under paragraph (1) or any plan submitted to the Secretary under subsection (c)— (A) shall include security measures to significantly reduce the vulnerability of the chemical source covered by the plan to a terrorist release; (B) shall describe, at a minimum, particular equipment, plans, and procedures that could be implemented or used by or at the chemical source in the event of a terrorist release; (C) shall include full consideration and, where practicable in the judgment of the owner or operator of the chemical source, implementation of options to reduce the threat of a terrorist release through the use of alternative approaches; and (D) shall be developed in consultation with local law enforcement and first responders. (4) Security exercises \nNot later than 1 year after the date of the enactment of this subtitle, the Secretary shall promulgate regulations establishing procedures, protocols, and standards for the conduct of security exercises, including— (A) the performance of force-on-force exercises that— (i) involve physical security personnel employed by the owner or operator of the chemical source to act as the force designated to defend the facility; (ii) involve personnel designated by the Secretary to act as the force designated to simulate a terrorist attempt to attack the chemical source to cause a terrorist release; (iii) are designed, overseen, and evaluated by the Department; and (iv) are conducted at least once every 3 years; and (B) the performance of all other such exercises at periodic intervals necessary to ensure the optimal performance of security measures. (5) Guidance to small entities \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall publish guidance to assist small entities in complying with paragraphs (2) and (3). (6) Threat information \nTo the maximum extent practicable under applicable authority and in the interests of national security, the Secretary shall provide to an owner or operator of a chemical source required to prepare a vulnerability assessment and site security plan threat information that is relevant to the chemical source. (7) Coordinated assessments and plans \nThe regulations promulgated under paragraph (1) shall permit the development and implementation of coordinated vulnerability assessments and site security plans in any case in which more than 1 chemical source is operating at a single location or at contiguous locations, including cases in which a chemical source is under the control of more than 1 owner or operator. (b) Certification and submission \n(1) In general \nExcept as provided in subsection (c), each owner or operator of a chemical source shall certify in writing to the Secretary that the owner or operator has completed a vulnerability assessment and has developed and implemented (or is implementing) a site security plan in accordance with this title, including— (A) regulations promulgated under subsection (a)(1); and (B) any existing vulnerability assessment or security plan endorsed by the Secretary under subsection (c)(1). (2) Submission \n(A) In general \nNot later than 18 months after the date of the promulgation of regulations under subsection (a)(1), an owner or operator of a chemical source shall provide to the Secretary copies of the vulnerability assessment and site security plan of the chemical source for review. (B) Certification \n(i) In general \nNot later than 2 years after the date on which the Secretary receives copies of the vulnerability assessment and site security plan of a chemical source under subparagraph (A), the Secretary shall determine whether the chemical source is in compliance with the requirements of this title, including— (I) paragraph (1); (II) regulations promulgated under subsections (a)(1) and (a)(3); and (III) any existing vulnerability assessment or site security plan endorsed by the Secretary under subsection (c)(1). (ii) Certificate \nIf the Secretary determines that the chemical source is in compliance with the requirements of this title, the Secretary shall provide to the chemical source and make available for public inspection a certificate of approval that contains the following statement (in which statement the bracketed space shall be the name of the chemical source): [____] is in compliance with the Chemical Security Improvement Act of 2004.. (iii) Determination of noncompliance \nIf the Secretary determines under clause (i) that a chemical source is not in compliance with the requirements of this title, the Secretary shall exercise the authority provided in section 195. (iv) Report to congress \nNot later than 1 year after the promulgation of regulations in subsection (a)(1) and for every year afterwards, the Secretary shall submit to the Congress a report outlining the number of facilities that have provided vulnerability assessments and site security plans to the Secretary, what portion of these submissions have been reviewed by the Secretary, and what portion of these submissions are in compliance with clause (i). (3) Oversight \n(A) In general \nThe Secretary shall, at such times and places as the Secretary determines to be appropriate, conduct or require the conduct of vulnerability assessments and other activities (including qualified third-party audits) to ensure and evaluate compliance with this title (including regulations promulgated under subsection (a)(1) and (c)(1)). (B) Right of entry \nIn carrying out this title, the Secretary (or a designee), on presentation of credentials, shall have a right of entry to, on, or through any premises of an owner or operator of a chemical source. (C) Requests for records \nIn carrying out this title, the Secretary (or a designee) may require the submission of, or, on presentation of credentials, may at reasonable times seek access to and copy any documentation necessary for— (i) review or analysis of a vulnerability assessment or site security plan; or (ii) implementation of a site security plan. (D) Compliance \nIf the Secretary determines that an owner or operator of a chemical source is not maintaining, producing, or permitting access to the premises of a chemical source or records as required by this paragraph, the Secretary may issue an order requiring compliance with the relevant provisions of this section. (E) Qualified third-party audits \nThe Secretary shall establish standards as to the qualifications of third-party auditors. Such standards shall ensure the qualifications of the third-party auditor provide sufficient expertise in— (i) chemical site security vulnerabilities; (ii) chemical site security measures; and (iv) such other areas as the Secretary determines to be appropriate and necessary. (4) Submission of changes \nThe owner or operator of a chemical source shall provide to the Secretary a description of any significant change that is made to the vulnerability assessment or site security plan required for the chemical source under this section, not later than 90 days after the date the change is made. (c) Existing vulnerability assessments and security plans \nUpon submission of a petition by an owner or operator of a chemical source to the Secretary in conjunction with a submission under subsection (b)(2)(A), the Secretary— (1) may endorse any vulnerability assessment or security plan— (A) that was conducted, developed, or required by— (i) industry; (ii) State or local authorities; or (iii) other applicable law; (B) that was conducted before, on, or after the date of enactment of this title; and (C) the contents of which the Secretary determines meet the standards established under the requirements of subsections (a)(1), (a)(2), and (a)(3); and (2) may make an endorsement of an existing vulnerability assessment or security plan under paragraph (1) contingent on modification of the vulnerability assessment or security plan to address— (A) a particular threat or type of threat; or (B) a requirement under (a)(2) or (a)(3). (d) Regulatory criteria \nIn exercising the authority under subsections (a), (b), (c), or (e) with respect to a chemical source, the Secretary shall consider— (1) the likelihood that a chemical source will be the target of terrorism; (2) the potential extent of death, injury, or serious adverse effects to human health or the environment that would result from a terrorist release; (3) the potential harm to critical infrastructure and national security from a terrorist release; and (4) such other security-related factors as the Secretary determines to be appropriate and necessary to protect the public health and welfare, critical infrastructure, and national security. (e) List of chemical sources \n(1) In general \nNot later than 180 days after the date of the enactment of this title, the Secretary shall develop a list of chemical sources in existence as of that date. (2) Considerations \nIn developing the list under paragraph (1), the Secretary shall take into consideration the criteria specified in subsection (d). (3) Prioritization \nIn developing the list under paragraph (1), the Secretary shall determine the potential extent of death, injury, or severe adverse effects to human health that would result from a terrorist release of dangerous substances from a chemical source. (4) Scope \nIn developing the list under paragraph (1), the Secretary shall include at least those facilities that pose a risk of potential death, injury, or severe adverse effects to not fewer than 1000 individuals. (5) Future determinations \nNot later than 3 years after the date of the promulgation of regulations under subsection (a)(1), and every 3 years thereafter, the Secretary shall, after considering the criteria described in subsection (d)— (A) determine whether additional facilities (including, as of the date of the determination, facilities that are operational and facilities that will become operational in the future) shall be considered to be a chemical source under this title; (B) determine whether any chemical source identified on the most recent list under paragraph (1) no longer presents a risk sufficient to justify retention of classification as a chemical source under this title; and (C) update the list as appropriate. (f) 5- Y ear review \nNot later than 5 years after the date of the certification of a vulnerability assessment and a site security plan under subsection (b)(1), and not less often than every 5 years thereafter (or on such a schedule as the Secretary may establish by regulation), the owner or operator of the chemical source covered by the vulnerability assessment or site security plan shall— (1) ensure the vulnerability assessment and site security plan meet the most recent regulatory standards issued under subsection (a)(1); and (2) (A) certify to the Secretary that the chemical source has completed the review and implemented any modifications to the site security plan; and (B) submit to the Secretary a description of any changes to the vulnerability assessment or site security plan. (g) Protection of information \n(1) Critical infrastructure information \nExcept with respect to certifications specified in subsections (b)(1), (b)(2), and (f)(2)(A), vulnerability assessments and site security plans obtained in accordance with this title, and all information derived from those vulnerability assessments and site security plans that could pose a risk to a particular chemical source, shall be deemed critical infrastructure information as defined in section 212 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), and subject to all protections under sections 213 and 214 of that Act. (2) Exceptions to penalties \nSection 214(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 133(f) ) shall not apply to a person described in that section that discloses information described in paragraph (1)— (A) for use in any administrative or judicial proceeding to impose a penalty for failure to comply with a requirement of this title; or (B) for the purpose of making a disclosure evidencing government, owner or operator, or employee activities that threaten the security of a chemical source or are inconsistent with the requirements of this title. (3) Rule of construction \nNothing in this subsection shall be construed to authorize the withholding of information from members of Congress acting in their official capacity.", "id": "HBE6FE9CF6ECD4FD100658B04D1007ED4", "header": "Vulnerability assessments and site security plans" }, { "text": "194. Whistleblower protection \n(a) In general \nNo person employed at a chemical source may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person— (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law, rule or regulation related to the security of the chemical source, or any other threat to the security of the chemical source, when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforcement agency; (B) any member or committee of the Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); or (2) to file, cause to be filed, testify in, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule, or regulation related to the security of a chemical source or any other threat to the security of a chemical source; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of chemical sources. (b) Enforcement action \n(1) In general \nA person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by— (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure \n(A) In general \nAn action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (B) Exception \nNotification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the person’s employer. (C) Burdens of proof \nAn action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations \nAn action under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies \n(1) In general \nA person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages \nRelief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the person would have had, but for the discrimination; (B) the amount of back pay, with interest; and (C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights retained by person \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement.", "id": "H78D03A8623AC419BB1669BE387D1CFA4", "header": "Whistleblower protection" }, { "text": "195. Enforcement \n(a) Failure to comply \nIf an owner or operator of a chemical source fails to certify or submit a vulnerability assessment or site security plan in accordance with this title, the Secretary may issue an order requiring the certification and submission of a vulnerability assessment or site security plan in accordance with section 193(b). (b) Disapproval \nThe Secretary may disapprove under subsection (a) a vulnerability assessment or site security plan submitted under section 193(b) or (c) if the Secretary determines that— (1) the vulnerability assessment or site security plan does not comply with regulations promulgated under section 193(a)(1), or the procedure, protocol, or standard endorsed or recognized under section 193(c); or (2) the site security plan, or the implementation of the site security plan, is insufficient to address— (A) the results of a vulnerability assessment of a chemical source; or (B) a threat of a terrorist release. (c) Compliance \nIf the Secretary disapproves a vulnerability assessment or site security plan of a chemical source under subsection (b), the Secretary shall— (1) provide the owner or operator of the chemical source a written notification of the determination that includes a clear explanation of deficiencies in the vulnerability assessment, site security plan, or implementation of the assessment or plan; (2) consult with the owner or operator of the chemical source to identify appropriate steps to achieve compliance; and (3) if, following that consultation, the owner or operator of the chemical source does not achieve compliance by such date as the Secretary determines to be appropriate under the circumstances, issue an order requiring the owner or operator to correct specified deficiencies. (d) Protection of information \nAny determination of disapproval or order made or issued under this section shall be exempt from disclosure— (1) under section 552 of title 5, United States Code; (2) under any State or local law providing for public access to information; and (3) except as provided in section 193(g)(2), in any Federal or State civil or administrative proceeding.", "id": "H8DDC27B400964202ADDFC26CE634DA0", "header": "Enforcement" }, { "text": "196. Interagency technical support and cooperation \nThe Secretary— (1) in addition to such consultation as is required in this title, shall consult with Federal agencies with relevant expertise, and may request those Federal agencies to provide technical and analytical support, in implementing this title; and (2) may provide reimbursement for such technical and analytical support received as the Secretary determines to be appropriate.", "id": "HF9F2FD8E5CAE4A61B2F0448E28747C5D", "header": "Interagency technical support and cooperation" }, { "text": "197. Penalties \n(a) Judicial relief \nIn a civil action brought in United States district court, any owner or operator of a chemical source that violates or fails to comply with any order issued by the Secretary under this subtitle or a site security plan submitted to the Secretary under this subtitle or recognized by the Secretary, for each day on which the violation occurs or the failure to comply continues, may be subject to— (1) an order for injunctive relief; and (2) a civil penalty of not more than $50,000. (b) Administrative penalties \n(1) Penalty orders \nThe Secretary may issue an administrative penalty of not more than $250,000 for failure to comply with an order issued by the Secretary under this subtitle. (2) Notice and hearing \nBefore issuing an order described in paragraph (1), the Secretary shall provide to the person against whom the penalty is to be assessed— (A) written notice of the proposed order; and (B) the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order. (3) Procedures \nThe Secretary may promulgate regulations outlining the procedures for administrative hearings and appropriate review under this subsection, including necessary deadlines.", "id": "HC8E16D0C98F143568BDC359EA2403D02", "header": "Penalties" }, { "text": "198. No effect on requirements under other law \nNothing in this subtitle affects any duty or other requirement imposed under any other Federal or State law.", "id": "H3707B08B56D84EE88F8406E983488934", "header": "No effect on requirements under other law" }, { "text": "201. 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 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": "HF7F505FD564B4922A267B89B2EC6A168", "header": "Cybersecurity training programs and equipment" }, { "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 amendments \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: Sec. 203. Assistant Secretary for Cybersecurity. (c) Cybersecurity defined \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’ means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. (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 , wire communication , and electronic communication has the meaning that term has in section 2510 of title 18, United States Code..", "id": "H377B7EC4CDE643A98290FFDDE1503BB", "header": "Assistant Secretary for Cybersecurity" }, { "text": "203. Assistant Secretary for Cybersecurity \n(a) In general \nThere shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority \nThe Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. (c) Responsibilities \nThe responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. (d) Authority over the national communications system \nThe Assistant Secretary shall have primary authority within the Department over the National Communications System.", "id": "H4BAE8DB116934DE59678FA4B55C936D", "header": "Assistant Secretary for Cybersecurity" }, { "text": "211. Short title \nThis subtitle may be cited as Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004.", "id": "H484487CD650848F5A01765C557C52843", "header": "Short title" }, { "text": "212. Findings; purposes \n(a) Findings \nCongress finds the following: (1) Throughout the United States, public safety agencies—law enforcement, firefighters, emergency technicians, public health officials, and others—in the same jurisdictions cannot now communicate effectively with one another, with agencies in neighboring jurisdictions, or with other public safety agencies at the Federal and State level, when responding to emergencies or participating in major deployment. (2) The inability of public safety agencies in the United States to communicate with one another within and across jurisdictions and disciplines is a long-recognized and complex problem that threatens the public’s safety and security and often results in unnecessary loss of lives and property. (3) The lack of interoperability was at least partially responsible for the deaths of 343 firefighters in New York City on September 11, 2001, when police could not communicate effectively with firefighters prior to the collapse of the Twin Towers. (4) In the immediate aftermath of the Oklahoma City bombing in 1995, studies showed that emergency responders had to use runners to carry messages from one command center to another because the responding agencies used different emergency radio channels, different frequencies, and different radio systems. (5) In Littleton, Colorado, 46 public safety agencies responded to the shooting spree inside Columbine High School in 1999. Precious minutes were lost because command personnel were forced to send runners to communicate crucial information. Incompatible radio communication systems were a significant factor, according to the Columbine Review Commission. (6) There are more than 50,000 State and local public safety agencies. Many of these agencies are small or volunteer organizations with limited budgets, and little or no engineering expertise. State and local agencies consistently cite lack of funding as a critical obstacle to interoperability. (7) State and local budget crises have made funding public safety communications even more difficult, and competition with other critical homeland security needs, such as personnel, physical facilities, protective gear, and other kinds of equipment reduce the available funding for mission-critical communications infrastructures and equipment. (8) Funding is needed for all phases of the communications system life cycle: planning, system design and engineering, procurement and installation, operations and maintenance, and testing and technology development. There is clear need for a dedicated and consistent Federal funding source that is sufficient to finance comprehensive interoperable communications solutions. The role of Federal, State, and local governments and agencies in funding interoperable communications must be clear. (9) Achieving nationwide interoperability will require a significant financial commitment at all levels of government. In 1998, the Public Safety Wireless Network estimated that developing interoperable communications nationwide could cost $18,000,000,000. According to the Office of Wireless Public Safety Interoperable Communications, the umbrella program in the Department of Homeland Security designed to lead and coordinate interoperability efforts that is commonly known as Project SAFECOM, that estimate is now outdated and includes only part of the total cost of upgrades. (10) An Independent Task Force sponsored by the Council on Foreign Relations stated that among other things, additional funds are desperately needed... to foster interoperable communications systems for emergency responders across the country so that those on the front lines can communicate with each other while at the scene of attack. The Task Force recommended, conservatively , that $6,800,000,000 over 5 years is needed for interoperability as well as public alert and information systems programs. (11) Numerous Federal agencies provide information or grants that can be used in the development of interoperable communications systems. However, without common guidance and standards, funding and grants are often used in isolation of broader, regional communications needs and capacities. There is a need to better coordinate these disparate grant programs, and to provide unified and consistent leadership and funding from the Federal Government. (12) The partnership between the private and public sectors has developed numerous solutions to significantly improve communications interoperability that can be implemented immediately. These solutions include deployable vehicles that contain crosspatch capabilities that allow radio users on separate frequencies to talk to each other; communications system overlay software and hardware that allow multiple disparate communications networks to act as one network; and the Project 25 standard for the manufacturing of interoperable digital two-way wireless communications products. (13) Current approaches to achieving communications interoperability are also hampered by the fact that in many jurisdictions— (A) the existing radio communications infrastructure is old and outdated; (B) planning for interoperability is limited and fragmented among multiple agencies; (C) the necessary coordination and cooperation within and among jurisdictions is difficult to achieve; and (D) there is limited and fragmented amount of radio spectrum available to public safety organizations. (14) The lack of universally recognized, fully open, and implementable standards for public safety agency needs has limited the cost efficiencies of interoperability, and has delayed the adoption of new technologies by public safety agencies. (15) Solutions can only be achieved through cooperation among all levels of government, and the Federal Government, through the Department of Homeland Security, must provide nationwide leadership, coordination, and a substantial share of resources necessary to purchase appropriate technologies and create seamless communications among United States public safety agencies. (16) In April 2004, the General Accounting Office found that in Project SAFECOM’s 2 year history, the program has made very little progress in addressing its overall objective of achieving national wireless communications interoperability among first responders and public safety systems at all levels of government, principally due to— (A) a lack of consistent executive commitment and support; and (B) an inadequate level of interagency collaboration. (17) Project SAFECOM lacks the statutory authority and dedicated resources necessary to coordinate Federal programs or accomplish other tasks required to make the achievement of interoperability a national priority, and a realistic goal for the Nation. (b) Purposes \nThe purposes of this subtitle are to— (1) require the Department of Homeland Security to provide effective leadership, coordination, and technical assistance for the purposes of enhancing communications interoperability, and to establish and implement a strategy to ensure the achievement of communications interoperability for public safety agencies throughout the United States; (2) authorize appropriations for interoperable communications grants to State and local governments and public safety agencies; and (3) support the effective acquisition, installation, and maintenance of short-term and long-term interoperable communications equipment for homeland security at all levels of government.", "id": "H8A8B26C34E0A403FA908715F4CFA4CCE", "header": "Findings; purposes" }, { "text": "213. Establishment of the Office of Wireless Public Safety Interoperable Communications \n(a) Amendment \nThe Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by adding after section 313 the following: 314. Office of Wireless Public Safety Interoperable Communications \n(a) Definitions \nIn this section, the following definitions shall apply: (1) Communications interoperability \nThe term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (2) Director \nThe term Director means the Director of Wireless Public Safety Interoperable Communications. (3) Office \nThe term Office means the Office of Wireless Public Safety Interoperable Communications established under subsection (c). (4) Public safety agencies \nThe term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (b) Sense of Congress regarding Project SAFECOM \nIt is the Sense of Congress that— (1) after more than 2 years, Project SAFECOM has made very limited progress in addressing its overall objective of achieving communications interoperability among entities at all levels of government; (2) a principal impediment to progress has been the failure to effectively collaborate with, and to obtain consistent funding from, other Federal agencies involved with SAFECOM; and (3) in order to accelerate progress in achieving communications interoperability among entities at all levels of government, all Federal funding and program management to achieve this goal should reside within the Department of Homeland Security. (c) Establishment \n(1) In general \nThere is established the Office of Wireless Public Safety Interoperable Communications within the Directorate of Science and Technology, which shall be headed by a Director of Wireless Public Safety Interoperable Communications appointed by the Secretary. (2) Administration \nThe Secretary shall provide the Office with the resources and staff necessary to carry out the purposes of this section, including sufficient staff to provide support to each State. Support under this paragraph shall include outreach, coordination, and technical assistance. (3) Duties \n(A) Technical assistance \n(i) Assistance through Director \nThe Secretary, acting through the Director, shall— (I) provide leadership and coordination among all other Federal agencies that provide funding, research, technology development, or other support for communications interoperability; (II) accelerate, in consultation with other nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for communications interoperability, including the Project 25 standard, and establish a schedule of milestones to be achieved in developing such standards; (III) provide technical assistance to Federal, State, and local governments and public safety agencies on planning, interoperability architectures, acquisition strategies, and other functions necessary to achieve communications interoperability; (IV) participate in the review and final approval of funding for grant applications for the purposes of administering the grant program established under section 430(e); and (V) provide direct technical assistance to State and local governments and public safety agencies for the purposes of administering the grant program established under section 430(e). (ii) Assistance by Director and under Secretary for Science and Technology \nThe Director, under the direction of the Under Secretary for Science and Technology, shall— (I) conduct and otherwise provide for research, development, testing, and evaluation for public safety communications technologies and equipment; (II) evaluate and validate new technology concepts, including systems engineering and development, and promote the deployment of advanced broadband communications technologies; and (III) encourage the development of flexible and open architectures and standards, with appropriate levels of security, for short-term and long-term solutions to interoperability. (B) Outreach and coordination \nThe Secretary, acting through both the Director and the Office of State and Local Government Coordination established under section 801, shall take such steps as are necessary to enable public safety agencies to achieve more effective and efficient interoperable communications, and shall collaborate with other Federal agencies, the leadership of public safety agencies, and State and local governments to— (i) develop and maintain a task force that represents the broad customer base of State and local public safety agencies, as well as Federal agencies, involved in public safety agency disciplines, in order to receive input and coordinate efforts to achieve communications interoperability; (ii) develop and implement a national strategy to achieve communications interoperability; (iii) facilitate collaborative planning and partnerships among local, State, and Federal government agencies; (iv) coordinate, execute, and align all Federal public safety wireless communications activities, to include the development of common guidance for grant programs, and any programs conducting demonstration projects, technical assistance, outreach, testing and evaluation, or research and development to enhance public safety wireless communications and interoperability; (v) share best practices, and provide outreach and coordination to State and local governments and public safety agencies, to implement short-term and long-term solutions to achieve communications interoperability, and to include commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (vi) identify and work to overcome the political, institutional, and geographic barriers within the public safety community that can impede interoperability among public safety agencies, including among Federal agencies; (vii) develop appropriate performance measures and systematically measure the Nation’s progress towards interoperability; and (viii) monitor the availability of, and make recommendations to Congress to address problems associated with the availability and more efficient use of, radio spectrum for public safety. (d) National strategy \n(1) In general \nThe Secretary, acting through the Director, shall, in cooperation with State and local governments, Federal agencies, public safety agencies, the private sector, and the task force established under subsection (c)(3)(B)(i), develop a national strategy to achieve communications interoperability, which shall— (A) provide for the development of national voluntary standards for the purchase and use by public safety agencies of interoperable communications equipment and technologies; (B) identify the appropriate interoperable communications capabilities necessary for Federal, State, and local public safety agencies to adequately protect the people of the United States; (C) address both short-term and long-term solutions to achieving Federal, State and local communications interoperability, including provision of commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (D) identify how the Federal Government can work effectively with State and local governments, public safety agencies in all States, and such other entities as are necessary to implement the strategy; (E) include measures to identify and overcome all obstacles to achieving interoperability; and (F) set goals and establish time frames for the achievement of communications interoperability across the United States, and develop performance measures to determine whether these goals are being met. (2) Report \nNot later than 6 months after the date of enactment of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004 , and each year thereafter, the Secretary shall submit a report to the Congress— (A) detailing the progress of the Department in carrying out the purposes of this section; (B) detailing the progress in achieving communications interoperability; and (C) making any recommendations necessary to expedite the fulfillment of the purposes of this section. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2005, and such sums as are necessary each fiscal year thereafter, for the operations of the Office, and for other entities within the Department whose activities facilitate the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004.. (b) Technical and conforming amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended by inserting after the item relating to section 313 the following: 314. Office of Wireless Public Safety Interoperable Communications.", "id": "HBCB6A8990FA64FFFB7802BC66F9FA064", "header": "Establishment of the Office of Wireless Public Safety Interoperable Communications" }, { "text": "314. Office of Wireless Public Safety Interoperable Communications \n(a) Definitions \nIn this section, the following definitions shall apply: (1) Communications interoperability \nThe term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (2) Director \nThe term Director means the Director of Wireless Public Safety Interoperable Communications. (3) Office \nThe term Office means the Office of Wireless Public Safety Interoperable Communications established under subsection (c). (4) Public safety agencies \nThe term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (b) Sense of Congress regarding Project SAFECOM \nIt is the Sense of Congress that— (1) after more than 2 years, Project SAFECOM has made very limited progress in addressing its overall objective of achieving communications interoperability among entities at all levels of government; (2) a principal impediment to progress has been the failure to effectively collaborate with, and to obtain consistent funding from, other Federal agencies involved with SAFECOM; and (3) in order to accelerate progress in achieving communications interoperability among entities at all levels of government, all Federal funding and program management to achieve this goal should reside within the Department of Homeland Security. (c) Establishment \n(1) In general \nThere is established the Office of Wireless Public Safety Interoperable Communications within the Directorate of Science and Technology, which shall be headed by a Director of Wireless Public Safety Interoperable Communications appointed by the Secretary. (2) Administration \nThe Secretary shall provide the Office with the resources and staff necessary to carry out the purposes of this section, including sufficient staff to provide support to each State. Support under this paragraph shall include outreach, coordination, and technical assistance. (3) Duties \n(A) Technical assistance \n(i) Assistance through Director \nThe Secretary, acting through the Director, shall— (I) provide leadership and coordination among all other Federal agencies that provide funding, research, technology development, or other support for communications interoperability; (II) accelerate, in consultation with other nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for communications interoperability, including the Project 25 standard, and establish a schedule of milestones to be achieved in developing such standards; (III) provide technical assistance to Federal, State, and local governments and public safety agencies on planning, interoperability architectures, acquisition strategies, and other functions necessary to achieve communications interoperability; (IV) participate in the review and final approval of funding for grant applications for the purposes of administering the grant program established under section 430(e); and (V) provide direct technical assistance to State and local governments and public safety agencies for the purposes of administering the grant program established under section 430(e). (ii) Assistance by Director and under Secretary for Science and Technology \nThe Director, under the direction of the Under Secretary for Science and Technology, shall— (I) conduct and otherwise provide for research, development, testing, and evaluation for public safety communications technologies and equipment; (II) evaluate and validate new technology concepts, including systems engineering and development, and promote the deployment of advanced broadband communications technologies; and (III) encourage the development of flexible and open architectures and standards, with appropriate levels of security, for short-term and long-term solutions to interoperability. (B) Outreach and coordination \nThe Secretary, acting through both the Director and the Office of State and Local Government Coordination established under section 801, shall take such steps as are necessary to enable public safety agencies to achieve more effective and efficient interoperable communications, and shall collaborate with other Federal agencies, the leadership of public safety agencies, and State and local governments to— (i) develop and maintain a task force that represents the broad customer base of State and local public safety agencies, as well as Federal agencies, involved in public safety agency disciplines, in order to receive input and coordinate efforts to achieve communications interoperability; (ii) develop and implement a national strategy to achieve communications interoperability; (iii) facilitate collaborative planning and partnerships among local, State, and Federal government agencies; (iv) coordinate, execute, and align all Federal public safety wireless communications activities, to include the development of common guidance for grant programs, and any programs conducting demonstration projects, technical assistance, outreach, testing and evaluation, or research and development to enhance public safety wireless communications and interoperability; (v) share best practices, and provide outreach and coordination to State and local governments and public safety agencies, to implement short-term and long-term solutions to achieve communications interoperability, and to include commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (vi) identify and work to overcome the political, institutional, and geographic barriers within the public safety community that can impede interoperability among public safety agencies, including among Federal agencies; (vii) develop appropriate performance measures and systematically measure the Nation’s progress towards interoperability; and (viii) monitor the availability of, and make recommendations to Congress to address problems associated with the availability and more efficient use of, radio spectrum for public safety. (d) National strategy \n(1) In general \nThe Secretary, acting through the Director, shall, in cooperation with State and local governments, Federal agencies, public safety agencies, the private sector, and the task force established under subsection (c)(3)(B)(i), develop a national strategy to achieve communications interoperability, which shall— (A) provide for the development of national voluntary standards for the purchase and use by public safety agencies of interoperable communications equipment and technologies; (B) identify the appropriate interoperable communications capabilities necessary for Federal, State, and local public safety agencies to adequately protect the people of the United States; (C) address both short-term and long-term solutions to achieving Federal, State and local communications interoperability, including provision of commercially available equipment that facilitates interoperability, coordination, and integration among existing emergency communications systems; (D) identify how the Federal Government can work effectively with State and local governments, public safety agencies in all States, and such other entities as are necessary to implement the strategy; (E) include measures to identify and overcome all obstacles to achieving interoperability; and (F) set goals and establish time frames for the achievement of communications interoperability across the United States, and develop performance measures to determine whether these goals are being met. (2) Report \nNot later than 6 months after the date of enactment of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004 , and each year thereafter, the Secretary shall submit a report to the Congress— (A) detailing the progress of the Department in carrying out the purposes of this section; (B) detailing the progress in achieving communications interoperability; and (C) making any recommendations necessary to expedite the fulfillment of the purposes of this section. (e) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $50,000,000 for fiscal year 2005, and such sums as are necessary each fiscal year thereafter, for the operations of the Office, and for other entities within the Department whose activities facilitate the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004.", "id": "H526E664BF260444A89E108426820E22B", "header": "Office of Wireless Public Safety Interoperable Communications" }, { "text": "214. Interoperable communications technology grant program \nSection 430 of the Homeland Security Act of 2002 ( 6 U.S.C. 238 ) is amended by adding at the end the following: (e) Interoperable communications grants \n(1) Definitions \nIn this subsection, the following definitions shall apply: (A) Communications interoperability \nThe term communications interoperability means the ability of public safety service and support providers, including emergency response providers, to communicate with other responding agencies and Federal agencies if necessary, through information technology systems and radio communications systems, and to exchange voice, data, or video with one another on demand, in real time, as necessary. (B) Eligible State \nThe term eligible State means a State that— (i) has submitted a plan under paragraph (4); and (ii) the Secretary determines has not achieved adequate statewide communications interoperability. (C) Public safety agencies \nThe term public safety agencies includes emergency response providers and any other persons that the Secretary determines must communicate effectively with one another to respond to emergencies. (2) In general \nThe Secretary shall— (A) make grants on a competitive basis directly to local governments (including a consortium of local governments) and public safety agencies within eligible States, in consultation with the chief executives of the State or States, for the purpose of assisting in the development of interoperable communications systems at any stage, including— (i) planning, system design, and engineering; (ii) procurement and installation of equipment; (iii) operations and maintenance of equipment; and (iv) testing and technology development; and (B) make grants to eligible States for initiatives necessary to achieve communications interoperability within each State, including— (i) statewide communications planning; (ii) system design and engineering; (iii) procurement and installation of equipment; (iv) operations and maintenance of equipment; and (v) testing and technology development initiatives. (3) Coordination \n(A) In general \nThe Secretary shall ensure that grants administered under this subsection are coordinated with the activities of other entities of the Department and other Federal entities so that grants awarded under this subsection, and other grant programs related to homeland security, facilitate the achievement of the strategy developed under section 314(c), and the purposes of the Connecting the Operations of National Networks of Emergency Communications Technologies for First Responders Act of 2004. (B) Relationship to existing grant programs \nNothing in this Act shall provide for the combination of grant funds among the grant program established under this subsection and any other grant programs administered by the Department of Homeland Security, including the State Homeland Security Grant Program of the Department, or any successor to such grant program, and the Urban Area Security Initiative of the Department, or any successor to such grant program. (4) Eligibility \n(A) Submission of plan \nTo be eligible to receive a grant under this subsection, each eligible State, or local governments or public safety agencies within an eligible State or States, shall submit a communications interoperability plan to the Secretary that— (i) addresses any stage of the development of interoperable communications systems, including planning, system design and engineering, procurement and installation, operations and maintenance, and testing and technology development; (ii) if the applicant is not a State, includes a description of how the applicant addresses the goals specified in any applicable State plan or plans submitted under this section; and (iii) is approved by the Secretary. (B) Incorporation and consistency \nA plan submitted under subparagraph (A) may be part of, and shall be consistent with, any other homeland security plans required of the submitting party by the Department. (5) Award of grants \n(A) Considerations \nIn approving plans and awarding grants under this subsection, the Secretary shall consider— (i) the nature of the threat to the eligible State or local jurisdiction; (ii) the location, risk, or vulnerability of critical infrastructure and key national assets; (iii) the number, as well as the density, of persons who will be served by interoperable communications systems; (iv) the extent of the partnerships, existing or planned, established between local jurisdictions and agencies participating in the development of interoperable communications systems, and their coordination with Federal and State agencies; (v) the level of communications interoperability already achieved by the jurisdictions; (vi) the extent to which the communications interoperability plan submitted under paragraph (4) adequately addresses steps necessary to implement short-term or long-term solutions to communications interoperability; (vii) the extent to which eligible States and local governments, in light of their financial capability, demonstrate their commitment to expeditiously achieving communications interoperability by supplementing Federal funds with non-Federal funds; (viii) the extent to which grants will expedite the achievement of interoperability in the relevant jurisdiction with Federal, State, and local agencies; and (ix) the extent to which grants will be utilized to implement advanced communications technologies to promote interoperability. (B) Cost sharing \n(i) In general \nThe Federal share of the costs of an activity carried out with a grant to an applicant awarded under this section shall not exceed 75 percent. (ii) In-kind matching \nEach recipient of a covered grant may meet the matching requirement under clause (i) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made, including personnel overtime, contractor services, administrative costs, equipment fuel and maintenance, and rental space. (6) Reimbursement \n(A) In general \nUnless otherwise requested by the recipient of a grant under this subsection, grants shall not be awarded to reimburse the recipient for prior expenditures related to achieving communications interoperability. (B) Exception \nThe Secretary shall reimburse public safety agencies directly for costs incurred for expenditures related to achieving communications interoperability, if— (i) the public safety agency expended funds after September 11, 2001, and before the date of enactment of this subsection; and (ii) such expenditures are consistent with and supportive of the communications interoperability plan approved by the Secretary under paragraph (4)(A)(iii). (C) Termination of authority \nThe authority of the Secretary under subparagraph (B) shall terminate one year after the date on which the Department of Homeland Security first allocates grant funds for this program. (7) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2005, $750,000,000 for fiscal year 2006, $1,000,000,000 for fiscal year 2007, $1,250,000,000 for fiscal year 2008, $1,500,000,000 for fiscal year 2009, and such sums as are necessary each fiscal year thereafter, to carry out the purposes of this subsection..", "id": "H355D2762A3154A56A7694DA00081DA4", "header": "Interoperable communications technology grant program" }, { "text": "221. Short title \nThis subtitle may be cited as the Strengthening Homeland Innovation to Emphasize Liberty, Democracy, and Privacy Act or the SHIELD Privacy Act.", "id": "HDAE51294906A462C832930955368FA13", "header": "Short title" }, { "text": "222. Findings \nThe Congress finds the following: (1) The protection of our Nation’s civil liberties and privacy is fundamental to the American way of life. (2) Strengthening our homeland security ensures that our way of life and the rights protected by the Constitution remain intact. (3) In developing homeland security initiatives, our Government must take care to protect fundamental constitutional rights and strive to minimize unnecessary impositions on the freedoms and privileges enjoyed in the United States. (4) As governments develop and employ new technologies and gather information from the private sector for homeland security efforts, they must ensure that our society’s constitutional guarantees relating to privacy, due process, and civil liberties are protected.", "id": "H356A1BE92F28448094DB3C44C0B0632C", "header": "Findings" }, { "text": "223. Chief Privacy Officer \n(a) Designation \nThe President shall designate a senior official within the Office of Management and Budget as the Chief Privacy Officer, who shall have primary responsibility for privacy policy throughout the Federal Government. (b) Specific responsibilities \nThe responsibilities of the Chief Privacy Officer shall include the following: (1) Assuring that the technologies procured and use of technologies by the Federal Government sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Exercising responsibility currently vested in the Director of the Office of Management and Budget with respect to privacy impact assessment rules, regulations, and oversight under section 208 of the E-Gov Act of 2002 ( 44 U.S.C. 3501 note). (5) Preparing an annual report to the Congress containing an agency-by-agency analysis of Federal activities that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters. (c) Agency information \nThe head of each Federal agency shall provide to the Chief Privacy Officer such information as the Chief Privacy Officer considers necessary for the completion of the annual reports under subsection (b)(5). (d) Report by Secretary of Homeland Security \nSection 222(5) of the Homeland Security Act of 2002 ( 6 U.S.C. 142(5) ) is amended by striking Congress and inserting the chief Privacy Officer of the Office of Management and Budget.", "id": "H1262554D40B540E190E1F6B4232F4DDC", "header": "Chief Privacy Officer" }, { "text": "224. Privacy policy of departments and independent agencies \n(a) Officials responsible for privacy policy \nThe head of each department and each independent agency in the executive branch shall appoint a senior official of the department or independent agency, respectively, to assure primary responsibility for privacy policy, including the following: (1) Assuring that technologies procured and use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personally identifiable information. (2) Assuring that personally identifiable information contained in systems of records (as that term is defined in section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974 ) is handled in full compliance with fair information practices required under that section. (3) Evaluating legislative and regulatory proposals involving collection, use, and disclosure of personally identifiable information by the Federal Government. (4) Conducting privacy impact assessments under subsection (b). (5) Ensuring that the department or agency protects personally identifiable information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, by— (i) guarding against improper information modification or destruction; and (ii) ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; (C) availability, by ensuring timely and reliable access to and use of that information; and (D) authentication, by utilizing digital credentials to assure the identity of users and validate their access. (6) Submitting an annual report to the Director of the Office of Management and Budget on activities of their agencies that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other matters. (b) Privacy impact assessments \n(1) Requirement \nThe official appointed under subsection (a) for a department or independent agency shall— (A) assess the impact on privacy of each proposed action of the Department or agency that will require collecting, using, or accessing personally identifiable information from 10 or more persons; and (B) make the results of such assessments publicly available through the World Wide Web site of the Department. (2) Matters considered \nEach assessment under this subsection regarding a proposed action shall consider the following: (A) The type of any personally identifiable information to be collected, used, or accessed by the Department. (B) Why such information will be collected, used, or accessed. (C) The intended use of such information. (D) The persons with whom such information will be shared. (E) What notice or consent will be provided to individuals regarding such information to be collected or accessed, and how that information will be shared. (F) How such information will be secured. (G) Whether a system of records will be created for purposes of section 552a of title 5, United States Code. (H) The method by which, extent to which, and rate at which such collected information will be destroyed or returned.", "id": "H08AB7C75641342EC9CEAC30028827500", "header": "Privacy policy of departments and independent agencies" }, { "text": "225. Commission on Privacy, Freedom, and Homeland Security \n(a) Establishment \nThere is established a commission to be known as the Commission on Privacy, Freedom, and Homeland Security. (b) Duties of commission \n(1) In general \nThe Commission shall conduct a comprehensive legal and factual study relating to United States efforts to further homeland security in a manner that protects privacy, civil liberties, and individual freedoms. (2) Matters to be studied \nThe matters studied by the Commission under paragraph (1) shall at a minimum include the following: (A) A review of whether Federal agencies are properly assessing the privacy implications of new homeland security technologies before implementing and deploying such technologies. (B) The impact of existing Federal and State privacy statutes and regulations, legislation pending before the Congress, and privacy protection efforts undertaken by the Federal Government, State governments, foreign governments, and international governing bodies on homeland security. (C) The impact of Federal legislation enacted since September 11, 2001, or pending before the Congress, on civil liberties. (D) The likely effectiveness of existing technologies for analyzing public and private sources of data and information to identify terrorists and prevent terrorist acts. (c) Field hearings \n(1) In general \nThe Commission shall conduct at least 2 field hearings in each of the 5 geographical regions of the United States. (2) Determination of regions \nFor purposes of this subsection, the Commission may determine the boundaries of the 5 geographical regions of the United States. (d) Report \n(1) In general \nNo later than 24 months after the date on which the Commission first meets, the Commission shall submit to the President and the Congress a comprehensive report of the Commission’s findings, recommendations, and conclusions. Such report shall include a summary of the report submitted to the Commission by the National Research Council under subsection (g)(9), and a summary of any other material relied on by the Commission in the preparation of its report. (2) Recommendations \nThe report under paragraph (1) shall include recommendations regarding the following: (A) Steps Federal agencies should take when considering new homeland security technologies to ensure that privacy implications are adequately considered before such technologies are implemented. (B) Whether additional legislation is necessary to reform or augment current laws and regulations relating to privacy and homeland security, including specific reform proposals and an analysis of the financial costs of any proposed changes. (C) Safeguards and protection that should be in place when the Federal Government uses an individual’s personally identifiable information obtained from a commercial database or a list for counterterrorism and homeland security purposes. (3) Additional report \nThe Commission shall submit to the Congress and the President, with the report under paragraph (1), any additional report of dissenting opinions or minority views by any member of the Commission. (4) Interim report \nThe Commission may submit to the Congress and the President interim reports approved by a majority of the members of the Commission. (e) Structure of Commission \n(1) Member and appointment \nThe Commission shall be composed of 10 members appointed as follows: (A) 1 member appointed by the President, who shall be the chairperson of the Commission. (B) 1 member appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate, who shall be the vice chairperson of the Commission. (C) 2 members appointed by the majority leader of the House of Representatives. (D) 2 members appointed by the minority leader of the House of Representatives. (E) 2 members appointed by the majority leader of the Senate. (F) 2 members appointed by the minority leader of the Senate. (2) Qualifications of members \nThe appointing authorities under subsection (1) shall seek to ensure that the membership of the Commission has a diversity of views and experiences on the matters to be studied by the Commission, including views and knowledge of law, civil rights and liberties, privacy matters, homeland security, information technology, security, database integration, and law enforcement. (3) Date of appointment \nThe appointment of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. (4) Terms \nEach member of the Commission shall be appointed for the life of the Commission. (5) Vacancies \nAny vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (6) Compensation; travel expenses \nMembers of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (7) Quorum \nA majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of conducting a hearing. (8) Meetings \n(A) In general \nThe Commission shall meet at the call of the Chairperson or a majority of its members. (B) Initial meeting \nNot later than 45 days after the date of the enactment of this Act, the Commission shall hold its initial meeting. (f) Director; Staff; Experts and Consultants \n(1) Director \n(A) Appointment \nNot later than 60 days after the date of the enactment of this Act, the Commission shall appoint a Director, without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (B) Pay \nThe Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of such title. (2) Staff \n(A) Appointment \nThe Director may appoint such staff as the Director determines appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (B) Pay \nThe staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS–15 of the General Schedule under section 5332 of that title. (3) Experts and consultants \nThe Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Detailees \n(A) In general \nUpon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (B) Notice \nBefore making a request under this paragraph, the Director shall give notice of the request to each member of the Commission. (g) Powers of Commission \n(1) Hearings and sessions \nThe Commission may, for the purpose of carrying out this subtitle, hold hearings, sit and act at times and places, take testimony, and receive evidence to carry out its duties under subsection (b). The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents \nAny member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official information \n(A) Requirement to furnish \nExcept as provided in subparagraph (B), if the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this subtitle, the head of that department or agency shall furnish that information to the Commission. (B) Exception for national security \nIf the head of a Federal department or agency determines that it is necessary to withhold requested information from disclosure to protect the national security interests of the United States, the department or agency head shall not furnish that information to the Commission. (4) Mails \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services \nUpon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this section. (6) Gifts and donations \nThe Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts. (7) Contracts \nThe Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (8) Subpoena power \n(A) In general \nIf a Federal department or agency or any other person fails to supply information requested by the Commission, the Commission may require by subpoena the production of the information. The Commission shall transmit to the Attorney General a written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (B) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (A), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (C) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under subparagraph (A) or (B) shall certify to the Commission the authenticity and completeness of all materials or information submitted. (D) Treatment of subpoenas \nAny subpoena issued by the Commission under subparagraph (A) or (B) shall comply with requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (E) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under subparagraph (A) or (B), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (9) Arrangements with National Research Council \n(A) In general \nIn carrying out its duties under subsection (b), the Commission shall arrange with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under subsection (b)(2), including performance of the analysis required under subsection (b)(2)(C). (B) Report \nThe arrangements entered into under (A) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts no later than 15 months after the date on which the Commission first meets. (C) Use of funds \nOf amounts appropriated to carry out this section, up to $750,000 shall be available to the Commission to carry out this paragraph. (h) Budget Act compliance \nAny new contract authority authorized by this section shall be effective only to the extent or in the amounts provided in advance in appropriation Acts. (i) Privacy protections \n(1) Destruction or return of information required \nUpon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (2) Disclosure of information prohibited \nAny individual employed by an individual, entity, or organization under contract to the Commission shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (3) Proprietary business information and financial information \nThe Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this section. (4) Individually identifiable information defined \nFor the purposes of this section, the term individually identifiable information means any information, whether oral or recorded in any form or medium, that identifies an individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual. (j) Termination of Commission \nThe Commission shall terminate 30 days after submitting a report under subsection (d)(1). (k) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Commission $4,750,000 to carry out this Act. (2) Availability \nAny sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended.", "id": "H035087294B1A4C3D8312E02700ACCEE", "header": "Commission on Privacy, Freedom, and Homeland Security" }, { "text": "226. Privacy and Civil Liberties Oversight Board \n(a) In general \nThere is established within the Executive Office of the President a Privacy and Civil Liberties Oversight Board (referred to in this title as the Board ). (b) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers. (2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given. (c) Purpose \nThe Board shall— (1) analyze and review actions the Executive Branch takes to protect the Nation from terrorism; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. (d) Functions \n(1) Advice and counsel on policy development and implementation \nThe Board shall— (A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under section 165; (B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under section 165; (C) advise the President and Federal executive departments and agencies to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; and (D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the executive department or agency has explained— (i) that the power actually materially enhances security; and (ii) that there is adequate supervision of the executive’s use of the power to ensure protection of civil liberties. (2) Oversight \nThe Board shall continually review— (A) the regulations, policies, and procedures and the implementation of the regulations, policies, procedures, and related laws of Federal executive departments and agencies to ensure that privacy and civil liberties are protected; (B) the information sharing practices of Federal executive departments and agencies to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines promulgated under section 165 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and (C) other actions by the Executive Branch related to efforts to protect the Nation from terrorism to determine whether such actions— (i) appropriately protect privacy and civil liberties; and (ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties. (3) Relationship with privacy and civil liberties officers \nThe Board shall review and assess the activities of privacy officers described in section 224 and, where appropriate, shall coordinate their activities. (e) Reports \n(1) In general \nThe Board shall— (A) receive and review reports from privacy officers described in section 224; and (B) periodically submit, not less than semiannually, reports to Congress and the President. (2) Contents \nNot less than 2 reports submitted each year under paragraph (1)(B) shall include— (A) a description of the major activities of the Board during the relevant period; and (B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d). (f) Informing the public \nThe Board shall hold public hearings, release public reports, and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law. (g) Access to information \n(1) Authorization \nIf determined by the Board to be necessary to carry out its responsibilities under this section, the Board may— (A) secure directly from any Federal executive department or agency, or any Federal officer or employee, all relevant records, reports, audits, reviews, documents, papers, or recommendations, including classified information consistent with applicable law; (B) interview, take statements from, or take public testimony from personnel of any Federal executive department or agency or any Federal officer or employee; (C) request information or assistance from any State, tribal, or local government; and (D) require, by subpoena, persons other than Federal executive departments and agencies to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence. (2) Enforcement of subpoena \nIn the case of contumacy or failure to obey a subpoena issued under paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena. (h) Membership \n(1) Members \nThe Board shall be composed of a chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications \nMembers of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, and relevant experience, and without regard to political affiliation. (3) Incompatible office \nAn individual appointed to the Board may not, while serving on the Board, be an elected official, an officer, or an employee of the Federal Government, other than in the capacity as a member of the Board. (i) Compensation and travel expenses \n(1) Compensation \n(A) Chairman \nThe chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay in effect for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day during which the chairman is engaged in the actual performance of the duties of the Board. (B) Members \nEach member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board. (2) Travel expenses \nMembers of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (j) Staff \n(1) Appointment and compensation \nThe Chairman, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Detailees \nAny Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption. (3) Consultant services \nThe Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. (k) Security clearances \nThe appropriate Federal executive departments and agencies shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (l) Treatment as agency, not as advisory Committee \nThe Board— (1) is an agency (as defined in section 551(1) of title 5, United States Code); and (2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). (m) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this section.", "id": "HADD7364A2A0F427493C6E3324932B152", "header": "Privacy and Civil Liberties Oversight Board" }, { "text": "231. Short title \nThis subtitle may be cited as the Homeland Security Civil Rights and Civil Liberties Protection Act of 2004.", "id": "H1DE6DB72896F4C6487AF3C7873B73EA9", "header": "Short title" }, { "text": "232. Mission of Department of Homeland Security \nSection 101(b)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 111(b)(1) ) is amended— (1) in subparagraph (F), by striking and after the semicolon; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following: (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and.", "id": "H5F6592C0A6CA44308412598C7734E5B7", "header": "Mission of Department of Homeland Security" }, { "text": "233. Officer for Civil Rights and Civil Liberties \nSection 705(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 345(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting report directly to the Secretary and shall after who shall ; (2) in paragraph (1)– (A) by striking alleging and inserting concerning ; (B) by striking racial and ethnic ; (C) by inserting on the basis of race, ethnicity, or religion, after profiling ; and (D) by striking and after the semicolon at the end; (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities; (4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department; (5) coordinate with the official appointed under section 222 to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports regarding such programs, policies, and procedures; and (6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General..", "id": "H25D95DBA7A684E6B9729F2A131E2C939", "header": "Officer for Civil Rights and Civil Liberties" }, { "text": "234. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation and functions of senior official \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after section 812 the following: 813. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation of senior official \nThe Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). (b) Functions \nThe senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; (2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; (5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; (7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; (8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.. (b) Clerical amendment \nThe table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 812 the following: Sec. 813. Protection of civil rights and civil liberties by Office of Inspector General.", "id": "HE554AC0C933742BF87932E2E91C9897B", "header": "Protection of civil rights and civil liberties by Office of Inspector General" }, { "text": "813. Protection of civil rights and civil liberties by Office of Inspector General \n(a) Designation of senior official \nThe Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General who is a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in subsection (b). (b) Functions \nThe senior official designated under subsection (a) shall–— (1) coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; (2) receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (3) initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department of Homeland Security or by employees or officials of independent contractors or grantees of the Department; (4) ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; (5) consult with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security regarding— (A) alleged abuses of civil rights or civil liberties; and (B) any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; (6) provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; (7) refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; (8) ensure that the Office of the Inspector General publicizes and provides convenient public access to information regarding— (A) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and (B) the status of investigations initiated in response to public complaints; and (9) inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.", "id": "HE75F2BD6CB8D4E0D98A706193F3ECE5E", "header": "Protection of civil rights and civil liberties by Office of Inspector General" }, { "text": "235. Privacy officer \nSection 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142 ) is amended— (1) in the matter preceding paragraph (1), by inserting , who shall report directly to the Secretary, after in the Department ; (2) in paragraph (4), by striking and after the semicolon at the end; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: (5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) the Congress receives appropriate reports on such programs, policies, and procedures; and.", "id": "H4AF4B7F7C7BA4BE78661BFB95033ABE", "header": "Privacy officer" }, { "text": "241. Role of Pakistan in countering terrorism \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The Government of Pakistan has a critical role to perform in the struggle against Islamist terrorism. (2) The endemic poverty, widespread corruption, and frequent ineffectiveness of government in Pakistan create opportunities for Islamist recruitment. (3) The poor quality of education in Pakistan is particularly worrying, as millions of families send their children to madrassahs, some of which have been used as incubators for violent extremism. (4) The vast unpoliced regions in Pakistan make the country attractive to extremists seeking refuge and recruits and also provide a base for operations against coalition forces in Afghanistan. (5) A stable Pakistan, with a government advocating enlightened moderation in the Muslim world, is critical to stability in the region. (6) There is a widespread belief among the people of Pakistan that the United States has long treated them as allies of convenience. (b) Sense of Congress \nIt is the sense of Congress that— (1) the United States should make a long-term commitment to assisting in ensuring a promising, stable, and secure future in Pakistan, as long as its leaders remain committed to combatting extremists and implementing a strategy of enlightened moderation ; (2) the United States aid to Pakistan should be fulsome and, at a minimum, sustained at the fiscal year 2004 levels; (3) the United States should support the Government of Pakistan with a comprehensive effort that extends from military aid to support for better education; and (4) the United States Government should devote particular attention and resources to assisting in the improvement of the quality of education in Pakistan. (c) Report on support for Pakistan \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the efforts of the United States Government to support Pakistan and encourage moderation in that country. (2) Content \nThe report required under this section shall include the following: (A) An examination of the desirability of establishing a Pakistan Education Fund to direct resources toward improving the quality of secondary schools in Pakistan. (B) Recommendations on the funding necessary to provide various levels of educational support. (C) An examination of the current composition and levels of United States military aid to Pakistan, together with any recommendations for changes in such levels and composition that the President considers appropriate. (D) An examination of other major types of United States financial support to Pakistan, together with any recommendations for changes in the levels and composition of such support that the President considers appropriate.", "id": "HE1606E3FEABF4A0293BFD9BFFB43A363", "header": "Role of Pakistan in countering terrorism" }, { "text": "242. Aid to Afghanistan \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) The United States and its allies in the international community have made progress in promoting economic and political reform within Afghanistan, including the establishment of a central government with a democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of the standard of living of many Afghans. (2) A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon— (A) improving security throughout the country; (B) disarming and demobilizing militias; (C) curtailing the rule of the warlords; (D) promoting equitable economic development; (E) protecting the human rights of the people of Afghanistan; (F) holding elections for public office; and (G) ending the cultivation and trafficking of narcotics. (3) The United States and the international community must make a long-term commitment to addressing the deteriorating security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for international terrorism. (b) Policy \nIt shall be the policy of the United States to take the following actions with respect to Afghanistan: (1) Working with other nations to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act of 2002 ( 22 U.S.C. 7501 et seq. ), especially to ensure a secure, democratic, and prosperous Afghanistan that respects the rights of its citizens and is free of international terrorist organizations. (2) Using the voice and vote of the United States in relevant international organizations, including the North Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the country. (3) Taking appropriate steps to increase the assistance provided under programs of the Department of State and the United States Agency for International Development throughout Afghanistan and to increase the number of personnel of those agencies in Afghanistan as necessary to support the increased assistance. (c) Authorization of appropriations \n(1) Fiscal year 2005 \nThere are authorized to be appropriated to the President for fiscal year 2005 for assistance for Afghanistan, in addition to any amounts otherwise available for the following purposes, the following amounts: (A) For Development Assistance to carry out the provisions of sections 103, 105, and 106 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a , 2151c, and 2151d), $400,000,000. (B) For the Child Survival and Health Program Fund to carry out the provisions of section 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b ), $100,000,000. (C) For the Economic Support Fund to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. ), $550,000,000. (D) For International Narcotics and Law Enforcement to carry out the provisions of section 481 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291 ), $360,000,000. (E) For Nonproliferation, Anti-Terrorism, Demining, and Related Programs, $50,000,000. (F) For International Military Education and Training to carry out the provisions of section 541 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 ), $2,000,000. (G) For Foreign Military Financing Program grants to carry of the provision of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), $880,000,000. (H) For Peacekeeping Operations to carry out the provisions of section 551 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2348 ), $60,000,000. (2) Fiscal years 2006 through 2009 \nThere are authorized to be appropriated to the President for each of fiscal years 2006 through 2009 such sums as may be necessary for financial and other assistance to Afghanistan. (3) Conditions for assistance \nAssistance provided by the President under this subsection— (A) shall be consistent with the Afghanistan Freedom Support Act of 2002; and (B) shall be provided with reference to the Securing Afghanistan’s Future document published by the Government of Afghanistan. (d) Sense of Congress \nIt is the sense of Congress that Congress should, in consultation with the President, update and revise, as appropriate, the Afghanistan Freedom Support Act of 2002. (e) Strategy and support regarding United States aid to Afghanistan \n(1) Requirement for strategy \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a 5-year strategy for providing aid to Afghanistan. (2) Content \nThe strategy required under paragraph (1) shall describe the resources that will be needed during the next 5 years to achieve specific objectives in Afghanistan, including in the following areas: (A) Fostering economic development. (B) Curtailing the cultivation of opium. (C) Achieving internal security and stability. (D) Eliminating terrorist sanctuaries. (E) Increasing governmental capabilities. (F) Improving essential infrastructure and public services. (G) Improving public health services. (H) Establishing a broad-based educational system. (I) Promoting democracy and the rule of law. (J) Building national police and military forces. (3) Updates \nBeginning not later than 1 year after the strategy is submitted to Congress under paragraph (1), the President shall submit to Congress an annual report— (A) updating the progress made toward achieving the goals outlined in the strategy under this subsection; and (B) identifying shortfalls in meeting those goals and the resources needed to fully achieve them.", "id": "H01D505CAD2F442898EE50823EF052FCD", "header": "Aid to Afghanistan" }, { "text": "243. The United States-Saudi Arabia relationship \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Despite a long history of friendly relations with the United States, Saudi Arabia has been a problematic ally in combating Islamic extremism. (2) Cooperation between the Governments of the United States and Saudi Arabia has traditionally been carried out in private. (3) The Government of Saudi Arabia has not always responded promptly and fully to United States requests for assistance in the global war on Islamist terrorism. (4) Counterterrorism cooperation between the Governments of the United States and Saudi Arabia has improved significantly since the terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003. (5) The Government of Saudi Arabia is now aggressively pursuing al Qaeda and appears to be acting to build a domestic consensus for some internal reforms. (b) Sense of Congress \nIt is the sense of Congress that— (1) the problems in the relationship between the United States and Saudi Arabia must be confronted openly, and the opportunities for cooperation between the countries must be pursued openly by those governments; (2) both governments must build a relationship that they can publicly defend and that is based on other national interests in addition to their national interests in oil; (3) this relationship should include a shared commitment to political and economic reform in Saudi Arabia; and (4) this relationship should also include a shared interest in greater tolerance and respect for other cultures in Saudi Arabia and a commitment to fight the violent extremists who foment hatred in the Middle East. (c) Report \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a strategy for expanding collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance to the United States. (2) Scope \nAs part of this strategy, the President shall consider the utility of undertaking a periodic, formal, and visible high-level dialogue between senior United States Government officials of cabinet level or higher rank and their counterparts in the Government of Saudi Arabia to address challenges in the relationship between the 2 governments and to identify areas and mechanisms for cooperation. (3) Content \nThe strategy under this subsection shall encompass— (A) intelligence and security cooperation in the fight against Islamist terrorism; (B) ways to advance the Middle East peace process; (C) political and economic reform in Saudi Arabia and throughout the Middle East; and (D) the promotion of greater tolerance and respect for cultural and religious diversity in Saudi Arabia and throughout the Middle East.", "id": "H5027F6C67CFF46A2AE0036D286357818", "header": "The United States-Saudi Arabia relationship" }, { "text": "244. Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) While support for the United States has plummeted in the Islamic world, many negative views are uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures. (2) Local newspapers in Islamic countries and influential broadcasters who reach Islamic audiences through satellite television often reinforce the idea that the people and Government of the United States are anti-Muslim. (b) Sense of Congress \nIt is the sense of Congress that— (1) the Government of the United States should offer an example of moral leadership in the world that includes a commitment to treat all people humanely, abide by the rule of law, and be generous and caring to the people and governments of other countries; (2) the United States should cooperate with governments of Islamic countries to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better future that includes stressing life over death, individual educational and economic opportunity, widespread political participation, contempt for indiscriminate violence, respect for the rule of law, openness in discussing differences, and tolerance for opposing points of view; (3) the United States should encourage reform, freedom, democracy, and opportunity for Arabs and Muslims and promote moderation in the Islamic world; and (4) the United States should work to defeat extremist ideology in the Islamic world by providing assistance to moderate Arabs and Muslims to combat extremist ideas. (c) Report on the struggle of ideas in the Islamic world \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that contains a cohesive long-term strategy for the United States Government to help win the struggle of ideas in the Islamic world. (2) Content \nThe report required under this section shall include the following: (A) A description of specific goals related to winning this struggle of ideas. (B) A description of the range of tools available to the United States Government to accomplish these goals and the manner in which such tools will be employed. (C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of these goals. (D) A description of any additional resources that may be necessary to help win this struggle of ideas. (E) Any recommendations for the creation of, and United States participation in, international institutions for the promotion of democracy and economic diversification in the Islamic world, and intra-regional trade in the Middle East. (F) An estimate of the level of United States financial assistance that would be sufficient to convince United States allies and people in the Islamic world that engaging in the struggle of ideas in the Islamic world is a top priority of the United States and that the United States intends to make a substantial and sustained commitment toward winning this struggle.", "id": "HF5ACF2F5BED44F04936D4FC1047FCD66", "header": "Efforts to combat Islamic terrorism by engaging in the struggle of ideas in the Islamic world" }, { "text": "245. United States policy toward dictatorships \n(a) Finding \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that short-term gains enjoyed by the United States through cooperation with the world’s most repressive and brutal governments are too often outweighed by long-term setbacks for the stature and interests of the United States. (b) Sense of Congress \nIt is the sense of Congress that— (1) United States foreign policy should promote the value of life and the importance of individual educational and economic opportunity, encourage widespread political participation, condemn indiscriminate violence, and promote respect for the rule of law, openness in discussing differences among people, and tolerance for opposing points of view; and (2) the United States Government must prevail upon the governments of all predominantly Muslim countries, including those that are friends and allies of the United States, to condemn indiscriminate violence, promote the value of life, respect and promote the principles of individual education and economic opportunity, encourage widespread political participation, and promote the rule of law, openness in discussing differences among people, and tolerance for opposing points of view.", "id": "H2117044193904D66BBEB4EF6D8F46755", "header": "United States policy toward dictatorships" }, { "text": "246. Promotion of United States values through broadcast media \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is not always clearly presented in the Islamic world. (2) If the United States does not act to vigorously define its message in the Islamic world, the image of the United States will be defined by Islamic extremists who seek to demonize the United States. (3) Recognizing that many Arab and Muslim audiences rely on satellite television and radio, the United States Government has launched promising initiatives in television and radio broadcasting to the Arab world, Iran, and Afghanistan. (b) Sense of Congress \nIt is the sense of Congress that— (1) the United States must do more to defend and promote its values and ideals to the broadest possible audience in the Islamic world; (2) United States efforts to defend and promote these values and ideals are beginning to ensure that accurate expressions of these values reach large audiences in the Islamic world and should be robustly supported; (3) the United States Government could and should do more to engage the Muslim world in the struggle of ideas; and (4) the United States Government should more intensively employ existing broadcast media in the Islamic world as part of this engagement. (c) Report on outreach strategy \n(1) Report required \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the strategy of the United States Government for expanding its outreach to foreign Muslim audiences through broadcast media. (2) Content \nThe report shall include the following: (A) The initiatives of the Broadcasting Board of Governors and the public diplomacy activities of the Department of State with respect to outreach to foreign Muslim audiences. (B) An outline of recommended actions that the United States Government should take to more regularly and comprehensively present a United States point of view through indigenous broadcast media in countries with sizable Muslim populations, including increasing appearances by United States Government officials, experts, and citizens. (C) An assessment of potential incentives for, and costs associated with, encouraging United States broadcasters to dub or subtitle into Arabic and other relevant languages their news and public affairs programs broadcast in the Muslim world in order to present those programs to a much broader Muslim audience than is currently reached. (D) Any recommendations the President may have for additional funding and legislation necessary to achieve the objectives of the strategy. (d) Authorizations of appropriations \nThere are authorized to be appropriated to the President to carry out United States Government broadcasting activities under the United States Information and Educational Exchange Act of 1948 ( 22 U.S.C. 1431 et seq. ), the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ), and the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6501 et seq. ), and to carry out other activities under this section consistent with the purposes of such Acts, the following amounts: (1) International Broadcasting Operations \nFor International Broadcasting Operations— (A) $717,160,000 for fiscal year 2005; and (B) such sums as may be necessary for each of the fiscal years 2006 through 2009. (2) Broadcasting Capital Improvements \nFor Broadcasting Capital Improvements— (A) $11,040,000 for fiscal year 2005; and (B) such sums as may be necessary for each of the fiscal years 2006 through 2009.", "id": "HDD77A7AD05FC40DEB20042E7FE4A32C", "header": "Promotion of United States values through broadcast media" }, { "text": "247. Use of United States scholarship and exchange programs in the Islamic world \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Exchange, scholarship, and library programs are effective ways for the United States Government to promote internationally the values and ideals of the United States. (2) Exchange, scholarship, and library programs can expose young people from other countries to United States values and offer them knowledge and hope. (b) Sense of Congress \nIt is the sense of Congress that the United States should expand its exchange, scholarship, and library programs, especially those that benefit people in the Arab and Muslim worlds. (c) Definitions \nIn this section: (1) Eligible country \nThe term eligible country means a country or entity in Africa, the Middle East, Central Asia, South Asia, or Southeast Asia that— (A) has a sizable Muslim population; and (B) is designated by the Secretary of State as eligible to participate in programs under this section. (2) Secretary \nExcept as otherwise specifically provided, the term Secretary means the Secretary of State. (3) United States entity \nThe term United States entity means an entity that is organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or any other territory or possession of the United States. (4) United States sponsoring organization \nThe term United States sponsoring organization means a nongovernmental organization that is— (A) based in the United States; and (B) controlled by a citizen of the United States or a United States entity that is designated by the Secretary, pursuant to regulations, to carry out a program authorized by subsection (e). (d) Expansion of educational and cultural exchanges \n(1) Purpose \nThe purpose of this subsection is to provide for the expansion of international educational and cultural exchange programs between the United States and eligible countries. (2) Specific programs \nIn carrying out this subsection, the Secretary is authorized to conduct or initiate programs in eligible countries as follows: (A) Fulbright exchange program \n(i) Increased number of awards \nThe Secretary is authorized to substantially increase the number of awards under the J. William Fulbright Educational Exchange Program. (ii) International support for fulbright program \nThe Secretary shall work to increase support for the J. William Fulbright Educational Exchange Program in eligible countries in order to enhance academic and scholarly exchanges with those countries. (B) Hubert H. Humphrey Fellowships \nThe Secretary is authorized to substantially increase the number of Hubert H. Humphrey Fellowships awarded to candidates from eligible countries. (C) Sister institutions programs \nThe Secretary is authorized to facilitate the establishment of sister institution programs between cities and municipalities and other institutions in the United States and in eligible countries in order to enhance mutual understanding at the community level. (D) Library training exchanges \nThe Secretary is authorized to develop a demonstration program, including training in the library sciences, to assist governments in eligible countries to establish or upgrade the public library systems of such countries for the purpose of improving literacy. (E) International Visitors Program \nThe Secretary is authorized to expand the number of participants from eligible countries in the International Visitors Program. (F) Youth ambassadors \n(i) In general \nThe Secretary is authorized to establish a youth ambassadors program for visits by middle and secondary school students from eligible countries to the United States to participate in activities, including cultural and educational activities, that are designed to familiarize participating students with United States society and values. (ii) Visits \nThe visits of students who are participating in the youth ambassador program under clause (i) shall be scheduled during the school holidays in the home countries of the students and may not exceed 4 weeks. (iii) Criteria \nStudents selected to participate in the youth ambassador program shall reflect the economic and geographic diversity of eligible countries. (G) Education reform \nThe Secretary is authorized— (i) to expand programs that seek to improve the quality of primary and secondary school systems in eligible countries; and (ii) in order to foster understanding of the United States, to promote civic education through teacher exchanges, teacher training, textbook modernization, and other efforts. (H) Promotion of religious FREEDOM \nThe Secretary is authorized to establish a program to promote dialogue and exchange among leaders and scholars of all faiths from the United States and eligible countries. (I) Bridging the digital divide \nThe Secretary is authorized to establish a program to help foster access to information technology among underserved populations and by civil society groups in eligible countries. (J) People-to-people diplomacy \nThe Secretary is authorized to expand efforts to promote United States public diplomacy interests in eligible countries through cultural, arts, entertainment, sports and other exchanges. (K) College scholarships \n(i) In general \nThe Secretary is authorized to establish a program to offer scholarships to permit individuals to attend eligible colleges and universities. (ii) Eligibility for program \nTo be eligible for the scholarship program, an individual shall be a citizen or resident of an eligible country who has graduated from a secondary school in an eligible country. (iii) Eligible college or university defined \nIn this subparagraph, the term eligible college or university means a college or university that is organized under the laws of the United States, a State, or the District of Columbia, accredited by an accrediting agency recognized by the Secretary of Education, and primarily located in, but not controlled by, an eligible country. (L) Language training program \nThe Secretary is authorized to provide travel and subsistence funding for students who are United States citizens to travel to eligible countries to participate in immersion training programs in languages used in such countries and to develop regulations governing the provision of such funding. (e) Secondary school exchange program \n(1) In general \nThe Secretary is authorized to establish an international exchange visitor program, modeled on the Future Leaders Exchange Program established under the FREEDOM Support Act ( 22 U.S.C. 5801 et seq. ), for eligible students to— (A) attend public secondary school in the United States; (B) live with a host family in the United States; and (C) participate in activities designed to promote a greater understanding of United States and Islamic values and culture. (2) Eligible student defined \nIn this subsection, the term eligible student means an individual who— (A) is a national of an eligible country; (B) is at least 15 years of age but not more than 18 years and 6 months of age at the time of enrollment in the program; (C) is enrolled in a secondary school in an eligible country; (D) has completed not more than 11 years of primary and secondary education, exclusive of kindergarten; (E) demonstrates maturity, good character, and scholastic aptitude, and has the proficiency in the English language necessary to participate in the program; (F) has not previously participated in an exchange program in the United States sponsored by the Government of the United States; and (G) is not prohibited from entering the United States under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or any other provision of law related to immigration and nationality. (3) Compliance with visa requirements \nAn eligible student may not participate in the exchange visitor program authorized by paragraph (1) unless the eligible student has the status of nonimmigrant under section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ). (4) Broad participation \nWhenever appropriate, the Secretary shall make special provisions to ensure the broadest possible participation in the exchange visitor program authorized by paragraph (1), particularly among females and less advantaged citizens of eligible countries. (5) Designated exchange visitor program \nThe exchange visitor program authorized by paragraph (1) shall be a designated exchange visitor program for the purposes of section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372 ). (6) Regular reporting to the Secretary \nIf the Secretary utilizes a United States sponsoring organization to carry out the exchange visitor program authorized by paragraph (1), such United States sponsoring organization shall report regularly to the Secretary on the progress it has made to implement such program. (f) Report on expediting visas for participants in exchange, scholarship, and visitors programs \n(1) Requirement \nNot later than 180 days after the date of the enactment of this Act, the Secretary and the Secretary of Homeland Security shall submit to Congress a report on expediting the issuance of visas to individuals who are entering the United States for the purpose of participating in a scholarship, exchange, or visitor program authorized in subsection (d) or (e) without compromising the security of the United States. (2) Recommendations \nThe report required by paragraph (1) shall include— (A) the recommendations of the Secretary and the Secretary of Homeland Security, if any, for methods to expedite the processing of requests for such visas; and (B) a proposed schedule for implementing any recommendations described in subparagraph (A). (g) Authorization of appropriations \nOf the amounts authorized to be appropriated for educational and cultural exchange programs for fiscal year 2005, there is authorized to be appropriated to the Department of State $60,000,000 to carry out programs under this section.", "id": "HD4BFDA9108FF41D9A044F63F67050019", "header": "Use of United States scholarship and exchange programs in the Islamic world" }, { "text": "248. International Youth Opportunity Fund \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs is a key element in any global strategy to eliminate Islamist terrorism. (2) Education in the Middle East about the world outside that region is weak. (3) The United Nations has rightly equated literacy with freedom. (4) The international community is moving toward setting a concrete goal of reducing by half the illiteracy rate in the Middle East by 2010, through the implementation of education programs targeting women and girls and programs for adult literacy, and by other means. (5) To be effective, the effort to improve education in the Middle East must also include— (A) support for the provision of basic education tools, such as textbooks that translate more of the world’s knowledge into local languages and local libraries to house such materials; and (B) more vocational education in trades and business skills. (6) The Middle East can benefit from some of the same programs to bridge the digital divide that already have been developed for other regions of the world. (b) International Youth Opportunity Fund \n(1) Establishment \n(A) In general \nThe President shall establish an International Youth Opportunity Fund (hereafter in this section referred to as the Fund ). (B) International participation \nThe President shall seek the cooperation of the international community in establishing and generously supporting the Fund. (2) Purpose \nThe purpose of the Fund shall be to provide financial assistance for the improvement of public education in the Middle East, including assistance for the construction and operation of primary and secondary schools in countries that have a sizable Muslim population and that commit to sensibly investing their own financial resources in public education. (3) Eligibility for assistance \n(A) Determination \nThe Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall determine which countries are eligible for assistance through the Fund. (B) Criteria \nIn determining whether a country is eligible for assistance, the Secretary shall consider whether the government of that country is sensibly investing financial resources in public education and is committed to promoting a system of education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs. (4) Use of funds \nFinancial assistance provided through the Fund shall be used for expanding literacy programs, providing textbooks, reducing the digital divide, expanding vocational and business education, constructing and operating public schools, establishing local libraries, training teachers in modern education techniques, and promoting public education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs. (c) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly prepare and submit to Congress a report on the improvement of education in the Middle East. (2) Content \nReports submitted under this subsection shall include the following: (A) A general strategy for working with eligible host governments in the Middle East toward establishing the International Youth Opportunity Fund and related programs. (B) A listing of countries that are eligible for assistance under such programs. (C) A description of the specific programs initiated in each eligible country and the amount expended in support of such programs. (D) A description of activities undertaken to close the digital divide and expand vocational and business skills in eligible countries. (E) A listing of activities that could be undertaken if additional funding were provided and the amount of funding that would be necessary to carry out such activities. (F) A strategy for garnering programmatic and financial support from international organizations and other countries in support of the Fund and activities related to the improvement of public education in eligible countries. (d) Authorization of appropriations \nThere are authorized to be appropriated to the President for the establishment of the International Youth Opportunity Fund, in addition to any amounts otherwise available for such purpose, $40,000,000 for fiscal year 2005 and such sums as may be necessary for fiscal years 2006 through 2009.", "id": "H1C3488C296BB4E32AA66DBF75500D7BD", "header": "International Youth Opportunity Fund" }, { "text": "249. Report on the use of economic policies to combat terrorism \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic policies and repressive political regimes. (2) Policies that support economic development and reform also have political implications, as economic and political liberties are often linked. (3) The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free trade agreement with Bahrain, and free trade agreements exist between the United States and Israel and the United States and Jordan. (4) Existing and proposed free trade agreements between the United States and Islamic countries are drawing interest from other countries in the Middle East region, and Islamic countries can become full participants in the rules-based global trading system, as the United States considers lowering its barriers to trade with the poorest Arab countries. (b) Sense of Congress \nIt is the sense of Congress that— (1) a comprehensive United States strategy to counter terrorism should include economic policies that encourage development, open societies, and opportunities for people to improve the lives of their families and to enhance prospects for their children’s future; (2) 1 element of such a strategy should encompass the lowering of trade barriers with the poorest countries that have a significant population of Arab or Muslim individuals; (3) another element of such a strategy should encompass United States efforts to promote economic reform in countries that have a significant population of Arab or Muslim individuals, including efforts to integrate such countries into the global trading system; and (4) given the importance of the rule of law in promoting economic development and attracting investment, the United States should devote an increased proportion of its assistance to countries in the Middle East to the promotion of the rule of law. (c) Report \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the efforts of the United States Government to encourage development and promote economic reform in countries that have a significant population of Arab or Muslim individuals. (2) Content \nThe report required under this subsection shall describe— (A) efforts to integrate countries with significant populations of Arab or Muslim individuals into the global trading system; and (B) actions that the United States Government, acting alone and in partnership with other governments in the Middle East, can take to promote intra-regional trade and the rule of law in the region.", "id": "HCEE272F4716E46B49C40D9BE4E988465", "header": "Report on the use of economic policies to combat terrorism" }, { "text": "250. Middle East Partnership Initiative \n(a) Authorization of appropriations \nThere is authorized to be appropriated for fiscal year 2005 $200,000,000 for the Middle East Partnership Initiative. (b) Sense of Congress \nIt is the sense of Congress that, given the importance of the rule of law and economic reform to development in the Middle East, a significant portion of the funds authorized to be appropriated under subsection (a) should be made available to promote the rule of law in the Middle East.", "id": "H8C286D7C37C24E9BB48F5309D0C449C0", "header": "Middle East Partnership Initiative" }, { "text": "251. Comprehensive coalition strategy for fighting terrorism \n(a) Findings \nConsistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) Almost every aspect of the counterterrorism strategy of the United States relies on international cooperation. (2) Since September 11, 2001, the number and scope of United States Government contacts with foreign governments concerning counterterrorism have expanded significantly, but such contacts have often been ad hoc and not integrated as a comprehensive and unified approach. (b) International contact group on counterterrorism \n(1) Sense of Congress \nIt is the sense of Congress that the President— (A) should seek to engage the leaders of the governments of other countries in a process of advancing beyond separate and uncoordinated national counterterrorism strategies to develop with those other governments a comprehensive coalition strategy to fight Islamist terrorism; and (B) to that end, should seek to establish an international counterterrorism policy contact group with the leaders of governments providing leadership in global counterterrorism efforts and governments of countries with sizable Muslim populations, to be used as a ready and flexible international means for discussing and coordinating the development of important counterterrorism policies by the participating governments. (2) Authority \nThe President is authorized to establish an international counterterrorism policy contact group with the leaders of governments referred to in paragraph (1) for purposes as follows: (A) To develop in common with such other countries important policies and a strategy that address the various components of international prosecution of the war on terrorism, including policies and a strategy that address military issues, law enforcement, the collection, analysis, and dissemination of intelligence, issues relating to interdiction of travel by terrorists, counterterrorism-related customs issues, financial issues, and issues relating to terrorist sanctuaries. (B) To address, to the extent (if any) that the President and leaders of other participating governments determine appropriate, such long-term issues as economic and political reforms that can contribute to strengthening stability and security in the Middle East.", "id": "H20074274B15A4BB8BA1C61003848ADC8", "header": "Comprehensive coalition strategy for fighting terrorism" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Recognition of Physician Assistants and Nurse Practitioners in the Federal Workers’ Compensation Act.", "id": "H0DFCC5B21B0943830092278DDFEC7BC3", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) Medical services and supplies provided by physician assistants (PAs) and nurse practitioners (NPs) are not included in the definition of medical, surgical, and hospital services and supplies, in the Federal Employees’ Compensation Act ( 5 U.S.C. 8101 et seq. ), PAs and NPs are not included in the definition of physician in such Act, and claims signed by PAs and NPs have been denied by the Office of Workers’ Compensation Programs of the Department of Labor. (2) In some rural areas where PAs and NPs are the only full-time providers of care, injured Federal workers may have to travel more than 100 miles to receive care that is reimbursable. (3) In some cases, Federal workers have been advised to use hospital emergency rooms for non-emergency care, rather than receiving care after-hours at local clinics where PAs or NPs are the only health care professionals on-site. (4) PAs and NPs are legally regulated in all fifty States, the District of Columbia, and Guam. Forty-eight States, the District of Columbia, and Guam authorize physicians to delegate prescriptive privileges to the PAs they supervise, and forty-nine States, the District of Columbia, and Guam authorize NPs to prescribe medications under their own signature. (5) PAs and NPs work in virtually every area of medicine and surgery and are covered providers within Medicare, Tri-Care, and most private insurance plans. PAs and NPs are also employed by the Federal Government to provide medical care, including by the Department of Veterans Affairs, the Department of Defense, and the Public and Indian Health Services. (6) Amending the Federal Employees’ Compensation Act to recognize PAs and NPs as covered providers will bring this Act in line with the overwhelming majority of State workers’ compensation programs, which recognize PAs and NPs as covered providers. (7) The exclusion of PAs and NPs from the category of covered providers under the Federal Employees’ Compensation Act limits patients’ access to medical care, services, and supplies, disrupts continuity of care, and creates unnecessary costs for the Office of Workers’ Compensation Programs.", "id": "HACBA1D2A21BA47B498EDA158B4C34E0", "header": "Findings" }, { "text": "3. Inclusion of physician assistants and nurse practitioners in Federal Employees’ Compensation Act \n(a) Inclusion \nSection 8101 of title 5, United States Code, is amended— (1) in paragraph (2), by inserting after chiropractors, the following: physician assistants, nurse practitioners, ; and (2) in paragraph (3), by inserting after chiropractors, the following: physician assistants, nurse practitioners,. (b) Effective date \nThe amendment made by this section shall apply beginning on the first day of the first Federal fiscal year quarter that begins on or after the date of the enactment of this Act.", "id": "HAE3D62E6464D46A100B3EEBB671FD42", "header": "Inclusion of physician assistants and nurse practitioners in Federal Employees’ Compensation Act" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Samaritan Initiative Act of 2004.", "id": "H748C9F4B7AE545229888D7D215D039D6", "header": "Short title" }, { "text": "2. Samaritan initiative \nTitle IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11136 et seq. ) is amended by adding at the end the following new subtitle: H Samaritan Initiative \n495. Purpose \nThe purpose of the Samaritan Initiative is to authorize competitive grants for coordinated comprehensive housing, treatment, and support services to chronically homeless persons to accomplish the following objectives: (1) To reduce the prevalence of chronic homelessness. (2) To support promising strategies to move chronically homeless persons in urban and rural communities from the streets to safe, permanent housing. (3) To provide for integrated systems of services to improve the effectiveness of programs serving chronically homeless persons. (4) To promote self-sufficiency and recovery among chronically homeless persons. (5) To encourage programs serving chronically homeless persons to promote access to Federal, State, and local non-homeless specific programs of assistance for which such persons are eligible. 495A. Grant authority and administration \n(a) In general \nThe participating Federal agencies shall enter into an agreement among the agencies to make and administer competitive grants to eligible entities, including faith-based and community-based organizations, in accordance with the provisions of this subtitle for the purpose of providing treatment and support services that are coordinated with housing for chronically homeless persons. (b) Administrative responsibility \n(1) In general \nThe agreement authorized under subsection (a) shall designate the Secretary of Housing and Urban Development as the administering Secretary. (2) Delegations \nNo provision of this subtitle shall be construed as limiting the ability of the participating Federal agencies to delegate, assign, or share administrative responsibilities as the participating Federal agencies may determine to be necessary or appropriate. (c) Coordination among participating federal agencies \nThe administering Secretary shall coordinate with other participating Federal agencies to implement and administer the grant program established under this subtitle. (d) Interagency implementation and monitoring team \nThe participating Federal agencies shall establish an interagency implementation and monitoring team to review and conduct oversight of program grantees under this subtitle. Each participating Federal agency shall appoint appropriate designees to serve on the implementation and monitoring team. (e) Coordination requirements \n(1) In general \nIn carrying out the grant program under this subtitle, the interagency implementation and monitoring team shall establish uniform or coordinated requirements, standards, procedures, and timetables to the maximum extent feasible and appropriate. (2) Applicability \nThe general principle set forth in paragraph (1) shall be implemented by the interagency implementation and monitoring team with respect to— (A) application procedures and grant requirements, including those providing for— (i) a single consolidated application form; and (ii) a single timetable, location, and procedure for filing of a consolidated application; (B) criteria for award of grants; (C) a coordinated process for review and approval or denial of the consolidated application; (D) establishment of performance standards and measures of performance outcomes, including— (i) the requirement that the Secretary of Housing and Urban Development attempt to quantify the reduction in chronic homelessness; and (ii) the requirement that, where applicable, the grantees utilize a Homeless Management Information System; (E) oversight, including monitoring, audits, and evaluations of grantees, and requirements for annual reports by grantees; and (F) other factors that the interagency implementation and monitoring team determines are necessary or appropriate. (3) Performance assessment \n(A) Subject to paragraph (1), the interagency implementation and monitoring team shall establish such performance standards, performance measures, and annual reporting requirements and make such performance reviews and audits as may be necessary or appropriate for the following purposes: (i) To determine whether a grantee has carried out its activities in a timely manner and in accordance with applicable requirements of this subtitle. (ii) To assess the effectiveness of a grantee in accomplishing the objectives of this subtitle. (iii) Other such purposes as the interagency implementation and monitoring team may deem significant with respect to the performance assessment of a grantee. (B) The Secretary of Veterans Affairs may provide program monitoring and evaluation services and staff to participating Federal agencies. In such cases, participating Federal agencies may reimburse such Secretary, as appropriate. (f) Provisions and requirements applicable to grants under this subtitle \n(1) In general \nA grantee under this subtitle shall establish and operate a system of assistance to chronically homeless persons that identifies such persons and provides to such persons access to affordable permanent housing that is coordinated with appropriate treatment and support. (2) Required grantee activities \nA grantee under this subtitle shall carry out, directly or through arrangements with a network of other entities, the following: (A) Housing activities \nEligible activities specified in section 495B(a) that ensure the placement of chronically homeless persons in safe, affordable, permanent housing. (B) Treatment and support activities \nEligible activities specified in section 495C(a) to address the multiple physical health, mental health, and substance abuse treatment needs of chronically homeless persons who are eligible for or residents in housing under section 495B(a). (C) Service coordination \nActivities, including those coordinated with local planning bodies, that promote the access of eligible chronically homeless persons to a range of services that contribute to self-sufficiency, recovery, employment, stability in housing, and access to health care. (D) Administration \nAdministrative and planning activities, including the development and implementation of comprehensive plans for housing and services at the grantee level with costs not to exceed 6 percent of total costs of carrying out the program under this subtitle. (E) Other services \nSuch services and activities as the participating Federal agencies may find necessary and appropriate. (3) Criteria for grant award \nThe criteria for the award of grants under this subtitle shall include the following: (A) The extent to which the applicant demonstrates an understanding of the unique characteristics of chronically homeless persons. (B) The adequacy of the applicant’s approach in addressing the needs of the chronically homeless. (C) The capacity of the applicant to carry out and sustain required activities. (D) Where services are to be provided through a network of entities, the adequacy of the qualifications of such entities and the stated willingness of such entities to collaborate and participate in carrying out proposed activities. (E) The extent to which the applicant has been involved in Federal, State, or local non-homeless specific programs of assistance that could provide additional assistance to eligible chronically homeless persons. (F) The commitment and the demonstrated ability of the applicant to enumerate the reduction in the number of chronically homeless persons. (G) Such additional criteria as the participating Federal agencies may deem significant or necessary with respect to the applicant’s potential success in carrying out the purpose of this subtitle. (4) Initial term of grant \nNotwithstanding any other provision of law, each grant shall be for an initial term of 3 years. (5) Grant renewal \nThe participating Federal agencies may award on a competitive basis a renewal grant under this subtitle for additional 3-year terms, subject to the grantee’s continued qualification for the grant as determined by the participating Federal agencies. The amount of a renewal grant under this paragraph may be up to 50 percent of the cost of the program. (6) Federal matching \n(A) In general \nA grant under this subtitle shall be available to pay the Federal share of the costs incurred by the grantee for activities under this subtitle. (B) Federal share \nFor purposes of subparagraph (A), the Federal share shall be 75 percent of the cost of the program for the first year of the grant, 75 percent for the second year, and 50 percent for each succeeding year, including each year of a renewal grant term under paragraph (5). (C) Non-federal share \nThe non-Federal share of costs incurred by the grantee may be in cash or in-kind, as appropriate. (7) Geographic distribution \nThe participating Federal agencies shall ensure that consideration is given to geographic distribution (such as urban and rural areas) in the awarding of grants under subsection (a). (8) Disclosure \nSection 12(a) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3537a(a) ) shall not apply to this subtitle. (g) Authorization of appropriations \n(1) There are authorized to be appropriated to carry out this subtitle $70,000,000 for fiscal year 2005, of which— (A) $50,000,000 is authorized to be appropriated to the Department of Housing and Urban Development; (B) $10,000,000 is authorized to be appropriated to the Department of Health and Human Services; and (C) Up to $10,000,000 is authorized from the amounts to be appropriated to the Department of Veterans Affairs for treatment of homeless veterans under Medical Care to carry out section 495D. (2) There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006, 2007, and 2008. (h) Authority to consolidate funds \n(1) In general \nFor purposes of carrying out the program under this subtitle, in accordance with the agreement under subsection (a), the participating Federal agencies are authorized to transfer to the administering Secretary funds appropriated for use under this subtitle, and the administering Secretary may receive such funds. (2) Construction \nIn the event that, notwithstanding subsection (g), funds are not appropriated for use in accordance with this subtitle to one or more participating Federal agencies in any fiscal year, paragraph (1) shall not be construed to require a participating Federal agency that has been provided with budget authority pursuant to subsection (g) in a fiscal year to use such budget authority to fund grants for activities that are not in accordance with the primary mission of such participating Federal agency. (i) Technical assistance and support \nIn addition to funds otherwise provided for agency administrative costs, up to 2 percent of amounts appropriated for the activities under this subtitle may be used by the participating Federal agencies for administrative costs, including to— (1) provide technical assistance to applicants and grantees; and (2) provide support and assistance in selecting and assessing projects to carry out the purpose of this subtitle, including any preparation necessary for such selection and assessment. 495B. Housing activities \n(a) Eligible housing activities \nSubject to the provisions of section 495A, a grant under this subtitle shall be used for activities in support of permanent housing for chronically homeless persons, including the following: (1) Provision of housing \n(A) Acquisition \nThe acquisition of occupancy-ready real property. (B) Rehabilitation \nThe minor rehabilitation of real property for housing. (C) Operating costs \nThe costs of operating a housing project, including salaries and benefits, maintenance, insurance, utilities, replacement reserve accounts, and furnishings. (D) Leasing \nLeasing of an existing structure or structures, or portions thereof to provide housing. (E) Housing counseling \nThe costs of counseling and advice services with respect to property maintenance, financial management, and other such matters as may be appropriate to assist chronically homeless persons in obtaining housing. (2) Rental assistance \nProject-based or tenant-based rental assistance for chronically homeless persons, which assistance shall be provided to the extent practicable in the manner provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Other activities \nSuch other activities as the Secretary of Housing and Urban Development determines to be appropriate. (b) Program requirements for housing activities \n(1) Requirements concerning real property \n(A) Use restriction \nEach grantee under this subtitle shall ensure that permanent housing projects for chronically homeless persons that are acquired or rehabilitated with grant amounts under this subtitle are used for such persons for not less than 10 years. (B) Housing quality \nEach grantee under this subtitle shall ensure that housing assisted with grant amounts provided under this subtitle is decent, safe, and sanitary and complies with all applicable State and local housing codes, building codes, and licensing requirements in the jurisdiction in which the housing is located. (C) Prevention of undue benefit \nSubject to the provisions of section 495A(e), the Secretary of Housing and Urban Development may prescribe such terms and conditions as such Secretary considers necessary to prevent grantees from unduly benefiting from the sale or other disposition of projects, other than a sale or other disposition resulting in the use of a project for the direct benefit of chronically homeless persons. (2) Homeless management information system \nEach grantee shall be required to provide such information to the appropriate administrator of the local homeless management information system, as is necessary for the implementation and operation of homeless management information systems. 495C. Treatment and support services \nSubject to the provision of section 495A, a grant under this subtitle shall be used to provide treatment and support services, which may include the following: (1) Primary health services \nPrimary health services, including the following: (A) Physician and other services \nHealth services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and where appropriate, physicians’ assistants, nurse practitioners, and nurse midwives. (B) Diagnostic services \nDiagnostic laboratory and radiological services. (C) Preventive services \nPreventive health services. (D) Emergency services \nEmergency medical services. (E) Access to pharmaceutical services \nAccess to pharmaceutical services. (2) Alcohol and drug abuse services \nServices or activities designed to prevent, deter, reduce, or eliminate substance abuse or addictive behaviors, including a comprehensive range of personal and family counseling methods, early interventions, methadone treatment for opiate abusers, or detoxification for alcohol and other drug abusers, and treatment services such as intake and assessment, behavioral therapy and counseling, clinical and case management, pharmacotherapies, and self-help and peer support activities. (3) Mental health and counseling services \nMental health and counseling services, including services and activities that apply therapeutic processes to personal, family, or situational problems in order to bring about a positive resolution of the problem or improved individual functioning or circumstances, including crisis interventions, individual supportive therapy, and prescription of psychotropic medications or explanations about the use and management of medications. (4) Outreach and engagement \nOutreach services including extending services or help to homeless persons to develop a relationship of trust and engage such persons into appropriate service programs. (5) Information and referral \nServices or activities designed to provide information about services and assistance provided through public and private programs, including Federal, State and local non-homeless targeted programs that provide or financially support the provision of medical, social, educational, or other related services, and a brief assessment of client needs to facilitate appropriate referrals. (6) Case management \nCase management services and activities, including the arrangement, coordination, monitoring, and delivery of services to meet the needs of individuals who are homeless, including individual service plan development, counseling, monitoring, securing and coordinating services. (7) Other services \nSuch other services as the Secretary of Health and Human Services determines appropriate. 495D. Veterans’ benefits \nSubject to the provisions of section 495A, the Secretary of Veterans Affairs is authorized to provide eligible veterans with case management services. 495E. Authority of other federal agencies to participate under this subtitle \nFederal agencies, in addition to the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, may participate under the provisions of this subtitle to the extent funds are appropriated to each agency for purposes of participating under the provisions of this subtitle. 495F. Definitions \nFor purposes of this subtitle, the following definitions shall apply— (1) Administering secretary \nThe term administering Secretary shall mean the Secretary designated as responsible for administration of the grant program under this subtitle by the agreement authorized in section 495A(a). (2) Chronically homeless person \nThe term chronically homeless person means an unaccompanied disabled individual who has been sleeping in one or more places not meant for human habitation or in one or more emergency homeless shelters for over one year or who has had four or more periods of homelessness over three years. (3) Disabled individual \nThe term disabled individual means an individual whose ability to work or perform one or more activities of daily living is limited due to— (A) a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability; or (B) the co-occurrence of two or more of these conditions. (4) Eligible entity \nThe term eligible entity means a State, unit of general local government, public housing agency, local workforce investment board and private nonprofit organization, including a faith-based or community-based organization. (5) Eligible veteran \nThe term eligible veteran means a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. (6) Homeless management information system \nThe term Homeless Management Information System shall mean a computerized data collection application maintained by an eligible entity, that— (A) enumerates the homeless population within the jurisdiction of the eligible entity and the number of homeless individuals that received services from the eligible entity; and (B) captures information on the characteristics and service needs of homeless individuals. (7) Interagency implementation and monitoring team \nThe term interagency implementation and monitoring team shall mean a group of representatives appointed by each participating Federal agency, which shall coordinate among each other in implementing the provisions of this subtitle in accordance with subsection 495A(d) and which shall coordinate the review and oversight of program grantees under this subtitle. (8) Participating federal agency \nThe term participating Federal agency shall mean the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, or any other Federal agency that may receive appropriations for purposes of participating under the provisions of this subtitle. (9) Private nonprofit organization \nThe term private nonprofit organization means a private organization— (A) no part of the net earnings of which inures to benefits of any member, founder, contributor, or individual; (B) that has a voluntary board; and (C) that has an accounting system or a designated fiscal agent in accordance with requirements established by the participating Federal agencies. (10) Public housing agency \nThe term public housing agency has the same meaning as in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) ). (11) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to provisions of this subtitle. (12) Unit of general local government \nThe term unit of general local government means— (A) a city, town, township, county, parish, village, or other general purpose political subdivision of a State; and (B) any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the jurisdiction with regard to provisions of this subtitle..", "id": "H6075EF9A551744AB9312DCF798BC1FD2", "header": "Samaritan initiative" }, { "text": "495. Purpose \nThe purpose of the Samaritan Initiative is to authorize competitive grants for coordinated comprehensive housing, treatment, and support services to chronically homeless persons to accomplish the following objectives: (1) To reduce the prevalence of chronic homelessness. (2) To support promising strategies to move chronically homeless persons in urban and rural communities from the streets to safe, permanent housing. (3) To provide for integrated systems of services to improve the effectiveness of programs serving chronically homeless persons. (4) To promote self-sufficiency and recovery among chronically homeless persons. (5) To encourage programs serving chronically homeless persons to promote access to Federal, State, and local non-homeless specific programs of assistance for which such persons are eligible.", "id": "H651CA4DDE8D8457A00146808CEA05312", "header": "Purpose" }, { "text": "495A. Grant authority and administration \n(a) In general \nThe participating Federal agencies shall enter into an agreement among the agencies to make and administer competitive grants to eligible entities, including faith-based and community-based organizations, in accordance with the provisions of this subtitle for the purpose of providing treatment and support services that are coordinated with housing for chronically homeless persons. (b) Administrative responsibility \n(1) In general \nThe agreement authorized under subsection (a) shall designate the Secretary of Housing and Urban Development as the administering Secretary. (2) Delegations \nNo provision of this subtitle shall be construed as limiting the ability of the participating Federal agencies to delegate, assign, or share administrative responsibilities as the participating Federal agencies may determine to be necessary or appropriate. (c) Coordination among participating federal agencies \nThe administering Secretary shall coordinate with other participating Federal agencies to implement and administer the grant program established under this subtitle. (d) Interagency implementation and monitoring team \nThe participating Federal agencies shall establish an interagency implementation and monitoring team to review and conduct oversight of program grantees under this subtitle. Each participating Federal agency shall appoint appropriate designees to serve on the implementation and monitoring team. (e) Coordination requirements \n(1) In general \nIn carrying out the grant program under this subtitle, the interagency implementation and monitoring team shall establish uniform or coordinated requirements, standards, procedures, and timetables to the maximum extent feasible and appropriate. (2) Applicability \nThe general principle set forth in paragraph (1) shall be implemented by the interagency implementation and monitoring team with respect to— (A) application procedures and grant requirements, including those providing for— (i) a single consolidated application form; and (ii) a single timetable, location, and procedure for filing of a consolidated application; (B) criteria for award of grants; (C) a coordinated process for review and approval or denial of the consolidated application; (D) establishment of performance standards and measures of performance outcomes, including— (i) the requirement that the Secretary of Housing and Urban Development attempt to quantify the reduction in chronic homelessness; and (ii) the requirement that, where applicable, the grantees utilize a Homeless Management Information System; (E) oversight, including monitoring, audits, and evaluations of grantees, and requirements for annual reports by grantees; and (F) other factors that the interagency implementation and monitoring team determines are necessary or appropriate. (3) Performance assessment \n(A) Subject to paragraph (1), the interagency implementation and monitoring team shall establish such performance standards, performance measures, and annual reporting requirements and make such performance reviews and audits as may be necessary or appropriate for the following purposes: (i) To determine whether a grantee has carried out its activities in a timely manner and in accordance with applicable requirements of this subtitle. (ii) To assess the effectiveness of a grantee in accomplishing the objectives of this subtitle. (iii) Other such purposes as the interagency implementation and monitoring team may deem significant with respect to the performance assessment of a grantee. (B) The Secretary of Veterans Affairs may provide program monitoring and evaluation services and staff to participating Federal agencies. In such cases, participating Federal agencies may reimburse such Secretary, as appropriate. (f) Provisions and requirements applicable to grants under this subtitle \n(1) In general \nA grantee under this subtitle shall establish and operate a system of assistance to chronically homeless persons that identifies such persons and provides to such persons access to affordable permanent housing that is coordinated with appropriate treatment and support. (2) Required grantee activities \nA grantee under this subtitle shall carry out, directly or through arrangements with a network of other entities, the following: (A) Housing activities \nEligible activities specified in section 495B(a) that ensure the placement of chronically homeless persons in safe, affordable, permanent housing. (B) Treatment and support activities \nEligible activities specified in section 495C(a) to address the multiple physical health, mental health, and substance abuse treatment needs of chronically homeless persons who are eligible for or residents in housing under section 495B(a). (C) Service coordination \nActivities, including those coordinated with local planning bodies, that promote the access of eligible chronically homeless persons to a range of services that contribute to self-sufficiency, recovery, employment, stability in housing, and access to health care. (D) Administration \nAdministrative and planning activities, including the development and implementation of comprehensive plans for housing and services at the grantee level with costs not to exceed 6 percent of total costs of carrying out the program under this subtitle. (E) Other services \nSuch services and activities as the participating Federal agencies may find necessary and appropriate. (3) Criteria for grant award \nThe criteria for the award of grants under this subtitle shall include the following: (A) The extent to which the applicant demonstrates an understanding of the unique characteristics of chronically homeless persons. (B) The adequacy of the applicant’s approach in addressing the needs of the chronically homeless. (C) The capacity of the applicant to carry out and sustain required activities. (D) Where services are to be provided through a network of entities, the adequacy of the qualifications of such entities and the stated willingness of such entities to collaborate and participate in carrying out proposed activities. (E) The extent to which the applicant has been involved in Federal, State, or local non-homeless specific programs of assistance that could provide additional assistance to eligible chronically homeless persons. (F) The commitment and the demonstrated ability of the applicant to enumerate the reduction in the number of chronically homeless persons. (G) Such additional criteria as the participating Federal agencies may deem significant or necessary with respect to the applicant’s potential success in carrying out the purpose of this subtitle. (4) Initial term of grant \nNotwithstanding any other provision of law, each grant shall be for an initial term of 3 years. (5) Grant renewal \nThe participating Federal agencies may award on a competitive basis a renewal grant under this subtitle for additional 3-year terms, subject to the grantee’s continued qualification for the grant as determined by the participating Federal agencies. The amount of a renewal grant under this paragraph may be up to 50 percent of the cost of the program. (6) Federal matching \n(A) In general \nA grant under this subtitle shall be available to pay the Federal share of the costs incurred by the grantee for activities under this subtitle. (B) Federal share \nFor purposes of subparagraph (A), the Federal share shall be 75 percent of the cost of the program for the first year of the grant, 75 percent for the second year, and 50 percent for each succeeding year, including each year of a renewal grant term under paragraph (5). (C) Non-federal share \nThe non-Federal share of costs incurred by the grantee may be in cash or in-kind, as appropriate. (7) Geographic distribution \nThe participating Federal agencies shall ensure that consideration is given to geographic distribution (such as urban and rural areas) in the awarding of grants under subsection (a). (8) Disclosure \nSection 12(a) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3537a(a) ) shall not apply to this subtitle. (g) Authorization of appropriations \n(1) There are authorized to be appropriated to carry out this subtitle $70,000,000 for fiscal year 2005, of which— (A) $50,000,000 is authorized to be appropriated to the Department of Housing and Urban Development; (B) $10,000,000 is authorized to be appropriated to the Department of Health and Human Services; and (C) Up to $10,000,000 is authorized from the amounts to be appropriated to the Department of Veterans Affairs for treatment of homeless veterans under Medical Care to carry out section 495D. (2) There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2006, 2007, and 2008. (h) Authority to consolidate funds \n(1) In general \nFor purposes of carrying out the program under this subtitle, in accordance with the agreement under subsection (a), the participating Federal agencies are authorized to transfer to the administering Secretary funds appropriated for use under this subtitle, and the administering Secretary may receive such funds. (2) Construction \nIn the event that, notwithstanding subsection (g), funds are not appropriated for use in accordance with this subtitle to one or more participating Federal agencies in any fiscal year, paragraph (1) shall not be construed to require a participating Federal agency that has been provided with budget authority pursuant to subsection (g) in a fiscal year to use such budget authority to fund grants for activities that are not in accordance with the primary mission of such participating Federal agency. (i) Technical assistance and support \nIn addition to funds otherwise provided for agency administrative costs, up to 2 percent of amounts appropriated for the activities under this subtitle may be used by the participating Federal agencies for administrative costs, including to— (1) provide technical assistance to applicants and grantees; and (2) provide support and assistance in selecting and assessing projects to carry out the purpose of this subtitle, including any preparation necessary for such selection and assessment.", "id": "H78AD67818AE2424D869E4F1C6437C1A3", "header": "Grant authority and administration" }, { "text": "495B. Housing activities \n(a) Eligible housing activities \nSubject to the provisions of section 495A, a grant under this subtitle shall be used for activities in support of permanent housing for chronically homeless persons, including the following: (1) Provision of housing \n(A) Acquisition \nThe acquisition of occupancy-ready real property. (B) Rehabilitation \nThe minor rehabilitation of real property for housing. (C) Operating costs \nThe costs of operating a housing project, including salaries and benefits, maintenance, insurance, utilities, replacement reserve accounts, and furnishings. (D) Leasing \nLeasing of an existing structure or structures, or portions thereof to provide housing. (E) Housing counseling \nThe costs of counseling and advice services with respect to property maintenance, financial management, and other such matters as may be appropriate to assist chronically homeless persons in obtaining housing. (2) Rental assistance \nProject-based or tenant-based rental assistance for chronically homeless persons, which assistance shall be provided to the extent practicable in the manner provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Other activities \nSuch other activities as the Secretary of Housing and Urban Development determines to be appropriate. (b) Program requirements for housing activities \n(1) Requirements concerning real property \n(A) Use restriction \nEach grantee under this subtitle shall ensure that permanent housing projects for chronically homeless persons that are acquired or rehabilitated with grant amounts under this subtitle are used for such persons for not less than 10 years. (B) Housing quality \nEach grantee under this subtitle shall ensure that housing assisted with grant amounts provided under this subtitle is decent, safe, and sanitary and complies with all applicable State and local housing codes, building codes, and licensing requirements in the jurisdiction in which the housing is located. (C) Prevention of undue benefit \nSubject to the provisions of section 495A(e), the Secretary of Housing and Urban Development may prescribe such terms and conditions as such Secretary considers necessary to prevent grantees from unduly benefiting from the sale or other disposition of projects, other than a sale or other disposition resulting in the use of a project for the direct benefit of chronically homeless persons. (2) Homeless management information system \nEach grantee shall be required to provide such information to the appropriate administrator of the local homeless management information system, as is necessary for the implementation and operation of homeless management information systems.", "id": "H7079024163DE43159100E9466B9C62ED", "header": "Housing activities" }, { "text": "495C. Treatment and support services \nSubject to the provision of section 495A, a grant under this subtitle shall be used to provide treatment and support services, which may include the following: (1) Primary health services \nPrimary health services, including the following: (A) Physician and other services \nHealth services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and where appropriate, physicians’ assistants, nurse practitioners, and nurse midwives. (B) Diagnostic services \nDiagnostic laboratory and radiological services. (C) Preventive services \nPreventive health services. (D) Emergency services \nEmergency medical services. (E) Access to pharmaceutical services \nAccess to pharmaceutical services. (2) Alcohol and drug abuse services \nServices or activities designed to prevent, deter, reduce, or eliminate substance abuse or addictive behaviors, including a comprehensive range of personal and family counseling methods, early interventions, methadone treatment for opiate abusers, or detoxification for alcohol and other drug abusers, and treatment services such as intake and assessment, behavioral therapy and counseling, clinical and case management, pharmacotherapies, and self-help and peer support activities. (3) Mental health and counseling services \nMental health and counseling services, including services and activities that apply therapeutic processes to personal, family, or situational problems in order to bring about a positive resolution of the problem or improved individual functioning or circumstances, including crisis interventions, individual supportive therapy, and prescription of psychotropic medications or explanations about the use and management of medications. (4) Outreach and engagement \nOutreach services including extending services or help to homeless persons to develop a relationship of trust and engage such persons into appropriate service programs. (5) Information and referral \nServices or activities designed to provide information about services and assistance provided through public and private programs, including Federal, State and local non-homeless targeted programs that provide or financially support the provision of medical, social, educational, or other related services, and a brief assessment of client needs to facilitate appropriate referrals. (6) Case management \nCase management services and activities, including the arrangement, coordination, monitoring, and delivery of services to meet the needs of individuals who are homeless, including individual service plan development, counseling, monitoring, securing and coordinating services. (7) Other services \nSuch other services as the Secretary of Health and Human Services determines appropriate.", "id": "H8C985DD15D7B4C848185CC70E08DA366", "header": "Treatment and support services" }, { "text": "495D. Veterans’ benefits \nSubject to the provisions of section 495A, the Secretary of Veterans Affairs is authorized to provide eligible veterans with case management services.", "id": "HDD20EDB8B8584F9F87BE9A274FD00B7", "header": "Veterans’ benefits" }, { "text": "495E. Authority of other federal agencies to participate under this subtitle \nFederal agencies, in addition to the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, may participate under the provisions of this subtitle to the extent funds are appropriated to each agency for purposes of participating under the provisions of this subtitle.", "id": "HC680F673248F47B49156CA915D822F48", "header": "Authority of other federal agencies to participate under this subtitle" }, { "text": "495F. Definitions \nFor purposes of this subtitle, the following definitions shall apply— (1) Administering secretary \nThe term administering Secretary shall mean the Secretary designated as responsible for administration of the grant program under this subtitle by the agreement authorized in section 495A(a). (2) Chronically homeless person \nThe term chronically homeless person means an unaccompanied disabled individual who has been sleeping in one or more places not meant for human habitation or in one or more emergency homeless shelters for over one year or who has had four or more periods of homelessness over three years. (3) Disabled individual \nThe term disabled individual means an individual whose ability to work or perform one or more activities of daily living is limited due to— (A) a diagnosable substance use disorder, serious mental illness, developmental disability, or chronic physical illness or disability; or (B) the co-occurrence of two or more of these conditions. (4) Eligible entity \nThe term eligible entity means a State, unit of general local government, public housing agency, local workforce investment board and private nonprofit organization, including a faith-based or community-based organization. (5) Eligible veteran \nThe term eligible veteran means a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable. (6) Homeless management information system \nThe term Homeless Management Information System shall mean a computerized data collection application maintained by an eligible entity, that— (A) enumerates the homeless population within the jurisdiction of the eligible entity and the number of homeless individuals that received services from the eligible entity; and (B) captures information on the characteristics and service needs of homeless individuals. (7) Interagency implementation and monitoring team \nThe term interagency implementation and monitoring team shall mean a group of representatives appointed by each participating Federal agency, which shall coordinate among each other in implementing the provisions of this subtitle in accordance with subsection 495A(d) and which shall coordinate the review and oversight of program grantees under this subtitle. (8) Participating federal agency \nThe term participating Federal agency shall mean the Secretaries of Housing and Urban Development, Health and Human Services, and Veterans Affairs, or any other Federal agency that may receive appropriations for purposes of participating under the provisions of this subtitle. (9) Private nonprofit organization \nThe term private nonprofit organization means a private organization— (A) no part of the net earnings of which inures to benefits of any member, founder, contributor, or individual; (B) that has a voluntary board; and (C) that has an accounting system or a designated fiscal agent in accordance with requirements established by the participating Federal agencies. (10) Public housing agency \nThe term public housing agency has the same meaning as in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) ). (11) State \nThe term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to provisions of this subtitle. (12) Unit of general local government \nThe term unit of general local government means— (A) a city, town, township, county, parish, village, or other general purpose political subdivision of a State; and (B) any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the jurisdiction with regard to provisions of this subtitle.", "id": "H6DCCB2400FB34E1F009B807300004656", "header": "Definitions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Northern Mariana Islands Delegate Act.", "id": "H50BC276E72084EA58CB842525661C990", "header": "Short title" }, { "text": "2. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands \nThe Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (approved by Public Law 94–241 ( 48 U.S.C. 1801 et seq. )). The Resident Representative shall be a nonvoting Delegate to the House of Representatives, elected as provided in this Act.", "id": "HFE50FFEB777243E4879BB2098D18E2E4", "header": "Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands" }, { "text": "3. Election of delegate \n(a) Electors and time of election \nThe Delegate shall be elected— (1) by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; and (2) at the Federal general election of 2006 and at such Federal general election every 2d year thereafter. (b) Manner of election \n(1) In General \nThe Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate. (2) Effect of Establishment of Primary Elections \nNotwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held. (c) Vacancy \nIn case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified. (d) Commencement of term \nThe term of the Delegate shall commence on the 3d day of January following the date of the election.", "id": "H4EE01947DB8F4BDD8ED9DAA24CBA3462", "header": "Election of delegate" }, { "text": "4. Qualifications for Office of Delegate \nTo be eligible for the office of Delegate a candidate shall— (1) be at least 25 years of age on the date of the election; (2) have been a citizen of the United States for at least 7 years prior to the date of the election; (3) be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election; (4) be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; and (5) not be, on the date of the election, a candidate for any other office.", "id": "H3FB357D580A34C5995A21D990056091F", "header": "Qualifications for Office of Delegate" }, { "text": "5. Determination of election procedure \nActing pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this Act.", "id": "HD0E3D712C37945EDA9BAE28F37F3B881", "header": "Determination of election procedure" }, { "text": "6. Compensation, privileges, and immunities \nUntil the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives.", "id": "H6A97D5F9BF864B7785EFBB65BCAC80F1", "header": "Compensation, privileges, and immunities" }, { "text": "7. Lack of effect on covenant \nNo provision of this Act shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 2 except section 901 of the covenant.", "id": "H48D14E08F8B5437DB918794CB67F957C", "header": "Lack of effect on covenant" }, { "text": "8. Definition \nFor purposes of this Act, the term Delegate means the Resident Representative referred to in section 2.", "id": "HE76913FB22B7464EB4E58932CF5375D5", "header": "Definition" } ]

[ { "text": "1. Permanent resident status for Jen-Hui Tsai \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jen-Hui Tsai 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 Jen-Hui Tsai 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 Jen-Hui Tsai, 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 Jen-Hui Tsai shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H161709328EC44CC19CFB4439D1C6A51B", "header": "Permanent resident status for Jen-Hui Tsai" } ]

[ { "text": "1. Waiver of certain naturalization requirements for Roger Paul Robert Kozik \n(a) English language requirement \nNotwithstanding his inability to satisfy the requirements of section 312(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a)(1) ), relating to knowledge and understanding of the English language, Roger Paul Robert Kozik shall be deemed eligible for naturalization upon the filing of the appropriate application if otherwise qualified under such Act. (b) Civics requirement \nRoger Paul Robert Kozik may satisfy the requirements of section 312(a)(2) of such Act ( 8 U.S.C. 1423(a)(2) ) by demonstrating in his native language the knowledge and understanding described in such section. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for naturalization is filed with appropriate fees not later than 2 years after the date of the enactment of this Act.", "id": "HF3204C535A5949F0BDA2FAA3D652C482", "header": "Waiver of certain naturalization requirements for Roger Paul Robert Kozik" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Science Over Politics Act.", "id": "H989315DA136247D7AA609DEF45DACFF", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Emergency contraceptive pills ( ECPs ) are approved for use by the Food and Drug Administration ( FDA ). (2) Emergency contraceptive pills are a concentrated dosage of ordinary birth control pills that can dramatically reduce a woman’s chance of becoming pregnant. (3) If ECPs are taken within 72 hours of contraceptive failure or unprotected sex, ECPs can reduce a woman’s risk of pregnancy by up to 89 percent. (4) Emergency contraceptive pills do not cause abortion but rather prevent pregnancy by inhibiting ovulation, fertilization, or implantation before a pregnancy occurs. (5) Emergency contraception cannot interrupt or disrupt an established pregnancy. (6) Increased use of ECPs could reduce the number of unintended pregnancies and abortions by half. (7) A 2002 study revealed that ECP use was likely responsible for up to 43 percent of the decline in abortions between 1994 and 2000, with ECP use preventing over 50,000 abortions in 2000 alone. (8) Over-the-counter sales of ECPs would be particularly beneficial for sexual assault victims as approximately 25,000 women per year in the United States become pregnant as a result of rape. An estimated 22,000 of these pregnancies, 88 percent, could be prevented if sexual assault victims had timely access to emergency contraception. (9) More than 70 organizations, including the American Nurses Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, the American Medical Association, the American Public Health Association, and the Association of Reproductive Health Professionals, support over-the-counter access to ECPs. (10) On April 21, 2003, product manufacturers Women’s Capital Corporation submitted an application to the Food and Drug Administration requesting to switch the emergency contraceptive Plan B from prescription-only to over-the-counter ( OTC ) status. (11) ECPs meet all the customary FDA criteria for over-the-counter status in that they are safe and effective, are not associated with any serious or harmful side-effects, are easily self-administered, and require no need for medical supervision. Moreover, ECPs are not harmful to an existing pregnancy and their use does not lead to riskier behavior or less frequent use of other forms of contraception, has no potential for overdose or addiction, is not harmful to an existing pregnancy, is easily self-administered, and requires no need for medical screening. (12) FDA staff and experts appointed to the advisory committees considered volumes of evidence showing that making Plan B available over-the-counter was safe and effective for women of all reproductive age. (13) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be safely sold as an over-the-counter medication. (14) On December 16, 2003, a joint panel of the FDA’s Reproductive Health Drugs Advisory Committee and Non-prescription Drugs Advisory Committee voted 23-4 to recommend that the FDA approve the application to make Plan B available over-the-counter for women of all ages. (15) The FDA’s rejection of over-the-counter status for Plan B on May 6, 2004, directly contradicted the overwhelming weight of scientific evidence. (16) The limited options offered by the FDA for future consideration of over-the-counter sale of Plan B are not warranted by the volumes of existing evidence and run counter to the advice of the FDA’s independent experts, staff, and precedent. (17) Evidence suggests that the FDA’s decision resulted from an unprecedented political takeover of what is supposed to be an independent scientific review.", "id": "H47001E31C604452991E6D329D200A5E7", "header": "Findings" }, { "text": "3. FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs \n(a) In general \nNot later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall— (1) review the decision of the Food and Drug Administration not to approve the supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act to obtain approval for the commercial distribution of the drug Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that is not subject to the requirements of section 503(b)(1) of such Act (commonly known as an over-the-counter, or OTC, drug); and (2) affirm, under penalty of law, that such decision— (A) was not politically influenced; (B) was based on sound science; and (C) conformed to precedents and procedures of the Food and Drug Administration. (b) Publication in Federal Register \nThe affirmation under subsection (a) shall be made through a statement published in the Federal Register.", "id": "H02E7785FF2564753866784609BD05518", "header": "FDA denial of OTC status for emergency-contraceptive drug Plan B; review by Commissioner of Food and Drugs" } ]

[ { "text": "1. Ben Atchley Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 137 East Young High Pike in Knoxville, Tennessee, shall be known and designated as the Ben Atchley 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 Ben Atchley Post Office Building.", "id": "H335C460C887044AB9992B77FCEAE6100", "header": "Ben Atchley Post Office Building" } ]

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

[ { "text": "1. Newell George Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 550 Nebraska Avenue in Kansas City, Kansas, shall be known and designated as the Newell George 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 Newell George Post Office Building.", "id": "HF4C335E28E5D4809BA2516FA0823F5B5", "header": "Newell George Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Pension Fairness Act of 2004.", "id": "H07D8E628E2E44957888C254090918145", "header": "Short title" }, { "text": "1. Findings and purpose \n(a) Findings \nThe Congress finds as follows: (1) The pension system sponsored by private employers is in a weakened state due to economic recession and heightened global competition. (2) Employers increasingly are terminating or reducing the benefits provided under traditional defined benefit pension plans. (3) Over 44,000,000 workers, retirees, and their families depend on defined benefit pension plans as a critical component of their retirement security in addition to Social Security. (4) Defined benefit pension plans are currently estimated to be underfunded up to a total of $400,000,000,000, and the Pension Benefit Guaranty Corporation, the agency that insures traditional pensions, had a 2003 deficit of over $10,000,000,000. (5) The Congress in enacting the Employee Retirement Income Security Act of 1974 intended employers to adequately fund their pension plans and did not intend for the Pension Benefit Guaranty Corporation to be used as a means for restructuring companies to escape their unfunded pension liabilities. (6) Cash balance pension plans were created to reduce traditional defined benefit pension obligations without statutory authorization, and adequate standards do not exist to adequately protect the pensions of pension plan participants, particularly older participants. (7) Corporate executives often preserve or enhance executive pension and other employee benefits at the same time the benefits of non-highly paid employees are reduced. (b) Purpose \nIt is the purpose of this Act to better protect the retirement benefits afforded to workers and retirees by protecting the solvency of the Pension Benefit Guaranty Corporation and ensuring equitable treatment of corporate executives as compared to treatment provided to other employees when restructuring employers shift unfunded pension liabilities onto the Pension Benefit Guaranty Corporation or convert to cash balance pension plans without adequately protecting the retirement security of older workers.", "id": "H703DFBFFF0464630842E717E4B3EF130", "header": "Findings and purpose" }, { "text": "2. Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a plan to a cash balance plan \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) Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a pension plan to a cash balance plan \n(1) In general \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which a plan amendment is adopted that has the effect of— (A) implementing a distress termination of the plan under section 4041(c) based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2)) as of the proposed termination date, or (B) converting such plan to a cash balance plan, in any case in which the amendment— (i) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 204(h)(1)) of participants with at least 10 years of service under the plan, or (ii) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, any covered deferred compensation plan established or maintained by such plan sponsor after the date of the adoption of such plan amendment shall meet the termination fairness standard of this subsection with respect to such plan amendment. (2) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in paragraph (1) meets the termination fairness standard of this subsection with respect to a plan amendment described in paragraph (1) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (A) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (B) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (3) Definitions \nFor purposes of this subsection— (A) Cash balance plan \n(i) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (ii) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in clause (i) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (B) Notice date \nThe term notice date means, with respect to an amendment described in paragraph (1)— (i) in the case of a distress termination under section 4041(d), the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2), (ii) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042, the date of the application to the court under section 4042(c), and (iii) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (C) Covered deferred compensation plan \n(i) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (I) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (II) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (III) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation (including income), and all income attributable to such amounts, remain (until made available to the disqualified individual or other beneficiary) solely the property of the plan sponsor (without being restricted to the provision of benefits under the plan), (IV) the amounts referred to in subclause (III) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (V) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (ii) Exception for qualified plans \nSuch term shall not include a plan that is— (I) described in section 219(g)(5)(A) of the Internal Revenue Code of 1986, or (II) an eligible deferred compensation plan (as defined in section 457(b) of such Code) of an eligible employer described in section 457(e)(1)(A) of such Code. (iii) Plan includes arrangements, etc \nFor purposes of this subparagraph, the term plan includes any agreement or arrangement. (D) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (E) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (F) Title IV terminology \nAny term used in this subsection which is defined in section 4001(a) shall have the meaning provided such term in section 4001(a). (4) Special rules \n(A) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an employer are coordinated in such a manner as to have the effect of the adoption of an amendment described in paragraph (1), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (B) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this subsection through the use of 2 or more plan amendments rather than a single amendment. (C) Controlled groups, etc \nFor purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. (D) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (5) Coordination \nThe Secretary and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this subsection and section 4980H of the Internal Revenue Code of 1986 are administered so as to have the same effect at all times. (6) Effect of waiver granted by Secretary of the Treasury \nTo the extent that any requirement of the termination fairness standard of section 4980H(b) of the Internal Revenue Code of 1986 is waived by the Secretary of the Treasury with respect to any disqualified individual under section 4980H(h) of such Code in the case of any plan amendment having the effect of a termination described in paragraph (1)(A) of this subsection, such requirement under the termination fairness standard of paragraph (2) of this subsection shall not apply with respect to such individual in the case of such plan amendment..", "id": "H9E8777ACE5E54A94A15EBDC22B2C8CFB", "header": "Termination fairness standard for nonqualified deferred compensation plans in connection with a pension plan termination based on bankruptcy reorganization or in connection with a conversion of a plan to a cash balance plan" }, { "text": "3. Excise tax on funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) In general \nChapter 43 of the Internal Revenue Code of 1986 (relating to qualified pension, etc., plans) is amended by adding at the end the following new section: 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment. (b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure. (d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section. (e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a). (f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times. (h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver.. (b) Clerical amendment \nThe table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan.", "id": "H65D9BEBFAB60451CAFC9EA152212DF6", "header": "Excise tax on funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan" }, { "text": "4980H. Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan \n(a) Imposition of tax \nIn any case in which a corporation is a plan sponsor of a defined benefit plan with respect to which an plan amendment is adopted that has the effect of— (1) implementing a distress termination of the plan under section 4041(c) of the Employee Retirement Income Security Act of 1974 based on bankruptcy reorganization or a termination of the plan initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act based on bankruptcy reorganization, in any case in which the plan is not sufficient for guaranteed benefits (within the meaning of section 4041(d)(2) of such Act) as of the proposed termination date, or (2) converting such plan to a cash balance plan, in any case in which the amendment— (A) results in a significant reduction in the rate of future benefit accruals (within the meaning of section 4980F(e)(1)) of participants with at least 10 years of service under the plan, or (B) does not provide for an election by affected participants with at least 10 years of service under the plan (and their beneficiaries) to retain coverage under the terms of the plan as in effect immediately prior to the amendment, there is hereby imposed a tax on any failure to meet the termination fairness standard of subsection (b) with respect to such plan amendment. (b) Termination fairness standard \nA covered deferred compensation plan established or maintained by a plan sponsor described in subsection (a) meets the termination fairness standard of this subsection with respect to a plan amendment described in subsection (a) if, during the 5-year period beginning on the date of the adoption of such plan amendment— (1) no amount of deferred compensation accrues to a disqualified individual under the terms of such covered deferred compensation plan (irrespective of whether the accrual in deferred compensation is expressed in the form of a promise, a guarantee, or any other representation), and (2) in the case of a covered deferred compensation plan established during or after the 1-year period preceding the notice date (or any amendment to a covered deferred compensation plan if such amendment is adopted during or after such 1-year period), no distribution of accrued deferred compensation is made under such plan (or such amendment) to a disqualified individual. (c) Amount of tax \nThe amount of the tax imposed by subsection (a) shall be equal to the amount of the accrual described in subsection (b)(1) comprising the failure or the distribution described in subsection (b)(2) comprising the failure. (d) Liability for tax \nThe plan sponsor shall be liable for the tax imposed by this section. (e) Definitions \nFor purposes of this section— (1) Cash balance plan \n(A) In general \nThe term cash balance plan means a defined benefit plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age. (B) Regulations to include similar or other hybrid plans \nThe Secretary shall issue regulations which provide that a defined benefit plan (or any portion of such a plan) which has an effect similar to a plan described in subparagraph (A) shall be treated as a cash balance plan. Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment results in a plan being described in the preceding sentence, such plan shall be treated as a cash balance plan. (2) Notice date \nThe term notice date means with respect to an amendment described in subsection (a)— (A) in the case of a distress termination under section 4041(d) of the Employee Retirement Income Security Act of 1974 , the date of the advance notice of intent to terminate provided pursuant to section 4041(a)(2) of such Act, (B) in the case of a termination initiated by the Pension Benefit Guaranty Corporation under section 4042 of such Act, the date of the application to the court under section 4042(c) of such Act, and (C) in the case of a conversion to a cash balance plan, the date of the adoption of the amendment. (3) Covered deferred compensation plan \n(A) In general \nThe term covered deferred compensation plan means any plan providing for the deferral of compensation of a disqualified individual, whether or not— (i) compensation of the disqualified individual which is deferred under such plan is subject to substantial risk of forfeiture, (ii) the disqualified individual’s rights to the compensation deferred under the plan are no greater than the rights of a general creditor of the plan sponsor, (iii) all amounts set aside (directly or indirectly) for purposes of paying the deferred compensation, and all income attributable to such amounts, remain (until made available to the participant or other beneficiary) solely the property of the (without being restricted to the provision of benefits under the plan), (iv) the amounts referred to in clause (iii) are available to satisfy the claims of the plan sponsor’s general creditors at all times (not merely after bankruptcy or insolvency), and (v) some or all of the compensation of the disqualified individual which is deferred under such plan is guaranteed by an insurance company, insurance service, or other similar organization. (B) Exception for qualified plans \nSuch term shall not include a plan that is— (i) described in section 219(g)(5)(A), or (ii) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible described in section 457(e)(1)(A). (C) Plan includes arrangements, etc \nFor purposes of this paragraph, the term plan includes any agreement or arrangement. (4) Disqualified individual \nThe term disqualified individual means a director or executive officer of the plan sponsor. (5) Termination based on bankruptcy reorganization \nA termination of a plan which is a distress termination under section 4041(c) or a termination instituted by the Pension Benefit Guaranty Corporation under section 4042 is based on bankruptcy reorganization if such termination is based in whole or in part on the filing, by or against any person who is a contributing sponsor of such plan or a member of such sponsor’s controlled group, of a petition seeking reorganization in a case under title 11, United States Code, or under any similar law of a State or political subdivision of a State (or such a case in which liquidation is sought has been converted to a case in which reorganization is sought). (6) Title IV terminology \nAny term used in this section which is defined in section 4001(a) of the Employee Retirement Income Security Act of 1974 shall have the meaning provided such term in such section 4001(a). (f) Special rules \n(1) Coordinated benefits \nIf the benefits of 2 or more defined benefit plans established or maintained by an are coordinated in such a manner as to have the effect of the adoption of an amendment described in subsection (a), the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins. (2) Multiple amendments \nThe Secretary shall issue regulations to prevent the avoidance of the purposes of this section through the use of 2 or more plan amendments rather than a single amendment. (3) Controlled groups, etc \nFor purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (4) Treatment of earnings \nReferences to deferred compensation shall be treated as including references to income attributable to such compensation or such income. (g) Coordination \nThe Secretary and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under this section and section 206(g) of the Employee Retirement Income Security Act of 1974 are administered so as to have the same effect at all times. (h) Waiver \n(1) In general \nIn the case of any plan amendment having the effect of a termination described in subsection (a)(1), the Secretary may waive the application of any requirement of the termination fairness standard of subsection (b) with respect to any disqualified individual who first commences service for the plan sponsor after the notice date with respect to such plan amendment. The Secretary may grant any such waiver in the case of any such plan amendment with respect to any such disqualified individual only after consultation with the Pension Benefit Guaranty Corporation. The Secretary shall promptly notify the Secretary of Labor of any such waiver granted by the Secretary. (2) Requirements for waiver \nA waiver may be granted under paragraph (1) only— (A) upon the filing with the Secretary by the plan sponsor of an application for such waiver, in such form and manner as shall be prescribed in regulations of the Secretary, (B) upon a showing, to the satisfaction of the Secretary, that such waiver is a business necessity for the plan sponsor, as determined under such regulations, and is in the best interest of plan participants and beneficiaries, as determined under such regulations, and (C) after the participants, in such form and manner as shall be provided in such regulations, have been notified of the filing of the application for the waiver and have been provided a reasonable opportunity to provide in advance comments to the Secretary regarding the proposed waiver.", "id": "HE9F955385DC343F4BC024EBE51BCDB7B", "header": "Funding nonqualified deferred compensation plans in the event of a pension plan termination based on bankruptcy reorganization or a conversion of a pension plan to a cash balance plan" }, { "text": "4. Effective date \nThe amendments made by this Act shall apply to plan amendments adopted on or after October 8, 2004.", "id": "H53B88F22A10F455D94222700609397F", "header": "Effective date" } ]

[ { "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: 9902.01.02 2-Naphthalenesulfonic acid, 6-[(2,4-diaminophenyl)azo]-3-[[4-[[4-[[7-[(2,4-diaminophenyl)azo]-1-hydroxy-3-sulfo-2-naphthalenyl]azo]phenyl]amino]-3- sulfophenyl]azo]-4-hydroxy-, trisodium salt (CAS No. 6473–13–8) (provided for in subheading 3204.14.50) Free Free No change 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": "H6A8E0A7A52DA498B8B09B1861715C6FE", "header": "Temporary suspension of duty" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Medicare Ambulance Payment Reform and Rural Equity Act of 2004.", "id": "H09540A11154D4B3DB0EE6EBCAC0452C6", "header": "Short title" }, { "text": "2. Ambulance payment rates \n(a) Payment rates \nSection 1834(l)(3) of the Social Security Act ( 42 U.S.C. 1395m(l)(3) ) is amended to read as follows: (3) Payment rates \nSubject to any adjustment under subparagraph (B) and paragraph (13) and the full payment of a national mileage rate pursuant to paragraph (2)(E), the Secretary shall modify the fee schedule established under paragraph (1) as follows: (A) Payment rates in 2006 \n(i) Ground ambulance services \nIn the case of ground ambulance services furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term full cost ambulance supplier means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier’s total staff and which receives less than 20 percent of space and other capital assets free of charge. (ii) Other ambulance services \nIn the case of ambulance services not described in subclause (i) that are furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). (B) Payment rates in subsequent years for all ambulance services \nIn the case of any ambulance service furnished under this part in 2007 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.. (b) Conforming amendment \n(1) Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A–487), as enacted into law by section 1(a)(6) of Public Law 106–554 , is repealed. (2) The amendment made by paragraph (1) shall take effect on January 1, 2006, and shall apply to payments for ambulance services furnished on or after such date.", "id": "HBB4E17E9777842D8BA92D273187C9D9C", "header": "Ambulance payment rates" }, { "text": "3. Improvement in payments to retain emergency and other capacity for ambulances in rural areas \n(a) In general \nSection 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ), as amended by section 415(a) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by adding at the end the following new paragraph: (15) Additional payments for providers furnishing ambulances services in rural areas \n(A) In general \nIn the case of ground ambulance services furnished on or after January 1, 2006, for which the transportation originates in a rural area (as determined under subparagraph (B)), the Secretary shall provide for a percent increase in the base rate of the fee schedule for a trip identified under this subsection. (B) Identification of rural areas \nThe Secretary, in consultation with the Office of Rural Health Policy, shall use the Rural-Urban Commuting Areas (RUCA) coding system, adopted by that Office, to designate rural areas for the purposes of this paragraph. A rural area is any area in RUCA level 2 through 10 and any unclassified area. (C) Tiering of rural areas \nThe Secretary shall designate 4 tiers of rural areas, using a zip code population-based methodology generated by the RUCA coding system, as follows: (i) Tier 1 \nA rural area that is a high metropolitan commuting area, in which 30 percent or more of the commuting flow is to an urban area, as designated by the Bureau of the Census (RUCA level 2). (ii) Tier 2 \nA rural area that is a low metropolitan commuting area, in which less than 30 percent of the commuting flow is to an urban area or to a large town, as designated by the Bureau of the Census (RUCA levels 3–6). (iii) Tier 3 \nA rural area that is a small town core, as designated by the Bureau of the Census, in which no significant portion of the commuting flow is to an area of population greater than 10,000 people (RUCA levels 7–9). (iv) Tier 4 \nA rural area in which there is no dominant commuting flow (RUCA level 10) and any unclassified area. The Secretary shall consult with the Office of Rural Health Policy not less often than every 2 years to update the designation of rural areas in accordance with any changes that are made to the RUCA system. (D) Payment adjustments for trips in rural areas \nThe Secretary shall adjust the payment rate under this section for ambulance trips that originate in each of the tiers established in subparagraph (C). The adjustment shall be a percentage increase in the base payment rate as follows: (i) Tier 1 \n5.5 percent. (ii) Tier 2 \n11 percent. (iii) Tier 3 \n16.5 percent. (iv) Tier 4 \n22 percent.. (b) Review of payments for rural ambulance services and report to Congress \n(1) Review \nNot later than July 1, 2008, the Secretary of Health and Human Services shall review the system for adjusting payments for rural ambulance services under section 1834(l)(15) of the Social Security Act ( 42 U.S.C. 1395m(l)(15) ), as added by subsection (a), to determine the adequacy and appropriateness of such adjustments. In conducting such review the Secretary shall consult with providers and suppliers affected by such adjustments and with representatives of the ambulance industry generally to determine— (A) whether such adjustments adequately cover the additional costs incurred in serving areas of low population density; and (B) whether the tiered structure for making such adjustments appropriately reflects the difference in costs of providing services in different types of rural areas. (2) Report \nNot later than January 1, 2009, the Secretary shall submit to Congress a report setting forth the results of such review and any recommendations for revision to the systems for adjusting payments for ambulance services in rural areas. (c) Conforming amendments \n(1) Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ), as amended by subsection (a), is further amended by adding at the end the following new paragraph: (16) Designation of rural areas for mileage payment purposes \nIn establishing any differential in the amount of payment for mileage between rural and urban areas in the fee schedule established under paragraph (1), the Secretary shall identify rural areas in the same manner as provided in paragraph (15)(B).. (2) Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) ), as added by section 414(c) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking January 1, 2010 and inserting January 1, 2006. (3) Section 1834(l)(13)(A)(i) of the Social Security Act ( 42 U.S.C. 1395m(l)(13)(A)(i) ), as added by section 414(d) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking paragraph (9) and inserting paragraph (15)(B).", "id": "H0A4E9D3133834D098B894C1DACF00342", "header": "Improvement in payments to retain emergency and other capacity for ambulances in rural areas" }, { "text": "4. Use of medical conditions for coding ambulance services \nSection 1834(l)(7) of the Social Security Act ( 42 U.S.C. 1395m(l)(7) ) is amended to read as follows: (7) Coding system \n(A) In general \nThe Secretary shall, in accordance with section 1173(c)(1)(B) and not later than July 1, 2005, establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. (B) Medical conditions \nThe code set established under subparagraph (A) shall take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1)..", "id": "HF635140F37764BD1BB68D160B00751F9", "header": "Use of medical conditions for coding ambulance services" } ]

[ { "text": "1. Border Patrol unit for Virgin Islands \nNot later than September 30, 2005, the Secretary of Homeland Security shall establish at least one Border Patrol unit for the Virgin Islands of the United States.", "id": "H80F40CA8DB6F49EBB9ABA2478C6F5F89", "header": "Border Patrol unit for Virgin Islands" } ]

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

[ { "text": "1. Six-year extension of requirement for biennial reports \nSection 541(c)(1) of title 38, United States Code, is amended by striking 2003 and inserting 2009.", "id": "H463679E71CA14BFABB4B8BCE9464279F", "header": "Six-year extension of requirement for biennial reports" } ]

[ { "text": "1. SHORT TITLE \nThis Act may be cited as the Financial Services for All Act.", "id": "H3CFB3EBAAFE74D3E868EBD76431B18BE", "header": "SHORT TITLE" }, { "text": "2. Federal credit union amendment \nParagraph (12) of section 107 of the Federal Credit Union Act is amended to read as follows: (12) in accordance with regulations prescribed by the Board— (A) to sell or provide for a fee negotiable checks (including travelers checks), money orders, international money transmitting or transfer services, and other similar money transfer instruments and services (including electronic fund transfers); and (B) to cash checks and money orders and receive electronic fund transfers for a fee;.", "id": "HD15630E0F7654C3BBA7773DCEDFC26B9", "header": "Federal credit union amendment" } ]

[ { "text": "1. Clarification of per-unit costs \n(a) In general \nParagraph (1) of the item relating to the Housing Certificate Fund in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 (division G of Public Law 108–199 ; 118 Stat. 372) is amended— (1) by inserting in each calendar quarter after and by applying ; and (2) by inserting in the most recent quarter for which the public housing agency has submitted such actual per unit cost information to the Secretary after actual per unit cost. (b) Applicability \nThe amendment made by subsection (a) shall apply to all expiring section 8 tenant-based annual contributions contracts renewed pursuant to the paragraph referred to in subsection (a), whether such renewal occurs before, on, or after the date of the enactment of this Act.", "id": "HD166D8FC3FAA404A8D9C59C860BF71B0", "header": "Clarification of per-unit costs" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Definitions Sec. 3. Findings relating to domestic violence within the Armed Forces Sec. 4. Findings relating to sexual misconduct in the Armed Forces Title I—Victims’ advocate programs in the Department of Defense. Sec. 101. Office of the victims’ advocate Sec. 102. Victims advocates Title II—Interdisciplinary councils within the Department of Defense Sec. 201. Department of Defense interdisciplinary council Sec. 202. Military department councils Sec. 203. Conforming repeal Title III—Reporting of sexual assault, domestic violence, and stalking within the Department of Defense Sec. 301. Complaints of sexual assault and domestic violence Sec. 302. Response of military law enforcement officials to domestic violence incidents Sec. 303. Investigations of sexual and domestic violence cases involving Department of Defense personnel Title IV—Protection of persons reporting sexual assault or domestic violence Sec. 401. Protection of communications between victims and advocates Sec. 402. Whistleblower protections for victim advocates Sec. 403. Prohibition of compulsory disclosure of certain communications and information Title V—Personnel administration matters Sec. 501. Performance evaluations and benefits Title VI—National and international hotlines awareness, prevention, and intervention campaign Sec. 601. Awareness, prevention, and intervention campaign Title VII—Medical care and treatment for victims of sexual and domestic violence Sec. 701. Findings Sec. 702. Enhanced Department of Defense treatment capacity Sec. 703. Outreach program at the community level Sec. 704. Equal treatment and services Sec. 705. Evaluation of services and treatment within deployed units Sec. 706. Emergency medical leave Sec. 707. Reports Sec. 708. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking Sec. 709. Privacy safeguards Title VIII—Military-Civilian Shelter Programs Sec. 801. Enhanced capacity of the Department of Defense for shelter programs and services Title IX—Enhancement of Armed Forces Domestic Security Act Sec. 901. Amendments to Servicemembers Civil Relief Act Title X—Crimes Related to Sexual Assault and Domestic Violence Subtitle A—Federal Criminal Code Sec. 1001. Assimilative crimes Sec. 1002. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States Sec. 1003. Technical amendments Sec. 1004. Travel and transportation Subtitle B—Uniform Code of Military Justice Sec. 1011. Military sexual assault Sec. 1012. Stalking Sec. 1013. Domestic violence and family violence Sec. 1014. Protective orders Title XI—Victim’s Rights and Restitution Sec. 1101. Military law enforcement and victims’ rights Sec. 1102. Incident reports Sec. 1103. Victim advocates and victims’ rights Sec. 1104. Restitution Sec. 1105. Records of military justice actions Sec. 1106. Technical amendments relating to fatality review panels Sec. 1107. Enhanced capacity of the Department of Defense for victim services Title XII—Counseling and Treatment Programs of Department of Veterans Affairs Sec. 1201. Permanent authority for counseling and treatment of veterans for sexual trauma Sec. 1202. Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities Sec. 1203. Improvement of program for provision of specialized mental health services to veterans Sec. 1204. Enhancement of readjustment counseling services for reserve component members Title XIII—Enhancement of Treatment Services for Perpetrators Sec. 1301. Enhanced capacity of the Department of Defense for treatment services for offenders Title XIV—Prevention and Intervention Training in the Department of Defense Sec. 1401. Prevention and intervention training awards Title XV—Research on Prevalence, Needs Assessment, Services, and Accountability Sec. 1501. Research on sexual assault in the Armed Forces Sec. 1502. Research on institutional procedures for reporting sexual assaults in the Armed Forces Sec. 1503. Research on domestic violence associated with the Armed Forces Sec. 1504. Research on institutional procedures for reporting domestic violence in the Armed Forces Sec. 1505. Research on dating violence associated with the Armed Forces Sec. 1506. Research on sexual violence perpetrated upon civilians Sec. 1507. Research on child maltreatment, abuse, and homicide in the Armed Forces Title XVI—Summit on Sexual Assault and Domestic Violence Sec. 1601. Purposes Sec. 1602. Establishment Sec. 1603. Eligible participants Sec. 1604. Summit activities Sec. 1605. Authorization of appropriations Title XVII—Conference on Sexual Assault and Domestic Violence Sec. 1701. Establishment Sec. 1702. Conference participants Sec. 1703. Conference activities Sec. 1704. Authorization of appropriations", "id": "HBF9DAB78C714470A8762412DD88700FE", "header": "Short title; table of contents" }, { "text": "2. Definitions \nIn this Act: (1) Domestic violence \nThe term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence \nThe term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ). (3) Sexual assault \nThe term sexual assault means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim. (4) Sexual misconduct \nThe term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (5) Stalking \nThe term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, United States Code, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Armed forces \nThe term Armed Forces has the meaning provided in section 101(a)(4) of title 10, United States Code. (7) Family advocacy program \nThe term family advocacy program has the meaning provided in Department of Defense Directive 6400.1, issued by the Office of Family Policy of the Department of Defense established by section 1781 of title 10, United States Code. (8) Victims’ advocates program \nThe term victims’ advocates program means a program established within a military department pursuant to section 534(a) of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (9) Victim \nThe term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the Armed Forces; (B) by or upon a family member of a member of the Armed Forces; (C) by or upon a person who shares a child in common with a member of the Armed Forces; (D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the Armed Forces; (E) by or upon a person similarly situated to a spouse of a member of the Armed Forces; or (F) by or upon any other person who is protected from the acts of a member of the Armed Forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. (10) Victim services \nThe term victim services organization means a nonprofit, nongovernmental organization or a public, nonprofit organization acting in a nongovernmental capacity that assists domestic violence, family violence, or sexual assault victims, including women’s centers, rape crisis centers, battered women’s shelters, and other sexual assault, domestic violence or dating violence programs, including counseling, support and victim advocate organizations with domestic violence, dating violence, stalking, and sexual assault programs. (11) Dating violence \nThe term dating violence means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of— (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. (12) Electronic communication \nThe term electronic communication has the meaning given that term in paragraph (12) of section 2510 of title 18, United States Code. (13) State \nThe term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (14) Transitional housing \nThe term transitional housing includes short-term housing and has the meaning given that term in section 424(b) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11384(b) ). (15) Complaint \nThe term complaint , with respect to an allegation of family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (16) Military law enforcement official \nThe term military law enforcement official means a person authorized under regulations governing the Armed Forces to apprehend persons subject to the Uniform Code of Military Justice ( chapter 47 of title 10, United States Code) or to trial thereunder. (17) Batterers program \nThe term batterers program means a program approved or certified by a State that is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services the goal of which is to help clients end abusive behaviors and components of which include— (A) an educational instruction and group discussion model to provide information about domestic violence; the illegality of domestic violence, and the responsibility for and alternative choices to abusive behavior; and (B) a long-term group that helps end the violent behavior of its participants with formal linkages to the local criminal justice systems and to area domestic violence services. (18) Representative of the victim \nThe term representative of the victim means, with respect to a victim, any of the following: (A) The surviving spouse. (B) A surviving child of the decedent who has attained 18 years of age. (C) A surviving parent of the decedent. (D) A surviving adult relative. (E) The public administrator appointed by a probate court, if one has been appointed. (19) Partner \nThe term partner means any of the following: (A) A person who is or has been in a social relationship of a romantic or intimate nature with another, where the existence of such a relationship is determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (B) A person who shares a child in common with another person. (C) A person who is cohabiting with or has cohabited as a spouse by regularly residing in the household. (D) A person similarly situated to a spouse. (E) A former spouse.", "id": "HE99B81FE5486460C8FF3890121BC2C29", "header": "Definitions" }, { "text": "3. Findings relating to domestic violence within the Armed Forces \nCongress makes the following findings: (1) The prevalence of intimate partner violence associated with the Armed Forces is dramatic. In fiscal year 2001, 18,000 reported cases of spouse abuse occurred involving military personnel, of which 11,000 cases were substantiated by the Department of Defense Family Advocacy Program. (2) In a survey of intimate partner violence among married members of the Armed Forces, approximately 30 percent of the respondents who acknowledged using a knife or gun on an intimate partner were single service members. Thirty-three percent of never-married soldiers reported using a knife or a gun; however only five percent of the never married soldiers answered the survey. (3) The predominant type of spouse abuse associated with the Armed Forces is physical assault. A study found that 85 percent of the offenders in the Armed Forces committed physical assaults. (4) Several studies commissioned by the Department of Defense have concluded that the Department and its service branches have failed to standardize data collection and that data related to recidivism and reoffense are unreliable. Underreporting, informal handling, and slippages in central data collection have also been cited as contributing to the lack of reliable data. (5) The victims of intimate partner violence associated with the Armed Forces are particularly vulnerable due to isolation, mobile residency, financial insecurity, and fear of adverse career consequences and impact, with resultant severe underreporting of incidents and the failure to access services, care, and treatment. (6) The safety of the victim is significantly affected by confusion over the definition of intimate partner violence, family violence, sexual assault, rape, and spouse abuse. (7) The safety of a victim is significantly affected by the substantiation of mutual abuse. A study conducted by the Department of Defense concluded that 33 percent of the offenders were involved in mutual abuse. The identification of the primary aggressor is essential to the safety of a victim. (8) The victims of family violence are vulnerable to eviction from military housing. Department of Defense data indicates that 47 percent of the victims of family violence reside on a military installation. The Department of Defense should support transitional housing for family members challenged by domestic violence, sexual assault, or stalking. (9) The Department of Defense has sponsored programs to prevent, identify, and curtail family violence. The rehabilitative, nonjudicial, legal, and judicial responses to family violence are not standardized or comprehensive for the Armed Forces. (10) The Department of Defense has acknowledged multiple barriers to operating programs to curtail intimate partner violence, including lack of awareness and understanding in the military community of the signs and dynamics of family violence, inconsistent command support for Family Advocacy Program recommendations and interventions, operational barriers to victim safety and client participation, and unit deployment schedules interfering with full participation in and timely completion of treatment programs by active-duty servicemembers. (11) Commander discretion plays a major role in a zero tolerance climate, victim safety, and offender accountability. Command support and training by professionals in the fields of family violence and sexual assault would enhance the readiness of the Armed Forces. (12) The rates of domestic violence among members of the Armed Forces are considerably higher than anticipated and are two, three, four, or five times higher than the civilian rate. (13) Military deployments affect the prevalence and severity of abuse within the Armed Forces. (14) A review of homicides within the Armed Forces indicates that firearms were used against 35 percent of female victims, while 28 percent of female victims were beaten or strangled. Females were over ten times more likely than males to be strangled. The study concluded that active-duty females were at increased risk for homicide in comparison to both males in the Armed Forces and females in the general population. (15) Five to six percent of substantiated offenders are court-martialed by military authorities. (16) A study commissioned by the Department of Defense concluded that 75 to 84 percent of active-duty offenders were discharged honorably. (17) The health and welfare of Armed Forces personnel, families, and partners would be greatly enhanced by elimination of domestic and family violence.", "id": "HBEE1936BC17A47E4B350572647AE0096", "header": "Findings relating to domestic violence within the Armed Forces" }, { "text": "4. Findings relating to sexual misconduct in the Armed Forces \nCongress makes the following findings: (1) The first large-scale survey of sexual misconduct within the Armed Forces concluded that 5 percent of female respondents and 1 percent of male respondents were victims of completed or attempted rape. (2) The most recent estimates suggest that sexual misconduct in the Armed Forces has decreased from 6 percent of female respondents reporting a completed or attempted rape to 3 percent of female respondents reporting the same. (3) Department of Defense surveys have ranked the prevalence of sexual misconduct among the services, citing 9 percent of female Marines were victims of an attempted or completed rape, 8 percent of female Army personnel, 6 percent of female Naval personnel, and 4 percent of Air Force female personnel. (4) A survey by the Department of Veterans Affairs concluded that 30 percent of female veterans report an attempted or completed rape during active duty. Thirty-seven percent of the women who reported an attempted or completed rape had been raped more than once, while 14 percent of the victims reported being gang raped. (5) The disparity between the surveys conducted by the Department of Defense and Department of Veterans Affairs entails the application of research protocols varying from civilian practices, including the protection of human subjects, anonymity for respondents, and behavior based questionnaires. (6) Men accounted for 22 percent of those seeking treatment for sexual trauma at the Veterans’ Centers in 1996, an increase from 13 percent in 1994. The percentage of male sexual trauma victims, 9 percent, is significantly higher than in the civilian community. (7) Eight percent of female Persian Gulf War veterans in a survey reported being sexually abused during Operation Desert Shield and Operation Desert Storm. The rate of victimization experienced by female servicemembers deployed during the Gulf War represents nearly a 10-fold increase over rates obtained using female civilian community samples. (8) In a survey of veterans seeking disability benefits from the Department of Veterans Affairs for post-traumatic stress disorder (PTSD), 6.5 percent of male combat veterans reported an in service or post service sexual assault, while 16.5 percent of noncombat veterans reported an in service or post service sexual assault; 69 percent of female combat veterans and 86.6 percent of female noncombat veterans reported an in-service or post service sexual assault. The reported rates of sexual assault are higher among veterans seeking veterans’ disability benefits for PTSD than the historically reported rates for men and women in the general population. (9) The military environment is more powerfully associated with risk than individual factors, encompassing young women entering male dominated working groups at lower levels of authority, sexual harassment by officers, and unwanted advances on duty and in sleeping quarters. (10) The prior victimization of the female servicemembers has been cited in numerous service sponsored studies. Prior victimization results in enhanced vulnerability of a victim. (11) Female servicemembers are less likely to report harassment, rape, and family violence due to fear of adverse career impact and charges of drinking, fraternization, and adultery. (12) The response of the Armed Forces is predominantly an administrative intervention rather than criminal investigations, charges, and judicial proceedings. (13) The overlap of physical, sexual, and emotional abuse is routinely found in studies and case histories of survivors. Research relative to active duty military women has cited this overlap indicating that one third of female veterans who experience physical assault by an intimate partner also report being sexually assaulted.", "id": "H4D20CFC343094F84AC96EE031DBE3FD", "header": "Findings relating to sexual misconduct in the Armed Forces" }, { "text": "101. Office of the victims’ advocate \n(a) In general \nPart II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 90 Office of the Victims’ Advocate \n1811. Office of the Victims’ Advocate: establishment 1812. Office of the Victims’ Advocate: responsibilities 1813. Office of the Victims’ Advocate: Director and staff 1814. Office of the Victims’ Advocate: access 1815. Office of the Victims’ Advocate: authorities and powers 1816. Office of the Victims’ Advocate: victim protection actions 1817. Office of the Victims’ Advocate: victims advocates whistleblower protections 1818. Office of the Victims’ Advocate: annual assessment 1819. Office of the Victims’ Advocate: annual reports 1820. Office of the Victims’ Advocate: policy implementation 1821. Authorization of appropriations 1811. Office of the Victims’ Advocate: establishment \n(a) Establishment \nThere is in the Office of the Secretary of Defense an Office of the Victims’ Advocate (hereinafter in this chapter referred to as the Office ). (b) Victim Defined \nIn this chapter, the term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (1) by or upon a member of the armed forces; (2) by or upon a family member of a member of the armed forces; (3) by or upon a person who shares a child in common with a member of the armed forces; (4) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (5) by or upon a person similarly situated to a spouse of a member of the armed forces; or (6) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. 1812. Office of the Victims’ Advocate: responsibilities \n(a) Coordination functions \n(1) The Office shall restore access to services for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (2) The Office shall contract victim advocates in the Department of Defense for purposes of victims’ advocates programs in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). In awarding contracts under this paragraph, the Director shall— (A) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas; (C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; and (D) ensure that the victim advocates have received specialized training in the counseling and support of victims and that each victim advocate meets the following requirements: (i) Has a master’s degree in counseling or a related field or has one year of counseling experience, at least six months of which has been in the counseling of sexual assault or domestic violence victims. (ii) Has at least 40 hours of training as specified by regulations prescribed by the Director, including training in the following areas: (I) History of domestic violence and sexual assault. (II) Civil, criminal and military law as it relates to domestic violence and sexual assault. (III) Societal attitudes. (IV) Peer counseling techniques. (V) Housing. (VI) Public and private assistance available to victims. (VII) Financial resources for victims. (VIII) Safety and protection resources for victims. (IX) Victim and transitional compensation. (X) Benefits. (XI) Referral services available to victims. (3) The Office shall serve as headquarters program manager for the Victims’ Advocates Program in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (4) The Office shall obtain for any victim of domestic violence, family violence, sexual assault, or stalking referred to in this section, from any facility of the uniformed services or any other health care facility of the United States or, by contract, from any other source, medical services, counseling, and other mental health services appropriate for treatment, including— (A) injuries resulting from domestic violence, sexual assault or stalking; (B) rape evidence kits; (C) DNA screening and testing; (D) sexually transmitted diseases screening and treatment; (E) HIV screening and treatment; (F) pregnancy testing; (G) FDA-approved methods of pregnancy prevention, including emergency contraception; (H) reproductive services, including prenatal care and abortions as authorized by section 1093 of this title; and (I) other mental and physiological results of the domestic violence, sexual assault, or stalking. (5) The Office shall coordinate and facilitate services within the military departments for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (6) The Office shall coordinate programs and activities of the military departments relative to services and treatment for victims of domestic violence, family violence, sexual assault, and stalking. (b) Evaluation and review responsibilities \nThe Director shall carry out the following ongoing evaluations and reviews: (1) Evaluation of the policies and protocols established by the military departments providing such services and treatment, with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking. (2) Evaluation of the programs established by the military departments providing services to victims of domestic violence, family violence, sexual assault, and stalking. (3) Evaluation of the delivery of services of the military departments that provide services and treatment to victims of domestic violence, family violence, sexual assault, and stalking through funds provided by the Department of Defense, Department of Justice, or Department of Health and Human Services. (4) Annual review of the facilities of the Department of Defense providing services to victims of domestic violence, family violence, sexual assault, or stalking. (5) Annual review of the National Domestic Violence Hotline, the National Sexual Assault Hotline, and the American Women Overseas Hotline relative to projects for military personnel, families and partners, and installation hotlines for victims of domestic violence, family violence, sexual assault, or stalking. (6) Annual review of the victim witness assistance programs within the Department of Defense. (7) Review of complaints of persons and investigation of those where victims may be in need of or benefit from assistance from a victim advocate. (8) Serve or designate a person to serve on the interdisciplinary councils under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (9) Serve or designate a person to serve on the fatality review panels established by the Secretary of Defense under sections 4061, 6036, and 9061 of this title. (c) Policy responsibilities \n(1) The Director shall recommend to the Secretary of Defense and the Secretaries of the military departments a comprehensive policy on prevention and intervention to domestic violence, family violence, sexual assault and stalking involving members of the armed forces, families, and partners. The comprehensive policy shall address the following matters: (A) Prevention measures. (B) Education and training on prevention and intervention. (C) Investigation of complaints by command and law enforcement personnel. (D) Medical treatment of victims. (E) Confidential reporting of incidents. (F) Victim advocacy and intervention. (G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of domestic violence, family violence, sexual assault, or stalking. (H) Disposition of victims of domestic violence, family violence, sexual assault, or stalking, including review by appropriate authority of administrative separation actions involving victims of domestic violence, family violence, sexual assault, or stalking. (I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking. (J) Liaison and collaboration with civilian agencies on the provision of services to victims of domestic violence, family violence, sexual assault, or stalking. (K) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of domestic violence, family violence, sexual assault, or stalking. (2) Not later than January 1, 2005, the Secretary of Defense, acting through the Office of the Victims’ Advocate, shall develop a comprehensive policy for the Department of Defense on the prevention and intervention of domestic violence, sexual assault, family violence and stalking involving members of the armed forces. The policy shall be based on— (A) a review of— (i) the Department of Defense Task Force on Care for Victims of Sexual Assaults; and (ii) the Defense Task Force on Domestic Violence; and (B) such other matters as the Secretary, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. (3) The Office shall recommend changes in policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault and stalking based on evaluations outlined in subsection (b) and as the Director of the Office of the Victims’ Advocate considers appropriate. (4) The Office shall establish protective provisions and protocols, including a privacy privilege and nondisclosure policy. (5) The Office shall prescribe regulations to establish responsibilities of military law enforcement officials at the scene of domestic violence, as defined by section 1058 of this title, and fatality review panels, as defined by sections 4061, 6036, and 9061 of this title, to carry out the provisions of those sections. (6) The Office shall propose systemic reform and formal legal action to secure and ensure the legal, civil, and special rights of victims associated with the armed forces. (d) Education and training responsibilities \n(1) The Office shall conduct training for and provide technical assistance to— (A) commands; (B) victim advocates; (C) Family Advocacy Programs; (D) victim witness assistance; (E) commissions; liaisons; (F) judge advocates; and (G) law enforcement and security forces of the military departments. (2) The Office shall conduct annual, Defense-wide, mandatory training for— (A) command staff; first responders, including commanders; (B) law enforcement; (C) security forces; (D) victim advocates; (E) military criminal investigators; (F) Family Advocacy Programs; (G) sexual assault nurse examiners; (H) rape crisis advocates; (I) chaplains; (J) military health care providers; (K) judge advocates; and (L) other relevant staff. (3) The Office shall conduct train-the-trainer sessions to supplement annual mandatory training for first responders and command staff with quarterly training within commands. (4) The Office shall conduct programs of public education, including the development and distribution of brochures, booklets, posters, and handbooks outlining hotlines, services, contact information, policies, and protocols for victims. 1813. Office of the Victims’ Advocate: Director and staff \n(a) Director \n(1) The Director of the Office shall be a person with knowledge of victims’ rights, advocacy, social services, and justice within Federal, State, and military systems. (2) The Director shall be a civilian qualified by training and expertise to perform the responsibilities of the Office and possessing a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The Director reports directly to the Secretary of Defense. (4) The position of Director is a Senior Executive Service position. The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5. (5) The Secretary of Defense shall consult with the interdisciplinary council established under section 201 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the appointment of the Director. (b) Victims advocates \n(1) Victims advocates positions (as defined by section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note)) shall be contracted by and assigned to the Director. Personnel shall be qualified by training, certification, and expertise to perform the duties of a victim advocate. (2) Victim advocates shall be civilians qualified by training, expertise, and certification to perform the responsibilities of the position, possessing a significant level of knowledge relative to the armed forces community and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The victim advocates report directly to the Director or the Director’s designee within the Office. (4) The Director shall consult with the interdisciplinary councils established under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the contracting of victim advocates. (5) To the maximum extent practicable, the victim advocates shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. (c) Victim witness personnel \nVictim witness personnel shall be assigned to the Office. (d) Staff \n(1) Staff shall be provided to carry out the responsibilities of the Office, including sexual assault nurse examiners, community liaisons, trauma specialists, perpetrator behavioral specialists, and such other personnel as may be required to carry out the provisions of this section. (2) To the maximum extent practicable, the staff of the Office shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. 1814. Office of the Victims’ Advocate: access \n(a) Access to senior officials \nThe Director of the Office shall have direct and prompt access to the Secretary of Defense, the Secretary of each military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (b) Access to information \nThe Director shall have access to the following: (1) Name of a victim receiving services, treatment, or other programs under the jurisdiction of the military departments and the location of the victim, if in custody. (2) Written reports of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by the military departments. (3) Records required to maintain the responsibilities assigned to the Office. (4) Records of law enforcement, criminal investigative organizations, health care providers, and command and Family Advocacy Programs as may be necessary to carry out the responsibilities of the Office. (c) Confidentiality \nTo the extent that any information referenced in this section provides the name and address of an individual who is the subject of any confidential proceeding, that name and address or related information that has the effect of identifying such individual shall not be released to the public without the consent of such individual. 1815. Office of the Victims’ Advocate: authorities and powers \n(a) In general \nThe Office of the Victims’ Advocate shall have the following authorities and powers: (1) To communicate privately by mail or orally with any victim, survivor, or family in treatment or under protective services of a military department. (2) To have access to records held by the clerk of courts, law enforcement, agencies, and institutions, public or private, and other agencies or persons with whom a particular case has been examined, including the right to inspect, copy, and subpoena such records. (3) To take whatever steps are appropriate to see that persons are made aware of the services of the Office, the purpose of the Office, and how the Office may be contacted. (4) To establish policies, procedures, and practices in order to protect the privacy and confidentiality of communications for persons seeking information and services with victim advocates and victim witness liaisons contracted by and assigned to the Office. (b) Confidentiality \n(1) Except as provided in paragraph (2), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Office shall protect the confidentiality and privacy of persons receiving services. The Office may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Office may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the Office or for any other military, Tribal, Federal, State, or Territorial program. (2) If release of information referred to in paragraph (1) is compelled by statutory or court mandate, the Office shall make reasonable attempts to provide notice to victims affected by the disclosure of the information. If such personally identifying information is or will be revealed, the Office shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. (3) The Office may share nonpersonally identifying data in the aggregate regarding services to the Office’s clients and nonpersonally identifying demographic information in order to comply with armed forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. (4) The Office may share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders. (c) Personally identifying information \nIn this section, the term personally identifying information means individually identifying information from or about an individual, including the following: (1) A first and last name. (2) A home or other physical address, including street name and name of city or town. (3) If a member or former member of the armed forces— (A) active duty, reservist, guard, or veteran status; (B) assigned rate or rank; (C) duty station or deployment status; and (D) squad, unit, platoon, ship, fleet, wing, squadron, company or battalion of the Army, Navy, Marine Corps, or Air Force. (4) An email address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address. (5) A telephone number. (6) A Social Security Number. (7) An Internet Protocol (IP) address or host name that identifies an individual. (8) A persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual. (9) Any information, including grade point average, date of birth, academic or occupational assignments or interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with information specified in any of paragraphs (1) through (8), would serve to identify an individual. (d) Standards \nThe Office shall abide by statutory, regulatory, professional, and ethical standards established within the professions relative to confidentiality of communications, including the Health Insurance Portability and Accountability Act, the National Association of Social Workers and American Psychological Association. 1816. Office of the Victims’ Advocate: victim protection actions \n(a) Orders of protection \nThe Office of the Victims’ Advocate shall obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, from any military command a no contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm. (b) Removal of an alleged offender \nThe Office of the Victims’ Advocate shall request from any commanding officer an order for the relocation or reassignment of an alleged offender during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim. 1817. Office of the Victims’ Advocate: victims advocates whistleblower protections \n(a) Whistleblower protections \n(1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, or stalking. (2) Paragraph (1) does not apply to a communication that is unlawful. (b) Prohibition of retaliatory personnel actions \nNo person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for— (1) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence or stalking; (2) a communication to a Member of Congress or an Inspector General; (3) a communication with military law enforcement, military criminal investigators, judge advocates or command; (4) a communication with civilian law enforcement, county, state or United States attorneys, court officials, probation officers or victim service providers; or (5) any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor. (c) Prohibited personnel actions \nAny action prohibited by subsection (b), including the threat to take any action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this section. (d) Investigation of allegations of prohibited personnel actions \n(1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to a communication described in paragraph (2), the Inspector General shall take the action required in this section. (2) A communication described in this paragraph is a communication in which the victim advocate reasonably believes constitutes evidence of any of the following: (A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, family violence, or stalking. (B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health. (3) (A) If the Inspector General receiving such an allegation is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (e). (B) An Inspector General of the Department of Defense receiving an allegation as described in this section shall expeditiously determine, in accordance with regulations prescribed under subsection (e), whether there is sufficient evidence to warrant an investigation of the allegation. (C) Upon determining that an investigation of an allegation under this section is warranted, the Inspector General making the determination shall expeditiously investigate the allegation. (4) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action. (5) Upon receiving an allegation under this subsection, the Inspector General shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of paragraph (2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate. (6) (A) After completion of an investigation under paragraphs (3), (4), or (5), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and the Director of the Office of the Victims’ Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated. The report shall be transmitted to the Secretary of Defense, Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation. (B) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate. (C) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by subparagraph (A) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice— (i) of that determination including the reasons why the report may not be submitted within that time; and (ii) of the time when the report will be submitted. (D) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. (e) Regulations \n(1) The Secretary of Defense shall prescribe regulations to carry out this section not later than 120 days after the date of enactment of this section. In prescribing regulations under this section, the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of that section including a process of appeal and review of investigative findings. (2) The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of this title is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice). 1818. Office of the Victims’ Advocate: annual assessment \n(a) Data compliance and reporting \nThe Office of the Victims’ Advocate shall compile an annual report consisting of data collected by the military departments, including Defense Incident Based Reporting System (DIBRS), Case Information System, database on domestic violence as defined by section 1562 of this title, central registry of the Family Advocacy Program, military justice, criminal investigators, law enforcement, security forces and victim advocates. The data shall be collected pursuant to policies set forth by the Director of the Office. (b) Assessment of policies and procedures \nNot later than January 15 each year, the Director shall conduct an assessment of the implementation during the preceding fiscal year of the policies and procedures of the military departments on the prevention and intervention for domestic violence, family violence, sexual assault and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to domestic violence, family violence, sexual assault and stalking. (c) Personnel analysis \nThe annual assessment shall include a review of personnel, including staffing levels, assignments, accessibility, availability, training, and duties of victim advocates, victim witness liaisons, sexual assault nurse examiners, and others considered appropriate by the Director assigned to assist victims of domestic violence, sexual assault, family violence, or stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for personnel. (d) Assessment of statutes and directives \nThe annual assessment shall include a review of— (1) the Uniform Code of Military Justice, the Victims’ Rights and Restitution Act, the Violence Against Women Act, and other Federal statutes; (2) directives of the military departments; and (3) regulations of the military departments considered appropriate by the Director in order to enhance the foundation of law and policy within the military departments in response to domestic violence, family violence, sexual assault, and stalking. 1819. Office of the Victims’ Advocate: annual reports \n(a) Annual reports \n(1) Not later than April 1, 2005, and January 15 of each year thereafter, the Director shall submit to the Secretary of Defense a report on the domestic violence, family violence, sexual assault, and stalking involving members of the armed forces during the preceding year. (2) Each report under paragraph (1) shall include the following: (A) The number of incidents of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces, that were reported to military officials during the year covered by such report and the number of the cases so reported that were substantiated. (B) A synopsis of, and the disciplinary action taken in, each case. (C) The policies, procedures, and processes implemented by the military departments during the year covered by such report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (D) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces. (3) Each report under paragraph (1) in 2006, 2007 and 2008 shall also include the assessment conducted by the Director under section 1818(b) of this title. (b) Report to Congress \nThe Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this section, together with the comments of the Secretary on such report. The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any subsequent year not later than March 15 of the following year. 1820. Office of the Victims’ Advocate: policy implementation \n(a) Responsibility \nThe Secretary of Defense, acting through the Office of the Victims’ Advocate, shall implement the comprehensive policy developed pursuant to section 1812(c) of this title. (b) Application of comprehensive policy to military departments \nThe Secretary shall ensure that, to the maximum extent practicable, the policy developed under subsection (c) is implemented uniformly by the military departments. (c) Policies and procedures of the military departments \n(1) Not later than March 1, 2005, the Secretary of Defense and Secretaries of the military departments, in consultation with the Office of the Victims’ Advocate, shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault, or stalking involving members of the armed forces in order— (A) to conform such policies and procedures to the policy developed under subsection (b); and (B) to ensure that such policies and procedures include the elements specified in paragraph (2). (2) The elements specified in this paragraph are as follows: (A) A program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (B) A program to provide victim advocacy and intervention for members of the armed forces with victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. (C) Procedures for members of the armed forces to follow in the case of an incident of domestic violence, family violence, sexual assault, or stalking involving a member of the armed forces, including— (i) procedures for confidential reporting and for seeking services with victim advocates; (ii) specification of the person or persons to whom the alleged offense should be reported; (iii) specification of any other person whom the victim should contact; and (iv) procedures for the preservation of evidence. (D) Procedures for disciplinary action in cases of domestic violence, family violence, sexual assault, and stalking by members of the armed forces. (E) Other sanctions authorized to be imposed in cases of sexual assault by members of the armed forces. (F) Training for all members of the armed forces, including specific training for members of the armed forces who process allegations of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces. (G) Any other matters that the Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. (d) Report on improvement of capability to intervene in domestic violence, family violence, sexual assault and stalking \nNot later than March 1, 2005, the Secretary of Defense, following consultation with the Director of the Office of the Victims’ Advocate, shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. 1821. Authorization of appropriations \n(a) There is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victims’ Advocate in the Department of Defense. Funds available under this section shall remain available until expended. (b) Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences and other administrative costs associated with conducting activities under this section; (2) shall use not less than 20 percent for programs addressing domestic violence, family violence, sexual assault, and stalking that are operated by, or in partnership with, civilian victim services; and (3) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, family violence, sexual assault and stalking. Technical assistance and training under paragraph (3) may be offered to the elements of the armed forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not..", "id": "H77FED64D98F140E2A63238B214C1704F", "header": "Office of the victims’ advocate" }, { "text": "1811. Office of the Victims’ Advocate: establishment \n(a) Establishment \nThere is in the Office of the Secretary of Defense an Office of the Victims’ Advocate (hereinafter in this chapter referred to as the Office ). (b) Victim Defined \nIn this chapter, the term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (1) by or upon a member of the armed forces; (2) by or upon a family member of a member of the armed forces; (3) by or upon a person who shares a child in common with a member of the armed forces; (4) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (5) by or upon a person similarly situated to a spouse of a member of the armed forces; or (6) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee.", "id": "H30818007900941EC9BDD36AD39B02DD8", "header": "Office of the Victims’ Advocate: establishment" }, { "text": "1812. Office of the Victims’ Advocate: responsibilities \n(a) Coordination functions \n(1) The Office shall restore access to services for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (2) The Office shall contract victim advocates in the Department of Defense for purposes of victims’ advocates programs in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). In awarding contracts under this paragraph, the Director shall— (A) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas; (C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; and (D) ensure that the victim advocates have received specialized training in the counseling and support of victims and that each victim advocate meets the following requirements: (i) Has a master’s degree in counseling or a related field or has one year of counseling experience, at least six months of which has been in the counseling of sexual assault or domestic violence victims. (ii) Has at least 40 hours of training as specified by regulations prescribed by the Director, including training in the following areas: (I) History of domestic violence and sexual assault. (II) Civil, criminal and military law as it relates to domestic violence and sexual assault. (III) Societal attitudes. (IV) Peer counseling techniques. (V) Housing. (VI) Public and private assistance available to victims. (VII) Financial resources for victims. (VIII) Safety and protection resources for victims. (IX) Victim and transitional compensation. (X) Benefits. (XI) Referral services available to victims. (3) The Office shall serve as headquarters program manager for the Victims’ Advocates Program in the Department of Defense under section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note). (4) The Office shall obtain for any victim of domestic violence, family violence, sexual assault, or stalking referred to in this section, from any facility of the uniformed services or any other health care facility of the United States or, by contract, from any other source, medical services, counseling, and other mental health services appropriate for treatment, including— (A) injuries resulting from domestic violence, sexual assault or stalking; (B) rape evidence kits; (C) DNA screening and testing; (D) sexually transmitted diseases screening and treatment; (E) HIV screening and treatment; (F) pregnancy testing; (G) FDA-approved methods of pregnancy prevention, including emergency contraception; (H) reproductive services, including prenatal care and abortions as authorized by section 1093 of this title; and (I) other mental and physiological results of the domestic violence, sexual assault, or stalking. (5) The Office shall coordinate and facilitate services within the military departments for victims and survivors of domestic violence, family violence, sexual assault, and stalking. (6) The Office shall coordinate programs and activities of the military departments relative to services and treatment for victims of domestic violence, family violence, sexual assault, and stalking. (b) Evaluation and review responsibilities \nThe Director shall carry out the following ongoing evaluations and reviews: (1) Evaluation of the policies and protocols established by the military departments providing such services and treatment, with a view towards the rights of victims of domestic violence, family violence, sexual assault, and stalking. (2) Evaluation of the programs established by the military departments providing services to victims of domestic violence, family violence, sexual assault, and stalking. (3) Evaluation of the delivery of services of the military departments that provide services and treatment to victims of domestic violence, family violence, sexual assault, and stalking through funds provided by the Department of Defense, Department of Justice, or Department of Health and Human Services. (4) Annual review of the facilities of the Department of Defense providing services to victims of domestic violence, family violence, sexual assault, or stalking. (5) Annual review of the National Domestic Violence Hotline, the National Sexual Assault Hotline, and the American Women Overseas Hotline relative to projects for military personnel, families and partners, and installation hotlines for victims of domestic violence, family violence, sexual assault, or stalking. (6) Annual review of the victim witness assistance programs within the Department of Defense. (7) Review of complaints of persons and investigation of those where victims may be in need of or benefit from assistance from a victim advocate. (8) Serve or designate a person to serve on the interdisciplinary councils under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act. (9) Serve or designate a person to serve on the fatality review panels established by the Secretary of Defense under sections 4061, 6036, and 9061 of this title. (c) Policy responsibilities \n(1) The Director shall recommend to the Secretary of Defense and the Secretaries of the military departments a comprehensive policy on prevention and intervention to domestic violence, family violence, sexual assault and stalking involving members of the armed forces, families, and partners. The comprehensive policy shall address the following matters: (A) Prevention measures. (B) Education and training on prevention and intervention. (C) Investigation of complaints by command and law enforcement personnel. (D) Medical treatment of victims. (E) Confidential reporting of incidents. (F) Victim advocacy and intervention. (G) Oversight by commanders of administrative and disciplinary actions in response to substantiated incidents of domestic violence, family violence, sexual assault, or stalking. (H) Disposition of victims of domestic violence, family violence, sexual assault, or stalking, including review by appropriate authority of administrative separation actions involving victims of domestic violence, family violence, sexual assault, or stalking. (I) Disposition of members of the armed forces accused of domestic violence, family violence, sexual assault, or stalking. (J) Liaison and collaboration with civilian agencies on the provision of services to victims of domestic violence, family violence, sexual assault, or stalking. (K) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of domestic violence, family violence, sexual assault, or stalking. (2) Not later than January 1, 2005, the Secretary of Defense, acting through the Office of the Victims’ Advocate, shall develop a comprehensive policy for the Department of Defense on the prevention and intervention of domestic violence, sexual assault, family violence and stalking involving members of the armed forces. The policy shall be based on— (A) a review of— (i) the Department of Defense Task Force on Care for Victims of Sexual Assaults; and (ii) the Defense Task Force on Domestic Violence; and (B) such other matters as the Secretary, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. (3) The Office shall recommend changes in policies, personnel, and procedures for dealing with domestic violence, family violence, sexual assault and stalking based on evaluations outlined in subsection (b) and as the Director of the Office of the Victims’ Advocate considers appropriate. (4) The Office shall establish protective provisions and protocols, including a privacy privilege and nondisclosure policy. (5) The Office shall prescribe regulations to establish responsibilities of military law enforcement officials at the scene of domestic violence, as defined by section 1058 of this title, and fatality review panels, as defined by sections 4061, 6036, and 9061 of this title, to carry out the provisions of those sections. (6) The Office shall propose systemic reform and formal legal action to secure and ensure the legal, civil, and special rights of victims associated with the armed forces. (d) Education and training responsibilities \n(1) The Office shall conduct training for and provide technical assistance to— (A) commands; (B) victim advocates; (C) Family Advocacy Programs; (D) victim witness assistance; (E) commissions; liaisons; (F) judge advocates; and (G) law enforcement and security forces of the military departments. (2) The Office shall conduct annual, Defense-wide, mandatory training for— (A) command staff; first responders, including commanders; (B) law enforcement; (C) security forces; (D) victim advocates; (E) military criminal investigators; (F) Family Advocacy Programs; (G) sexual assault nurse examiners; (H) rape crisis advocates; (I) chaplains; (J) military health care providers; (K) judge advocates; and (L) other relevant staff. (3) The Office shall conduct train-the-trainer sessions to supplement annual mandatory training for first responders and command staff with quarterly training within commands. (4) The Office shall conduct programs of public education, including the development and distribution of brochures, booklets, posters, and handbooks outlining hotlines, services, contact information, policies, and protocols for victims.", "id": "HB6FBC1E3D407460CB5FCC0012C8FDD", "header": "Office of the Victims’ Advocate: responsibilities" }, { "text": "1813. Office of the Victims’ Advocate: Director and staff \n(a) Director \n(1) The Director of the Office shall be a person with knowledge of victims’ rights, advocacy, social services, and justice within Federal, State, and military systems. (2) The Director shall be a civilian qualified by training and expertise to perform the responsibilities of the Office and possessing a significant level of experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The Director reports directly to the Secretary of Defense. (4) The position of Director is a Senior Executive Service position. The Secretary of Defense shall designate the position as a career reserved position under section 3132(b) of title 5. (5) The Secretary of Defense shall consult with the interdisciplinary council established under section 201 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the appointment of the Director. (b) Victims advocates \n(1) Victims advocates positions (as defined by section 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note)) shall be contracted by and assigned to the Director. Personnel shall be qualified by training, certification, and expertise to perform the duties of a victim advocate. (2) Victim advocates shall be civilians qualified by training, expertise, and certification to perform the responsibilities of the position, possessing a significant level of knowledge relative to the armed forces community and experience in advocacy for victims of sexual assault, domestic violence, family violence, and stalking. (3) The victim advocates report directly to the Director or the Director’s designee within the Office. (4) The Director shall consult with the interdisciplinary councils established under sections 201 and 202 of the Prevention of and Response to Sexual Assault and Domestic Violence in the Military Act in the contracting of victim advocates. (5) To the maximum extent practicable, the victim advocates shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. (c) Victim witness personnel \nVictim witness personnel shall be assigned to the Office. (d) Staff \n(1) Staff shall be provided to carry out the responsibilities of the Office, including sexual assault nurse examiners, community liaisons, trauma specialists, perpetrator behavioral specialists, and such other personnel as may be required to carry out the provisions of this section. (2) To the maximum extent practicable, the staff of the Office shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity.", "id": "H4928278376C54AED8C6FE46A3C8FD10", "header": "Office of the Victims’ Advocate: Director and staff" }, { "text": "1814. Office of the Victims’ Advocate: access \n(a) Access to senior officials \nThe Director of the Office shall have direct and prompt access to the Secretary of Defense, the Secretary of each military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (b) Access to information \nThe Director shall have access to the following: (1) Name of a victim receiving services, treatment, or other programs under the jurisdiction of the military departments and the location of the victim, if in custody. (2) Written reports of sexual assault, sexual misconduct, domestic violence, family violence, or stalking prepared by the military departments. (3) Records required to maintain the responsibilities assigned to the Office. (4) Records of law enforcement, criminal investigative organizations, health care providers, and command and Family Advocacy Programs as may be necessary to carry out the responsibilities of the Office. (c) Confidentiality \nTo the extent that any information referenced in this section provides the name and address of an individual who is the subject of any confidential proceeding, that name and address or related information that has the effect of identifying such individual shall not be released to the public without the consent of such individual.", "id": "HA0A79C1016C2410586E2D4109D25724C", "header": "Office of the Victims’ Advocate: access" }, { "text": "1815. Office of the Victims’ Advocate: authorities and powers \n(a) In general \nThe Office of the Victims’ Advocate shall have the following authorities and powers: (1) To communicate privately by mail or orally with any victim, survivor, or family in treatment or under protective services of a military department. (2) To have access to records held by the clerk of courts, law enforcement, agencies, and institutions, public or private, and other agencies or persons with whom a particular case has been examined, including the right to inspect, copy, and subpoena such records. (3) To take whatever steps are appropriate to see that persons are made aware of the services of the Office, the purpose of the Office, and how the Office may be contacted. (4) To establish policies, procedures, and practices in order to protect the privacy and confidentiality of communications for persons seeking information and services with victim advocates and victim witness liaisons contracted by and assigned to the Office. (b) Confidentiality \n(1) Except as provided in paragraph (2), in order to ensure the safety of victims of domestic violence, family violence, sexual assault, sexual misconduct, or stalking and their families, the Office shall protect the confidentiality and privacy of persons receiving services. The Office may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The Office may not reveal individual victim information without the informed, written, reasonably time-limited consent of the person (or in the case of unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the Office or for any other military, Tribal, Federal, State, or Territorial program. (2) If release of information referred to in paragraph (1) is compelled by statutory or court mandate, the Office shall make reasonable attempts to provide notice to victims affected by the disclosure of the information. If such personally identifying information is or will be revealed, the Office shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. (3) The Office may share nonpersonally identifying data in the aggregate regarding services to the Office’s clients and nonpersonally identifying demographic information in order to comply with armed forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. (4) The Office may share court-generated information contained in secure, governmental registries for purposes of enforcement of protection orders. (c) Personally identifying information \nIn this section, the term personally identifying information means individually identifying information from or about an individual, including the following: (1) A first and last name. (2) A home or other physical address, including street name and name of city or town. (3) If a member or former member of the armed forces— (A) active duty, reservist, guard, or veteran status; (B) assigned rate or rank; (C) duty station or deployment status; and (D) squad, unit, platoon, ship, fleet, wing, squadron, company or battalion of the Army, Navy, Marine Corps, or Air Force. (4) An email address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address. (5) A telephone number. (6) A Social Security Number. (7) An Internet Protocol (IP) address or host name that identifies an individual. (8) A persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual. (9) Any information, including grade point average, date of birth, academic or occupational assignments or interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with information specified in any of paragraphs (1) through (8), would serve to identify an individual. (d) Standards \nThe Office shall abide by statutory, regulatory, professional, and ethical standards established within the professions relative to confidentiality of communications, including the Health Insurance Portability and Accountability Act, the National Association of Social Workers and American Psychological Association.", "id": "H26994877AB044BCBAAF96EEF094FF31", "header": "Office of the Victims’ Advocate: authorities and powers" }, { "text": "1816. Office of the Victims’ Advocate: victim protection actions \n(a) Orders of protection \nThe Office of the Victims’ Advocate shall obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking, from any military command a no contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim from additional physical or emotional harm. (b) Removal of an alleged offender \nThe Office of the Victims’ Advocate shall request from any commanding officer an order for the relocation or reassignment of an alleged offender during an investigation, disciplinary action, or court-martial in order to ensure the safety of a victim.", "id": "H3A04956D440E453CBDC9B74F900172DE", "header": "Office of the Victims’ Advocate: victim protection actions" }, { "text": "1817. Office of the Victims’ Advocate: victims advocates whistleblower protections \n(a) Whistleblower protections \n(1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, or stalking. (2) Paragraph (1) does not apply to a communication that is unlawful. (b) Prohibition of retaliatory personnel actions \nNo person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for— (1) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence or stalking; (2) a communication to a Member of Congress or an Inspector General; (3) a communication with military law enforcement, military criminal investigators, judge advocates or command; (4) a communication with civilian law enforcement, county, state or United States attorneys, court officials, probation officers or victim service providers; or (5) any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor. (c) Prohibited personnel actions \nAny action prohibited by subsection (b), including the threat to take any action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this section. (d) Investigation of allegations of prohibited personnel actions \n(1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to a communication described in paragraph (2), the Inspector General shall take the action required in this section. (2) A communication described in this paragraph is a communication in which the victim advocate reasonably believes constitutes evidence of any of the following: (A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, family violence, or stalking. (B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health. (3) (A) If the Inspector General receiving such an allegation is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (e). (B) An Inspector General of the Department of Defense receiving an allegation as described in this section shall expeditiously determine, in accordance with regulations prescribed under subsection (e), whether there is sufficient evidence to warrant an investigation of the allegation. (C) Upon determining that an investigation of an allegation under this section is warranted, the Inspector General making the determination shall expeditiously investigate the allegation. (4) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action. (5) Upon receiving an allegation under this subsection, the Inspector General shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of paragraph (2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate. (6) (A) After completion of an investigation under paragraphs (3), (4), or (5), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and the Director of the Office of the Victims’ Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated. The report shall be transmitted to the Secretary of Defense, Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation. (B) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate. (C) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by subparagraph (A) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice— (i) of that determination including the reasons why the report may not be submitted within that time; and (ii) of the time when the report will be submitted. (D) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. (e) Regulations \n(1) The Secretary of Defense shall prescribe regulations to carry out this section not later than 120 days after the date of enactment of this section. In prescribing regulations under this section, the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under the provisions of that section including a process of appeal and review of investigative findings. (2) The Secretary shall provide in the regulations that a violation of the prohibition by a person subject to chapter 47 of this title is punishable as a violation of section 892 of this title (article 92 of the Uniform Code of Military Justice).", "id": "HD6FE1CA0A42E4963A1B63B693C1999F", "header": "Office of the Victims’ Advocate: victims advocates whistleblower protections" }, { "text": "1818. Office of the Victims’ Advocate: annual assessment \n(a) Data compliance and reporting \nThe Office of the Victims’ Advocate shall compile an annual report consisting of data collected by the military departments, including Defense Incident Based Reporting System (DIBRS), Case Information System, database on domestic violence as defined by section 1562 of this title, central registry of the Family Advocacy Program, military justice, criminal investigators, law enforcement, security forces and victim advocates. The data shall be collected pursuant to policies set forth by the Director of the Office. (b) Assessment of policies and procedures \nNot later than January 15 each year, the Director shall conduct an assessment of the implementation during the preceding fiscal year of the policies and procedures of the military departments on the prevention and intervention for domestic violence, family violence, sexual assault and stalking involving members of the armed forces in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to domestic violence, family violence, sexual assault and stalking. (c) Personnel analysis \nThe annual assessment shall include a review of personnel, including staffing levels, assignments, accessibility, availability, training, and duties of victim advocates, victim witness liaisons, sexual assault nurse examiners, and others considered appropriate by the Director assigned to assist victims of domestic violence, sexual assault, family violence, or stalking. The assessment shall include a review of personnel assigned to deployed units, along with recommendations to enhance availability, accessibility, and training for personnel. (d) Assessment of statutes and directives \nThe annual assessment shall include a review of— (1) the Uniform Code of Military Justice, the Victims’ Rights and Restitution Act, the Violence Against Women Act, and other Federal statutes; (2) directives of the military departments; and (3) regulations of the military departments considered appropriate by the Director in order to enhance the foundation of law and policy within the military departments in response to domestic violence, family violence, sexual assault, and stalking.", "id": "H40728EBEC0C04AE78E60F585D9B6E45F", "header": "Office of the Victims’ Advocate: annual assessment" }, { "text": "1819. Office of the Victims’ Advocate: annual reports \n(a) Annual reports \n(1) Not later than April 1, 2005, and January 15 of each year thereafter, the Director shall submit to the Secretary of Defense a report on the domestic violence, family violence, sexual assault, and stalking involving members of the armed forces during the preceding year. (2) Each report under paragraph (1) shall include the following: (A) The number of incidents of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces, that were reported to military officials during the year covered by such report and the number of the cases so reported that were substantiated. (B) A synopsis of, and the disciplinary action taken in, each case. (C) The policies, procedures, and processes implemented by the military departments during the year covered by such report in response to incidents of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (D) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to domestic violence, family violence, sexual assault and stalking involving members of the armed forces. (3) Each report under paragraph (1) in 2006, 2007 and 2008 shall also include the assessment conducted by the Director under section 1818(b) of this title. (b) Report to Congress \nThe Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this section, together with the comments of the Secretary on such report. The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any subsequent year not later than March 15 of the following year.", "id": "H7F192A9406FD448D9D668D236D653222", "header": "Office of the Victims’ Advocate: annual reports" }, { "text": "1820. Office of the Victims’ Advocate: policy implementation \n(a) Responsibility \nThe Secretary of Defense, acting through the Office of the Victims’ Advocate, shall implement the comprehensive policy developed pursuant to section 1812(c) of this title. (b) Application of comprehensive policy to military departments \nThe Secretary shall ensure that, to the maximum extent practicable, the policy developed under subsection (c) is implemented uniformly by the military departments. (c) Policies and procedures of the military departments \n(1) Not later than March 1, 2005, the Secretary of Defense and Secretaries of the military departments, in consultation with the Office of the Victims’ Advocate, shall prescribe regulations, or modify current regulations, on the policies and procedures of the military departments on the prevention of and response to domestic violence, family violence, sexual assault, or stalking involving members of the armed forces in order— (A) to conform such policies and procedures to the policy developed under subsection (b); and (B) to ensure that such policies and procedures include the elements specified in paragraph (2). (2) The elements specified in this paragraph are as follows: (A) A program to promote awareness of the incidence of domestic violence, family violence, sexual assault, and stalking involving members of the armed forces. (B) A program to provide victim advocacy and intervention for members of the armed forces with victims of domestic violence, family violence, sexual assault, and stalking, which program shall make available, at home stations and in deployed locations, trained advocates who are readily available to intervene on behalf of such victims. (C) Procedures for members of the armed forces to follow in the case of an incident of domestic violence, family violence, sexual assault, or stalking involving a member of the armed forces, including— (i) procedures for confidential reporting and for seeking services with victim advocates; (ii) specification of the person or persons to whom the alleged offense should be reported; (iii) specification of any other person whom the victim should contact; and (iv) procedures for the preservation of evidence. (D) Procedures for disciplinary action in cases of domestic violence, family violence, sexual assault, and stalking by members of the armed forces. (E) Other sanctions authorized to be imposed in cases of sexual assault by members of the armed forces. (F) Training for all members of the armed forces, including specific training for members of the armed forces who process allegations of domestic violence, family violence, sexual assault, and stalking committed by or upon members of the armed forces. (G) Any other matters that the Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate, considers appropriate. (d) Report on improvement of capability to intervene in domestic violence, family violence, sexual assault and stalking \nNot later than March 1, 2005, the Secretary of Defense, following consultation with the Director of the Office of the Victims’ Advocate, shall submit to Congress a proposal for such legislation as the Secretary considers necessary to enhance the capability of the Department of Defense to address matters relating to domestic violence, family violence, sexual assault, and stalking involving members of the armed forces.", "id": "HF8909F203AED46DA831721C0E7F46994", "header": "Office of the Victims’ Advocate: policy implementation" }, { "text": "1821. Authorization of appropriations \n(a) There is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victims’ Advocate in the Department of Defense. Funds available under this section shall remain available until expended. (b) Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences and other administrative costs associated with conducting activities under this section; (2) shall use not less than 20 percent for programs addressing domestic violence, family violence, sexual assault, and stalking that are operated by, or in partnership with, civilian victim services; and (3) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, family violence, sexual assault and stalking. Technical assistance and training under paragraph (3) may be offered to the elements of the armed forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.", "id": "H0A53816ACFB84E35BBCD4DBEF66EF3D3", "header": "Authorization of appropriations" }, { "text": "102. Victims advocates \n(a) Program Changes \nSection 534 of National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note), is amended as follows: (1) Subsection (a)(1) is amended by striking Under Secretary of Defense for Personnel and Readiness and inserting Director of the Office of the Victims’ Advocate. (2) Subsection (b) is amended— (A) in the matter preceding paragraph (1), by striking dependents and inserting family members and partners ; and (B) in paragraph (2), by striking Intrafamilial sexual and inserting Sexual. (3) Paragraph (1) of subsection (d) is amended by striking provide and all that follows and inserting provide the following: (A) Crisis intervention. (B) Screening and evaluation of the needs of victims of domestic violence, family violence, sexual assault, and stalking. (C) Information on safe and confidential ways to seek assistance to address domestic violence, family violence, sexual assault, and stalking. (D) Information on available services within the military departments and civilian communities. (E) Assistance in obtaining those services, including medical treatment for injuries. (F) Appropriate referrals to military and civilian community-based domestic violence programs and sexual assault victim service providers with the capacity to support servicemembers, family members, or partners. (G) Information on legal rights and resources for personnel, family members, or partners in both the military and civilian programs. (H) Development and coordination of a safety plan with appropriate assistance and intervention components including, law enforcement, command, and Family Advocacy Program. (I) Advocacy for victims outlined in subsection (b), including assistance in obtaining and entering no contact orders from military commands or orders of protection from a court of appropriate jurisdiction, respectively. (J) Information on benefits, including Department of Defense transitional compensation, victims of crime compensation, and veterans' benefits. (K) Coordination among services, including medical, legal, and psychological counseling. (L) Education. (M) Transportation. (N) Pre-trial, trial, and post-trial support. (O) Voting member of the Case Review Committee. (P) Serve as the liaison with civilian community-based service providers. (Q) Confidential handling of all documents or conversations relative to victim care, services, benefits, and treatment. (R) Advocacy for the expressed interest and safety of a victim during testimony in a court-martial or civilian judicial system. (S) Follow-up to all identified victims (including those who have declined services) three months following initial contact to ascertain whether further intervention is, or is not, warranted. (T) Other appropriate assistance.. (4) Paragraph (2) of subsection (d) is amended by striking through the family advocacy programs of the military departments and inserting through the Office of the Victims' Advocate in the Office of the Secretary of Defense. (5) Such section is further amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (B) by striking subsection (e) and inserting the following new subsections: (e) Education and training \nThe Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, shall do the following: (1) Develop curricula for mandatory training of personnel, including, first responders, security forces, law enforcement, medical personnel, command staff, military justice personnel, and military criminal investigators in consultation with the Office of the Victims’ Advocate. (2) Conduct mandatory annual training of first responders, medical personnel, command staff, military justice, and military criminal investigators. (3) Conduct and support train the trainer sessions as specified in subsection (d) of section 1812 of title 10, United States Code. (4) Educate the community of criminal investigators, security forces, law enforcement, organizations, schools, and health care providers, to responsibly respond to victims and perpetrators of domestic violence, family violence, sexual assault, or stalking associated with the Armed Forces and to understand— (A) domestic violence, family violence, sexual assault, and stalking and their effects on members of the Armed Forces and their family members and partners; (B) relevant laws, court procedures, and policies that affect members of the Armed Forces and their family members and partners who are victims or perpetrators of domestic violence, sexual assault, family violence, or stalking; (C) educate the community to identify, assess, and respond appropriately to domestic violence, sexual assault, family violence, and stalking and meet the needs of members of the Armed Forces and their family members and partners; and (D) provide appropriate resources in response to domestic violence, family violence, sexual assault, and stalking and assure that necessary services dealing with physical and mental health of victims are available. (f) Staffing \nThe Secretary of Defense, acting through the Director of the Office of the Victims' Advocate, shall provide for the assignment of civilian personnel on a full-time basis to victims' advocates programs established under subsection (a). The Secretary, acting through the Director, shall ensure that sufficient numbers of such full-time personnel are assigned to those programs to enable the programs to be carried out effectively, including the assignment of victim advocates to deployed units.. (b) Authorization of appropriations \nThere are authorized to be appropriated to carry out the functions of victims' advocates in the Department of Defense $5,000,000 in each fiscal years 2005 through 2009. (c) Availability \nFunds appropriated under subsection (b) shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences, and other administrative costs associated with conducting activities under this section; (2) shall use not less than 10 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; and (3) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, family violence, sexual assault, and stalking. Technical assistance and training under paragraph (3) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.", "id": "H35EA2BFFFB75418DB69E1DDC3F90D65C", "header": "Victims advocates" }, { "text": "201. Department of Defense interdisciplinary council \n(a) Department of Defense Council \nThe Secretary of Defense, in consultation with the Director of the Office of the Victims’ Advocate of the Department of Defense, shall establish a Department of Defense interdisciplinary council to coordinate and oversee victims’ advocates programs of the Department of Defense. (b) Composition \n(1) The Council shall consist of 12 members to be appointed by the Secretary of Defense. The Council shall include members appointed from each of the Army, Navy, Air Force, and Marine Corps and shall include an equal number of personnel of the Department of Defense (military and civilian) and persons from outside the Department of Defense. (2) Members appointed from outside the Department of Defense may be appointed from other Federal departments and agencies, from State and local agencies, and from the private sector. (3) The Secretary shall ensure that membership includes at least one judge advocate. (4) In appointing members to the Interdisciplinary Council, the Secretary may consult with— (A) the Attorney General regarding representation from the Office of Violence Against Women of the Department of Justice; and (B) the Secretary of Health and Human Services regarding representation from the Women’s Health Office and the Administration for Children and Families of the Department of Health and Human Services. (5) Each member of the Interdisciplinary Council appointed from outside the Department of Defense shall be an individual who has demonstrated expertise and experience in the fields of sexual assault, domestic violence, family violence, or stalking or shall be appointed from one of the following: (A) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (B) Civilian law enforcement. (C) A judicial policy organization. (D) A national crime victim organization. (E) A victim service organization. (F) A survivor of domestic violence, sexual assault, family violence, or stalking in which the perpetrator was a servicemember. (6) Members of the Interdisciplinary Council shall be appointed not later than 90 days after the date of the enactment of this Act. (7) Members of the Interdisciplinary Council shall serve for a period of two years. The membership of the Interdisciplinary Council shall be rotated by composition and appointments as defined in paragraphs (1), (2), and (5) every two years. (c) Co-Chairs \nThere shall be two co-chairs of the Interdisciplinary Council. One of the co-chairs shall be designated by the Secretary of Defense at the time of appointment from among the Department of Defense personnel on the Interdisciplinary Council. The other co-chair shall be selected among the members appointed from outside the Department of Defense by those members. (d) Administrative Support \n(1) Each member of the Interdisciplinary Council who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or an employee of the United States, as the case may be). Other members of the Interdisciplinary Council shall be appointed in accordance with, and subject to, section 3161 of title 5, United States Code. (2) The Director of the Office of the Victims’ Advocate, under the direction of the Secretary of Defense, shall provide oversight of the Interdisciplinary Council. The Office of the Victims’ Advocate shall provide the Interdisciplinary Council with personnel facilities and other administrative support as necessary for the performance of the Interdisciplinary Council’s duties. (e) Installation Visits \nThe Director of the Office of the Victims’ Advocate shall coordinate with the Secretaries of the military departments to provide for visits to the installations. (f) Report \nNot later than 18 months after the date on which all members of the Interdisciplinary Council have been appointed, the Interdisciplinary Council shall submit to the Secretary a report recommending specific ways in which the Office of the Victims’ Advocate and victim advocates may more effectively address matters relative to sexual assault, domestic violence, family violence, and stalking committed by or upon servicemembers. The report shall include an assessment of, and recommendations concerning the following: (1) Victim safety programs. (2) Confidentiality of communications for victims. (3) Offender accountability. (4) Prevention of sexual assault, domestic violence, family violence, and stalking. (5) Collaboration among military organizations with responsibility or jurisdiction with respect to sexual assault, domestic violence, family violence, and stalking. (6) Coordination between military and civilian communities including service organizations and law enforcement with respect to sexual assault, domestic violence, family violence and stalking. (7) Adaptation of best professional practices within the civilian communities with respect to sexual assault, domestic violence, family violence and stalking. (8) Data collection, case management, and tracking. (9) Curricula and training including standardized training for Armed Forces personnel and community-based advocates, organizations, and service providers. (10) Standardization of guidelines, directives, and statutes. (11) Other issues identified by the Interdisciplinary Council. (g) Authorization of appropriation \nThere are authorized to be appropriated to carry out the functions of the Interdisciplinary Council in the Department of Defense $2,000,000 for each of fiscal years 2005 through 2009.", "id": "H4942856059AE4C78A75F5E2023C01C25", "header": "Department of Defense interdisciplinary council" }, { "text": "202. Military department councils \n(a) Establishment \nThe Secretary of each military department, in consultation with the Director of the Office of the Victims’ Advocate, shall establish interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims’ advocates program of the military department. (b) Composition, etc \nThe composition, administrative support, organization, coordination, and oversight within the interdisciplinary councils appointed by the Secretaries of the military departments shall be similar to the Interdisciplinary Council established within the Department of Defense pursuant to section 201. (c) Interdisciplinary councils at installations \nThe victim advocate, in consultation with the command at each military installation, shall establish a council. The composition, administrative support, coordination and oversight within the interdisciplinary councils at installations shall be similar to the Interdisciplinary Council established within the Department of Defense.", "id": "H2834E7180F0B4256A85FC91230F74B2", "header": "Military department councils" }, { "text": "203. Conforming repeal \nSection 534 of the National Defense Authorization Act for Fiscal Year 1995 ( 10 U.S.C. 113 note) is amended by striking subsection (c).", "id": "HFBDF211408BF4243AFC6B1D765C211CA", "header": "Conforming repeal" }, { "text": "301. Complaints of sexual assault and domestic violence \n(a) In General \nChapter 80 of title 10, United States Code, is amended by adding at the end the following new section: 1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers \n(a) Action on complaints alleging sexual assault, domestic violence, family violence or stalking \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives from a victim, or from a member of the command, or a civilian employee under the supervision of the officer or a victim advocate of the Department of Defense a complaint alleging sexual assault, domestic violence, family violence, or stalking by a member of the armed forces or a civilian employee of the Department of Defense shall carry out an investigation of the matter in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; (2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; and (3) advise the complaint of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced. (d) Judge Advocate Report \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced. (e) Report on Investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall— (1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (f) Definitions \nIn this section: (1) Domestic violence \nThe term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence \nThe term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ). (3) Sexual assault \nThe term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct \nThe term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (5) Stalking \nThe term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim \nThe term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the armed forces; (B) by or upon a family member of a member of the armed forces; (C) by or upon a person who shares a child in common with a member of the armed forces; (D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. (7) Complaint \nThe term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries \nNot later than March 15, 2005, and January 1 of each year thereafter each officer receiving a complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints (including the results of the investigations, in cases of investigations completed during the preceding year). (h) Annual report to Secretary of Defense and Congress \n(1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking. (2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report. The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year.. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers.", "id": "H2E11EEA9DAB4474C9E3ED61B6838B2AE", "header": "Complaints of sexual assault and domestic violence" }, { "text": "1566. Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers \n(a) Action on complaints alleging sexual assault, domestic violence, family violence or stalking \nA commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, or Marine Corps who receives from a victim, or from a member of the command, or a civilian employee under the supervision of the officer or a victim advocate of the Department of Defense a complaint alleging sexual assault, domestic violence, family violence, or stalking by a member of the armed forces or a civilian employee of the Department of Defense shall carry out an investigation of the matter in accordance with this section. (b) Commencement of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— (1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; (2) commence, or cause the commencement of, an investigation of the complaint, including engaging law enforcement, criminal investigators, judge advocates, victim advocates, and victim witness liaisons; and (3) advise the complaint of the commencement of the investigation. (c) Duration of investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced. (d) Judge Advocate Report \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall require a report of the judge advocate, including the results of the investigation, application of the disciplinary or punitive articles under the Uniform Code of Military Justice, and any recommendations for actions to be taken as a result of the investigation, within 20 days after the date on which the investigation is commenced. (e) Report on Investigation \nTo the extent practicable, a commanding officer or officer in charge receiving such a complaint shall— (1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced; or (2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 30 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. (f) Definitions \nIn this section: (1) Domestic violence \nThe term domestic violence has the meaning given that term in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2 ). (2) Family violence \nThe term family violence has the meaning given that term in section 308 of the Family Violence Prevention and Services Act ( 42 U.S.C. 10408 ). (3) Sexual assault \nThe term sexual assault has the meaning given that term in section 2003(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (4) Sexual misconduct \nThe term sexual misconduct includes the following: (A) Sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (5) Stalking \nThe term stalking means engaging in a course of conduct as proscribed in chapter 109A of title 18, as directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family. (6) Victim \nThe term victim means a person who is a victim of domestic violence, family violence, sexual assault, stalking, or sexual misconduct committed— (A) by or upon a member of the armed forces; (B) by or upon a family member of a member of the armed forces; (C) by or upon a person who shares a child in common with a member of the armed forces; (D) by or upon a person who is cohabiting with or has cohabited as a spouse with a member of the armed forces; (E) by or upon a person similarly situated to a spouse of a member of the armed forces; or (F) by or upon any other person who is protected from the acts of a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. (7) Complaint \nThe term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation. (g) Annual Reports to Service Secretaries \nNot later than March 15, 2005, and January 1 of each year thereafter each officer receiving a complaint forwarded in accordance with this section shall submit to the Secretary of the military department concerned a report on all such complaints and the investigations of such complaints (including the results of the investigations, in cases of investigations completed during the preceding year). (h) Annual report to Secretary of Defense and Congress \n(1) Not later than April 1, 2005, and January 15 of each year thereafter, each Secretary of a military department receiving a report under subsection (f) shall submit to the Secretary of Defense a report on the complaints and investigations of sexual assault, domestic violence, family violence, and stalking. (2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives each report submitted to the Secretary under this paragraph (1), together with the comments of the Secretary on each such report. The Secretary shall transmit the report for 2004 not later than May 1, 2005, and shall transmit the report for any year thereafter not later than March 15 of the year following such year.", "id": "H2D61F750656F423E943CC94CABEB64A0", "header": "Complaints of sexual assault, domestic violence, family violence, or stalking: investigation by commanding officers" }, { "text": "302. Response of military law enforcement officials to domestic violence incidents \n(a) In general \nChapter 80 of title 10, United States Code, is amended by adding after section 1566, as added by section 301, the following new sections: 1567. Domestic violence: responsibilities of military law enforcement officials \n(a) Definitions \nIn this section: (1) Military law enforcement official \nThe term military law enforcement official means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder. (2) Domestic violence \nThe term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodily injury, or illness or damage to property. (B) Intentional impairment of physical condition. (C) A threat of conduct that would cause bodily injury or damage to property. (b) Circumstances requiring arrest \nA military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances is present: (A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely. (B) There is evidence of physical injury to the alleged victim. (C) The use of a deadly weapon or dangerous instrument is evident. (c) Arresting Officer’s Report \nAn officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observed, if any; (2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; and (3) a statement that a copy of legal rights and notices was given to the victim. (d) Law enforcement policies \n(1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime. (B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or arrested or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker. (C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment. (2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c). Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency’s receipt of the report. The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense. As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers). (B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint. You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so. You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person’s release. (5) In the development of policies under this subsection, the Secretary and military law enforcement shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents. (6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement \n(1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report. (2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person’s actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested. The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime. (3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the command of the suspect and installation. (4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) The time and date of the incident. (D) The number of domestic violence calls investigated. (E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children. (F) The type and extent of the abuse. (G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of arrests for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military no contact order. (L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence. (f) Contact prohibitions \n(1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; and (B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or command, to contact the alleged victim. (2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgement on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody. (3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence. (g) Conditional release \nA person arrested and taken into custody for a domestic violence incident is eligible for conditional release. Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2). 1568. Domestic violence: prosecution policies \nThe staff judge advocate within the Office of the Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses. Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or (D) the character, rank, rate, or quality of service of members of the armed forces, officers or employees. (2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident. (3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a armed forces member of the armed forces or officer or employee of the Department of Defense. 1569. Domestic violence: education and training \nAny education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforcement agencies and organizations with expertise in the recognition and handling of domestic violence incidents shall conduct training on a competitive basis. 1570. Domestic violence: annual reports \n(a) Reports to Secretaries of the Military Departments \nEach judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation, together with such information as the Secretary may require, including the following: (1) The number of arrests for domestic violence incidents in that judge advocate’s command, compiled and furnished by military law enforcement and military criminal investigators. (2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents. (3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories. (b) Reports to the Secretary of Defense \nNot later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year. (c) Reports to congress \nNot later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense during the preceding year.. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by adding after the item relating to section 1566, as added by section 301, the following new items: 1567. Domestic violence: responsibilities of military law enforcement officials 1568. Domestic violence: prosecution policies 1569. Domestic violence: education and training 1570. Domestic violence: annual reports. (c) Deadline \nThe Secretary of Defense shall prescribe in regulations the procedures to carry out sections 1567 through 1570 of title 10, United States Code, as added by subsection (a) of this section, not later than 90 days after the date of the enactment of this Act. (d) Conforming repeal \n(1) Section 1058 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 53 is amended by striking the item relating to section 1058.", "id": "H55E2AA218C434A318B21F3B1919D42C", "header": "Response of military law enforcement officials to domestic violence incidents" }, { "text": "1567. Domestic violence: responsibilities of military law enforcement officials \n(a) Definitions \nIn this section: (1) Military law enforcement official \nThe term military law enforcement official means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder. (2) Domestic violence \nThe term domestic violence means any of the following engaged in by a person against the person’s spouse or former spouse or against a person with whom the person resides or formerly resided or against an individual with whom the person has a child in common: (A) Infliction of physical pain, bodily injury, or illness or damage to property. (B) Intentional impairment of physical condition. (C) A threat of conduct that would cause bodily injury or damage to property. (b) Circumstances requiring arrest \nA military law enforcement officer shall arrest and take into custody a person if— (1) the officer has reasonable grounds to believe that the person has committed domestic violence and that the person’s actions are the commission of a crime; and (2) any of the following circumstances is present: (A) The officer has reasonable basis for believing that continued domestic violence against the alleged victim is likely. (B) There is evidence of physical injury to the alleged victim. (C) The use of a deadly weapon or dangerous instrument is evident. (c) Arresting Officer’s Report \nAn officer who makes an arrest under subsection (b) shall submit a full written report of the alleged domestic violence incident to the officer’s supervisor and to the judge advocate within 10 days of the arrest. Such a report shall include— (1) a description of physical injuries observed, if any; (2) whenever possible, a statement from the victim and witnesses concerning the alleged domestic violence; and (3) a statement that a copy of legal rights and notices was given to the victim. (d) Law enforcement policies \n(1) The Secretary of Defense shall prescribe regulations to implement written policies regarding arrest procedures for domestic violence incidents. Those policies shall include the following: (A) In most circumstances, a military law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic violence and that the actions constitute the commission of a crime. (B) When the officer has reasonable grounds to believe that the spouses or former spouses or other persons who reside together or resided together or share a child in common are committing or have committed domestic violence against each other, the officer does not have to arrest both parties but should arrest the person whom the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer should consider the intent of this section to protect victims of domestic violence, the relative injury or fear inflicted on the persons involved, or any history of domestic violence between these persons, if that history can be ascertained by the officer, or response of a person who acts in a reasonable manner to protect oneself or another family or household member from domestic violence. No victim shall be denied relief or arrested or charged for a domestic violence offense because the victim used reasonable force in self defense against domestic violence by an attacker. (C) A military law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim or any subsequent prosecution or on the relationship or the rank of the persons involved in the incident. (D) A military law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible injury or impairment. (2) The policies under paragraph (1) shall include a procedure applicable to the report and referral required under subsection (c). Such procedures shall require that the military law enforcement agency shall, without charge, send a copy of the initial report and any subsequent, supplemental, or related report, which excludes the victim’s statement or other materials that are part of an active criminal investigation and are exempt from disclosure, to the command and Family Advocacy Program exercising responsibility over the area in which the incident took place, to the victim advocate within the Department of Defense assigned to the installation and the nearest local domestic violence center within 24 hours of the agency’s receipt of the report. The report furnished to the Family Advocacy Program, victim advocate, and local domestic violence center shall include a narrative description of the domestic violence incident. (3) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident of domestic violence services from which the victim may receive assistance. The military law enforcement officer shall provide the victim immediate notice of the legal rights and remedies available to the victim. Such notice shall be in a standard form developed and distributed by the Secretary of Defense. As necessary, the Secretary shall revise the victims rights brochure to include a summary of this section using simple English and shall distribute the notice as a model form to be used by all military law enforcement agencies. The notice shall include the following: (A) The resources available for the area in which domestic violence services are sought, including military resources (victim advocates, Family Advocacy Program, judge advocates, medical personnel, and command) and civilian agencies (shelter, victim advocates, counseling, county or state attorney offices and centers). (B) A copy of the following statement: If you are a victim of domestic violence, you may ask the county or state attorney or judge advocate or Director of Special Investigations or command to file a complaint. You also have the right to go to court and file a petition requesting a protective order from domestic violence to include provisions which restrain the alleged perpetrator from further acts of abuse; direct the abuser to leave your house; prevent the abuser from entering your residence, school, business or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if he/she has a legal obligation to do so. You also have the right to request a military no contact order containing the above provisions.. (4) The policies under paragraph (1) shall include a procedure for notifying the alleged victim of the incident, a description of the procedure for releasing the arrested person, and the likelihood and probable time of the arrested person’s release. (5) In the development of policies under this subsection, the Secretary and military law enforcement shall consult with law enforcement agencies and organizations with expertise in the recognition of domestic violence incidents. (6) This section does not limit the authority of military law enforcement to establish policies that require arrests under circumstances other than those set forth in this section. (e) Report requirements of military law enforcement \n(1) A military law enforcement officer who responds to a domestic violence incident shall prepare a domestic violence incident report. (2) If a military law enforcement officer has reasonable grounds to arrest a person who is committing or has committed domestic violence and that person’s actions constitute the commission of a crime, the officer shall prepare a written statement detailing why the person was not arrested. The report shall be sent to the judge advocate for the command of the suspect where the acts took place, immediately upon the completion of the investigation of the incident. The judge advocate shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime. (3) All information contained in the domestic violence incident report shall be forwarded to the appropriate military criminal investigative unit, to the judge advocate with responsibility for the jurisdiction, and to the command of the suspect and installation. (4) The domestic violence incident report shall be on a form set forth in regulations prescribed by the Secretary of Defense in consultation with the Director of Special Investigations. The form shall include provisions for the following information: (A) The relationship of the parties. (B) The sex of the parties. (C) The time and date of the incident. (D) The number of domestic violence calls investigated. (E) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children. (F) The type and extent of the abuse. (G) The number and type of weapons involved. (H) The action taken by the law enforcement officer. (I) The existence of any prior court or military orders issued to the parties. (J) The number of domestic violence calls alleging a violation of a military no contact order or civilian protective order. (K) The number of arrests for a violation of a civilian protective order or details of disciplinary action taken for the violation of a military no contact order. (L) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence. (f) Contact prohibitions \n(1) Unless there is a waiver, during the 72 hours immediately following an arrest for a domestic violence incident, the person arrested— (A) shall avoid the residence of the alleged victim of the domestic violence incident and, if applicable, any premises temporarily occupied by the alleged victim; and (B) shall avoid contacting or causing any person, other than law enforcement officers or military criminal investigators, judge advocates, or command, to contact the alleged victim. (2) Unless there is a waiver, a law enforcement officer who releases a person arrested for domestic violence from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements of this section and the consequences of violating this section. The arrested person shall sign an acknowledgement on the written notice that the person has had notice of, and understands the requirements, the consequences and the provisions of this section. If the arrested person refuses to sign the notice, the person may not be released from custody. (3) If there is a waiver under paragraph (1) and the person is arrested under this section, the law enforcement officer who releases the arrested person shall inform the arrested person orally and in writing of the waiver. (4) Failure to comply with the notice requirement under paragraph (2) regarding a person who is lawfully released from custody does not affect the prosecution for a crime of domestic violence. (g) Conditional release \nA person arrested and taken into custody for a domestic violence incident is eligible for conditional release. Unless there is a waiver under section (f), as part of the conditions of any such release that occurs within 72 hours immediately following such an arrest, the person shall be made to comply with the requirements under subsection (f)(1) and to sign the acknowledgement under subsection (f)(2).", "id": "H878C39579642404EAE8DD499CBBE5788", "header": "Domestic violence: responsibilities of military law enforcement officials" }, { "text": "1568. Domestic violence: prosecution policies \nThe staff judge advocate within the Office of the Secretary of Defense shall develop and implement written policies encouraging the prosecution of domestic violence offenses. Those policies shall include the following: (1) A policy indicating that a judge advocate’s recommendation not to prosecute a domestic violence incident should not be based— (A) solely upon the absence of visible indications of injury; (B) consent of the victim; (C) consideration of the relationship of the parties; or (D) the character, rank, rate, or quality of service of members of the armed forces, officers or employees. (2) A policy indicating that when a domestic violence incident is not prosecuted by the judge advocates, including a report made under this section, the decision by the judge advocates should be made not later than 28 days after the date on which the judge advocate general has received notice of the incident. (3) Whether or not the command, in consultation with the judge advocate, decides to prosecute the member of the armed forces, officer, or employee, the judge advocates shall provide a written report that is complete and clearly indicates the reasons for any disciplinary action, punitive or administrative, against a armed forces member of the armed forces or officer or employee of the Department of Defense.", "id": "HFB16750324034EB9A5610021105F9809", "header": "Domestic violence: prosecution policies" }, { "text": "1569. Domestic violence: education and training \nAny education and training for military law enforcement, military criminal investigators, or judge advocates relating to the handling of domestic violence shall include enforcement of criminal laws in domestic violence incidents and protection of the alleged victim. Law enforcement agencies and organizations with expertise in the recognition and handling of domestic violence incidents shall conduct training on a competitive basis.", "id": "H6B3E21E2D7F44786AECBCC7B4FA0A7E8", "header": "Domestic violence: education and training" }, { "text": "1570. Domestic violence: annual reports \n(a) Reports to Secretaries of the Military Departments \nEach judge advocate for a command who in the official capacity of that judge advocate receives an allegation of domestic violence shall submit to the Secretary of the military department concerned notification of that allegation, together with such information as the Secretary may require, including the following: (1) The number of arrests for domestic violence incidents in that judge advocate’s command, compiled and furnished by military law enforcement and military criminal investigators. (2) The number of subsequent prosecutions and convictions of those arrested for domestic violence incidents. (3) A listing of the number of arrests, prosecutions, and convictions under paragraph (1) and (2) shall include categories by statutory reference of offenses under the Uniform Code of Military Justice (chapter 47 of this title) and include totals for all categories. (b) Reports to the Secretary of Defense \nNot later than March 15, 2005, and January 1 of each year thereafter, the Secretaries of the military departments shall submit to the Secretary of Defense an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense under their jurisdiction during the preceding year. (c) Reports to congress \nNot later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress an annual report on the number of arrests, disposition of cases, subsequent prosecutions or disciplinary actions, and convictions for domestic violence involving members of the armed forces and officers and employees of the Department of Defense during the preceding year.", "id": "H4DA8A44A9B064210A8F9888F55BEBF30", "header": "Domestic violence: annual reports" }, { "text": "303. Investigations of sexual and domestic violence cases involving Department of Defense personnel \n(a) Establishment \nChapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 144. Director of Special Investigations \n(a) Appointment \nThere is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among civilians who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking. The Director reports directly to the Secretary of Defense. (b) Senior executive service position \nThe position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. (c) Duties \nSubject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe. (d) Data compliance and reporting \n(1) The Director shall obtain, compile, store, monitor, and (in accordance with this section) report information on each allegation of domestic violence, family violence, sexual assault, sexual misconduct, or stalking of a member of the armed forces or of a family member of a member of the armed forces against a member of the armed forces, against a family member of a member of the armed forces, or against a civilian not a family member of a member of the armed forces that is received by a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. (2) The information compiled pursuant to paragraph (1) shall include the following: (A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. (B) The number of such complaints that are investigated. (C) In the case of each complaint— (i) the organization that investigated the complaint (if investigated); (ii) the disposition of the complaint upon completion or other termination of the investigation; and (iii) the status of results of any judicial action, nonjudicial disciplinary action, or other action taken. (D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including— (i) the number disposed of in a court-martial; (ii) the number disposed of in a court of the United States; (iii) the number disposed of in a court of a State or territory of the United States or in a court of a political subdivision of a State or territory of the United States; (iv) the number disposed of by a plea of guilty; (v) the number disposed of by a trial on a contested basis; and (vi) the number disposed of on any other basis. (E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. (3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, the Committees on Armed Services and the Committees on the Judiciary of the Senate and House of Representatives, any law enforcement agency concerned, and any court concerned. The information obtained, compiled, and transmitted to Congress shall be made available via an Internet website maintained by the Department of Defense. (e) Direct Investigations \nThe Director shall investigate each allegation of sexual misconduct, sexual assault, family violence, stalking, or domestic violence referred to in subsection (d)(1)— (1) that is made directly to, or that is referred to, the Director, including such an allegation that is made or referred to the Director— (A) by a victim of the alleged sexual misconduct, domestic violence, family violence, sexual assault, or stalking who is a member of the armed forces or a family member of a member of the armed forces; or (B) by an investigative organization of the Department of Defense or one of the military departments; or (C) by a commander of a member of the armed forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or (2) that the Secretary directs the Director to investigate. (f) Oversight and quality control of other investigations \n(1) The Director shall monitor the conduct of investigations by units, offices, agencies, and other organizations within the Department of Defense regarding allegations of sexual misconduct, sexual assault, domestic violence, family violence and stalking. (2) In carrying out paragraph (1), the Director shall inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. (3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, and an evaluation of each investigator and the investigative organization involved in the investigation. (4) The Director shall conduct training within units, offices, agencies, and other organizations within the Department of Defense. The training shall include the report entitled Adapting Military Sex Crimes Investigations to Changing Times. The training shall be conducted in collaboration with— (A) individuals or organizations with demonstrated experience and expertise in the organization and management of investigative agencies, including the Federal Law Enforcement Training Center; and (B) individuals and organizations with demonstrated experience and expertise in the dynamics of trauma for victims of domestic violence, sexual assault, family violence, and stalking, including the National Crime Victims Center, the National Crime Victims Law Institute, the Sidran Foundation, and the National Center on Post-Traumatic Stress Disorder. (g) Powers \nIn the performance of the duties set forth or authorized in this section, the Director shall have the following powers: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director. (2) To request such information or assistance as may be necessary for carrying out the Director’s duties from any Federal, State, or local governmental agency or unit thereof. (3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director’s duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (4) To serve subpoenas, summons, and any judicial process related to the performance of any of the Director’s duties. (5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the Director’s duties, which oath, affirmation, or affidavit, when administered or taken by or before an employee designated by the Director, shall have the same force and effect as if administered or taken by or before an officer having a seal. (6) To have direct and prompt access to the Secretary of Defense, the Secretary of a military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (7) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking from any military command a no contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim. (8) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence or stalking from any facility of the uniformed services or any other health care facility of the Federal Government or, by contract, from any other source, medical services and counseling and other mental health services for treating or investigating including— (A) injuries resulting from the sexual misconduct, sexual assault, domestic violence, family violence, or stalking; (B) rape evidence kits; (C) DNA collection and processing; (D) photographs of injuries; and (E) other mental and physiological results of the sexual misconduct or domestic violence. (9) To relocate any alleged offender during an investigation in order to ensure the safety of a victim. (h) Referrals for prosecution \n(1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to— (A) a United States Attorney, or another appropriate official in the Department of Justice, for prosecution; or (B) to an appropriate commander within the armed forces for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action. (2) The Director shall report each such referral to the Secretary of Defense. (i) Staff \n(1) The Director shall have— (A) a staff of investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking; (B) a staff of attorneys sufficient to provide the Director, the criminal investigators, and the Director’s other staff personnel with legal counsel necessary for the performance of the duties of the Director; (C) a staff of counseling referral specialists; and (D) such other staff as is necessary for the performance of the Director’s duties. (2) To the maximum extent practicable, the staff of the Director shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. The staff shall also reflect the race, gender, and cultural diversity of the victims filing complaints within the military departments. (j) Reports to director \nEach member of the armed forces and each officer or employee of the Department of Defense who, in the official capacity of that member, officer, or employee, receives an allegation of sexual misconduct, sexual assault, domestic violence, family violence, or stalking shall submit to the Director notification of that allegation, together with such information as the Director may require for the purpose of carrying out the Director’s duties. (k) Annual report on sexual misconduct and domestic violence \nNot later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress a report on the number and disposition of cases of sexual misconduct, sexual assault, family violence, stalking, and domestic violence by or involving members of the armed forces and officers and employees of the Department of Defense during the preceding year. (l) Definitions \nIn this section: (1) The term sexual misconduct includes the following: (A) Sexual harassment, including any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to the punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline referred to in clause (i) that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (2) The term domestic violence includes the following: (A) Domestic violence. (B) Spouse abuse. (C) Intimate partner violence. (D) Stalking. (E) Child abuse, neglect, and maltreatment. (3) The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.. (b) Clerical Amendment \nThe table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 144. Director of Special Investigations. (c) Authorization of Appropriations \nThere is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Director of Special Investigations in the Department of Defense. Funds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences, and other administrative costs associated with conducting activities under this section; and (2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing law enforcement, criminal justice, and investigative protocols and procedures in response to domestic violence, family violence, sexual assault, and stalking, including the Federal Law Enforcement Training Center, the American Prosecutors Research Institute, and the National District Attorneys Association. Technical assistance and training under paragraph (2) may be offered to elements of the Armed Forces, installations, or commands in the process of developing investigative procedures, whether they are receiving funds under this section or not.", "id": "HF4E358704D074F7D90A1D37CFC2C37E6", "header": "Investigations of sexual and domestic violence cases involving Department of Defense personnel" }, { "text": "144. Director of Special Investigations \n(a) Appointment \nThere is a Director of Special Investigations in the Department of Defense. The Director is appointed by the Secretary of Defense from among civilians who have a significant level of experience in criminal investigations and possess a significant level of training and expertise in domestic violence, family violence, sexual assault, or stalking. The Director reports directly to the Secretary of Defense. (b) Senior executive service position \nThe position of Director of Special Investigations is a Senior Executive Service position. The Secretary shall designate the position as a career reserved position under section 3132(b) of title 5. (c) Duties \nSubject to the authority, direction, and control of the Secretary of Defense, the Director of Special Investigations shall perform the duties set forth in this section and such other related duties as the Secretary may prescribe. (d) Data compliance and reporting \n(1) The Director shall obtain, compile, store, monitor, and (in accordance with this section) report information on each allegation of domestic violence, family violence, sexual assault, sexual misconduct, or stalking of a member of the armed forces or of a family member of a member of the armed forces against a member of the armed forces, against a family member of a member of the armed forces, or against a civilian not a family member of a member of the armed forces that is received by a member of the armed forces or an officer or employee of the Department of Defense in the official capacity of that member, officer, or employee. (2) The information compiled pursuant to paragraph (1) shall include the following: (A) The number of complaints containing an allegation referred to in paragraph (1) that are received as described in that paragraph. (B) The number of such complaints that are investigated. (C) In the case of each complaint— (i) the organization that investigated the complaint (if investigated); (ii) the disposition of the complaint upon completion or other termination of the investigation; and (iii) the status of results of any judicial action, nonjudicial disciplinary action, or other action taken. (D) The number of complaints that were disposed of by formal adjudication in a judicial proceeding, including— (i) the number disposed of in a court-martial; (ii) the number disposed of in a court of the United States; (iii) the number disposed of in a court of a State or territory of the United States or in a court of a political subdivision of a State or territory of the United States; (iv) the number disposed of by a plea of guilty; (v) the number disposed of by a trial on a contested basis; and (vi) the number disposed of on any other basis. (E) The number of complaints that were disposed of by formal adjudication in an administrative proceeding. (3) The Director shall make the information obtained and compiled under this subsection available to the Secretary of Defense, the Secretaries of the military departments, the Committees on Armed Services and the Committees on the Judiciary of the Senate and House of Representatives, any law enforcement agency concerned, and any court concerned. The information obtained, compiled, and transmitted to Congress shall be made available via an Internet website maintained by the Department of Defense. (e) Direct Investigations \nThe Director shall investigate each allegation of sexual misconduct, sexual assault, family violence, stalking, or domestic violence referred to in subsection (d)(1)— (1) that is made directly to, or that is referred to, the Director, including such an allegation that is made or referred to the Director— (A) by a victim of the alleged sexual misconduct, domestic violence, family violence, sexual assault, or stalking who is a member of the armed forces or a family member of a member of the armed forces; or (B) by an investigative organization of the Department of Defense or one of the military departments; or (C) by a commander of a member of the armed forces alleged to have engaged in sexual misconduct, sexual assault, domestic violence, family violence, or stalking or to have been the victim of sexual misconduct, sexual assault, domestic violence, family violence, or stalking; or (2) that the Secretary directs the Director to investigate. (f) Oversight and quality control of other investigations \n(1) The Director shall monitor the conduct of investigations by units, offices, agencies, and other organizations within the Department of Defense regarding allegations of sexual misconduct, sexual assault, domestic violence, family violence and stalking. (2) In carrying out paragraph (1), the Director shall inspect any investigation conducted or being conducted by any other organization within the Department of Defense, review the records of an investigation, and observe the conduct of an ongoing investigation. (3) The Director shall report to the Secretary on any investigation monitored pursuant to paragraph (1). The report may include the status of the investigation, an evaluation of the conduct of the investigation, and an evaluation of each investigator and the investigative organization involved in the investigation. (4) The Director shall conduct training within units, offices, agencies, and other organizations within the Department of Defense. The training shall include the report entitled Adapting Military Sex Crimes Investigations to Changing Times. The training shall be conducted in collaboration with— (A) individuals or organizations with demonstrated experience and expertise in the organization and management of investigative agencies, including the Federal Law Enforcement Training Center; and (B) individuals and organizations with demonstrated experience and expertise in the dynamics of trauma for victims of domestic violence, sexual assault, family violence, and stalking, including the National Crime Victims Center, the National Crime Victims Law Institute, the Sidran Foundation, and the National Center on Post-Traumatic Stress Disorder. (g) Powers \nIn the performance of the duties set forth or authorized in this section, the Director shall have the following powers: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available in the Department of Defense which relate to the duties of the Director. (2) To request such information or assistance as may be necessary for carrying out the Director’s duties from any Federal, State, or local governmental agency or unit thereof. (3) To require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the Director’s duties, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (4) To serve subpoenas, summons, and any judicial process related to the performance of any of the Director’s duties. (5) To administer to or take from any person an oath, affirmation, or affidavit whenever necessary in the performance of the Director’s duties, which oath, affirmation, or affidavit, when administered or taken by or before an employee designated by the Director, shall have the same force and effect as if administered or taken by or before an officer having a seal. (6) To have direct and prompt access to the Secretary of Defense, the Secretary of a military department, and any commander when necessary for any purpose pertaining to the performance of the Director’s duties. (7) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence, or stalking from any military command a no contact order or from a court of appropriate jurisdiction an order of protection, respectively, to safeguard the victim. (8) To obtain for any victim of sexual misconduct, sexual assault, family violence, domestic violence or stalking from any facility of the uniformed services or any other health care facility of the Federal Government or, by contract, from any other source, medical services and counseling and other mental health services for treating or investigating including— (A) injuries resulting from the sexual misconduct, sexual assault, domestic violence, family violence, or stalking; (B) rape evidence kits; (C) DNA collection and processing; (D) photographs of injuries; and (E) other mental and physiological results of the sexual misconduct or domestic violence. (9) To relocate any alleged offender during an investigation in order to ensure the safety of a victim. (h) Referrals for prosecution \n(1) The Director may refer any case of sexual misconduct, domestic violence, family violence, sexual assault, or stalking described in subsection (d)(1) to— (A) a United States Attorney, or another appropriate official in the Department of Justice, for prosecution; or (B) to an appropriate commander within the armed forces for action under chapter 47 of this title (the Uniform Code of Military Justice) or other appropriate action. (2) The Director shall report each such referral to the Secretary of Defense. (i) Staff \n(1) The Director shall have— (A) a staff of investigators who have extensive experience in criminal investigations and demonstrated expertise in domestic violence, family violence, sexual assault, or stalking; (B) a staff of attorneys sufficient to provide the Director, the criminal investigators, and the Director’s other staff personnel with legal counsel necessary for the performance of the duties of the Director; (C) a staff of counseling referral specialists; and (D) such other staff as is necessary for the performance of the Director’s duties. (2) To the maximum extent practicable, the staff of the Director shall be generally representative of the population of the United States with regard to race, gender, and cultural diversity. The staff shall also reflect the race, gender, and cultural diversity of the victims filing complaints within the military departments. (j) Reports to director \nEach member of the armed forces and each officer or employee of the Department of Defense who, in the official capacity of that member, officer, or employee, receives an allegation of sexual misconduct, sexual assault, domestic violence, family violence, or stalking shall submit to the Director notification of that allegation, together with such information as the Director may require for the purpose of carrying out the Director’s duties. (k) Annual report on sexual misconduct and domestic violence \nNot later than April 1, 2005, and January 15 of each year thereafter, the Secretary of Defense shall submit to Congress a report on the number and disposition of cases of sexual misconduct, sexual assault, family violence, stalking, and domestic violence by or involving members of the armed forces and officers and employees of the Department of Defense during the preceding year. (l) Definitions \nIn this section: (1) The term sexual misconduct includes the following: (A) Sexual harassment, including any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of this title (the Uniform Code of Military Justice), comprises a violation of a provision of subchapter X of such chapter (relating to the punitive articles of such Code) or an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline referred to in clause (i) that is applicable to such employee or family member. (B) Sexual abuse. (C) Sexual assault. (D) Sexual battery. (E) Rape. (2) The term domestic violence includes the following: (A) Domestic violence. (B) Spouse abuse. (C) Intimate partner violence. (D) Stalking. (E) Child abuse, neglect, and maltreatment. (3) The term complaint, with respect to an allegation of sexual misconduct, family violence, sexual assault, stalking, or domestic violence, includes a report of such allegation.", "id": "H3004496801BF4E5F8F78C4B6DA25A7FD", "header": "Director of Special Investigations" }, { "text": "401. Protection of communications between victims and advocates \n(a) Restricting Communication Prohibited \nSubsection (a) of section 1034 of title 10, United States Code, is amended by inserting before the period at the end the following: or the Office of the Victims’ Advocate or a Victims’ Advocate within the Department of Defense. (b) Prohibition of retaliatory personnel actions \nSubsection (b)(1) of such section is amended— (1) in subparagraph (A), by striking or an Inspector General and inserting , an Inspector General, or the Office of the Victims’ Advocate or a Victims’ Advocate ; and (2) in subparagraph (A)— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following new clause: (iii) The Office of the Victims’ Advocate or a Victims’ Advocate.. (c) Inspector General Investigations \nSubsection (c)(2) of such subsection is amended by inserting , sexual assault, domestic violence, family violence, stalking, in subparagraph (A) after sexual harassment.", "id": "H6B08ABBEBE8745C586266D1106BFFED", "header": "Protection of communications between victims and advocates" }, { "text": "402. Whistleblower protections for victim advocates \n(a) Restricting communications with victims and survivors prohibited \n(1) No person may restrict a victim advocate within the Department of Defense in communicating with a victim or survivor of domestic violence, sexual assault, family violence, intimate partner violence, or stalking. (2) Paragraph (1) does not apply to a communication that is unlawful. (b) Prohibition of retaliatory personnel actions \n(1) No person may take or threaten to take an unfavorable personnel action, or withhold or threaten to withhold a favorable personnel action, against a victim advocate as a reprisal for— (A) providing services to victims and survivors of domestic violence, sexual assault, family violence, intimate partner violence, or stalking; (B) a communication to a Member of Congress or an Inspector General; (C) a communication with military law enforcement, military criminal investigators, judge advocates, or command; (D) a communication with civilian law enforcement, county, State, or United States attorneys, court officials, probation officers, or victim service providers; or (E) a communication with any other person or organization, including any person or organization in the chain of command, in the course of providing services to a victim or survivor. (2) Any action prohibited by paragraph (1), including the threat to take any action and the withholding or threat to withhold any favorable action, shall be considered for the purposes of this section to be a personnel action prohibited by this subsection. (c) Investigation of allegations of prohibited personnel actions \n(1) If a victim advocate submits to an Inspector General an allegation that a personnel action prohibited by subsection (b) has been taken or threatened against the victim advocate with respect to communication described in paragraph (2), the Inspector General shall take the action required under paragraph (3). (2) A communication described in this paragraph is a communication which a victim advocate reasonably believes constitutes evidence of any of the following: (A) A violation of law or regulation, including a law or regulation prohibiting domestic violence, sexual assault, or stalking. (B) Gross mismanagement, an abuse of authority, or a substantial danger to community safety or public health. (3) (A) If the Inspector General receiving an allegation as described in paragraph (1) is an Inspector General within a military department, that Inspector General shall promptly notify the Inspector General of the Department of Defense of the allegation. Such notification shall be made in accordance with regulations prescribed under subsection (f). (B) An Inspector General receiving such an allegation shall expeditiously determine, in accordance with regulations prescribed under subsection (f), whether there is sufficient evidence to warrant an investigation of the allegation. (C) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation. (D) The Inspector General of the Department of Defense shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the victim advocate submitting the allegation and the individual or individuals alleged to have taken the retaliatory action. (d) Investigation of underlying allegations \nUpon receiving an allegation under subsection (c), the Inspector General receiving the allegation shall conduct a separate investigation of the information that the victim advocate making the allegation believes constitutes evidence of wrongdoing as described in subparagraph (A) or (B) of subsection (c)(2) if there previously has not been such an investigation or if the Inspector General determines that the original investigation was biased or otherwise inadequate. (e) Reports on investigations \n(1) After completion of an investigation under subsection (c) or (d), the Inspector General conducting the investigation shall submit a report on the results of the investigation to the Secretary of Defense and Director of the Office of the Victims’ Advocate and shall transmit a copy of the report on the results of the investigation to the victim advocate who made the allegation investigated. The report shall be transmitted to the Secretary of Defense and the Director of the Office of the Victims’ Advocate, and the copy of the report shall be transmitted to the victim advocate, not later than 30 days after the completion of the investigation. (2) In the copy of the report transmitted to the victim advocate, the Inspector General shall ensure that the maximum disclosure of information possible, with the exception of information that is not required to be disclosed under section 552 of title 5, United States Code. However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the victim advocate, if the victim advocate requests the items, with the copy of the report or after the transmittal to the victim advocate of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the victim advocate. (3) If, in the course of an investigation of an allegation under this section, the Inspector General determines that it is not possible to submit the report required by paragraph (1) within 180 days after the date of receipt of the allegation being investigated, the Inspector General shall provide to the Secretary of Defense and to the victim advocate making the allegation a notice— (A) of that determination, including the reasons why the report may not be submitted within that time; and (B) of the time when the report will be submitted. (4) The report on the results of the investigation shall contain a thorough review of the facts and circumstances relevant to the allegation and the complaint or disclosure and shall include documents acquired during the course of the investigation, including summaries of interviews conducted. The report may include a recommendation as to the disposition of the complaint. (f) Regulations \n(1) The Secretary of Defense shall prescribe regulations to carry out this section. In prescribing such regulations the Secretary of Defense shall provide for appropriate procedural protections for the subject of any investigation carried out under this section, including a process of appeal and review of investigative findings. (2) The Secretary shall provide in such regulations that a violation of the prohibition in this section by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is punishable as a violation of section 892 of that title. (3) Such regulations shall be prescribed not later than 120 days after the date of the enactment of this Act.", "id": "H49F304B3550444FE9F8724B31E8386A3", "header": "Whistleblower protections for victim advocates" }, { "text": "403. Prohibition of compulsory disclosure of certain communications and information \n(a) Prohibition \nA victim representative may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, disciplinary, civil, legislative, or administrative proceeding. (b) Definitions \nFor purposes of this section: (1) Appropriate consent \nThe term appropriate consent means— (A) the consent of the victim, with respect to testimony of— (i) an adult victim; or (ii) a victim representative, if the victim is an adult; and (B) the consent of the victim’s parent, legal guardian, or guardian ad litem, with respect to the testimony of— (i) a victim who is a minor or incompetent to testify; or (ii) a victim representative if the victim is a minor or incompetent to testify. (2) Victim representative \nThe term victim representative means a victim advocate, victim witness liaison, victim support liaison, or victim counselor. (c) Emergency shelter protection \nA victim or victim representative may not be compelled to provide testimony in a civil, criminal, legislative, disciplinary, or administrative proceeding that would identify— (1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; or (2) the name, address, or telephone number of a victim representative. (d) Waiver by minor \nA minor may waive the privilege provided under subsection (a) and testify, or give consent for a victim representative to testify, if the court or hearing officer determines that the minor is capable of knowingly waiving the privilege. (e) Exception to Waiver Authority \nNotwithstanding subsection (a), a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under subsection (a) with respect to the minor’s testimony or the testimony of a victim representative if— (1) the parent or legal guardian has been charged with a crime against the minor; (2) a protective order, no contact order or restraining order has been entered against the parent or legal guardian on request of or behalf of the minor; or (3) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of privilege.", "id": "H69D4FC5D5EC3468EA3D467FBE00DC66", "header": "Prohibition of compulsory disclosure of certain communications and information" }, { "text": "501. Performance evaluations and benefits \n(a) Requirement \nThe Secretary of Defense shall prescribe in regulations a requirement that, in the case of any member of the Army, Navy, Air Force, or Marine Corps and any officer or employee of the Department of Defense, the commitment of the member, or the officer or employee, to the elimination of sexual harassment, sexual misconduct, sexual assault, domestic violence, family violence, and stalking in the place of work or duty of the member, or the officer or employee, and at installations and other facilities of the Department of Defense shall be one of the factors considered in— (1) the evaluation of the performance of work or duties of the member or the officer or employee; (2) the determination of the appropriateness of a promotion of the member or the officer or employee; and (3) the determination of the appropriateness of selecting the member or the officer or employee to receive a financial award for performance of work or duties. (b) Annual report to Congress \nThe Secretary shall submit to Congress an annual report on the implementation of the regulations required by subsection (a). The report shall contain an assessment of the effects of the implementation of such regulations on the number, extent, and seriousness of the cases of domestic violence, sexual misconduct, sexual assault, family violence, and stalking in the Department of Defense. The annual report under this subsection shall be separate from the annual report required by section 144(k) of title 10, United States Code. (c) Eligibility for Promotion and Awards \nThe Secretary of Defense and the Secretary of the military department concerned may not approve for presentation of a financial award for performance of work or duties or for promotion an officer or employee of the Department of Defense or a member of the Armed Forces who— (1) has been convicted of a criminal offense involving domestic violence, family violence, sexual assault, sexual misconduct, or stalking; or (2) has received any other disciplinary action or adverse personnel action on the basis of having engaged in domestic violence, sexual assault, sexual misconduct, family violence, or stalking.", "id": "HAE12B44587A74C55A5F7F3161EBD1893", "header": "Performance evaluations and benefits" }, { "text": "601. Awareness, prevention, and intervention campaign \n(a) Awards authorized \nThe Secretary of Defense (in this section referred to as the Secretary ), acting through the Director of the Office of the Victims’ Advocate, is authorized to award contracts to any eligible entity to support the crisis intervention services of the Department of Defense for victims of domestic violence, sexual assault, family violence, and stalking in the Department of Defense. (b) Eligible entities \nIn this section, the term eligible entity means any of the following: (1) The National Domestic Violence Hotline. (2) The National Sexual Assault Hotline. (3) The American Women Overseas Hotline. (c) Purpose of contract \nAn entity awarded a contract under subsection (a) shall— (1) include in the services provided under the contract the availability of a toll-free telephone number (commonly referred to as an 800 number); (2) ensure that information about services and resources available to military personnel, families, and partners— (A) is revised and updated as appropriate; (B) is made available and visibly posted at appropriate facilities within the Department of Defense; and (C) is made available through appropriate public information services; (3) provide for coordination with the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, to ensure that individuals are provided appropriate information about programs, requirements, and procedures for military and civilian resources, services, counseling, and treatment; (4) provide support services for military personnel, families, and partners for the purpose of developing and strengthening effective prevention and intervention strategies with response to servicemembers, family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking; (5) develop and implement policies regarding appropriate, safe responses, and identification and referral procedures for servicemembers, family members, and partners experiencing domestic violence, family violence, sexual assault, and stalking; (6) provide linguistically and culturally appropriate services, or linkages to existing services in the community, tailored to the needs of victims and survivors associated with the Armed Forces; and (7) provide the necessary human resources to respond to the needs of servicemembers, family members, and partners who are experiencing domestic violence, family violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call and who possesses demonstrated experience as a service provider to victims associated with the Armed Forces. (d) Applications \n(1) In general \nAn eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements in this section. (2) Contents \nAn application under paragraph (1) shall— (A) outline and describe the activities to be undertaken to promote prevention, interventions and collaboration; (B) identify the members of the entity submitting the application who will be responsible for carrying out the activities described in subparagraph (A); (C) ensure that communities or agencies affected by the activities described in subparagraph (A) are adequately represented in the development of the application, resources, training, and follow on activities to be undertaken, and that they have a significant role in evaluating the success of the project; (D) include documentation of any history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-based programs, and other needs of victims of domestic violence, sexual assault, family violence, and stalking; (E) provide assurances that training and other activities will be provided to all types of staff, will address appropriate practices for dissemination of information, referrals, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the training and collaboration activities will enhance or ensure the safety and security of Armed Forces personnel, family members, and partners where domestic violence, sexual assault, family violence, or stalking occurs by providing appropriate resources, protection, and support to victims; (G) outline the services to be provided, including information and referrals to both military and civilian resources; (H) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based support and resources; and (I) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (e) Considerations \n(1) In providing information on services, resources, counseling, and advocacy available to Armed Forces personnel, family members, and partners, the Secretary shall ensure that the personnel who provide assistance under this section are trained to provide to persons who have experienced sexual assault, domestic violence, family violence, and stalking information about the services, care, and treatment relating to domestic violence, family violence, sexual assault, and stalking available in the communities in which the victim resides, including care and services available under programs of the Department of Defense and the Department of Veterans Affairs and from non-military and non-veteran agencies and organizations. (2) The Secretary shall ensure that the telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place a call to the system. (3) The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in medical facilities, commissary and exchange facilities, and Family Advocacy Program and Victims’ Advocate Program facilities of the Department and is advertised through public service announcements and pamphlets, and by other means. (f) Duration of awards \nThe Secretary shall make the awards under this section for a period of one year. The awards may be renewed. (g) Award amounts \nEach award under this section shall be in an amount of not more than $500,000 per year. (h) Confidentiality \n(1) In order to ensure the safety of victims of domestic violence, sexual assault, family violence, or stalking and their families, the hotline service provider shall protect the confidentiality and privacy of persons receiving services. The hotline service provider shall not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The hotline service provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the hotline services provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. If such personally identifying information is or will be revealed, the hotline service provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The hotline service provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. (2) In this subsection, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. (i) Nonsupplantation \nAny Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. (j) Matching funds \nFor the purposes of this section, a nonprofit, nongovernmental victim services program receiving funds under this section may not be required to provide matching funds as a condition of receiving an award under this section. (k) Reports \nAn entity receiving funds under this section shall submit to the Secretary a report that describes, at a minimum— (1) how the funds under the program were used and the extent to which Armed Forces personnel, family members, or partners were served; (2) the adequacy of staff training and services to ensure that the needs of Armed Forces members, family members, or partners were met; and (3) the existence of continuing barriers the entity faces to more fully addressing the needs of Armed Forces members, family members, or partners. (l) Authorization of Appropriation \nThere is authorized to be appropriated for each of fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $500,000 to carry out this section. (m) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for each fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences, and other administrative costs associated with conducting activities under this section; and (2) shall use not less than 5 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing system responses to domestic violence, family violence, sexual assault and stalking. Technical assistance and training under paragraph (2) may be offered to elements of the Armed Forces, installations, and commands in the process of developing community responses, whether they are receiving funds under this section or not.", "id": "HB93383CEC9F64A8C86CE3DD3BB4DD0C9", "header": "Awareness, prevention, and intervention campaign" }, { "text": "701. Findings \nCongress makes the following findings: (1) A study published in the New England Journal of Medicine reported that one in six soldiers of the Iraq War displays symptoms of post-traumatic stress disorder (PTSD). (2) Clinical experts are anticipating an increase in the number of post-traumatic stress disorder cases among members of the Armed Forces in light of the increasing duration of military deployments. (3) Studies conducted by the Department of Defense indicate an increase in domestic violence cases following deployments. (4) Victims of domestic violence, family violence, sexual assault, and stalking display symptoms of post-traumatic stress disorder and other psychosocial symptoms following the onset of violence. (5) Sixty-six percent of victims of sexual assault display symptoms of post-traumatic stress disorder referred to as rape trauma or military sexual trauma. Ninety percent of sexual assault victims experience the onset of post-traumatic stress disorder within one month of the assault. Fifty percent of sexual assault victims display symptoms of post-traumatic stress disorder up to six months following the assault. One-third of victims of sexual assault display symptoms of post-traumatic stress disorder more than six months later. (6) The Secretary of Defense is required to ensure, in accordance with Federal law, that the Department of Defense maintains its capacity to provide treatment and rehabilitative needs of active duty personnel and military families within programs or facilities of the Department.", "id": "HA9D1688F0C6645CA8D42A71DF556E423", "header": "Findings" }, { "text": "702. Enhanced Department of Defense treatment capacity \n(a) Additional personnel authorized \nThe Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, may award contracts for additional personnel, including sexual assault nurse examiners, social workers, psychiatrists, and other mental health services specialists in medical centers and outpatient facilities specializing in the diagnosis and treatment of post-traumatic stress disorder, rape trauma, military sexual trauma, domestic violence, family violence, stalking, sex offender behavior, or batterer intervention. (b) Use of funds \nFunds made available pursuant to the authorization of appropriations in subsection (c) shall, to the extent funds are available for such purpose, be used to employ at least one sexual assault nurse examiner and psychiatrist, and a complimentary clinical team at each medical facility operated by the Department of Defense in order to conduct a specialized program at that facility for the diagnosis and treatment of post-traumatic stress disorder, rape trauma, and military sexual trauma. (c) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 through 2009.", "id": "HD4D7112E80D84BB7A57CB0421300909E", "header": "Enhanced Department of Defense treatment capacity" }, { "text": "703. Outreach program at the community level \n(a) Program \nThe Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall carry out a program to provide outreach at the community level to members of the Armed Forces on active duty and family members of such members who are victims of domestic violence, sexual assault, family violence, or stalking. (b) Program sites \nThe outreach program shall be carried out on a nation-wide basis through facilities of the Department of Defense. (c) Program content \nIn conducting the outreach program, the Secretary shall provide for individualized case management to be conducted on a one-to-one basis, counseling, education, and group therapy to help participants cope with trauma. Through the program, the Secretary shall— (1) emphasize early identification of victims experiencing post-traumatic stress disorder, rape trauma, military sexual trauma, domestic violence, family violence, or stalking; (2) include group-oriented, peer-to-peer settings for treatment; (3) acknowledge that the causal factors of domestic violence, sexual assault, family violence, and stalking include power and control; (4) provide victims of sexual assault with timely and confidential access to the necessary standard of post-sexual assault medical care, including rape evidence kits, sexually transmitted disease screening and treatment, HIV screening and treatment, FDA-approved methods of pregnancy prevention, including emergency contraception and reproductive services, including all services as authorized by section 1093 of title 10, United States Code; and (5) provide that health information packets given to members of the Armed Forces and their family members include information about how to access timely and confidential post-sexual assault medical care, including rape evidence kits, sexually transmitted disease screening and treatment, HIV screening and treatment, and FDA-approved methods of pregnancy prevention, including emergency contraception. (d) Program models \nThe Secretary shall establish and carry out the program following a comprehensive review of programs, including programs of the Department of Veterans Affairs, of State, and local governments, and of private, nonprofit, or nongovernmental organizations specializing in the treatment of victims of domestic violence, sexual assault, family violence, or stalking.", "id": "HBC4B15AE63174B44B713C19BF10A291", "header": "Outreach program at the community level" }, { "text": "704. Equal treatment and services \nThe Secretary of Defense shall develop and adopt policies to prohibit the disparate treatment of females in placement and treatment, and establishing gender specific services to ensure that females have access to the full range of health and mental health services, treatment for physical and sexual assault and abuse, education in parenting, education in general, and other training and vocational services.", "id": "H86DA6F12741D4BCFAE0048FDBC3DBAEA", "header": "Equal treatment and services" }, { "text": "705. Evaluation of services and treatment within deployed units \n(a) Assessment of deployed units \nThe Secretary of Defense shall assess the availability and accessibility within deployed units of rape evidence kits, testing supplies for sexually transmitted infections and diseases (STIs), for HIV, and for pregnancy, emergency contraception, transportation, resources, and medication. The assessment shall include an inventory of supplies, trained personnel, and transportation resources assigned or deployed. The assessment shall be completed no later than 30 days after the date of the enactment of this Act. (b) Action plan for deployed units \nThe Secretary shall develop a plan to enhance accessibility and availability of supplies, trained personnel, and transportation resources in response to sexual assaults occurring in deployed units. (c) Reports \n(1) The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report as to the supply inventory, location, accessibility, and availability of supplies, trained personnel, and transportation resources, and the strategic plan developed under subsection (b) to enhance the same in response to sexual assault in deployed units, within 45 days of the enactment of this Act. (2) The Secretary shall submit to those committees a report on implementation of that strategic plan within 90 days of the enactment of this Act.", "id": "H84C6F6C3139041278885E360CF79E54B", "header": "Evaluation of services and treatment within deployed units" }, { "text": "706. Emergency medical leave \nSection 709 of title 10, United States Code, is amended— (1) in subsection (b)(3), by inserting before the period at the end the following: except that in a case of sexual assault, domestic violence, family violence, or stalking, the period of such an emergency leave of absence may exceed 14 days but may not extend for a period of more than 30 days ; and (2) in subsection (c)(1)— (A) by striking or at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) sexual assault, domestic violence, family violence, or stalking; or.", "id": "H1F83026B84B04395A24CC1C6E278EFE", "header": "Emergency medical leave" }, { "text": "707. Reports \nThe Secretary of Defense shall submit to Congress a report setting forth the results of such review not later than 90 days after the date of the enactment of this Act. The Secretary shall submit every 18 months thereafter a report that describes— (1) the extent to which military personnel and family members were served; (2) the adequacy of staff training and services to ensure that needs of Armed Forces members and family members, including transportation and location; and (3) the existence of continuing barriers to more fully addressing the needs of members of the Armed Forces and their family members.", "id": "H97A1ABFA418E46518716B079CA9E701C", "header": "Reports" }, { "text": "708. Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking \nThe Secretary of each military department shall take special care in providing for a seamless transition from Department of Defense health care services to Department of Veterans Affairs health care services in the case of any member of the Armed Forces who is being discharged or separated from active duty and who has been identified as a victim or perpetrator of domestic violence, sexual assault, family violence, or stalking.", "id": "HBA0681EC8C2B4B438DEBD0722CAB5D3F", "header": "Transition to veterans health care for victims or perpetrators of domestic violence, sexual assault, family violence, or stalking" }, { "text": "709. Privacy safeguards \n(a) In general \nIn order to ensure the safety of victims of domestic violence, family violence, sexual assault or stalking and their families, the health care provider shall protect the confidentiality and privacy of persons receiving services. The health care provider may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The health care provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Veterans, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the health care provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. If such personally identifying information is or will be revealed, the health care provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The health care provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Veterans, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. The health care provider may share court-generated information contained in secure, governmental registries. (b) Personally identifying information \nIn this section, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101.", "id": "H39F4557367BB4221B4C6A3C6CB6E63F6", "header": "Privacy safeguards" }, { "text": "801. Enhanced capacity of the Department of Defense for shelter programs and services \n(a) Awards authorized \n(1) In general \nThe Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may award contracts to eligible entities to enable the design, replication, and implementation of shelter services for servicemembers, family members, or partners who experience domestic violence, family violence, sexual assault, or stalking. (2) Eligible entities \nIn this section, the term eligible entity means a public or private, nonprofit, or nongovernmental program the primary purpose of which is to provide shelter services to victims of domestic violence, family violence, sexual assault, or stalking. The entity may be— (A) a community-based organization specializing in intervention or violence prevention services for military servicemembers, family members, or partners; (B) a nonprofit nongovernmental entity providing services primarily to servicemembers, family members, or partners who are victims of domestic violence, family violence, sexual assault, or stalking; (C) a nonprofit, nongovernmental entity providing services for veterans; (D) a nonprofit, nongovernmental entity providing services to homeless individuals; or (E) a governmental program serving servicemembers and family members. (b) Uses of funds \nAn entity awarded a contract under subsection (a) shall— (1) whenever possible, collaborate with existing shelter services in the civilian community to provide appropriate victim services; (2) provide, when appropriate shelter services are not available in the civilian community or are not accessible to Armed Forces personnel, family members, or partners, services on installations or create services in collaboration with a community-based organization; (3) develop and implement policies in the military departments regarding identification and referral procedures and safe response for Armed Forces personnel, family members, and partners who are experiencing domestic violence, family violence, sexual assault or stalking, including procedures for handling the requirements of protective orders (military or civilian) that ensure the safety of the victim and hold the perpetrator accountable; (4) provide aid, including legal, medical, or psychological counseling, to Armed Forces members, family members, or partners, who are experiencing domestic violence, family violence, sexual assault, or stalking; (5) assist with the improvement of delivery of victim services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, family violence, sexual assault and stalking intervention models to respond to the needs of Armed Forces members, family members or partners who are victims of domestic violence, family violence, sexual assault, or stalking; (7) provide the necessary human resources to respond to the needs of Armed Forces members, family members, or partners who are experiencing domestic violence, family violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call, and who possesses demonstrated experience as a service provider to victims associated with the Armed Forces; (8) provide direct counseling and advocacy for Armed Forces members, family members, or partners who have experienced domestic violence, family violence, sexual assault, or stalking; (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; (10) include counseling and mental health services; (11) include legal advocacy efforts on behalf of servicemembers, family members, or partners with respect to domestic violence, family violence, sexual assault, rape, or stalking; and (12) use not use more than 25 percent of the funding to provide additional services and resources for servicemembers, family members, and partners, including childcare, transportation, education support, and respite care. (c) Application \n(1) In general \nAn eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements of this section. (2) Contents \nAn application submitted pursuant to paragraph (1) shall include— (A) an outline and description of the services to be provide to ensure the health and safety of victims of domestic violence, sexual assault, family violence, and stalking; (B) identification of the members of the organization who will be responsible for carrying out services; (C) assurances that communities or agencies affected by collaboration and service providers are adequately represented in the development of the application, and follow on activities to be undertaken, and that they have a significant role in evaluating the success of the project; (D) documentation of any services or advocacy between military entities, domestic violence, sexual assault, family violence, or stalking service providers, courts, law enforcement agencies, community-based programs, and other entities; (E) assurances that services and activities will be provided to all types of staff, will address appropriate practices for prevention, intervention, response, safety, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, family violence, sexual assault or stalking; (F) a description of how the services and activities will enhance or ensure the safety and security of personnel, families and partners where domestic violence, family violence, sexual assault or stalking occurs by providing appropriate resources, protection, and support to victims; (G) an outline of methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) an outline of the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (3) Collaborative partnerships. \nThe eligible entity or service provider shall establish a partnership that— (A) provides appropriate referrals to community-based domestic violence programs or sexual assault victim service providers with the capacity to— (i) support servicemembers, family members, and partners who are victims of domestic violence, sexual assault, family violence, or stalking; and (ii) provide legal assistance and advocacy for victims of domestic violence, family violence, sexual assault or stalking, including, where appropriate, assistance in obtaining and entering orders of protection; (B) provides support and training to assist military entities in supporting servicemembers, family members, or partners dealing with problems related to domestic violence, sexual assault, family violence, or stalking; (C) will identify, assess, and respond appropriately to domestic violence, family violence, sexual assault, or stalking against servicemembers, family members, or partners; (D) provides appropriate resources in family court matters to respond to domestic violence, family violence, sexual assault, or stalking; (E) assures that necessary services dealing with physical and mental health of victims are available; and (F) the military installation commander must submit proof of collaboration with any existing nonprofit nongovernmental service provider for victims of domestic violence, family violence, sexual assault, or stalking located in the region. (d) Contracting considerations \nThe Secretary, in awarding contracts under this section, shall— (1) ensure that such contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Duration of awards \nA contract awarded under this section shall be awarded for a period of three fiscal years. Such a contract may be renewed. (f) Amount \nA contract awarded under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. (g) Confidentiality \n(1) Nondisclosure of confidential information or private information \nIn order to ensure the safety of victims of domestic violence, sexual assault or stalking and their families, the victim services provider under a contract under this section shall protect the confidentiality and privacy of persons receiving services. The victim services provider may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The victim services provider shall not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the victim services provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. If such personally identifying information is or will be revealed, the victim services provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The victim services provider may share nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State, or Territorial reporting, evaluation, or data collection requirements. The victim services provider may share court-generated information contained in secure, governmental registries for protection order enforcement purposes. (2) Personally identifying information \nIn this section, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. (h) Nonsupplantation \nAny Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. (i) Matching funds \nNonprofit, nongovernmental victim services programs receiving funds under this section shall not be required to provide matching funds as a condition of receiving an award. (j) Reports \nAn entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which military personnel, families, and partners were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers, family members, and partners, including transportation and location; and (4) the existence of any continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, and partners. (k) Authorization of appropriations \nThere is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, $5,000,000 to carry out this section. (l) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for each fiscal year, the Secretary— (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section.", "id": "H72FB4DC62DDC4DCEAE23B23BCDEDFE14", "header": "Enhanced capacity of the Department of Defense for shelter programs and services" }, { "text": "901. Amendments to Servicemembers Civil Relief Act \nThe Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended— (1) in section 101(4) ( 50 U.S.C. App. 511(4) )— (A) in the heading, by striking Dependent and inserting Family member ; and (B) by striking dependent and inserting family member ; and (2) in section 202(b)(1) ( 50 U.S.C. App. 522(b)(1) ), by inserting , except in the case of an order of protection or restraining order, after proceeding.", "id": "H130B015E1DBF405A99D7C305A4048603", "header": "Amendments to Servicemembers Civil Relief Act" }, { "text": "1001. Assimilative crimes \nSection 13 of title 18, United States Code, is amended by adding at the end the following: (d) That which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district for conduct that constitutes a sexual assault, sexual abuse, sexual battery, rape, stalking, domestic violence, or family violence offense of the jurisdiction shall be considered to be punishment provided by the jurisdiction..", "id": "H4661B19C5FD54586A5166030522F1916", "header": "Assimilative crimes" }, { "text": "1002. Jurisdiction for sexual assault and domestic violence offenses committed outside the United States \n(a) Extraterritorial Jurisdiction \nSection 3261(a) of title 18, United States Code, is amended by inserting or constitutes a sexual assault, sexual abuse, sexual battery, rape, domestic violence, stalking, or family violence offense after year. (b) Definitions \nSection 3267 of such title is amended by adding at the end the following new paragraphs: (5) The term domestic violence has the meaning given such term in section 2007(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(1) ). (6) The term sexual assault has the meaning given such term in section 2007(6) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–2(6) ). (7) The term sexual misconduct includes— (A) sexual harassment, entailing any conduct involving sexual harassment that— (i) in the case of conduct of a person who is subject to the provisions of chapter 47 of title 10 (the Uniform Code of Military Justice), comprises a violation of— (I) a provision of subchapter X of such chapter (relating to punitive articles of such Code); or (II) an applicable regulation, directive, or guideline regarding sexual harassment that is prescribed by the Secretary of Defense or the Secretary of a military department; and (ii) in the case of an employee of the Department of Defense or a family member subject to the jurisdiction of the Secretary of Defense or of the Secretary of a military department, comprises a violation of a regulation, directive, or guideline that is applicable to such employee or family member; (B) sexual abuse; (C) sexual assault; (D) sexual battery; and (E) rape. (8) Stalking \nThe term stalking means engaging in a course of conduct as proscribed in chapter 110A directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family, when— (A) the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family; and (B) the conduct induces fear in the specific person of death, sexual assault, or bodily injury to himself or herself or a member of his or her immediate family..", "id": "H1BE73DA8B0E64839AB43C24E00ACE086", "header": "Jurisdiction for sexual assault and domestic violence offenses committed outside the United States" }, { "text": "1003. Technical amendments \n(a) Interstate domestic violence \nSection 2261(a) of title 18, United States Code, is amended in each of paragraphs (1) and (2) by inserting after foreign commerce the following: or in the special maritime and territorial jurisdiction of the United States. (b) Protective orders \nSection 2262(a) of such title is amended in each of paragraphs (1) and (2) by inserting after foreign commerce the following: or in the special maritime and territorial jurisdiction of the United States. (c) Full faith and credit for protective orders \nSection 2265(a) of such title is amended by inserting after the court of another State or Indian tribe the following: or of a jurisdiction in the special maritime and territorial jurisdiction of the United States.", "id": "HB26F2934B63F49498B19639BFDE71889", "header": "Technical amendments" }, { "text": "1004. Travel and transportation \nSection 406(h) of title 37, United States Code, is amended by striking only if a written agreement of the member,.", "id": "H60CDA51C1C4B41F49B1254A9404088B5", "header": "Travel and transportation" }, { "text": "1011. Military sexual assault \n(a) Sexual assault \nSection 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual assault \n(a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by displaying, threatening to use, or using a dangerous weapon, or any object fashioned or utilized in such a manner as to lead a victim under the circumstances to reasonably believe the object to be a dangerous weapon; (2) by force or threat of force against that other person; (3) by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) by rendering that other person unconscious and thereby engaging in a sexual act with that other person; (5) (A) by administering to that other person by injection, inhalation, ingestion, transfusion, possession or any other means, without his or her knowledge or by threat or deception, a drug, intoxicant, or other similar substance; or (B) with the knowledge that another person so administered such drug, intoxicant, or other similar substance; (6) during the course of or commission of or attempted commission of any other criminal act; (7) if the sexual act is nonconsensual and the other person has attained the age of 60 years; (8) if the sexual act is nonconsensual and the other person is a physically or mentally challenged person; (9) if the sexual act is nonconsensual and the accused is joined or assisted by another person (other than the accused or the other person) in the sexual act or in physically restraining, assaulting, or sexually assaulting the other person; (10) if the sexual act is nonconsensual and the other person is also caused by any person to engage in another nonconsensual sexual act as part of the same occurrence; or (11) if the sexual act is nonconsensual and the accused has previously been convicted of another offense (whether under this chapter or under any other Federal or State law) that would constitute sexual assault or aggravated sexual assault; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); (2) engages in a sexual act with another person without the consent, knowledge, or permission of that other person; or (3) engages in a sexual act with another person if that other person is— (A) incapable of consent; (B) incapable of appraising the nature of the conduct; or (C) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual assault and shall be punished as a court-martial may direct. (c) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; or (B) is under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. (3) In a prosecution under this subsection, it is a defense, that must be established by a preponderance of the evidence, that the accused reasonably believed that the other person had attained the age of sixteen years. (4) In a prosecution under this section, it is a defense, which the accused must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. The fact that the accuser and the other person engaging in the sexual act were at any other time married to each other is not a defense. (d) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; or (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a prisoner and shall be punished as a court-martial may direct. (e) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the intentional touching of the external genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (5) the intentional touching of the clothing covering the immediate area of another person's genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.. (b) Conforming amendment \nParagraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking rape, and inserting aggravated sexual assault, sexual assault of a minor,. (c) Clerical amendment \nThe item relating to section 920 (article 120) in the table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code, is amended to read as follows: 920. 120. Sexual assault. (d) Effective date \nThe amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. (e) Interim maximum punishments \nUntil the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 920 of the Uniform Code of Military Justice) may not exceed the following limits: (1) For aggravated sexual assault, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. (2) For sexual assault of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. (3) For sexual assault, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. (4) For sexual assault of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 15 years. (f) No preemption \nThe prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense.", "id": "H12DA89E5C23D4C129D3F63B423410000", "header": "Military sexual assault" }, { "text": "920. Art. 120. Sexual assault \n(a) Any person subject to this chapter who knowingly causes another person to engage in a sexual act— (1) by displaying, threatening to use, or using a dangerous weapon, or any object fashioned or utilized in such a manner as to lead a victim under the circumstances to reasonably believe the object to be a dangerous weapon; (2) by force or threat of force against that other person; (3) by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (4) by rendering that other person unconscious and thereby engaging in a sexual act with that other person; (5) (A) by administering to that other person by injection, inhalation, ingestion, transfusion, possession or any other means, without his or her knowledge or by threat or deception, a drug, intoxicant, or other similar substance; or (B) with the knowledge that another person so administered such drug, intoxicant, or other similar substance; (6) during the course of or commission of or attempted commission of any other criminal act; (7) if the sexual act is nonconsensual and the other person has attained the age of 60 years; (8) if the sexual act is nonconsensual and the other person is a physically or mentally challenged person; (9) if the sexual act is nonconsensual and the accused is joined or assisted by another person (other than the accused or the other person) in the sexual act or in physically restraining, assaulting, or sexually assaulting the other person; (10) if the sexual act is nonconsensual and the other person is also caused by any person to engage in another nonconsensual sexual act as part of the same occurrence; or (11) if the sexual act is nonconsensual and the accused has previously been convicted of another offense (whether under this chapter or under any other Federal or State law) that would constitute sexual assault or aggravated sexual assault; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. (b) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); (2) engages in a sexual act with another person without the consent, knowledge, or permission of that other person; or (3) engages in a sexual act with another person if that other person is— (A) incapable of consent; (B) incapable of appraising the nature of the conduct; or (C) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual assault and shall be punished as a court-martial may direct. (c) (1) Any person subject to this chapter who knowingly engages in a sexual act with another person who— (A) has attained the age of twelve years but has not attained the age of sixteen years; or (B) is under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a minor and shall be punished as a court-martial may direct. (2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. (3) In a prosecution under this subsection, it is a defense, that must be established by a preponderance of the evidence, that the accused reasonably believed that the other person had attained the age of sixteen years. (4) In a prosecution under this section, it is a defense, which the accused must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. The fact that the accuser and the other person engaging in the sexual act were at any other time married to each other is not a defense. (d) Any person subject to this chapter who knowingly engages in a sexual act with another person who is— (1) in official detention or confinement; or (2) under the custodial, supervisory, or disciplinary authority of the person so engaging; is guilty of sexual assault of a prisoner and shall be punished as a court-martial may direct. (e) In this section, the term sexual act means— (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; (4) the intentional touching of the external genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (5) the intentional touching of the clothing covering the immediate area of another person's genitalia, perineum, anus, or pubes of another person or the breast of a female person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.", "id": "HF422FD00D3514F6BA41F00802401F6B3", "header": "Sexual assault" }, { "text": "1012. Stalking \n(a) Stalking \nSubchapter X of chapter 47 of title 10, is amended by inserting after section 928 (article 128 of the Uniform Code of Military Justice) the following: 928a. Art. 128a. Stalking \n(a) Any person subject to this chapter who knowingly— (1) travels with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that other person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or the spouse or intimate partner of that other person; or (2) with the intent to kill or injure a person or to place a person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or a spouse or intimate partner of that other person, uses mail, telephone or cellular telephone, electronic communication, or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of such a death or serious bodily injury, is guilty of stalking and shall be punished as a court-martial may direct.. (b) Clerical amendment \nThe table of sections at the beginning of subchapter X of chapter 47 of title 10, is amended by inserting after the item relating to section 928 (article 128 of the Uniform Code of Military Justice) the following new item: 928a. 128a. Stalking. (c) Effective date \nThe amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. (d) Interim maximum punishments \nUntil the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 928a of such title (article 128a of the Uniform Code of Military Justice) may not exceed the following limits: (1) For a stalking if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. (2) For a stalking if permanent disfigurement or life threatening bodily injury to the victim results, such punishment may be twice that as provided including dishonorable discharge, forfeiture of pay and allowances, and confinement for 30 years. (3) For a stalking if serious bodily injury to the victim results or if the accused uses a dangerous weapon, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances and confinement for 20 years. (4) For a stalking that involves an assault involving domestic violence or family violence under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. (e) No preemption \nThe prosecution or punishment of an accused for an offense under section 928a of title 10, United States Code (article 128 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense.", "id": "H7AB35DD1A40A4E7CAC189042F1F56F1E", "header": "Stalking" }, { "text": "928a. Art. 128a. Stalking \n(a) Any person subject to this chapter who knowingly— (1) travels with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that other person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or the spouse or intimate partner of that other person; or (2) with the intent to kill or injure a person or to place a person in reasonable fear of the death of, or serious bodily injury to, that other person, a member of the immediate family of that other person, or a spouse or intimate partner of that other person, uses mail, telephone or cellular telephone, electronic communication, or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of such a death or serious bodily injury, is guilty of stalking and shall be punished as a court-martial may direct.", "id": "H20DDF52EFFD94B69A8EDD61117D468AF", "header": "Stalking" }, { "text": "1013. Domestic violence and family violence \n(a) Assault \nSection 928(b) of title 10, United States Code (article 128(b) of the Uniform Code of Military Justice), is amended— (1) by striking or at the end of paragraph (1); (2) by inserting or at the end of paragraph (2); and (3) by inserting after paragraph (2) the following new paragraph: (3) commits an assault involving domestic violence or family violence;. (b) Assault involving domestic violence or family violence defined \nSuch section is further amended by adding at the end the following new subsection: (c) In this section, the term assault involving domestic violence or family violence means— (1) an assault— (A) with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or family member, or any other person related by consanguinity or affinity; (B) in which the accused intentionally inflicts bodily harm with or without a weapon upon a spouse, former spouse, intimate partner, or family member, or any other person related by consanguinity or affinity; or (C) in which the accused places a person in reasonable fear of imminent bodily injury to that person or to another person; (2) a sexual assault; or (3) any conduct in which the accused— (A) places a person in reasonable fear of imminent bodily injury to that person or to another; (B) harasses or intimidates a spouse, intimate partner, or family member or person related by consanguinity or affinity, in the course of or as a result of which the accused commits a crime of violence against the spouse, intimate partner, or family member or person related by consanguinity or affinity; or (C) uses force, coercion, duress, or fraud to facilitate, commit, or attempt to commit a crime of violence against a spouse, former spouse, intimate partner, or family member.. (c) Effective date \nThe amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. (d) Interim maximum punishments \nUntil the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under subsection (b)(3) of section 928 of such title (article 128 of the Uniform Code of Military Justice) may not exceed the following limits: (1) For an assault involving domestic violence or family violence if the death of the victim results, such punishment may not exceed dishonorable discharge, forfeiture of pay and allowances, and confinement for life without eligibility for parole. (2) For an assault involving domestic violence or family violence if permanent disfigurement or life threatening bodily injury to the victim results, such punishment may be twice that as provided including dishonorable discharge, forfeiture of pay and allowances, and confinement for 30 years. (3) For an assault involving domestic violence or family violence if serious bodily injury to the victim results or if the accused uses a dangerous weapon, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. (4) For an assault involving domestic violence or family violence, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. (e) No preemption \nThe prosecution or punishment of an accused for an offense under subsection (b)(3) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense.", "id": "H24DE19CF0E25433BBCDFFAFC05361116", "header": "Domestic violence and family violence" }, { "text": "1014. Protective orders \n(a) Enforcement of protective orders \nSection 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice), is amended— (1) by inserting (a) before Any person ; (2) by striking or at the end of paragraph (2); (3) by inserting or at the end of paragraph (3); (4) by inserting after paragraph (3) the following new paragraph: (4) violates or fails to obey a no contact order or protective order; ; and (5) by adding at the end of such section the following new subsection: (b) In this section, the term no contact order or protective order includes— (1) a no contact order issued by a command or supervisor to a member to safeguard a spouse, former spouse, intimate partner, or family member of a member; (2) a protection order as defined in section 2266(5) of title 18; and (3) a protective order as defined in section 1561a of this title.. (b) Effective date \nThe amendments made by this section shall apply with respect to offenses committed after the date of the enactment of this Act. (c) No preemption \nThe prosecution or punishment of an accused for an offense under subsection (a)(4) of section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice), does not preclude the prosecution or punishment of that accused for any other offense.", "id": "H3EE779A899C044258714C94917856C77", "header": "Protective orders" }, { "text": "1101. Military law enforcement and victims’ rights \n(a) In general \nAs soon after an allegation of a domestic violence, sexual assault, family violence, or stalking offense as possible without interfering with an investigation or arrest, a representative of the military law enforcement agency that has responsibility for investigating the offense shall provide the victim with a multicopy form that includes the following: (1) A form for the victim to request or waive applicable rights to information to which the victim is entitled, on request, under this section; (2) A means for the victim to designate a lawful representative selected by the victim. (3) Notice to the victim of the following: (A) Victims’ rights under section 502(b) of the Victims’ Rights and Restitution Act of 1990 ( 42 U.S.C. 10606(b) ), to be treated with fairness, respect and dignity and to be free of intimidation, harassment, or abuse during the judicial process. (B) The availability of crisis intervention services and resources and medical services and, when applicable, that medical services arising out of the need to secure evidence may be reimbursed. (C) The procedures and resources available for the protection of the victim, including military no contact orders or civilian protection orders, Armed Forces Domestic Security Act as defined by Public Law 107–311 , and Full Faith and Credit Provisions of the Violence Against Women Act as defined by section 2265 of title 18, United States Code. (D) The names and telephone numbers of public and private assistance programs, including victim compensation programs, transitional compensation programs, and programs that provide counseling, treatment, shelter and support services. (E) The police report number, if available, other identifying information, and the following statement: If within 30 days you are not notified of an arrest in your case, you may call (the military law enforcement agency’s telephone number) for information on the status of your case.. (F) Regardless of whether the suspect is an adult or a juvenile, a statement that the victim will be notified by military law enforcement of the arrest of the suspect. (G) If the suspect is an adult and has been arrested, the victim will be informed of the suspect’s release, of the scheduled time, place, and date for initial appearances and of the victim’s right to be heard, and to exercise these rights, the victim may contact the custodial agency regarding the suspect’s status or contact the command regarding any changes. (b) Effect of emotional status of victim \nIf at the time of contact with a military law enforcement agency the victim is emotionally unable to request or waive applicable rights, the military law enforcement agency shall designate this on the multicopy form and the entities that are subsequently affected shall presume that the victim invoked the applicable rights to which the victim is entitled, and, on request, the victim may later waive those rights.", "id": "HDDB52B85A745423BA7A7E20028943F31", "header": "Military law enforcement and victims’ rights" }, { "text": "1102. Incident reports \n(a) In general \nMilitary law enforcement agencies shall provide, without charging a fee, a copy of all incident report face sheets, reports, or both, to a victim of domestic violence, sexual assault, family violence, or stalking, or to the victim’s representative if the victim is deceased. (b) Time for availability of face sheets \nA copy of an incident report face sheet shall be made available during regular business hours to a victim or the victim’s representative no later than 48 hours after being requested by the victim or the victim’s representative, unless the military law enforcement agency informs the victim or representative of the reasons why, for good cause, the face sheet is not available, in which case the face sheet shall be made available to the victim or representative no later than five working days after the request is made. (c) Time for availability of incident reports \nA copy of the incident report shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested by a victim or representative, unless the military law enforcement agency informs the victim or representative of the reasons why, for good cause, the incident report is not available, in which case the incident report shall be made available to the victim or representative no later than 10 working days after the request is made. (d) Identification \nA person requesting copies under this section shall present military law enforcement with the person’s identification, such as a current, valid military identification card, driver’s license, State-issued identification card, or passport and, if the person is the victim’s representative, a certified copy of the death certificate or other satisfactory evidence of the death of the victim, at the time a request is made. An incident report may not be provided to a victim’s representative unless the representative presents such identification. (e) Time duration \nThis section applies to requests for face sheets or reports made within five years from the date of completion of the incident report. (f) Victim’s representative defined \n(1) For purposes of this section, the term victim’s representative means any of the following: (A) The surviving spouse. (B) A surviving child of the decedent who has attained 18 years of age. (C) A surviving parent of the decedent. (D) A surviving adult relative. (E) The public administrator appointed by a probate court, if one has been appointed. (2) A victim’s representative does not include any person who has been convicted of murder under State or Federal criminal statutes or the Uniform Code of Military Justice, or any person identified in the incident report as a suspect.", "id": "HE8636A4CC46743C900001B813D8B241B", "header": "Incident reports" }, { "text": "1103. Victim advocates and victims’ rights \n(a) In general \nAny victim making an allegation of sexual assault, domestic violence, family violence, or stalking may have a victim advocate, victim support liaison, victim counselor, or victim witness liaison present at any interview with the victim. (b) Support during proceedings \nIn all military justice proceedings, a victim advocate or victim support liaison, victim counselor, or victim witness liaison, upon the request of the victim, shall be allowed to accompany the victim during the proceedings to provide moral and emotional support. The victim advocate, victim counselor, victim support liaison, or victim witness liaison shall be allowed to confer orally and in writing with the victim in a reasonable manner. However, the victim advocate shall not provide legal advice or legal counsel to the victim.", "id": "HAF784108BD6D4AFD00518FB9DC2E9D7F", "header": "Victim advocates and victims’ rights" }, { "text": "1104. Restitution \n(a) In general \nChapter 80 of title 10, is amended by inserting after section 1561a the following new section: 1561b. Restitution \n(a) In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority shall order restitution for any offense specified in section 920, 892(4), or 1561a of this title. (b) Scope and nature of order \n(1) Directions \nThe order of restitution under this section shall direct the servicemember to pay the victim the full amount of the victim's losses as determined by the convening authority pursuant to paragraph (2). (2) Enforcement \nAn order of restitution under this section shall be issued and enforced in accordance with section 3664 of title 18 in the same manner as an order under section 3663A of that title. (c) Mandatory order \n(1) The issuance of a restitution order under this section is mandatory. (2) The convening authority may not decline to issue an order under this section because of— (A) the economic circumstances of the accused; or (B) the fact that a victim has received, or is entitled to receive, compensation for the victim’s injuries from the proceeds of insurance, transitional compensation, veterans benefits, or any other source. (d) Definitions \nIn this section: (1) Full amount of the victim’s losses \nThe term full amount of the victim’s losses includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorney's fees, plus any costs incurred in obtaining a civil protective order; and (F) any other loss suffered by the victim as a proximate result of the offense or offenses. (2) Victim \nThe term victim means a person harmed as a result of a commission of a crime under this title, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, but in no event shall the accused be named as such a representative or guardian.. (b) Clerical Amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561a the following new section: 1561b. Restitution.", "id": "H2FA9B2C8D20C4AF5A57D1607FEB500EF", "header": "Restitution" }, { "text": "1561b. Restitution \n(a) In addition to any other civil, disciplinary, or criminal penalty authorized by law, the convening authority shall order restitution for any offense specified in section 920, 892(4), or 1561a of this title. (b) Scope and nature of order \n(1) Directions \nThe order of restitution under this section shall direct the servicemember to pay the victim the full amount of the victim's losses as determined by the convening authority pursuant to paragraph (2). (2) Enforcement \nAn order of restitution under this section shall be issued and enforced in accordance with section 3664 of title 18 in the same manner as an order under section 3663A of that title. (c) Mandatory order \n(1) The issuance of a restitution order under this section is mandatory. (2) The convening authority may not decline to issue an order under this section because of— (A) the economic circumstances of the accused; or (B) the fact that a victim has received, or is entitled to receive, compensation for the victim’s injuries from the proceeds of insurance, transitional compensation, veterans benefits, or any other source. (d) Definitions \nIn this section: (1) Full amount of the victim’s losses \nThe term full amount of the victim’s losses includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorney's fees, plus any costs incurred in obtaining a civil protective order; and (F) any other loss suffered by the victim as a proximate result of the offense or offenses. (2) Victim \nThe term victim means a person harmed as a result of a commission of a crime under this title, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, but in no event shall the accused be named as such a representative or guardian.", "id": "H9F21B37F126247C0B508DDDAF6A94EE", "header": "Restitution" }, { "text": "1105. Records of military justice actions \n(a) In general \nSubchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): 940a. Art. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation \nWhenever a member of the armed forces is discharged or dismissed from the armed forces or is released from active duty, the Secretary concerned shall transmit to the Director of the Federal Bureau of Investigation a copy of records of any disciplinary action taken against the member during that period under this chapter, including any nonjudicial punishment imposed under section 815 of this title (article 15).. (b) Clerical amendment \nThe table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code, is amended by adding at the end the following new item: 940. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation..", "id": "HF60F65D673B24AB48F8C58DA55855F00", "header": "Records of military justice actions " }, { "text": "940a. Art. 140a. Military justice information: transmission to Director of Federal Bureau of Investigation \nWhenever a member of the armed forces is discharged or dismissed from the armed forces or is released from active duty, the Secretary concerned shall transmit to the Director of the Federal Bureau of Investigation a copy of records of any disciplinary action taken against the member during that period under this chapter, including any nonjudicial punishment imposed under section 815 of this title (article 15).", "id": "HE4A22C4665CD4D7FA651C4FED6D75DDD", "header": "Military justice information: transmission to Director of Federal Bureau of Investigation" }, { "text": "1106. Technical amendments relating to fatality review panels \n(a) Army \nSection 4061 of title 10, United States Code, is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Army ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense. (b) Navy \nSection 6036 of such title is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Navy ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense. (c) Air Force \nSection 9061 of such title is amended— (1) in subsection (a), by inserting , through the Office of the Victims' Advocate, after Secretary of the Air Force ; and (2) in subsection (c), by inserting , in consultation with the Office of the Victims' Advocate, after Secretary of Defense.", "id": "H76B12A1BFC02412C97002CF7CF69BE5D", "header": "Technical amendments relating to fatality review panels" }, { "text": "1107. Enhanced capacity of the Department of Defense for victim services \n(a) Awards authorized \n(1) In general \nThe Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, may contract with eligible entities to enable the design, replication, and implementation of services for servicemembers, family members, or partners who experience domestic violence, family violence, sexual assault, or stalking. (2) Eligible entities \nIn this section, the term eligible entity means a public or private, nonprofit or nongovernmental program the primary purpose of which is to provide services to victims of domestic violence, sexual assault, or stalking. The entity may be— (A) a community-based organization specializing in intervention or violence prevention services for servicemembers, family members, or partners; (B) a nonprofit nongovernmental entity providing services primarily to servicemembers, family members, or partners who are victims of domestic violence, sexual assault, or stalking; (C) a nonprofit nongovernmental entity providing services for veterans; or (D) a nonprofit nongovernmental entity providing services to homeless individuals. (b) Uses of funds \nAn entity awarded a contract pursuant to subsection (a) shall— (1) whenever possible, collaborate with existing services in the civilian community to provide appropriate victim services; (2) provide, when appropriate victim services are not available in the civilian community or are not accessible to servicemembers, family members or partners, services on installations or create services in collaboration with a community based organization; (3) develop and implement policies in the military departments regarding appropriate, safe response to, and identification and referral procedures for, servicemembers, family members or partners who are experiencing domestic violence, family violence, sexual assault or stalking, including procedures for handling the requirements of arrest policies, criminal investigation procedures, and court protective orders that ensure the safety of the victim and hold the perpetrator accountable; (4) aid servicemembers, family members, or partners, including legal, medical, or psychological counseling, who are experiencing domestic violence, sexual assault, family violence, or stalking; (5) assist with the improvement of delivery of victim services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, family violence, sexual assault, and stalking intervention models to respond to the needs of servicemembers, family members, or partners who are victims of domestic violence, sexual assault, family violence, or stalking; (7) provide the necessary human resources to respond to the needs of servicemembers, family members, or partners who are experiencing domestic violence, sexual assault, family violence, or stalking, such as a resource person or liaison who is either on-site or on-call and who possesses demonstrated experience as a service provider to victims; (8) provide direct counseling and advocacy for servicemembers, family members, or partners who have experienced domestic violence, sexual assault, family violence, or stalking; (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; (10) include counseling and mental health services; (11) include legal advocacy efforts on behalf of servicemembers, family members, or partners with respect to domestic violence, sexual assault, family violence, or stalking; and (12) not use more than 25 percent of the funding to provide additional services and resources for servicemembers, family members, and partners including childcare, transportation, education support, and respite care. (c) Application \n(1) In general \nEach eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements specified in this section. (2) Contents \nAn application submitted under paragraph (1) shall— (A) include an outline and description of the activities to be undertaken to intervene and collaborate; (B) identify the members of the organization who will be responsible for carrying out services; (C) ensure that communities or agencies affected by collaboration and service providers are adequately represented in the development of the application, and follow on activities to be undertaken, and that they have a significant role in evaluating the success of the project; (D) include documentation of any services or advocacy between military entities, domestic violence, family violence, sexual assault or stalking service providers, courts, law enforcement agencies, community-based programs and other entities; (E) provide assurances that services and activities will be provided to all types of staff, will address appropriate practices for investigation, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the collaboration activities will enhance or ensure the safety and security of servicemembers, families and partners where domestic violence, family violence, sexual assault, or stalking occurs by providing appropriate resources, protection, and support to victims; (G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (3) Collaborative partnerships \nThe eligible entity or service provider shall establish a partnership that— (A) provides appropriate referrals to community based domestic violence programs or sexual assault victim service providers with the capacity to support servicemembers, family members and partners who are victims of domestic violence, sexual assault, family violence or stalking; provides legal assistance and advocacy for victims of domestic violence, sexual assault, family violence or stalking including, where appropriate, assistance in obtaining and entering orders of protection; (B) supports and training to assist military entities in supporting servicemembers, family members or partners dealing with problems related to domestic violence, sexual assault, family violence or stalking; (C) identifies, assesses and responds appropriately to domestic violence, sexual assault, family violence, or stalking against servicemembers, family members, or partners; (D) provides appropriate resources in family court matters to respond to domestic violence, sexual assault, family violence or stalking; and (E) assures that necessary services dealing with physical and mental health of victims are available. The military installation commander must submit proof of collaboration with any existing nonprofit nongovernmental service provider for victims of domestic violence, sexual assault, or stalking located in the region. (d) Considerations \nThe Secretary, in awarding contracts under this section, shall— (1) ensure that such contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Duration of awards \nA contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed. (f) Amount \nEach award under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. (g) Confidentiality \n(1) Nondisclosure of confidential information or private information \nIn order to ensure the safety of victims of domestic violence, sexual assault, or stalking and their families, a victim services provider under a contract under this section shall protect the confidentiality and privacy of persons receiving services. The victim services provider may not disclose any personally identifying information or individual information collected in connection with services requested, used, or denied through its programs. The victim services provider may not reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian) about whom information is sought, whether for the victim service provider or any other Armed Forces, Tribal, Federal, State, or Territorial program. If release of such information is compelled by statutory or court mandate, the victim services provider shall make reasonable attempts to provide notice to victims affected by the disclosure of information. If such personally identifying information is or will be revealed, the victim services provider shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. The victim services provider may share non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with Armed Forces, Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. The victim services provider may share court-generated information contained in secure, governmental registries for protection order enforcement purposes. (2) Personally identifying information \nIn this section, the term personally identifying information has the meaning given that term in section 1815(c) of title 10, United States Code, as added by section 101. (h) Nonsupplantation \nAny Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. (i) Reports \nAn entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which servicemembers, families, and partners were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers, family members, and partners, including transportation, and location; and (4) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, and partners. (j) Authorization of appropriations \nThere is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $25,000,000 to carry out this section. (k) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section.", "id": "HC79A72B9502A4134BD6BE472E7A10008", "header": "Enhanced capacity of the Department of Defense for victim services" }, { "text": "1201. Permanent authority for counseling and treatment of veterans for sexual trauma \nSection 1720D of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking During the period through December 31, 2004, the Secretary and inserting The Secretary ; and (B) in paragraph (2), by striking , during the period through December 31, 2004 ; and (2) in subsection (b)— (A) in paragraph (1), by striking establishment and ; and (B) in paragraph (2), by striking establishing a program and inserting operating a program..", "id": "H1ADEFF68EB1F4268B000DF5670005C47", "header": "Permanent authority for counseling and treatment of veterans for sexual trauma" }, { "text": "1202. Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities \nSection 7320(b)(3) of title 38, United States Code, is amended by striking five centers and inserting 15 centers.", "id": "H64F2C9750B2140F694B700818C2BFB77", "header": "Authority to operate additional Department of Veterans Affairs centers for mental illness research, education, and clinical activities" }, { "text": "1203. Improvement of program for provision of specialized mental health services to veterans \n(a) Increase in funding \nSubsection (c) of section 116 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 1712A note) is amended— (1) in paragraph (1), by striking $15,000,000 and inserting $30,000,000 in each of fiscal years 2005, 2006, and 2007 ; (2) in paragraph (2), by striking $15,000,000 and inserting $30,000,000 ; and (3) in paragraph (3)— (A) by inserting (A) after (3) ; and (B) by adding at the end the following new subparagraph: (B) For purposes of this paragraph, in fiscal years 2005, 2006, and 2007, the fiscal year used to determine the baseline amount shall be fiscal year 2003.. (b) Allocation of funds \nSubsection (d) of such section is amended— (1) by striking The Secretary and inserting (1) In each of fiscal years 2005, 2006, and 2007, the Secretary ; and (2) by adding at the end the following new paragraphs: (2) In allocating funds to facilities in a fiscal year under paragraph (1), the Secretary shall ensure that— (A) not less than $10,000,000 is allocated by direct grants to programs that are identified by the Mental Health Strategic Health Care Group and the Committee on Care of Severely Chronically Mentally Ill Veterans; (B) not less than $5,000,000 is allocated for programs on post-traumatic stress disorder; (C) not less than $5,000,000 is allocated for programs on substance abuse disorder; and (D) not less than $5,000,000 is allocated for programs to address military sexual trauma experienced by Reservists and National Guard members formerly called to active duty. (3) The Secretary shall provide that the funds to be allocated under this section during each of fiscal years 2005, 2006, and 2007 are funds for a special purpose program for which funds are not allocated through the Veterans Equitable Resource Allocation system..", "id": "HE68F3084DA9C4876908D63C4D8E8C78", "header": "Improvement of program for provision of specialized mental health services to veterans" }, { "text": "1204. Enhancement of readjustment counseling services for reserve component members \n(a) Eligibility \nSection 1720D of title 38, United States Code, is amended— (1) in subsection (a)(1)— (A) by inserting or reservists or guard members formerly called to active duty after veterans ; and (B) by inserting or reservist or guard member formerly called to active duty after veteran ; (2) in subsection (b)(1), by inserting or reservists or guard members formerly called to active duty after veteran ; and (3) in subsection (c)— (A) by inserting or reservists or guard members formerly called to active duty after veterans ; and (B) in paragraph (3), by inserting or reservists or guard members after service. (b) Period of Eligibility \nSubsection (a) of such section is amended by adding at the end the following new section: To be eligible to receive counseling under this subsection, a reservist or guard member must seek such counseling from the Secretary within five years after the date of discharge or release from active military, naval, or air service..", "id": "HED8E615C87C74134A164D42666DD4173", "header": "Enhancement of readjustment counseling services for reserve component members" }, { "text": "1301. Enhanced capacity of the Department of Defense for treatment services for offenders \n(a) Awards authorized \n(1) In general \nThe Secretary of Defense, acting through the Undersecretary of Defense for Personnel and Readiness, may contract with eligible entities to enable the design, replication, and implementation of treatment services for members of the Armed Forces who perpetrate domestic violence, sexual assault, or stalking. (2) Definitions \nIn this section: (A) Eligible entities \nThe term eligible entity means a public or private, nonprofit or nongovernmental program the primary purpose of which is to provide treatment services to perpetrators of domestic violence, sexual assault, or stalking. The entity may be— (i) a community-based organization specializing in treatment and prevention services for military servicemembers or family members; (ii) a nonprofit nongovernmental entity providing services primarily to perpetrators of domestic violence, sexual assault, family violence, or stalking; or (iii) a nonprofit nongovernmental entity providing treatment services for veterans. (B) Batterers program \nThe term batterers program means a program approved or certified by a State that is operated by a public or not-for-profit organization for the purpose of providing battering prevention and educational services the goal of which is to help clients end abusive behaviors. Components of such a program shall include— (i) an educational instruction and group discussion model to provide information about domestic violence, the illegality of domestic violence, and the responsibility for and alternative choices to abusive behavior; (ii) a long-term group that helps end the violent behavior of its participants; and (iii) formal linkages to the local criminal justice systems and to area domestic violence services. (C) Client \nThe term client means a person who is referred to a batterers program by the Family Advocacy Program, by a criminal court of the jurisdiction, or by a State, local, or private organization or a person who is self-referred, and who is accepted by the batterer program. (b) Uses of funds \nAn entity awarded a contract pursuant to subsection (a) shall— (1) whenever possible, collaborate with existing services in the civilian community to provide appropriate treatment services; (2) when appropriate treatment services are not available in the civilian community or are not accessible to servicemembers or family members, provide services on installations or create services in collaboration with a community-based organization; (3) develop and implement policies in the military departments regarding appropriate identification and referral procedures for servicemembers or family members who are perpetrating domestic violence, sexual assault, family violence, or stalking, including procedures for handling the requirements of arrest policies, criminal investigation procedures, and court protective orders that ensure the safety of the victim and hold the perpetrator accountable; (4) aid servicemembers or family members, including legal, medical, or psychological counseling, who are perpetrating domestic violence, sexual assault, family violence, or stalking; (5) assist with the improvement of delivery of treatment services for the military departments; (6) design or replicate, and implement, programs and services using domestic violence, sexual assault, family violence, and stalking intervention models to respond to the needs of servicemembers or family members who are perpetrators of domestic violence, sexual assault, or stalking; (7) provide the necessary human resources to respond to the needs of servicemembers or family members who are perpetrating family violence, domestic violence, sexual assault, or stalking, such as a resource person or liaison who is either on-site or on-call and who possesses demonstrated experience as a service provider to perpetrators; (8) provide direct counseling and advocacy for servicemembers or family members who have perpetrated domestic violence, sexual assault, family violence, or stalking; (9) include linguistically and culturally appropriate services or linkages to existing services in the community tailored to the needs of the military community; and (10) include counseling and mental health services. (c) Application \n(1) In general \nAn eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements specified in this section. (2) Contents \nAn application submitted under paragraph (1) shall include— (A) the population to be served; (B) the program objectives; (C) the implementation plan for prevention and educational programs provided, including the educational instruction, group model, and the long-term group; (D) the reporting procedures designed to advise the referring agency of the client’s attendance and participation in the program; (E) the annual budget of the program, including information relative to any already established programs and an assurance that funding under this section will not serve to substitute for any other funding ordinarily and customarily received by such organization in the provision of the programs; (F) the formal and established or proposed linkages to area domestic violence programs and to the local criminal justice system of the judiciary, probation, and police departments and the county or state attorney; (G) the existing community education components of the program; (H) any other services proposed to be provided; and (I) any other information considered necessary by the Secretary. (3) Considerations \nThe Secretary, in awarding contracts under this section, shall— (A) ensure that such contracts are awarded on a competitive basis; (B) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; (C) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence; (D) ensure that planning, cooperation, and coordination with an existing domestic violence program, criminal justice system, and appropriate officials and services; (E) ensure that the program will not provide couple counseling or mediation; and (F) ensure that the batterers program shall have policies regarding— (i) referrals for those for whom a batterers program is not appropriate; (ii) suicide and homicide threats by clients; and (iii) confidentiality, in accordance with standards prescribed by the Secretary. (d) Treatment standards \nThe treatment program must meet the following minimum standards: (1) All treatment must be based upon a full, complete clinical intake, including— (A) current and past violence history; (B) a lethality risk assessment; (C) a complete diagnostic evaluation; (D) a substance abuse assessment; (E) criminal history; (F) assessment of cultural issues, learning disabilities, literacy, and special needs; and (G) a treatment plan that adequately and appropriately addresses treatment needs of the individual. (2) To facilitate communication necessary for periodic safety checks and monitoring, the program must require the perpetrator to sign the following releases: (A) A release for the program to inform the victim and victims’ advocate that the perpetrator is in treatment with the plan to provide information, for safety purposes, to the victim and victims’ advocate, community, and legal advocates. (B) A release to prior and current treatment agencies to provide information on the perpetrator to the program. (C) A release for the program to provide information on the perpetrator to relevant legal entities, including lawyers, courts, parole, probation, protective services, and child welfare services. (D) A release for the program to provide information on the perpetrator to relevant military entities, including command, Family Advocacy Program, victim advocate, judge advocate, law enforcement, and criminal investigators. (3) Treatment must be for a minimum treatment period established by the Secretary by regulation. (4) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by the Secretary, not just upon the end of a certain period of time or attendance of the perpetrator at a certain number of sessions. (5) The program must have a policy and procedures for dealing with recidivism. (6) The program must have a policy and procedures for dealing with noncompliance. (7) All evaluation and treatment services must be provided by, and under the supervision of, qualified personnel. (e) Rules and regulations \nThe Secretary may adopt rules and regulations to implement this section. (f) Duration of awards \nA contract awarded under this section shall be for a period of three fiscal years. Such a contract may be renewed. (g) Amount \nEach award under this section shall be in an amount of not less than $5,000 per year and not more than $300,000 per year. (h) Nonsupplantation \nAny Federal funds received under this section shall be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for activities funded under this section. (i) Matching funds \nNonprofit, nongovernmental treatment programs, receiving funds under this section shall not be required to provide matching funds as a condition of receiving an award. (j) Reports \nAn entity receiving an award under this section shall submit to the Secretary every 18 months a report that describes, at a minimum— (1) how the funds under the award were used; (2) the extent to which military personnel or families were served; (3) the adequacy of staff training and services to ensure that needs of servicemembers or family members, including transportation, and location; (4) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers or family members; (5) pertinent and appropriate factors concerning clients including age, education, income, employment, marital status, number of children and their ages, any substance abuse, and personal history of family violence; (6) the total number of clients referred to the program, and the referral source; (7) total number of persons determined to be inappropriate for services and reasons therefor; (8) the number of clients enrolled in the program, the number completing the program, the number failing to complete the program, and reasons therefor; (9) the number of classes or group meetings; and (10) such other factors as the Secretary considers necessary and appropriate. (k) Authorization of appropriations \nThere is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out this section. (l) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary — (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section.", "id": "H52590AEA83554B70B119D4EF9AC7303", "header": "Enhanced capacity of the Department of Defense for treatment services for offenders" }, { "text": "1401. Prevention and intervention training awards \n(a) Awards authorized \n(1) In general \nThe Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate, shall award contracts under this section to eligible entities for the purposes of providing training and technical assistance to the Department of Defense relative to prevention of domestic violence, sexual assault, family violence, and stalking. (2) Definitions \nIn this section, the term eligible entity means an organization that is— (A) a public or nonprofit private organization having demonstrated expertise in prevention, intervention, developing community collaboration, and system response to domestic violence, sexual assault, family violence, and stalking; or (B) a community-based organization experienced in providing services to servicemembers, family members, or partners who experience domestic violence, sexual assault, family violence, or stalking. (b) Uses of funds \nAn entity awarded a contract pursuant to subsection (a) shall— (1) provide training in the dynamics of domestic violence, sexual assault, family violence, and stalking, including safety, risk assessment, potential lethality, and appropriate interventions; (2) provide education programs for servicemembers, family members, or partners that are linguistically and culturally appropriate and are designed to meet any unique needs of the population by adapting and implementing existing curricula; (3) provide media center materials and educational materials to the population that address the needs and concerns of servicemembers, family members, or partners who experience domestic violence, sexual assault, or stalking and the impact of the violence by identifying, adapting, and disseminating appropriate existing materials; and (4) conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the development of those programs. (c) Application \n(1) In general \nAn eligible entity that desires to receive a contract under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, consistent with the requirements described in this section. (2) Content \nAn application submitted pursuant to paragraph (1) shall— (A) outline and describe how training and other activities will be undertaken to promote prevention, intervention, and collaboration; (B) identify the members of the organization who will be responsible for carrying out the training; (C) ensure that communities or agencies affected by the training are adequately represented in the development of the application, training, and follow on activities to be undertaken and that they have a significant role in evaluating the success of the project; (D) include documentation of any history of training between military entities, domestic violence, sexual assault, or stalking service providers, courts, law enforcement agencies, community-based programs, and other entities; (E) provide assurances that training and other activities will be provided to all types of staff, will address appropriate practices for investigation, follow-up, screening, intake, assessment, and provision of services addressing the safety needs of victims of domestic violence, sexual assault, family violence, or stalking; (F) describe how the training and activities will enhance or ensure the safety and security of servicemembers, families, and partners where both domestic violence and sexual assault occurs by providing appropriate resources, protection, and support to victims; (G) outline methods and means participating entities will use to ensure that all services are provided in a linguistically and culturally competent manner and will use community-based supports and resources; and (H) outline the protocols, policies, and procedures participating entities will develop and adopt to ensure the confidentiality of victims. (d) Considerations \nThe Secretary, in awarding contracts under this section, shall— (1) ensure that contracts are awarded on a competitive basis; (2) ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas; and (3) give preference to applicants with strong ties to minority communities and those that demonstrate high levels of cultural competence. (e) Duration of awards \nThe Secretary shall make the awards under this section for a period of one year. The awards may be renewed. (f) Award amounts \nEach award under this section shall be in an amount of not less than $2,500 per year and not more than $20,000 per year. (g) Authorization of Appropriations \nThere is authorized to be appropriated for fiscal years 2005 through 2009 for Operation and Maintenance, Defense-Wide, the amount of $200,000 to carry out this section. (h) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 5 percent for administration, monitoring, and evaluation of contracts made available under this section; and (2) shall use not less than 5 percent to provide technical assistance for programs funded under this section. (i) Matching funds \nA nonprofit, nongovernmental victim services program receiving funds under this section shall not be required to provide matching funds as a condition of receiving grant awards. (j) Reports \nAn entity receiving funds under this section shall submit to the Secretary a report that describes, at a minimum— (1) how the funds under the program were used, including the extent to which military personnel, family members, or partners were served; (2) the adequacy of staff training and services to ensure that the needs of servicemembers, family members, or partners, including transportation and location; and (3) the existence of continuing barriers the entity faces to more fully addressing the needs of servicemembers, family members, or partners. (k) Availability \nFunds available under this section shall remain available until expended. Of the amounts appropriated to carry out this section for any fiscal year, the Secretary— (1) may not use more than 3 percent for evaluation, monitoring, site visits, conferences, and other administrative costs associated with conducting activities under this section; (2) shall use not less than 20 percent for programs addressing domestic violence and sexual assault that are operated by, or in partnership with, civilian victim services; and (3) shall use not less than 10 percent for technical assistance and training to be provided by organizations having demonstrated expertise in developing collaborative community and system responses to domestic violence, sexual assault, and stalking. Technical assistance and training under paragraph (3) may be offered to the elements of the Armed Forces, installations, or commands in the process of developing community responses, whether they are receiving funds under this section or not.", "id": "HFD16E75182AB47BB9E0000263687E1B", "header": "Prevention and intervention training awards" }, { "text": "1501. Research on sexual assault in the Armed Forces \n(a) In general \nThe Secretary of Defense, in conjunction with the Bureau of Justice Statistics of the Department of Justice, shall carry out a comprehensive 36-month research study that involves the collection and analysis of data on the prevalence and nature of sexual assault in the Armed Forces. The research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of sexual assault; and (2) the situations and environments in which sexual assault occurs. (b) Considerations \nIn carrying out subsection (a), the Secretary shall consider— (1) a definition of sexual assault that encompasses behavior based patterns for the purposes of the research study; (2) how the Secretary should collect information about sexual assault; (3) how the Secretary should collect information beyond self-reports of sexual assault; (4) how the Secretary should adjust the data in order to account for differences between service branches, installations, deployed, training, and nondeployed units, and individual respondents; and (5) the categorization of branches, installations, and units. (c) Solicitation of views \nThe Secretary shall solicit views from representatives of the following: (1) The National Institute of Justice. (2) The Office of Violence Against Women. (3) The Centers for Disease Control and Prevention and Women’s Health Office. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Sex offender behavior specialists. (8) Researchers. (9) Other experts in the area of sexual assault. (d) Sampling techniques \nThe research study under this section shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each of the Armed Forces. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and length of service in the Armed Forces. (e) Surveys \nIn carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of current or former military personnel from all services. In addition to the samples of military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects \nThe Secretary shall ensure the confidentiality of each survey participant. The Secretary shall adopt protocols for the protection of human subjects in consultation with the National Institute of Justice and the Centers for Disease Control and Prevention. (g) Participation in survey \nAll military installations that receive a request from the Secretary shall participate in the survey and provide access to any military personnel serving on the installation. (h) Data analysis and reporting \nOnce data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of sexual assault within the Armed Forces, prevention strategies, and needs of the victims of sexual assault. The report shall include the following: (1) The incidence and prevalence of sexual assault involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to sexual assault and how those responses vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to military personnel, families, and partners. (5) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of sexual assault, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to sexual assault. (i) Authorization of Appropriations \nThere are authorized to be appropriated $4,000,000 to conduct the research study beginning in fiscal year 2005 and ending in fiscal year 2008.", "id": "H049F3C28385E4250A9B0DF339053A632", "header": "Research on sexual assault in the Armed Forces" }, { "text": "1502. Research on institutional procedures for reporting sexual assaults in the Armed Forces \n(a) Study required \nThe Secretary of Defense, in consultation with the Attorney General, shall provide for a study to examine procedures undertaken after a military official receives a report of sexual assault. (b) Matters to be included \nThe study required by subsection (a) shall include an analysis of— (1) the existence and publication of the Armed Forces definition of sexual assault; (2) the existence and publication of the Armed Forces policy for sexual assaults; (3) the individuals to whom reports of sexual assault are given most often and— (A) how those individuals are trained to respond to such reports; and (B) the extent to which those individuals are trained; (4) the reporting options that are articulated to the victim or victims of sexual assault regarding— (A) on base or post reporting and procedure options; and (B) off base or post reporting and procedure options; (5) the resources available for victims’ safety, support, medical health, and confidentiality, including— (A) how well the resources are articulated, both specifically to the victim of sexual assault and generally to the military community at large; and (B) the security of the resources in terms of confidentiality or reputation; (6) policies and practices that may prevent or discourage the report of military sexual assaults to local crime authorities or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of military sexual assaults; (7) policies and procedures found successful in aiding the report and any ensuing investigation or prosecution of a military sexual assault; (8) the on base or post procedures for investigating and disciplining the perpetrator of a sexual assault, including— (A) the format for collecting evidence; and (B) the format of the investigation and disciplinary proceeding, including the command or command representative responsible for running the disciplinary procedure and the persons allowed to attend the disciplinary procedure; and (9) the types of punishment for offenders, including— (A) whether the case is directed outside the military for punishment; and (B) how the military disciplines perpetrators. (c) Report to congress \nThe Secretary shall submit to Congress a report on the study required by subsection (a) not later than October 1, 2005. (d) Military sexual assault defined \nFor purposes of this section, the term military sexual assault means— (1) sexual assault occurring at a military installation; and (2) sexual assault (regardless of where occurring) that is committed by or against a member of the Armed Forces or an officer or employee of the Department of Defense or a contractor for the Department of Defense. (e) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2005.", "id": "H2D10C7C10B9C4489A97CD043365F11B", "header": "Research on institutional procedures for reporting sexual assaults in the Armed Forces" }, { "text": "1503. Research on domestic violence associated with the Armed Forces \n(a) Study required \nThe Secretary of Defense, in conjunction with the National Institute of Justice of the Department of Justice and the Centers for Disease Control and Prevention of the Department of Health and Human Services, shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of intimate partner violence in the Armed Forces. The research study shall include the identification of— (1) the common characteristics of victims and perpetrators of domestic violence; (2) the situations and environments in which domestic violence occurs; and (3) the affect of deployments, duty stations, combat service, and veteran and active duty status on domestic violence. (b) Matters to be included \nIn carrying out subsection (a), the Secretary shall consider— (1) how domestic violence should be defined for the purposes of the research study; (2) how the Department should collect information about domestic violence; (3) how the Department should collect information beyond self-reports of domestic violence; (4) how the Department should adjust the data in order to account for differences among the services, different installations, and individual respondents; and (5) the categorization of deployments, combat experience, active duty, reserve, guard, veteran status, military bases or branches. (c) Solicitation of views \nIn carrying out subsection (a), the Secretary shall consult with representatives of the following: (1) The National Institute of Justice. (2) The Bureau of Justice Statistics. (3) The Office of Violence Against Women of the Department of Justice. (4) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (6) Victim advocates. (7) Researchers. (8) Other experts in the area of domestic violence. (d) Sampling techniques \nThe research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each branch of the military and family members. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank, and tenure in the military. (e) Surveys \nIn carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of current or former military personnel and families, or both current and former members and families, from all branches of the Armed Forces. In addition to the samples of military personnel, surveys shall be conducted with a probability-based comparison sample of family members. Surveys shall also be conducted with a probability-based comparison sample who are demographically similar to the survey population. The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects \nThe Secretary shall ensure the confidentiality of each survey participant. The Department shall adopt protection of human subject protocols in consultation with the National Institute of Justice and the Centers for Disease Control and Prevention. (g) Participation in survey \nAll military installations that receive a request from the Department shall participate in the survey and provide access to any military personnel serving on the installation. (h) Data analysis and reporting \nOnce data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of domestic violence within the Armed Forces, prevention, intervention and response, and needs of victims of domestic violence. The report shall include the following: (1) The incidence and prevalence of domestic violence involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to domestic violence and how they vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to military personnel and families. (5) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of domestic violence, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to domestic violence. (i) Authorization of Appropriations \nThere are authorized to be appropriated $3,000,000 to conduct the research study beginning in fiscal year 2005 and ending in fiscal year 2007.", "id": "HE98AD82E9DCA40A8A083E0376BBAFF7", "header": "Research on domestic violence associated with the Armed Forces" }, { "text": "1504. Research on institutional procedures for reporting domestic violence in the Armed Forces \n(a) Study required \nThe Secretary of Defense, in consultation with the Attorney General, shall provide for a study to examine procedures undertaken after a military official receives a report of domestic violence, family violence, or intimate partner violence. (b) Matters to be included \nThe study required by subsection (a) shall include an analysis of— (1) the existence and publication of the Department of Defense definitions of domestic violence, family violence, and intimate partner violence; (2) the existence and publication of the Department of Defense policy with respect to domestic violence, family violence, and intimate partner violence; (3) the individuals to whom reports of domestic violence, family violence, and intimate partner violence are given most often and— (A) how those individuals are trained to respond to such reports; and (B) the extent to which those individuals are trained; (4) the reporting options that are articulated to the victim or victims of domestic violence, family violence, or intimate partner violence regarding— (A) on base or post reporting and procedure options; and (B) off base or post reporting and procedure options; (5) the resources available for victims’ safety, support, medical health, and confidentiality, including— (A) how well the resources are articulated, both specifically to the victim of domestic violence, family violence, or intimate partner violence and generally to the military community at large; and (B) the security of the resources in terms of confidentiality or reputation; (6) policies and practices that may prevent or discourage the report of domestic violence, family violence or intimate partner violence involving Armed Forces personnel to local crime authorities, or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of domestic violence, family violence, or intimate partner violence involving Armed Forces personnel; (7) policies and procedures found successful in aiding the report and any ensuing investigation or prosecution of a domestic violence, family violence, or intimate partner violence involving Armed Forces personnel; (8) the on base or post procedures for investigating and disciplining the perpetrator of a domestic violence, family violence, or intimate partner violence, including— (A) the format for collecting evidence; and (B) the format of the investigation and disciplinary proceeding, including the command or command representative responsible for running the disciplinary procedure and the persons allowed to attend the disciplinary procedure; and (9) types of punishment for offenders, including— (A) whether the case is directed outside the military for punishment; and (B) how the military disciplines perpetrators. (c) Report to congress \nA report of the study required by subsection (a) shall be submitted to Congress not later than October 1, 2005. (d) Definitions \nFor purposes of this section, the terms domestic violence , family violence , and intimate partner violence mean an incidence of such violence— (1) that occurs at a military installation; or (2) regardless of where occurring, that is committed by or against a member of the Armed Forces or an officer or employee of the Department of Defense. (e) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2005.", "id": "HF29F172C4CBB41A1B8518DB19D575EC2", "header": "Research on institutional procedures for reporting domestic violence in the Armed Forces" }, { "text": "1505. Research on dating violence associated with the Armed Forces \n(a) Study required \nThe National Institute of Justice of the Department of Justice (referred to in this section as the Institute ) shall carry out a comprehensive, 12-month research study that involves the collection and analysis of data on the prevalence and nature of intimate partner violence, including dating violence and violence among former spouses or partners who are cohabiting with or have cohabited with members of the Armed Forces. (b) Matters to be included \nThe research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of intimate partner violence; (2) the situations and environments in which intimate partner violence occurs; and (3) the effect of deployments, duty stations, combat service, veteran, reserve or active duty or combat status. (c) Considerations \nIn carrying out subsection (a), the Institute shall consider— (1) how intimate partner violence should be defined for the purposes of the research study; (2) how the Institute should collect information about intimate partner violence in the Armed Forces; (3) how the Institute should collect information beyond self-reports of intimate partner violence; (4) how the Institute should adjust the data in order to account for differences between the services, installations, and individual respondents; and (5) the categorization of deployments, combat, active duty, reserve, guard, veteran status, service branches or installations. (d) Solicitation of views \nIn carrying out subsection (a), the Institute shall consult with representatives of the following: (1) The Department of Defense. (2) The Bureau of Justice Statistics of the Department of Justice. (3) The Centers for Disease Control and Prevention of the Department of Health and Human Services. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Victim advocates. (6) Researchers. (7) Other experts in the area of intimate partner violence. (e) Sampling techniques \nThe research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women who are actively serving in each branch of the Armed Forces and family members. The selection shall include enough men and women so the data that are collected are representative of men and women in each branch and comparisons can be made across several broad subgroup categories, such as age, race, rank and tenure in the military. (f) Surveys \nIn carrying out the research study under subsection (a), the Institute shall, in addition to such other methods as the Institute considers appropriate, use surveys of current and/or former military personnel and families from all branches of the military. In addition to the samples of military personnel, surveys shall also be conducted with a probability-based comparison sample who are demographically similar to the survey population. The data collected from the military and non-military samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. (g) Protection of human subjects \nThe Institute shall ensure the confidentiality of each survey participant. The Institute shall adopt protection of human subject protocols. (h) Participation in survey \nAll military installations that receive a request from the Institute shall participate in the survey and provide access to any military personnel serving on the installation. (i) Data analysis and reporting \nOnce data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of intimate violence within the Armed Forces, prevention, intervention and response, and needs of victims of intimate partner violence. The report shall contain the following: (1) The incidence and prevalence of intimate partner violence involving members of the Armed Forces. (2) A discussion of the prevention and intervention available to intimate partners of members of the Armed Forces. (3) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to intimate partner violence and how those responses vary across the services. (4) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (5) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victim/active duty member or victim/civilian. (6) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of intimate partner violence, to include recommendations on improvements in administrative, criminal, health care, and social service responses to intimate partner violence and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to intimate partner violence. (j) Authorization of Appropriations \nThere are authorized to be appropriated $300,000 to conduct the research study commencing in fiscal year 2005.", "id": "H16EFCDD5ABE5440480864354D8E958B5", "header": "Research on dating violence associated with the Armed Forces" }, { "text": "1506. Research on sexual violence perpetrated upon civilians \n(a) Study required \nThe Bureau of Justice Statistics of the Department of Justice (referred to in this section as the Bureau ) shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of sexual assault in the Armed Forces. The research study shall include the identification of the common characteristics of— (1) both civilian victims and perpetrators of sexual assault; and (2) the situations and environments in which sexual assault occurs. (b) Considerations \nIn carrying out subsection (a), the Bureau shall consider— (1) a definition of sexual assault which encompasses behavioral based patterns for the purposes of the research study; (2) how the Bureau should collect information about sexual assault; (3) how the Bureau should collect information beyond self-reports of sexual assault; (4) how the Bureau should adjust the data in order to account for differences between service branches, installations, deployed, training and nondeployed units and individual respondents; and (5) the categorization of branches, installations and units. (c) Solicitation of views \nIn carrying out subsection (a), the Bureau shall solicit views from representatives of the following: (1) Th National Institute of Justice. (2) The Office of Violence Against Women. (3) The Centers for Disease Control and Prevention and the Women’s Health Office, Department of Health and Human Services. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Sex offender behavior specialists. (8) Researchers. (9) Other experts in the area of sexual assault. (d) Sampling techniques \nThe research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women. The selection shall include enough men and women so the data that are collected are representative of men and women and comparisons can be made across several broad subgroup categories, such as age, race, status and rank. (e) Surveys \nIn carrying out the research study under subsection (a), the Bureau shall, in addition to such other methods as the Bureau considers appropriate, use surveys of the general population. In addition to the samples of civilians associated with military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and nonmilitary samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects \nThe Bureau shall ensure the confidentiality of each survey participant. The Bureau shall adopt protocols for the protection of human subjects. (g) Participation in survey \nAll military installations that receive a request from the Bureau shall participate in the survey and provide access to any military personnel or civilians serving on the installation. (h) Data analysis and reporting \nOnce data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of sexual assault within the Armed Forces, prevention strategies, and needs of the victims of sexual assault. The report shall include the following: (1) The incidence and prevalence of sexual assault involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to sexual assault involving civilian victims and how they vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to civilian victims of sexual assault perpetrated by members of the Armed Forces. (5) Recommendations for a comprehensive strategy to prevent and intervene in cases of sexual assault, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to sexual assault. (i) Authorization of Appropriations \nThere are authorized to be appropriated $2,000,000 to conduct the research study commencing in fiscal year 2005 and ending fiscal year 2006.", "id": "H1F71FE66A5A64DB19123E223166FC07F", "header": "Research on sexual violence perpetrated upon civilians" }, { "text": "1507. Research on child maltreatment, abuse, and homicide in the Armed Forces \n(a) Study required \nThe Secretary of Health and Human Services, acting through the Administration for Families and Children of the Department of Health and Human Services, shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of child maltreatment, abuse, and homicide in the Armed Forces. The research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of child maltreatment, abuse, or homicide associated with the Armed Forces; and (2) the situations and environments in which child maltreatment, abuse, or homicide occurs. (b) Considerations \nIn carrying out subsection (a), the Secretary shall consider— (1) a definition of child maltreatment, abuse and homicide which encompasses the definition provided in section 3(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5102 ); (2) how the Secretary should collect information about child maltreatment, abuse, and homicide; (3) how the Secretary should collect information beyond self-reports of child maltreatment, abuse, and homicide; (4) a review of the data collected by the States; (5) how the Secretary should adjust the data in order to account for differences between service branches, installations, deployed, training and nondeployed units and individual respondents; and (6) the categorization of branches, installations, and units. (c) Solicitation of views \nIn carrying out subsection (a), the Secretary shall solicit views from representatives of the following: (1) The Department of Defense. (2) The National Institute of Justice. (3) The Centers for Disease Control and Prevention. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Child maltreatment and prevention specialists. (8) Researchers. (9) Other experts in the area of child abuse and homicide. (d) Sampling techniques \nThe research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples. The selection shall include data collected across several broad subgroup categories, such as age, race, status, and rank in the Armed Forces. (e) Surveys \nIn carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of the general population. In addition to the samples of civilians associated with military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and nonmilitary samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects \nThe Secretary shall ensure the confidentiality of each survey participant. The Secretary shall adopt protocols for the protection of human subjects. (g) Participation in survey \nAll military installations that receive a request from the Secretary shall participate in the survey and provide access to any military personnel or civilians serving on the installation. (h) Data analysis and reporting \nOnce data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of child maltreatment, abuse and homicide within the Armed Forces, prevention strategies, and needs of the victims of child maltreatment, abuse, and homicide. The report shall include the following: (1) The incidence and prevalence of child maltreatment, abuse, and homicide involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to child maltreatment, abuse, and homicide and how they vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victims of child maltreatment, abuse, and homicide within the Armed Forces. (5) Recommendations for a comprehensive strategy to prevent and intervene in cases of child maltreatment, abuse, and homicide, to include recommendations on improvements in administrative, criminal, health care, and social service responses to child maltreatment, abuse, and homicide and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to child maltreatment, abuse, and homicide. (i) Authorization of Appropriations \nThere is authorized to be appropriated $2,000,000 to conduct the research study under this section beginning in fiscal year 2005 and ending in fiscal year 2007.", "id": "HF081A391A41F4D69B0157855B5700894", "header": "Research on child maltreatment, abuse, and homicide in the Armed Forces" }, { "text": "1601. Purposes \nIt is the purpose of this title to— (1) recognize that military leadership, servicemembers, family members and partners possess an important opportunity to demonstrate the core values of the military institutions, including honor, duty, courage, self-respect and respect for others, tolerance, nondiscrimination, gender equality, and non-violence; (2) convene an Armed Forces summit of leadership, command, servicemembers, service providers, advocates, survivors, political community, criminal justice professionals, counselors, and educators to develop a strategic plan to deter acts of domestic violence, sexual assault and stalking committed by or against servicemembers, family members and partners in the Armed Forces; (3) find ways that the military community can contribute to a campaign to prevent domestic violence, sexual assault, and stalking; and (4) create a military-civilian partnership to accomplish the goals of this title.", "id": "HEC699B4C6357462DA723023462CAB9DB", "header": "Purposes" }, { "text": "1602. Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate of the Department of Defense, shall convene a summit dealing with issues of domestic violence, sexual assault, and stalking associated with the Armed Forces.", "id": "HF1FFC5449A89457DAF9C4204A9493C8F", "header": "Establishment" }, { "text": "1603. Eligible participants \nThe Secretary shall provide for participants in the summit under this title to include the following: (1) Representatives from a broad cross-section of military authorities, including leadership, commands, services, departments, and programs. (2) Representatives of Federal, State, national, and local governments, including the Department of Justice, the Violence Against Women Office, the National Institute of Justice, the Department of Health and Human Services, the Administration on Children, Youth and Families, and Indian tribes or tribal organizations. (3) Members of Congress. (4) Representatives of national, State, and local law enforcement organizations. (5) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates. (6) Representatives of national and State coalitions dedicated to policy and social change to address domestic violence, sexual assault, and stalking. (7) Representatives of nonprofit, private or nongovernmental service providers. (8) Public and private organizations working in the field of domestic violence, sexual assault, and stalking. (9) Individuals with demonstrated expertise and experience in addressing the intersection between domestic violence, sexual assault, and stalking. (10) Individuals with demonstrated expertise and experience in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, and stalking. (11) Survivors of domestic violence, sexual assault, or stalking, including members of the Armed Forces on active duty, family members of such members, veterans, and family members of veterans. (12) Representatives of academic, research, and education facilities with demonstrated expertise and experience in domestic violence, sexual assault, and stalking. (13) Representatives of the Department of Veterans Affairs including counselors, social workers, psychologists and therapists assigned to the Sexual Trauma Counseling Centers or Women’s Wellness Programs. (14) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces.", "id": "HECBCA2E4490D4344AC57E01ED3EDE94B", "header": "Eligible participants" }, { "text": "1604. Summit activities \nThe summit activities shall include a discussion of, and compiling of recommendations and strategy for, a strategic plan that seeks to— (1) involve more leadership, command, and servicemembers in prevention and other activities designed to end domestic violence, sexual assault, and stalking; (2) encourage the military departments to implement adequate policies for intervening in incidents of domestic violence, sexual assault, and stalking; (3) encourage the military departments to develop policies, directives, and statutes to hold perpetrators accountable; and (4) encourage the military departments to enhance the care and support of victims, including confidentiality of communications and privacy.", "id": "H359D8E284589480387D22D2C0852058F", "header": "Summit activities" }, { "text": "1605. Authorization of appropriations \nFor the purposes of carrying out this title, there are authorized to be appropriated $200,000. The Secretary of Defense is encouraged to seek financial support from the Department of Justice and the Department of Health and Human Services to assist in carrying out the goals of this title.", "id": "H2D9FE55577564A97AE145E1742B9C19", "header": "Authorization of appropriations" }, { "text": "1701. Establishment \nNot later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate of the Department of Defense, shall convene a national conference to present the results and recommendations of the following: (1) The Department of Defense Task Force on the Care of Sexual Assault Victims. (2) The Department of Defense Task Force on Domestic Violence. (3) The Department of Defense Task Force of Sexual Harassment and Misconduct at the Military Academies.", "id": "H1B24EC39BA304CA7938DC0C32574F0A9", "header": "Establishment" }, { "text": "1702. Conference participants \nThe Secretary shall provide for participants in the conference under this title to include the following: (1) Representatives from a broad cross-section of military authorities including leadership, commands, services, departments and programs. (2) Representatives of Federal, State, national and local governments including the Department of Justice, the Violence Against Women Office, the National Institute of Justice, the Department of Health and Human Services, the Administration on Children, Youth and Families, and Indian tribes or tribal organizations. (3) Representatives of national, State, and local law enforcement. (4) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates. (5) Representatives of national and State coalitions dedicated to policy and social change to address domestic violence, sexual assault, and stalking. (6) Representatives of nonprofit, private, or nongovernmental service providers. (7) Public and private organizations working in the field of domestic violence, sexual assault, and stalking. (8) Individuals with demonstrated expertise and experience in addressing the intersection between domestic violence, sexual assault, and stalking. (9) Individuals with demonstrated expertise and experience in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, and stalking. (10) Survivors of domestic violence, sexual assault, and stalking, including members of the Armed Forces on active duty, family members of such members, veterans, and family members of veterans. (11) Representatives of academic, research, and education facilities with demonstrated expertise and experience in domestic violence, sexual assault, and stalking. (12) Representatives of the Department of Veterans Affairs, including counselors, social workers, psychologists, and therapists assigned to the Sexual Trauma Counseling Centers or Women’s Wellness Programs. (13) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces.", "id": "HB5DB5885661B482288062809A55D498F", "header": "Conference participants" }, { "text": "1703. Conference activities \nThe conference shall— (1) provide leadership, command, family advocacy, military criminal investigators, law enforcement, and security forces with the tools they need to begin implementing programs that directly address domestic violence, sexual assault, and stalking; (2) implement statutory and regulatory directives; and (3) foster a zero tolerance policy within the military departments.", "id": "H1C2BE7922A2A47DDAE8D957B9F5CACED", "header": "Conference activities" }, { "text": "1704. Authorization of appropriations \nFor the purposes of carrying out this title, there is authorized to be appropriated $700,000 to the Department of Defense. The Secretary of Defense is encouraged to seek financial support from the Department of Justice and the Department of Health and Human Services to assist in carrying out the goals of this title.", "id": "H2E709BDDD0A54C50A2F296DEEA7CCC8", "header": "Authorization of appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Meskwaki Code Talkers Recognition Act.", "id": "H9993CE756078407480BE962F4FAFF12E", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) During World War II, 8 members of the Meskwaki tribe of Tama County, Iowa, used their native language as code to transmit vital information to the United States Armed Forces regarding enemy actions, locations, troops, and ammunition. (2) These Meskwaki tribe members, known as the Meskwaki Code Talkers, worked under challenging conditions in North Africa, taking extreme risks to provide critical information to the United States Armed Forces. (3) Frank Sanache, the only surviving Meskwaki Code Talker, endured severe hardships both while he was stationed in North Africa and while he was held prisoner in a Polish internment camp after being captured by the Germans. (4) The enemy was never able to translate the native Meskwaki language, and the Meskwaki Code Talkers, among other Code Talkers, are credited with saving the lives of countless members of the United States Armed Forces and contributing significantly to the victory of the United States and its allies.", "id": "H6146D6771DDE4CABB721AB3E7B542D1C", "header": "Findings" }, { "text": "3. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of gold medals of appropriate design to each of the 8 Meskwaki Code Talkers, including— (1) Edward Benson; (2) Dewey Roberts; (3) Frank Sanache; (4) Willard Sanache; (5) Melvin Twin; (6) Judy Wayne Wabaunasee; (7) Mike Wayne Wabaunasee; and (8) Dewey Youngbear. (b) Additional medals \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate may make appropriate arrangements for the presentation of additional medals to other individuals not designated in subsection (a) who also served as Meskwaki Code Talkers during World War II. (c) Medals awarded posthumously \nThe medals authorized by this Act may be awarded posthumously to a surviving family member of the individuals designated in subsection (a) and referred to in subsection (b). (d) Design and striking \nFor the purpose of the presentation referred to in this section, the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HCA64A45711A94865A98F80EAB7F0DFFC", "header": "Congressional gold medal" }, { "text": "4. Duplicate medals \nThe Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs of the duplicate medals and the gold medal (including labor, materials, dies, use of machinery, and overhead expenses).", "id": "H87312F7CA23C49398372275775F4357D", "header": "Duplicate medals" }, { "text": "5. National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H4ED140BCBD744AE5BDDFC2638EE4FA92", "header": "National medals" }, { "text": "6. Funding \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the costs of the medals authorized by this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.", "id": "HBA2F10EA5FDD439AB27220A292208B8C", "header": "Funding" } ]

[ { "text": "1. Indexing for inflation of exemption amount for individuals under the alternative minimum tax \n(a) In general \nSubsection (d) of section 55 of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by inserting after paragraph (3) the following new paragraph: (4) Inflation adjustment \n(A) In general \nIn the case of any taxable year beginning in a calendar year after 2004, the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2003 for 1992 in subparagraph (B) thereof. (B) Rounding \nAny increase determined under subparagraph (A) which is not a multiple of $50 shall be rounded to the next lowest multiple of $50.. (b) Conforming amendments \n(1) Section 55(d)(1)(A) of such Code is amended by striking $45,000 ($58,000 in the case of taxable years beginning in 2003 and 2004) and inserting $58,000. (2) Section 55(d)(1)(A) of such Code is amended by striking $33,750 ($40,250 in the case of taxable years beginning in 2003 and 2004) and inserting $40,250. (3) Subsection (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). (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2004.", "id": "H5442492D6E8E450CBDBCA4F6005668AE", "header": "Indexing for inflation of exemption amount for individuals under the alternative minimum tax" }, { "text": "2. Repeal of Alternative Minimum Tax in 2010 \n(a) In general \nSubsection (a) of section 55 of the Internal Revenue Code of 1986 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, 2009, shall be zero.. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2009.", "id": "H004620FF297940EC84D67C204C73044E", "header": "Repeal of Alternative Minimum Tax in 2010" } ]

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

[ { "text": "1. Short title \nThis Act may be cited as the Ammonium Nitrate Security Act.", "id": "H54F47E8F57FF45E0A757A34CDA171D76", "header": "Short title" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Restoration of State Sovereignty Act of 2004.", "id": "HF63D2CEDF25D4DFDA639E000E823B051", "header": "Short title" }, { "text": "2. States to retain rights and authorities they do not expressly waive \n(a) Retention of rights and authorities \nNo officer, employee, or other authority of the Federal Government shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving Federal financial assistance under a grant program established under Federal law, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, have waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Federal Government as a condition of receiving that assistance. (b) Definition of state authority \nAs used in this section, the term authority of a State includes any officer or employee of the State and any local government authority of the State. (c) Effective date \nThis section applies in each State beginning at the end of the first regular session of the legislature of that State that begins after the date of the enactment of this Act and shall continue to apply in subsequent years until otherwise provided by law.", "id": "H8B446FAD5D2B49178E00F505376307B1", "header": "States to retain rights and authorities they do not expressly waive" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair Access and Individual Responsibilities Act of 2004.", "id": "H78D1258244BE42598D4DE8D3B2228C57", "header": "Short title" }, { "text": "2. Industrial operations in Federal Prisons \n(a) Board of directors \nSection 4121 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: (a) Establishment \nFederal Prison Industries is a government corporation of the District of Columbia. (b) Board \n(1) In general \nFederal Prison Industries is administered by a board of directors, composed of 12 directors appointed by the Attorney General, of which 4 shall be appointed as follows: (A) 1 director upon the recommendation of the Speaker of the House of Representatives. (B) 1 director upon the recommendation of the minority leader of the House of Representatives. (C) 1 director upon the recommendation of the majority leader of the Senate. (D) 1 director upon the recommendation of the minority leader of the Senate. (2) Term \nA director shall be appointed to a term of 4 years and may be reappointed. (3) Compensation \nA director shall serve without compensation. (c) Duty \nThe duty of the board shall be to carry on and facilitate such industrial operations in Federal correctional institutions as the Attorney General determines. (d) Chief executive officer \nThe Director of the Bureau of Prisons shall serve as chief executive officer of the corporation. (e) Independent review panel \n(1) In general \nThe Attorney General shall appoint an independent review panel to advise the board of directors regarding the type and quantity of products to be produced by Federal Prison Industries and conditions of hire and work consistent with this chapter. (2) Members \nThe panel shall be comprised of— (A) 1 member representing the Department of Commerce; (B) 1 member representing the Department of Labor; (C) 1 member representing the Department of the Treasury; (D) 1 member representing the International Trade Commission; (E) 1 member representing the Small Business Association; (F) 1 member representing the Economic Development Administration; (G) 1 member representing the business community; (H) 1 member representing organized labor; (I) 1 member representing taxpayers; (J) 1 member representing crime victims; (K) 1 member representing the Department of Health and Human Services Office of Child Support Enforcement; (L) 1 member representing minorities overrepresented in prison populations; (M) not less than 2 members representing, and appointed from among, inmates working in Federal Prison Industries; and (N) such other members as the Attorney General considers appropriate. (3) Compensation \nMembers of the panel shall serve without compensation. (4) Inapplicability of faca \nThe Federal Advisory Committee Act shall not apply with respect to the panel.. (b) Administration \nSection 4122 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: (a) In general \nThe Attorney General shall determine in what manner and to what extent industrial operations shall be carried on in Federal correctional institutions. (b) Objectives \nThe Attorney General shall conduct such operations so as to maximize— (1) the productivity, legal income, and financial responsibility of every Federal corrections inmate; (2) the unsubsidized competitive opportunities of industrial operations in Federal correctional institutions; and (3) the profit opportunities of private and non-profit firms employing inmates in Federal correctional institutions, within the rules of the normal competitive economy and subject to the requirements of safe and secure correctional facilities. (c) Responsibilities \nWithin requirements of safety and security, the Attorney General shall be responsible for protecting and facilitating the participation rights of each Federal corrections inmate as well as for facilitating the ability of each inmate to meet that inmate’s financial responsibilities through successful competitive participation in the economy of the United States. (d) Availability of opportunities \nThe Attorney General shall endeavor to make available to inmates who have been committed to the custody of the Bureau of Prisons opportunities, free from discrimination, to work or be employed in a Federal Prison Industries shop. (e) Standards \nThe Attorney General may set standards regarding education and conduct for those inmates who work in a Federal Prison Industries shop. (f) Voluntary movement \nExcept where safety and security of individual inmates requires exception, the voluntary movement of inmates among classes of institutional maintenance, work, or employment shall not be inhibited..", "id": "H63B9621D4FC94152A99D0465FA1453A6", "header": "Industrial operations in Federal Prisons" }, { "text": "3. Industry classes \n(a) Purchase of prison-made products by Federal departments \nSection 4124 of title 18, United States Code, is amended by striking products of the industries authorized by this chapter and inserting products of Class A industries authorized by this chapter. (b) Classes A , b, c, and d \n(1) Chapter 307 of title 18, United States Code, is amended by adding after section 4124 the following new sections: 4124A. Class A industries \n(a) Definition \nIn this chapter, a Class A industry is an industry established under this chapter as of December 31, 2002. (b) Limitations on number of workers \nThe number of inmates working in Class A industries may not exceed— (1) the number of inmates working in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the number referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the number referred to in paragraph (1), after December 31, 2020. (c) Limitations on percentage of workers \nOf the total population of inmates, the percentage who work in Class A industries may not exceed— (1) the percentage who worked in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the percentage referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the percentage referred to in paragraph (1), after December 31, 2020. (d) Limitation on industries \nThe types of industries in Class A industries may not expand beyond the industries in existence as of December 31, 2002. 4124B. Class B industries \n(a) Definition \nIn this chapter, a Class B industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a competitive entity unrelated to a Class A industry that produces goods or services for sale in government or open markets, including in interstate and international commerce. (2) The entity is an independent taxpaying unit subject to all opportunities and obligations affecting a similarly located private firm. (3) All civilian and inmate workers of the entity are identically covered under wage and benefit plans and all Federal and applicable State and local laws covering civilian employees, including but not limited to all provisions of the Fair Labor Standards Act, the National Labor Relations Act, the Americans With Disabilities Act, and health and safety standards affecting private firms. (4) The entity is subject to all license, permit, and tax obligations of a similarly located private firm. (5) Any land, buildings, capital equipment, utilities, services, or staff assistance (except security) owned or provided to the entity by Federal Prison Industries are obtained in an arms-length, open, competitive bidding process maximizing returns to taxpayers. (6) The entity does not receive from Federal Prison Industries any implicit or explicit subsidy not equivalently offered to other firms. (7) The entity, before engaging in a business, offers for competitive bid all resources, including opportunities to recruit inmate employees, to firms in the locale engaged in the proposed line of business. (8) Mandatory preference does not apply to the entity. 4124C. Class C industries \n(a) Definition \nIn this chapter, a Class C industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a private entity located in a Federal correctional institution that produces goods or services for sale in government or open markets, including in interstate and international commerce. (2) The entity employs convicts or prisoners who meet the requirements of each paragraph of section 1761(c) of this title. (3) The entity meets the same requirements that an entity must meet for participation in the State Prison Industry Enhancement Certification program of the Department of Justice. (4) The entity meets any other requirements that the Federal Bureau of Prisons may prescribe under subsection (c). (c) BOP requirements \n(1) In general \nThe Federal Bureau of Prisons shall prescribe the other requirements referred to in subsection (b)(4). The first such requirements shall be published not later than 180 days after the date of the enactment of this section. (2) Limitations \nThe requirements shall be designed to maximize opportunities for private and nonprofit firms to compete for efficient operations in Federal correctional facilities while maintaining necessary security. The requirements shall ensure that a Class C industry may be established, invested in, or participated in, by inmates, so long as— (A) normal conditions of law are met; (B) the business or investment poses no significant threat to the safety or security of the institution; and (C) inmate entrepreneurs and managers exercise no notable control or influence over employed inmates outside the workplace. 4124D. Class D industries \n(a) Definition \nIn this chapter, a Class D industry is a pilot industry that is created for purposes of testing reform of inmate employment and prison industries and that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) Inmate participation is voluntary. (2) The entity carrying out the industry meets all health and safety regulations. (3) The Attorney General determines that the industry is safe, fair, and devised to increase inmate economic well-being. (4) It is a legitimate test industry meant to be preliminary to wider application or for purposes of determining whether there should be a proposed change in law. (5) The entity carrying out the industry has adequate public oversight and independent evaluation. (c) BOP requirements \nThe Federal Bureau of Prisons may establish up to 20 separate Class D industries, employing no more than a cumulative total of 2000 inmates over the life of the Class D industry program. (d) Relationship to class A , b, and c industries \nClass D industries do not have to comply with the requirements of class A, B, and C industries, as set forth in sections 4124A, 4124B, and 4124C. (e) Termination \nThe Class D industries program shall terminate on December 31, 2020. 4124E. Other industries prohibited \nAn industry may not be established under this chapter unless it is a Class A industry under section 4124A, a Class B industry under section 4124B, a Class C industry under section 4124C, or a Class D industry under section 4124D.. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: 4124A. Class A industries 4124B. Class B industries 4124C. Class C industries 4124D. Class D industries 4124E. Other industries prohibited.", "id": "HB4F1CE490DDA4E18A55F187470E93100", "header": "Industry classes" }, { "text": "4124A. Class A industries \n(a) Definition \nIn this chapter, a Class A industry is an industry established under this chapter as of December 31, 2002. (b) Limitations on number of workers \nThe number of inmates working in Class A industries may not exceed— (1) the number of inmates working in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the number referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the number referred to in paragraph (1), after December 31, 2020. (c) Limitations on percentage of workers \nOf the total population of inmates, the percentage who work in Class A industries may not exceed— (1) the percentage who worked in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the percentage referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the percentage referred to in paragraph (1), after December 31, 2020. (d) Limitation on industries \nThe types of industries in Class A industries may not expand beyond the industries in existence as of December 31, 2002.", "id": "H67BCADB703E14777BFB8B0908CD500FC", "header": "Class A industries" }, { "text": "4124B. Class B industries \n(a) Definition \nIn this chapter, a Class B industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a competitive entity unrelated to a Class A industry that produces goods or services for sale in government or open markets, including in interstate and international commerce. (2) The entity is an independent taxpaying unit subject to all opportunities and obligations affecting a similarly located private firm. (3) All civilian and inmate workers of the entity are identically covered under wage and benefit plans and all Federal and applicable State and local laws covering civilian employees, including but not limited to all provisions of the Fair Labor Standards Act, the National Labor Relations Act, the Americans With Disabilities Act, and health and safety standards affecting private firms. (4) The entity is subject to all license, permit, and tax obligations of a similarly located private firm. (5) Any land, buildings, capital equipment, utilities, services, or staff assistance (except security) owned or provided to the entity by Federal Prison Industries are obtained in an arms-length, open, competitive bidding process maximizing returns to taxpayers. (6) The entity does not receive from Federal Prison Industries any implicit or explicit subsidy not equivalently offered to other firms. (7) The entity, before engaging in a business, offers for competitive bid all resources, including opportunities to recruit inmate employees, to firms in the locale engaged in the proposed line of business. (8) Mandatory preference does not apply to the entity.", "id": "HF48538DA29304C28A598FBCD764BC00", "header": "Class B industries" }, { "text": "4124C. Class C industries \n(a) Definition \nIn this chapter, a Class C industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a private entity located in a Federal correctional institution that produces goods or services for sale in government or open markets, including in interstate and international commerce. (2) The entity employs convicts or prisoners who meet the requirements of each paragraph of section 1761(c) of this title. (3) The entity meets the same requirements that an entity must meet for participation in the State Prison Industry Enhancement Certification program of the Department of Justice. (4) The entity meets any other requirements that the Federal Bureau of Prisons may prescribe under subsection (c). (c) BOP requirements \n(1) In general \nThe Federal Bureau of Prisons shall prescribe the other requirements referred to in subsection (b)(4). The first such requirements shall be published not later than 180 days after the date of the enactment of this section. (2) Limitations \nThe requirements shall be designed to maximize opportunities for private and nonprofit firms to compete for efficient operations in Federal correctional facilities while maintaining necessary security. The requirements shall ensure that a Class C industry may be established, invested in, or participated in, by inmates, so long as— (A) normal conditions of law are met; (B) the business or investment poses no significant threat to the safety or security of the institution; and (C) inmate entrepreneurs and managers exercise no notable control or influence over employed inmates outside the workplace.", "id": "H8F59D6C14B05403A93CC057837824B28", "header": "Class C industries" }, { "text": "4124D. Class D industries \n(a) Definition \nIn this chapter, a Class D industry is a pilot industry that is created for purposes of testing reform of inmate employment and prison industries and that meets the requirements of subsection (b). (b) Requirements \nAn industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) Inmate participation is voluntary. (2) The entity carrying out the industry meets all health and safety regulations. (3) The Attorney General determines that the industry is safe, fair, and devised to increase inmate economic well-being. (4) It is a legitimate test industry meant to be preliminary to wider application or for purposes of determining whether there should be a proposed change in law. (5) The entity carrying out the industry has adequate public oversight and independent evaluation. (c) BOP requirements \nThe Federal Bureau of Prisons may establish up to 20 separate Class D industries, employing no more than a cumulative total of 2000 inmates over the life of the Class D industry program. (d) Relationship to class A , b, and c industries \nClass D industries do not have to comply with the requirements of class A, B, and C industries, as set forth in sections 4124A, 4124B, and 4124C. (e) Termination \nThe Class D industries program shall terminate on December 31, 2020.", "id": "H9ECFF17F529E488DA1D71EF190E9C3C4", "header": "Class D industries" }, { "text": "4124E. Other industries prohibited \nAn industry may not be established under this chapter unless it is a Class A industry under section 4124A, a Class B industry under section 4124B, a Class C industry under section 4124C, or a Class D industry under section 4124D.", "id": "HE28D2E2F5BD34883AA4E7EFC1F27E7F0", "header": "Other industries prohibited" }, { "text": "4. Repeal of mandatory source provisions \nSection 4124 of title 18, United States Code, is amended by adding at the end the following new subsection: (e) (1) Except as provided in paragraph (2), this section shall not apply after December 31, 2010. (2) This section shall apply with respect to Federal Prison Industries at a specific correctional facility for a period not exceeding 2 years after December 31, 2010, if the Attorney General— (A) certifies that national security or security of the facility would be endangered if the section ceased to apply with respect to the facility; and (B) publishes a plan for the elimination, by the end of the period for which the applicability is extended under this paragraph, of the conditions causing the endangerment of national security or security of the facility..", "id": "H7B83691F579C43128906A1CA76E41D31", "header": "Repeal of mandatory source provisions" }, { "text": "5. Inmate wage rates \n(a) In general \nChapter 307 of title 18, United States Code, is amended by adding after section 4124E (as added by section 3) the following new section: 4124F. Wage rates \n(a) In general \nWithin the requirements of safe and secure confinement, the Attorney General shall modify correctional practices to improve the attractiveness and business efficiency of Federal correctional facilities to ensure maximum employment of inmates at prevailing wages. (b) Prevailing wage \nA Federal inmate employed in a Class B industry or a Class C industry, and a State or local inmate employed in connection with the Prison Industry Enhancement Certification program of the Department of Justice, shall be paid at a wage not less than the prevailing wage in the locality, except— (1) to the degree the productivity of individual inmates or subgroups of inmates can be reasonably demonstrated to lag that of civilian workers in the locality, and then only for the period during which their productivity lags, as demonstrated on an annual basis and certified by the Department of Employment Services in the host State; or (2) to the degree unavoidable inefficiencies or risks of operating in a correctional setting deter a facility’s hiring inmates at prevailing wages, as evidenced by its inability to attract enough firms to employ 50 inmates at prevailing wages, provided that— (A) the reduction in any inmate’s wage is no more than 50 percent of the difference between the Federal minimum wage and the determined prevailing wage; (B) the full value of the reduction, to the limit of the prescribed deduction, is credited to the inmate in lieu of deductions for board and room; (C) the inefficiencies, efforts to mitigate them, and justifications for their persistence are documented and published; and (D) the inefficiency is certified annually by the Attorney General or a State attorney general; or (3) during the first 24 months of a new firm or new Class B industry’s operation in a correctional facility. (c) Reasonable measures \nIn all instances justifying sub-prevailing wages because of reduced productivity, the host correctional facility will have in place reasonable measures including, but not limited to, access to education and appropriate training, to increase the productivity of the affected inmates. (d) Notice \nNo facility may contract with or establish a firm employing inmates at less than prevailing wages unless it has first by public notice in the Federal Register and by other effective means offered opportunities to all firms to compete for employment of inmates at the facility.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4124E (as added by section 3) the following new item: 4124F. Wage rates.", "id": "H354A34983E2245AABCCA6BB58400B2AA", "header": "Inmate wage rates" }, { "text": "4124F. Wage rates \n(a) In general \nWithin the requirements of safe and secure confinement, the Attorney General shall modify correctional practices to improve the attractiveness and business efficiency of Federal correctional facilities to ensure maximum employment of inmates at prevailing wages. (b) Prevailing wage \nA Federal inmate employed in a Class B industry or a Class C industry, and a State or local inmate employed in connection with the Prison Industry Enhancement Certification program of the Department of Justice, shall be paid at a wage not less than the prevailing wage in the locality, except— (1) to the degree the productivity of individual inmates or subgroups of inmates can be reasonably demonstrated to lag that of civilian workers in the locality, and then only for the period during which their productivity lags, as demonstrated on an annual basis and certified by the Department of Employment Services in the host State; or (2) to the degree unavoidable inefficiencies or risks of operating in a correctional setting deter a facility’s hiring inmates at prevailing wages, as evidenced by its inability to attract enough firms to employ 50 inmates at prevailing wages, provided that— (A) the reduction in any inmate’s wage is no more than 50 percent of the difference between the Federal minimum wage and the determined prevailing wage; (B) the full value of the reduction, to the limit of the prescribed deduction, is credited to the inmate in lieu of deductions for board and room; (C) the inefficiencies, efforts to mitigate them, and justifications for their persistence are documented and published; and (D) the inefficiency is certified annually by the Attorney General or a State attorney general; or (3) during the first 24 months of a new firm or new Class B industry’s operation in a correctional facility. (c) Reasonable measures \nIn all instances justifying sub-prevailing wages because of reduced productivity, the host correctional facility will have in place reasonable measures including, but not limited to, access to education and appropriate training, to increase the productivity of the affected inmates. (d) Notice \nNo facility may contract with or establish a firm employing inmates at less than prevailing wages unless it has first by public notice in the Federal Register and by other effective means offered opportunities to all firms to compete for employment of inmates at the facility.", "id": "HCAA442AEA8BC45AB82A581237BECD0B7", "header": "Wage rates" }, { "text": "6. Incentives to trade organizations and non-profits \n(a) In general \nFrom amounts made available to carry out this section, the Attorney General may make matching grants to business trade organizations, labor organizations, and human rights and non-profit organizations to attract firms and create business entities in Federal and State correctional settings. (b) Purpose \nThe purpose of a matching grant under subsection (a) shall be to encourage investment and innovation in bringing inmates into successful open market employment. (c) Grant amounts and terms \nA matching grant under subsection (a) may be made for not more than five years, in an amount not to exceed $200,000 per year. (d) Set-Aside \nNot less than 20 percent of amounts made available to carry out this section shall be used for research and evaluation.", "id": "H035311E53FC4416A85C4367BABEDA6B4", "header": "Incentives to trade organizations and non-profits" }, { "text": "7. Inmate financial responsibilities \n(a) In general \nChapter 307 of title 18, United States Code, is amended by adding after section 4124F (as added by section 5) the following new section: 4124G. Inmate financial responsibilities \n(a) In general \nThe Attorney General shall facilitate the success of each inmate in meeting reasonably proportioned financial obligations to the victims of that inmate, the children and family of that inmate, to taxpayers, and the inmate individually. In particular, the Director of the Bureau of Prisons shall coordinate with working inmates and courts, family services, and offices of child support enforcement to ensure victim compensation, restitution, family support, establishment of paternity and reasonable child support orders, payment toward any other court-ordered obligations, to contribute toward the costs of incarceration, as well as for reasonable actions to encourage prudent purchasing, saving, and investment by inmates. (b) Class B deductions \nDeductions may be made from the earnings of an inmate in a Class B industry only for taxes and normal payroll deductions, court-ordered deductions for any purpose, victim compensation, restitution, family support, child and family support, and contributions to costs of incarceration. Deductions may not, in total, exceed 80 percent of gross pay. No deduction from any inmate's earnings for costs of incarceration, victim compensation, or restitution can exceed the aggregate average rate of deductions for family or child support. The Attorney General may require and monitor savings, and Federal Prison Industries shall encourage prudent interest-earning savings. Inmates shall have full access to Federal Prisons credit union savings or investment accounts on terms identical to those offered civilian employees for all required savings. Although savings may be required from the 20 percent of gross income remaining for the inmate, at least half of the remainder shall be held exempt from any deduction ordered by Federal Prison Industries or any court and will accrue solely to the discretion of the inmate wage earner. Records of all deductions will be maintained by category and compiled annually for public release. (c) Class C deductions \nDeductions may be made from the earnings of an inmate in a Class C industry in the same manner as deductions may be made from the earnings of an inmate in a Prison Industry Enhancement Certification program of the Department of Justice.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by adding after the item relating to section 4124F (as added by section 5) the following new item: 4124G. Inmate financial responsibilities.", "id": "H87D3587D237F47248E5D6CF3B5100041", "header": "Inmate financial responsibilities" }, { "text": "4124G. Inmate financial responsibilities \n(a) In general \nThe Attorney General shall facilitate the success of each inmate in meeting reasonably proportioned financial obligations to the victims of that inmate, the children and family of that inmate, to taxpayers, and the inmate individually. In particular, the Director of the Bureau of Prisons shall coordinate with working inmates and courts, family services, and offices of child support enforcement to ensure victim compensation, restitution, family support, establishment of paternity and reasonable child support orders, payment toward any other court-ordered obligations, to contribute toward the costs of incarceration, as well as for reasonable actions to encourage prudent purchasing, saving, and investment by inmates. (b) Class B deductions \nDeductions may be made from the earnings of an inmate in a Class B industry only for taxes and normal payroll deductions, court-ordered deductions for any purpose, victim compensation, restitution, family support, child and family support, and contributions to costs of incarceration. Deductions may not, in total, exceed 80 percent of gross pay. No deduction from any inmate's earnings for costs of incarceration, victim compensation, or restitution can exceed the aggregate average rate of deductions for family or child support. The Attorney General may require and monitor savings, and Federal Prison Industries shall encourage prudent interest-earning savings. Inmates shall have full access to Federal Prisons credit union savings or investment accounts on terms identical to those offered civilian employees for all required savings. Although savings may be required from the 20 percent of gross income remaining for the inmate, at least half of the remainder shall be held exempt from any deduction ordered by Federal Prison Industries or any court and will accrue solely to the discretion of the inmate wage earner. Records of all deductions will be maintained by category and compiled annually for public release. (c) Class C deductions \nDeductions may be made from the earnings of an inmate in a Class C industry in the same manner as deductions may be made from the earnings of an inmate in a Prison Industry Enhancement Certification program of the Department of Justice.", "id": "HF9C075B8B1594107A1E74FDEF62000B7", "header": "Inmate financial responsibilities" }, { "text": "8. Support by other Federal agencies \n(a) In general \nFrom amounts made available to carry out this section, the Attorney General shall facilitate other Federal, State, and other agencies increasing the education, skills, and economic productivity of the Federal inmate population and in assisting inmates in meeting financial obligations. (b) Inmate and industry rights \nNo Federal inmate and no Class A, Class B, or Class C industry of Federal Prison Industries may be prohibited from obtaining the services of a Federal agency for which that inmate or industry is otherwise qualified, so long as institutional safety and security are preserved. (c) Authorization of appropriations \nThere are authorized to be appropriated $50,000 for each of fiscal years 2005 through 2015 for each of the Departments of Commerce, Education, Justice, Health and Human Services, Labor, and Treasury, to identify and begin to effect linkages between Departmental programs and services serving Federal, State, and local inmates and correctional industries.", "id": "HD235E2AB5D5047D0B33DE9876593F8BD", "header": "Support by other Federal agencies" }, { "text": "9. Rights of inmate workers \n(a) Establishment of procedures \nNot later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Prisons shall establish procedures to ensure that inmate workers have the right to form and join a labor organization of their own choice and to engage in collective bargaining. (b) Rights \nSuch procedures shall— (1) ensure employer and prison authority neutrality with regard to the exercise of collective bargaining rights by inmate workers; (2) provide for a right of inmate workers to withhold services in the event of a dispute over terms and conditions of employment; (3) enable inmate workers to initiate collective bargaining upon a showing by petition that a majority of workers of a unit appropriate for collective bargaining wish to be represented by an individual or labor organization (except that bargaining unit determinations will be made in accordance with the requirements of section 9(b)(3) of the National Labor Relations Act ( 29 U.S.C. 159(b)(3) )); (4) provide for binding arbitration if the inmate workers and the employer are unable to negotiate an initial collective bargaining agreement in a timely manner; and (5) otherwise afford inmate workers with similar rights to those afforded to employees under the National Labor Relations Act (29 U.S.C. 151 et seq).", "id": "HC107AC6ED2694BC28090FFF838069DA2", "header": "Rights of inmate workers" }, { "text": "10. Inmate worker councils \n(a) In general \nThe Attorney General shall establish inmate worker councils in each Federal correctional institution, including all inmates working in Class A, B, or C industries of Federal Prison Industries. The councils shall be for the purposes of— (1) increasing productivity, quality, and income opportunity, including recruiting new firms; (2) representing common workplace interests of inmate employees, including in negotiation with Federal Prison Industries and firm management; and (3) intersite and public communication representing inmate workers. (b) Communication and participation \nCouncils will be designed to encourage open communication about workplace issues within the bounds of safe and secure confinement. Each employed inmate shall have the right to participate in inmate councils, and local and national leadership of such councils shall be chosen by inmates in a free and democratic manner. (c) Non-workplace issues excluded \nCorrections issues whose primary impact is other than the workplace shall not be considered in inmate worker councils. (d) Approval of Class C agreements \nNo agreement for a Class C industry may be approved without review and comment by the facility’s inmate worker council. A council shall have full access to all terms and conditions of the proposed agreement affecting their employment, work content, duties, hours, pay, benefits, and other working conditions. Before such an agreement is signed, inmate worker council comments and recommendations must receive serious consideration by facility management and facility management must submit a formal reply to the council on each recommendation. The council, at its discretion, may publish the recommendations and response in their entirety. (e) Protection \nThe Attorney General shall ensure that workplace issues raised by any inmate through worker councils, whose reasonable consequences are legal, are exempt from correctional disciplinary action, workplace retaliation, or loss of any right or privilege. (f) Expenses \nReasonable council expenses shall be funded from that portion of deductions from inmate gross wages for board and room.", "id": "H56A03AC584E346F0875555E8501F808F", "header": "Inmate worker councils" }, { "text": "11. Business councils \n(a) In general \nThe Attorney General shall facilitate creation of councils of entities operating Class B or C industries in Federal correctional institutions. The councils shall be for the purposes of improving efficiency, competitiveness, employment, and profitability of such entities, improving working relationships with Federal institutions and the Federal Bureau of Prisons, as well as for improving safety, security, and public understanding of Federal prison industry programs. (b) Issues \nSuch councils shall exclusively address issues affecting workplace efficiency and success. Corrections issues whose primary impact is other than the workplace or business efficiency shall not be considered in business councils.", "id": "H91C38403272B4E9FACDC62A914AEB29", "header": "Business councils" }, { "text": "12. Workplace discipline and workplace issues \n(a) In general \nThis Act and the amendments made by this Act apply solely to workplace operations in correctional facilities regarding the production of goods and services for agencies or open markets other than the operation of the specific correctional facility. They do not apply to work in institutional maintenance or to correctional matters of any sort beyond the workplace. (b) Protection \nExcept where a specific workplace action can be shown to directly threaten or harm correctional safety or security, workplace issues involving inmates in Class A, B, or C industries must be addressed solely in the workplace with no correctional consequence. Correctional disciplinary procedures and transfers shall not be used to address inmate workplace issues, including issues raised in an otherwise legal collective bargaining process.", "id": "H3D35428BD9A248109DD071253ED27D38", "header": "Workplace discipline and workplace issues" }, { "text": "13. Correctional institution locations \nIn locating new correctional institutions, the Attorney General will favorably consider locations that increase or maximize Federal inmates’ opportunities for successful open-market employment and competitive participation in the United States economy, along with opportunities for education and training.", "id": "HF1F964748E024A32BAA2F638B8CC1827", "header": "Correctional institution locations" }, { "text": "14. Research and pilot program support \nThere are authorized to be appropriated to the Federal Bureau of Prisons, to assist the Federal Bureau of Prisons in transitioning to successful open-market participation for inmates and industries, $2,000,000 for each of fiscal years 2006 through 2015, to be available for— (1) external expertise in designing and effecting programs for Class B and C industries; (2) research and followup support; (3) staffing support to initiate such programs; and (4) outreach support.", "id": "HF368DF93B0A14157003939552CF8F820", "header": "Research and pilot program support" }, { "text": "15. Annual public reports \n(a) Accounting report \nNot later than June 30 of each year, the Attorney General shall publish a report, broken down by Class A, B, and C industries, on Federal Prison Industries. The report shall include— (1) numbers of working inmates by industry and occupation; (2) distributions of hours worked and hourly and annual incomes; (3) deductions by class of deduction; (4) annual value of product; (5) injuries and workers compensation claims; and (6) any other statistics necessary for a public accounting of inmate work. (b) Publications by private firms \nWith the exception of inmate wage disclosure, the Attorney General shall not require private firms employing inmates to publish information which would both— (1) not otherwise be required; and (2) could reasonably be construed to harm the firm’s competitive position. (c) Major events report \nConcurrently with the report required by subsection (a), the Attorney General shall publish annually a report summarizing major events and progress in each of Class A, B, and C industries of Federal Prison Industries. The report shall— (1) identify all significant events and decisions affecting inmate work opportunity, conditions of work, pay and benefits, and events affecting inmate participation in the workplace; and (2) include an annual national report prepared by inmate worker and business councils including whatever information those councils considers appropriate.", "id": "HE9A2D5DB8FC143948096853FD8B6D59C", "header": "Annual public reports" } ]

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

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

[ { "text": "1. Recognition as corporation and grant of Federal charter for national American Indian veterans, incorporated \n(a) In general \nPart B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: 1504 National American Indian veterans, incorporated \nSec 150401. Organization 150402. Purposes 150403. Membership 150404. Board of directors 150405. Officers 150406. Nondiscrimination 150407. Powers 150408. Exclusive right to name, seals, emblems, and badges 150409. Restrictions 150410. Duty to maintain tax-exempt status 150411. Records and inspection 150412. Service of process 150413. Liability for acts of officers and agents 150414. Failure to comply with requirements 150415. Annual report 150401. Organization \nThe National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter referred to as the corporation ), is a federally chartered corporation. 150402. Purposes \nThe purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations; (2) to unite under one body all American Indian, Alaska Native, and Native Hawaiian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian, Alaska Native, and Native Hawaiian veterans, their families, or survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and (7) to provide technical assistance to the 12 regional areas without veterans committees or organizations and programs by— (A) providing outreach service to those Tribes in need; and (B) training and educating Tribal Veterans Service Officers for those Tribes in need. 150403. Membership \nSubject to section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and by-laws of the corporation. 150404. Board of directors \nSubject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers \nSubject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination \nIn establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers \nThe corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution and bylaws which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges \n(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Construction \nNothing in this section shall be construed to interfere or conflict with established or vested rights. 150409. Restrictions \n(a) Stock and dividends \nThe corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (b) Distribution of income or assets \n(1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter. (2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans \nThe corporation shall not make any loan to any officer, director, member, or employee of the corporation. (d) No Federal endorsement \nThe corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities. 150410. Duty to maintain tax-exempt status \nThe corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. 150411. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and (3) at its principal office, a record of the names and addresses of all members having the right to vote. (b) Inspection \n(1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corporation is incorporated or the laws of those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 150412. Service of process \nWith respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 150413. Liability for acts of officers and agents \nThe corporation shall be liable for the acts of the officers and agents of the corporation when such individuals act within the scope of their authority. 150414. Failure to comply with requirements \nIf the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report \n(a) In general \nThe corporation shall report annually to Congress concerning the activities of the corporation during the preceding fiscal year. (b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. (c) Report not public document \nNo annual report under this section shall be printed as a public document.. (b) Clerical amendment \nThe table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by insert after the item relating to chapter 1503 the following new item: 1504. National American Indian Veterans, Incorporated 150401.", "id": "HB5D84BB3E0AF4CCCB775596039F6D1E9", "header": "Recognition as corporation and grant of Federal charter for national American Indian veterans, incorporated" }, { "text": "150401. Organization \nThe National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter referred to as the corporation ), is a federally chartered corporation.", "id": "HC07A2E03CF60404091A6CAB9B175178", "header": "Organization" }, { "text": "150402. Purposes \nThe purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations; (2) to unite under one body all American Indian, Alaska Native, and Native Hawaiian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian, Alaska Native, and Native Hawaiian veterans, their families, or survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and (7) to provide technical assistance to the 12 regional areas without veterans committees or organizations and programs by— (A) providing outreach service to those Tribes in need; and (B) training and educating Tribal Veterans Service Officers for those Tribes in need.", "id": "HB658FA9F2C994FF9BFDFD552D1E26B3E", "header": "Purposes" }, { "text": "150403. Membership \nSubject to section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and by-laws of the corporation.", "id": "H2E7CD68E341B4B32B147F6BA83A8618", "header": "Membership" }, { "text": "150404. Board of directors \nSubject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated.", "id": "HE99283C536A24599BDF4370FDAF8BE", "header": "Board of directors" }, { "text": "150405. Officers \nSubject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated.", "id": "H3569DB02451A4E6BAE6CDD01003325EE", "header": "Officers" }, { "text": "150406. Nondiscrimination \nIn establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age.", "id": "HB7CA5D6B55484264917BA22598FA8B2B", "header": "Nondiscrimination" }, { "text": "150407. Powers \nThe corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution and bylaws which shall conform to the laws of the jurisdiction under which the corporation is incorporated.", "id": "HBC177DDDFB9249DE83DA3203BF7F9751", "header": "Powers" }, { "text": "150408. Exclusive right to name, seals, emblems, and badges \n(a) In general \nThe corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Construction \nNothing in this section shall be construed to interfere or conflict with established or vested rights.", "id": "HA75B980805674F9ABEBD5799561812BC", "header": "Exclusive right to name, seals, emblems, and badges" }, { "text": "150409. Restrictions \n(a) Stock and dividends \nThe corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (b) Distribution of income or assets \n(1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter. (2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans \nThe corporation shall not make any loan to any officer, director, member, or employee of the corporation. (d) No Federal endorsement \nThe corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities.", "id": "HA7EE829C77E64C9289F1BDC900DDE5FD", "header": "Restrictions" }, { "text": "150410. Duty to maintain tax-exempt status \nThe corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986.", "id": "H3769FA3E91D747A1A74FEAFEDDDAFA5C", "header": "Duty to maintain tax-exempt status" }, { "text": "150411. Records and inspection \n(a) Records \nThe corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and (3) at its principal office, a record of the names and addresses of all members having the right to vote. (b) Inspection \n(1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corporation is incorporated or the laws of those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories.", "id": "H1A010267F6FB4C9A8F64E60900CFB846", "header": "Records and inspection" }, { "text": "150412. Service of process \nWith respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories.", "id": "HC5834338A2AB4318BA75D4B22CAAF6ED", "header": "Service of process" }, { "text": "150413. Liability for acts of officers and agents \nThe corporation shall be liable for the acts of the officers and agents of the corporation when such individuals act within the scope of their authority.", "id": "H77FB9AEC531B4CE4ACA387AEB7C1F8A", "header": "Liability for acts of officers and agents" }, { "text": "150414. Failure to comply with requirements \nIf the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire.", "id": "HA6916E88102042999CE2B5B59E022321", "header": "Failure to comply with requirements" }, { "text": "150415. Annual report \n(a) In general \nThe corporation shall report annually to Congress concerning the activities of the corporation during the preceding fiscal year. (b) Submittal date \nEach annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. (c) Report not public document \nNo annual report under this section shall be printed as a public document.", "id": "HFA16A8BCE4014DCC931CDE00EB00E6B7", "header": "Annual report" } ]

[ { "text": "1. Suspension of duty on ACRYPET UT100 \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.xx.xx Methyl methacrylate polymer with N-cyclohexylmaleimide, styrene, and alpha-methylstyrene (Cas No. 107194–09–2) (provided for in subheading 3906.10.00) 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": "H9BE4790FAF7543AE8B1F187D52DA5B5D", "header": "Suspension of duty on ACRYPET UT100" } ]

[ { "text": "1. Use of redevelopment bonds for environmental remediation \n(a) Environmental remediation included as redevelopment purpose \nSubparagraph (A) of section 144(c)(3) of the Internal Revenue Code of 1986 (relating to redevelopment purposes) is amended by striking and at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , and , and by adding at the end the following new clause: (v) the costs of environmental remediation (as defined in paragraph (9)(B)) with respect to a qualified contaminated site (as defined in paragraph (9)(C)) if such costs are incurred pursuant to an environmental remediation plan which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this clause.. (b) Certain requirements not to apply to redevelopment bonds for environmental remediation \nSubsection (c) of section 144 of such Code is amended by adding at the end the following new paragraph: (9) Redevelopment bonds for environmental remediation \nFor purposes of clause (v) of paragraph (3)(A)— (A) Certain requirements not to apply \nIn the case of any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance costs referred to in paragraph (3)(A)(v)— (i) paragraph (2)(A)(i) shall not apply, (ii) paragraph (2)(A)(ii) shall not apply to any issue issued by the governing body described in paragraph (4)(A) with respect to the area which includes the site, (iii) the requirement of paragraph (2)(B)(ii) shall be treated as met if— (I) the payment of the principal and interest on such issue is secured by taxes imposed by a governmental unit, or (II) such issue is approved by the applicable elected representative (as defined in section 147(f)(2)(E)) of the governmental unit which issued such issue (or on behalf of which such issue was issued), (iv) subparagraphs (C) and (D) of paragraph (2) shall not apply, (v) subparagraphs (C) and (D) of paragraph (4) shall not apply, and (vi) if the real property referred to in clause (iii) of paragraph (3)(A) is 1 or more dwelling units, such clause shall apply only if the requirements of section 142(d) or 143 (as the case may be) are met with respect to such units. (B) Environmental Remediation \nThe term environmental remediation means— (i) abatement or control of hazardous substances (as defined by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )), (ii) demolition of existing contaminated structures, permit fees necessary for remediation, and environmental audits, (iii) health assessments or health effects studies related to the site, and (iv) remediation of off-site contamination caused by activity on the site (other than remediation activities of a type permitted for the site). (C) Qualified contaminated site \nThe term qualified contaminated site means any contaminated site if— (i) the condition of the contaminated site is such that without funding under this section redevelopment is unlikely, (ii) the contaminated site has not been in productive use for at least 1 year before such funding, (iii) there is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base, and (iv) environmental remediation and redevelopment are likely to be completed within a reasonable period of time.. (c) Penalty for failure to satisfactorily complete remediation plan \nSubsection (b) of section 150 of such Code is amended by adding at the end thereof the following new paragraph: (7) Qualified contaminated site remediation bonds \nIn the case of financing provided for costs described in section 144(c)(3)(A)(v), no deduction shall be allowed under this chapter for interest on such financing during any period during which there is a determination by the Administrator of the Environmental Protection Agency (or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this paragraph) that the remediation plan under which such costs were incurred was not satisfactorily completed.. (d) Effective date \nThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.", "id": "H3D0792D6196042AD8112BA9D262631CF", "header": "Use of redevelopment bonds for environmental remediation" } ]

[ { "text": "1. Extension of normal trade relations to Laos \n(a) Findings \nCongress finds that— (1) the Lao People's Democratic Republic is pursuing a broad policy of adopting market-based reforms to enhance its economic competitiveness and achieve an attractive climate for investment; (2) extension of normal trade relations treatment would assist the Lao People's Democratic Republic in developing its economy based on free market principles and becoming competitive in the global marketplace; (3) establishing normal commercial relations on a reciprocal basis with the Lao People's Democratic Republic will promote United States exports to the rapidly growing southeast Asian region and expand opportunities for United States business and investment in the Lao People's Democratic Republic economy; (4) United States and Laotian commercial interests would benefit from the bilateral trade agreement between the United States and the Lao People's Democratic Republic, signed in 2003, providing for market access and the protection of intellectual property rights; (5) the Lao People's Democratic Republic has taken cooperative steps with the United States in the global war on terrorism, combating the trafficking of narcotics, and the accounting for American servicemen and civilians still missing from the Vietnam war; and (6) expanding bilateral trade relations that include a commercial agreement may promote further progress by the Lao People's Democratic Republic on human rights, religious tolerance, democratic rule, and transparency, and assist that country in adopting regional and world trading rules and principles. (b) Extension of nondiscriminatory treatment to the products of the Lao People's Democratic Republic \n(1) Harmonized Tariff Schedule amendment \nGeneral note 3(b) of the Harmonized Tariff Schedule of the United States is amended by striking Laos. (2) Effective date \nThe amendment made by paragraph (1) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the effective date of a notice published in the Federal Register by the United States Trade Representative that a trade agreement obligating reciprocal most-favored-nation treatment between the Lao People's Democratic Republic and the United States has entered into force.", "id": "H001123B389244708B78200693C34928E", "header": "Extension of normal trade relations to Laos" } ]

[ { "text": "1. Lieutenant General James V. Edmundson Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 560 Bay Isles Road in Longboat Key, Florida, shall be known and designated as the Lieutenant General James V. Edmundson 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 Lieutenant General James V. Edmundson Post Office Building.", "id": "H8DB15F769F314C3A855352F53C08D75D", "header": "Lieutenant General James V. Edmundson Post Office Building" } ]

[ { "text": "1. Credit against the alternative minimum tax where stock acquired pursuant to an incentive stock option is sold or exchanged at a loss \n(a) In general \nSection 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end the following new subsection: (e) Special rule in case of incentive stock options \n(1) In general \nThe amount determined under subsection (c) for any taxable year beginning after December 31, 2003, shall be not less than the incentive stock option tax. (2) Incentive stock option tax \nFor purposes of this subsection, the term incentive stock option tax means the excess (if any) of— (A) the aggregate tax imposed by section 55 by reason of section 56(b)(3) for all prior taxable years with respect to stock if— (i) such stock is sold or exchanged during the taxable year or any prior taxable year, and (ii) a loss is recognized on such sale or exchange for purposes of part VI, over (B) the aggregate increase in the amount determined under subsection (c) by reason of this subsection for all prior taxable years. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2003.", "id": "H7C35CEA9AB6D4A76BA738E1FF0BECC84", "header": "Credit against the alternative minimum tax where stock acquired pursuant to an incentive stock option is sold or exchanged at a loss" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Cesar E. Chavez Congressional Gold Medal Act.", "id": "H56A23DAD01F54E4A96A4159336E1FE75", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Cesar E. Chavez was born March 31, 1927, on a small farm near Yuma, Arizona, and died on April 23, 1993. (2) Numerous holidays, schools, parks, libraries, and other structures and events have been named after Cesar E. Chavez, in the United States and internationally, with many more planned. (3) Cesar E. Chavez was a recipient of the Martin Luther King Jr. Peace Prize during his lifetime and was awarded the Presidential Medal of Freedom on August 8, 1994. (4) Cesar E. Chavez was the grandson of a Mexican immigrant and settler and grew up working with migrant farm workers, picking grapes, melons, beans, and other crops at low wages and for long hours, during which time he developed a strong work ethic and respect for the farm workers his father called the children of God. (5) At the age of 18, Cesar E. Chavez entered the United States Navy and served his country with distinction for 2 years. (6) As early as 1949, Cesar E. Chavez committed himself to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, decent housing, and the outlawing of child labor. (7) In 1962, Cesar E. Chavez founded the National Farm Workers Association, predecessor of the United Farm Workers of America, which brought hope to farm workers that they might one day realize the basic protections and workers' rights to which all Americans aspire. (8) Through his commitment to nonviolence, Cesar E. Chavez brought dignity and respect to the farm workers who organized themselves, and became an inspiration and a resource to other Americans and people engaged in human rights struggles throughout the world. (9) Cesar E. Chavez's fasts and strikes gained national attention and made people aware of the struggle of farm workers for better pay and safer working conditions. (10) Cesar E. Chavez was an advocate for nonviolence at a time when violence penetrated every level of our society; he used boycotts, pickets, strikes, and fasts to achieve his goals and went to jail for refusing to stop his boycott against lettuce growers. (11) Despite the killings and beatings of many workers, Chavez never wavered in his commitment to nonviolence. (12) Cesar E. Chavez and his family also dedicated themselves to the education of farm workers' children through migrant schools, and many of these children graduated and worked as teachers, doctors, or nurses or in other professional occupations. (13) The legacy of Cesar E. Chavez includes healthy working conditions that yield uncontaminated food for America's tables. (14) Cesar E. Chavez's influence extends far beyond agriculture and provides inspiration for those working to better human rights through his example of organizing voter registration drives in urban and farm areas, initiating complaints against mistreatment by police and welfare officials, and empowering workers to seek advancement in education and politics. (15) Cesar E. Chavez lived alongside his campesino brothers and sisters in humble surroundings. (16) Upon his death in 1993, Cesar E. Chavez was laid to rest where he lived and worked for 23 years on the grounds of the headquarters of the United Farm Workers of America, known as Nuestra Señora de La Paz (Our Lady of Peace), located in the Tehachapi Mountains at Keene, California. (17) With faith, discipline, soft-spoken humility, and amazing inner strength, Cesar E. Chavez led a very courageous life. (18) Cesar E. Chavez' words will always ring true in our country: Si se puede! Yes, we can!", "id": "HCB4C42539DDE4F8989D58EF11C9D5500", "header": "Findings" }, { "text": "3. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (b) Design and striking \nFor the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "H55DC27801FFD477CB76375848DE1A8B", "header": "Congressional gold medal" }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.", "id": "HC42B7BBA74D74C0FAFA6D573989ED62E", "header": "Duplicate medals" }, { "text": "5. Status as national medals \nThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H3E974DE8142D4D10BBED85E87B7F36E1", "header": "Status as national medals" }, { "text": "6. Funding \n(a) Authority to use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such an amount as may be necessary to pay for the costs of the medals authorized by this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.", "id": "H6A7A819CB25F4EB1952BBD762CCF5EE0", "header": "Funding" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Close the Bank Examiner Revolving Door Act.", "id": "HD7F4A2DCBA87421AB337B333DDBA9193", "header": "Short title" }, { "text": "2. Post-employment limitations on bank examiners-in-charge \nSection 10 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 ) is amended by adding at the end the following new subsection: (g) Post-employment limitations on bank examiners-in-charge \n(1) In general \nIn the case of any person who— (A) ceases to be an officer or employee of a Federal banking agency; and (B) at any time during the 3-year period ending on the date such person ceases to be an officer or employee of such agency, was the chief examiner of, or had supervisory authority over, any depository institution, such person may not hold any office, position, or employment (including a position which causes such person to be treated as an institution-affiliated party) at any such depository institution during the 1-year period beginning on such date. (2) Penalty for noncompliance \n(A) In general \nAny person who violates paragraph (1) shall forfeit such person’s retirement and other benefits under title 5, United States Code. (B) Notice \nIf the head of any Federal banking agency determines that a violation of paragraph (1) has occurred, the head of such agency shall notify the Director of the Office of Personnel Management of such violation..", "id": "H7A40196F2ADC4707B32899C127032570", "header": "Post-employment limitations on bank examiners-in-charge" } ]

[ { "text": "1. Concerning the participation of Taiwan in the World Health Organization (who) \n(a) Findings \nThe Congress 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 with today’s greater 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 three-fourths of the member states already in the World Health Organization (WHO). (4) Taiwan’s achievements in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox, and the plague, and the first to eradicate polio and provide children with hepatitis B vaccinations. (5) The United States Centers for Disease Control and Prevention and its Taiwan counterpart agencies 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 1950s. (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 the 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 his 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 his 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 as some strain of the influenza has been reported by Cambodia, China, Indonesia, Japan, Laos, Pakistan, South Korea, Taiwan, Thailand, and Vietnam. (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 critical that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. (19) Secretary of Health and Human Services Tommy Thompson 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— (1) to 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) to instruct the United States delegation to Geneva to implement that plan; and (3) to introduce a resolution in support of observer status for Taiwan at the summit of the World Health Assembly. (c) Report \nNot later than 14 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress in unclassified form describing the action taken under subsection (b).", "id": "H121922C3FE414CBA0002BF4D1D4571D9", "header": "Concerning the participation of Taiwan in the World Health Organization (who)" } ]

[ { "text": "1. Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958 \nThe authorization for any program, authority, or provision, including any pilot program, that was extended through April 2, 2004, by section 1 of Public Law 108–205 is further extended through June 4, 2004, under the same terms and conditions.", "id": "H844D98461257430DBEEF923541DEA1C", "header": "Additional temporary extension of authorization of programs under Small Business Act and Small Business Investment Act of 1958" }, { "text": "2. Extension of certain fee authorizations \nSection 503(f) of the Small Business Investment Act of 1958 (15 U.S.C. 697 (f)), as amended by section 2 of Public Law 108–205 , is further amended by striking May 21, 2004 and inserting October 1, 2004.", "id": "HA7834A158A314AC1A85053769B56AC97", "header": "Extension of certain fee authorizations" }, { "text": "3. Fiscal year 2004 purchase and guarantee authority under title III of Small Business Investment Act of 1958 \nSection 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended by adding at the end the following new subsection: (j) Fiscal year 2004 purchase and guarantee authority under title III of Small Business Investment Act of 1958 \nFor fiscal year 2004, for the programs authorized by title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ), the Administration is authorized to make— (1) $4,000,000,000 in purchases of participating securities; and (2) $3,000,000,000 in guarantees of debentures..", "id": "HF9DBB809055D4EFDAE2ED57200E84716", "header": "Fiscal year 2004 purchase and guarantee authority under title III of Small Business Investment Act of 1958" }, { "text": "4. Combination financing \n(a) In general \nDuring the period beginning on the date of the enactment of this section and ending on September 30, 2004, subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a) ) shall be applied as if the paragraph set forth in subsection (b) were added at the end of that subsection (a). (b) Paragraph specified \nThe paragraph referred to in subsection (a) is as follows: (31) Combination financing \n(A) Definitions \nIn this paragraph— (i) the term combination financing means financing comprised of a loan guaranteed under this subsection and a commercial loan; and (ii) the term commercial loan means a loan which is part of a combination financing and no portion of which is guaranteed by the Federal Government. (B) Applicability \nThis paragraph applies to a loan guarantee obtained by a small business concern under this subsection, if the small business concern also obtains a commercial loan. (C) Commercial loan amount \nIn the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. (D) Commercial loan provisions \nThe commercial loan obtained by the small business concern— (i) may be made by the participating lender that is providing financing under this subsection or by a different lender; (ii) may be secured by a senior lien; and (iii) may be made by a lender in the Preferred Lenders Program, if applicable. (E) Commercial loan fee \nA one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid by the lender to the Administration if the commercial loan has a senior credit position to that of the loan guaranteed under this subsection. Paragraph (23)(B) shall apply to the fee established by this paragraph. (F) Deferred participation loan security \nA loan guaranteed under this subsection may be secured by a subordinated lien. (G) Completion of application processing \nThe Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. (H) Business loan eligibility \nAny standards prescribed by the Administrator relating to the eligibility of small business concerns to obtain combination financing under this subsection which are in effect on the date of the enactment of this paragraph shall apply with respect to combination financings made under this paragraph. Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications..", "id": "H005F96EC208D428294E9F36FA1955E9D", "header": "Combination financing" }, { "text": "5. Loan guarantee fees \n(a) In general \nDuring the period beginning on the date of the enactment of this section and ending on September 30, 2004, subparagraph (A) of paragraph (23) of subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a)(23)(A) ) shall be applied as if that subparagraph consisted of the language set forth in subsection (b). (b) Language specified \nThe language referred to in subsection (a) is as follows: (A) Percentage \n(i) In general \nWith respect to each loan guaranteed under this subsection, the Administrator shall, in accordance with such terms and procedures as the Administrator shall establish by regulation, assess and collect an annual fee in an amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. (ii) Temporary percentage \nWith respect to loans approved during the period beginning on the date of enactment of this clause and ending on September 30, 2004, the annual fee assessed and collected under clause (i) shall be equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan.. (c) Retention of certain fees \nSubparagraph (B) of paragraph (18) of subsection (a) of section 7 of the Small Business Act ( 15 U.S.C. 636(a)(18)(B) ) shall not be effective during the period beginning on the date of the enactment of this section and ending on September 30, 2004.", "id": "H4701F4B717FC4F7897A169992325F946", "header": "Loan guarantee fees" }, { "text": "6. Express loan provisions \n(a) Definitions \nFor the purposes of this section: (1) The term express lender shall mean any lender authorized by the Administrator to participate in the Express Loan Pilot Program. (2) The term Express Loan shall mean any loan made pursuant to section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. (3) The term Express Loan Pilot Program shall mean the program established by the Administrator prior to the date of enactment of this section under the authority granted in section 7(a)(25)(B) of the Small Business Act (15 U.S.C. 636(a)(25(B)) with a guaranty rate not to exceed 50 percent. (4) The term Administrator means the Administrator of the Small Business Administration. (5) The term small business concern has the same meaning given such term under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) Restriction to express lender \nThe authority to make an Express Loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as an express lender for purposes of making an Express Loan shall not prohibit such lender from taking any other action authorized by the Administrator for that lender pursuant to section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (c) Grandfathering of existing lenders \nAny express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. (d) Temporary expansion of express loan pilot program \n(1) Authorization \nAs of the date of enactment of this section, the maximum loan amount in the Express Loan Pilot Program shall be increased to a maximum loan amount of $2,000,000 as set forth in section 7(a)(3)(A) of the Small Business Act ( 15 U.S.C. 636(a)(3)(A) ). (2) Termination date \nThe authority set forth in paragraph (1) shall terminate on September 30, 2004. (3) Savings provision \nNothing in this section shall be interpreted to modify or alter the authority of the Administrator to continue to operate the Express Loan Pilot Program on or after October 1, 2004. (e) Option to participate \nExcept as otherwise provided in this section, the Administrator shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to section 7(a)(24) of the Small Business Act ( 15 U.S.C. 636(a)(24) ), that has the effect of— (1) requiring a lender to make an Express Loan pursuant to subsection (d); (2) limiting or modifying any term or condition of deferred participation loans made under such section (other than Express Loans) unless the Administrator imposes the same limit or modification on Express Loans; (3) transferring or re-allocating staff, staff responsibilities, resources, or funding, if the result of such transfer or re-allocation would be to increase the average loan processing, approval, or disbursement time above the averages for those functions as of October 1, 2003, for loan guarantees approved under such section by employees of the Administration or through the Preferred Lenders Program; or (4) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Pilot Program instead of under the general loan authority of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (f) Collection and reporting of data \nFor all loans in excess of $250,000 made pursuant to the authority set forth in subsection (d)(1), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the number of such loans and their purposes. (g) Termination \nSubsections (b), (c), (e), and (f) shall not apply after September 30, 2004.", "id": "H49DCC5D6F85F4BC79F9E954C8444F6B0", "header": "Express loan provisions" }, { "text": "7. Fiscal year 2004 deferred participation standards \nDeferred participation loans made during the period beginning on the date of the enactment of this Act and ending on September 30, 2004, under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) shall have the same terms and conditions (including maximum gross loan amounts and collateral requirements) as were applicable to loans made under such section on October 1, 2003, except as otherwise provided in this Act. This section shall not preclude the Administrator of the Small Business Administration from taking such action as necessary to maintain the loan program carried out under such section, subject to appropriations.", "id": "H0AD97E27174A4E8D94A165A99F74FE9D", "header": "Fiscal year 2004 deferred participation standards" }, { "text": "8. Temporary increase in loan limit under business loan and investment fund and in associated guarantee fees \n(a) Temporary increase in amount permitted to be outstanding and committed \nDuring the period beginning on the date of the enactment of this Act and ending on September 30, 2004, section 7(a)(3)(A) of the Small Business Act ( 15 U.S.C. 636(a)(3)(A) ) shall be applied as if the first dollar figure were $1,500,000. (b) Temporary guarantee fee on deferred participation share over $1,000,000 \nWith respect to loans made during the period referred to in subsection (a) to which section 7(a)(18) of the Small Business Act ( 15 U.S.C. 636(a)(18) ) applies, the Administrator of the Small Business Administration shall collect an additional guarantee fee equal to 0.25 percent of the amount (if any) by which the deferred participation share of the loan exceeds $1,000,000.", "id": "H0C87B35628844C228B8CAA1FE7EA28E4", "header": "Temporary increase in loan limit under business loan and investment fund and in associated guarantee fees" } ]

[ { "text": "1. Suspension of duty on 5,5-bis[(y,w-perfluoroC4-20alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2-dioxaphosphorinane, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-3-hydroxy proply phosphate, di-ammonium salt and Di-[2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]]-3-hydroxy proply phosphate, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-1,3-di-(dihydrogenphosphate)-propane, tetra-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: 9902.38.43 5,5-bis[(y,w-perfluoroC4-20alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2-dioxaphosphorinane, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-3-hydroxy proply phosphate, di-ammonium salt and Di-[2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]]-3-hydroxy proply phosphate, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-1,3-di-(dihydrogenphosphate)-propane, tetra-ammonium salt (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 5,5-bis[(y,w-perfluoroC4-20alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2-dioxaphosphorinane, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-3-hydroxy proply phosphate, di-ammonium salt and Di-[2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]]-3-hydroxy proply phosphate, ammonium salt and 2,2-bis[(y,w-perfluoroC4-20alkylthio)methyl]-1,3-di-(dihydrogenphosphate)-propane, tetra-ammonium salt" } ]

[ { "text": "1. Modification of land exchange and consolidation, Fort Lewis, Washington \n(a) Property to be transferred to Secretary of the Interior in trust \nSubsection (a)(1) of section 2837 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1315) is amended— (1) by striking may convey to and inserting may transfer to the Secretary of the Interior, in trust for ; and (2) by striking Washington, in and all that follows through the period and inserting Washington. The Secretary of the Army may make the transfer under the preceding sentence, and the Secretary of the Interior may accept the property transferred in trust for the Nisqually Tribe under the preceding sentence, only in conjunction with the conveyance described in subsection (b)(2).. (b) Increase in acreage to be transferred \nSuch subsection is further amended by striking 138 acres and inserting 168 acres. (c) Qualification on property to be transferred \nSubsection (a)(2) of such section is amended— (1) by striking conveyance and inserting transfer ; and (2) by striking or the right of way described in subsection (c) and inserting located on the real property transferred under that paragraph. (d) Consideration \nSubsection (b) of such section is amended— (1) in the matter preceding paragraph (1), by striking conveyance and inserting transfer ; and (2) in paragraph (2), by striking fee title over the acquired property to the Secretary and inserting to the United States fee title to the property acquired under paragraph (1), free from all liens, encumbrances or other interests other than those, if any, acceptable to the Secretary of the Army. (e) Treatment of existing permit rights; grant of easement \nSuch section is further amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Treatment of existing permit rights; grant of easement \n(1) The transfer under subsection (a) recognizes and preserves to the Bonneville Power Administration, in perpetuity and without the right of revocation except as provided in paragraph (2), rights in existence at the time of the conveyance under the permit dated February 4, 1949, as amended January 4, 1952, between the Department of the Army and the Bonneville Power Administration with respect to any portion of the property transferred under subsection (a) upon which the Bonneville Power Administration retains transmission facilities. The rights recognized and preserved include the right to upgrade those transmission facilities. (2) The permit rights recognized and preserved under paragraph (1) shall terminate only upon the Bonneville Power Administration’s relocation of the transmission facilities referred to in paragraph (1), and then only with respect to that portion of those transmission facilities that are relocated. (3) The Secretary of the Interior, as trustee for the Nisqually Tribe, shall grant to the Bonneville Power Administration, without consideration and subject to the same rights recognized and preserved in paragraph (1), such additional easements across the property transferred under subsection (a) as the Bonneville Power Administration considers necessary to accommodate the relocation or reconnection of Bonneville Power Administration transmission facilities from property owned by the Tribe and held by the Secretary of the Interior in trust for the Tribe.. (f) Conforming amendments \n(1) Subsection (c) of such section is amended by inserting of the Army after Secretary. (2) Subsection (e) of such section (as redesignated by subsection (e)(1)) is amended— (A) by striking conveyed and inserting transferred ; (B) by inserting of the Army after Secretary ; and (C) by striking the recipient of the property being surveyed and inserting the Tribe, in the case of the transfer under subsection (a), and the Secretary of the Army, in the case of the acquisition under subsection (b). (3) Subsection (f) of such section (as redesignated by subsection (e)(1)) is amended— (A) by inserting of the Army after Secretary both places it appears; and (B) by striking conveyances under this section and inserting transfer under subsection (a) and conveyances under subsections (b)(2) and (c).", "id": "H729A9F990AEC48F1AB778993FE7DD4EC", "header": " Modification of land exchange and consolidation, Fort Lewis, Washington" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Sustainable Drug Pricing Act.", "id": "H9021FD74C62A438F87559E3B64CF202C", "header": "Short title" }, { "text": "2. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \nPart D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following subpart: XI Sustainable drug pricing \n340H. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \n(a) In general \n(1) Agreement \nThe Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and (B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). (2) Coordination with tax provisions \nFor purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. (3) Negotiations \nThe Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer. (b) Public health objectives of agreement \nThe purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the drug; and (2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health. (c) Duration of agreement; renegotiation \n(1) In general \nWith respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. (2) Variation in maximum price under agreement \nWith respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement. (d) Violation of agreement; liquidated penalty \n(1) In general \nThe Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and (B) such amount is sufficient to deter violations of the agreement. (2) Hearing; loss of effective status of agreement \n(A) Hearing \nIf, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and (ii) to take appropriate action to bring the manufacturer into compliance with the agreement. (B) Loss of effective status \nIf a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. (e) General provisions \n(1) Individual drug agreements \nThe Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. (2) Monitoring of compliance \nWith respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. (3) Access to records \nThe Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. (4) Consideration of compliance record \nIn determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer. (f) Advisory Panel on Drug-Price Negotiations \n(1) In general \nThe Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the Advisory Panel ). (2) Duties \nThe Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall— (A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act — (i) a list of 25 drugs that the Panel considers important to the public health; and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition \nThe Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care economics; and (E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. (4) Chair \nThe Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms \n(A) In general \nEach member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service after expiration of term \nA member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. (6) Vacancies \n(A) Authority of advisory panel \nA vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors \nA vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. (C) Incomplete term \nIf a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. (g) Definitions \nFor purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. (B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act..", "id": "H75E9AEA26DA3408C830366EA137C7B7B", "header": "Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits" }, { "text": "340H. Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits \n(a) In general \n(1) Agreement \nThe Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of— (A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and (B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). (2) Coordination with tax provisions \nFor purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. (3) Negotiations \nThe Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer. (b) Public health objectives of agreement \nThe purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account— (1) the affordability of the drug in relation to the public-health need for the drug; and (2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health. (c) Duration of agreement; renegotiation \n(1) In general \nWith respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: (A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. (B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. (C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. (2) Variation in maximum price under agreement \nWith respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement. (d) Violation of agreement; liquidated penalty \n(1) In general \nThe Secretary may enter into an agreement under subsection (a) regarding a drug only if— (A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and (B) such amount is sufficient to deter violations of the agreement. (2) Hearing; loss of effective status of agreement \n(A) Hearing \nIf, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer— (i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and (ii) to take appropriate action to bring the manufacturer into compliance with the agreement. (B) Loss of effective status \nIf a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. (e) General provisions \n(1) Individual drug agreements \nThe Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. (2) Monitoring of compliance \nWith respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. (3) Access to records \nThe Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. (4) Consideration of compliance record \nIn determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer. (f) Advisory Panel on Drug-Price Negotiations \n(1) In general \nThe Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the Advisory Panel ). (2) Duties \nThe Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall— (A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act — (i) a list of 25 drugs that the Panel considers important to the public health; and (ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and (B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. (3) Composition \nThe Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members— (A) one shall be a representative of the pharmaceutical industry; (B) one shall be a representative of retail consumers generally; (C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; (D) one shall be an academic with expertise in health care economics; and (E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. (4) Chair \nThe Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. (5) Terms \n(A) In general \nEach member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. (B) Service after expiration of term \nA member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. (6) Vacancies \n(A) Authority of advisory panel \nA vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. (B) Appointment of successors \nA vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. (C) Incomplete term \nIf a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. (g) Definitions \nFor purposes of this section: (1) The term brand-name prescription drug means a drug meeting each of the following criteria: (A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. (B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. (2) The term drug has the meaning given such term in section 201(g)(1) of such Act.", "id": "H49AC0C2EA39D4611915D2C4BEE33D188", "header": "Agreements regarding prices of brand-name prescription drugs; relation to certain tax deductions and credits" }, { "text": "3. Denial of certain tax benefits unless unless pricing agreement for brand-name prescription drugs is in effect \n(a) Deductions for advertising \n(1) In general \nPart IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect \n(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. (b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act. (d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.. (2) Clerical amendment \nThe table of sections for such part IX is amended by adding after the item relating to section 280H the following: Sec. 280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect. (b) Foreign tax credit \nSection 901 of such Code (relating to taxes of foreign countries and of possessions of United States) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: (l) Denial of foreign tax credit, etc. with respect to brand-name prescription drugs unless pricing agreement is in effect \n(1) In general \nNotwithstanding any other provision of this part, no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid under section 902 or 960) with respect to any brand-name prescription drug manufactured by the taxpayer. (2) Exception for qualified pricing agreement \n— (A) In general \nParagraph (1) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (B) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, paragraph (1) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (3) Definitions \nFor purposes of this subsection, the terms qualified pricing agreement and brand-name prescription drug have the meanings given such terms by section 280I. (4) Aggregation rules \nFor purposes of this subsection, a rule similar to the rule of section 280I(d) shall apply.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.", "id": "H0C3B6715319249388EC1A6FF82C7676", "header": "Denial of certain tax benefits unless unless pricing agreement for brand-name prescription drugs is in effect" }, { "text": "280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect \n(a) In general \nNo deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. (b) Exception for qualified pricing agreement \n(1) In general \nSubsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. (2) Special rule regarding initial commercial marketing \nIn the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. (c) Definitions \nFor purposes of this section— (1) Qualified pricing agreement \nThe term qualified pricing agreement means an agreement entered into under section 340H of the Public Health Service Act. (2) Brand-name prescription drug \nThe term brand-name prescription drug has the meaning given such term in section 340H of the Public Health Service Act. (d) Aggregation rules \nFor purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.", "id": "H87E56503CC5D4F329220CF30B729C46B", "header": "Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect" }, { "text": "4. Federal Register notice \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a notice that informs manufacturers of brand-name prescription drugs of the provisions of the amendments made by this Act, and that invites the manufacturers to enter into negotiations with the Secretary for purposes of entering into agreements under section 340H of the Public Health Service Act.", "id": "H34ED4C2749054186A9D5DF710400AC72", "header": "Federal Register notice" } ]

[ { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Childhood Obesity Reduction Act.", "id": "H707A4B42D6924CAFBDA8C64F32E16494", "header": "Short title" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" } ]

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

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

[ { "text": "1. Designation of major non-NATO allies \n(a) Designation \nSection 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ) is amended by striking subsection (a) and inserting the following new subsection: (a) Designation \n(1) Requirements \nThe President may designate a country as a major non-NATO ally for purposes of this Act and the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) only if— (A) the country has a democratic form of government; (B) the country participates in the international agreements or arrangements described in paragraph (2), or pursuant to an international understanding to which the United States is a party, controls exports of goods and technology in accordance with the standards and criteria set forth in each or those agreements and understandings; and (C) at least 30 days before designating the country pursuant to this paragraph, the President notifies Congress in writing that the country meets the requirements of subparagraphs (A) and (B). (2) International agreements or arrangements \nThe international agreements or arrangements referred to in paragraph (1)(B) are the Waasenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Missile Technology Control Regime, the Australia Group, the Nuclear Suppliers’ Group, the Zangger Committee, and any other international agreement or arrangement to which the United States is a party that restricts the export of chemical, biological, nuclear, and other weapons and their delivery systems, and effectively restricts the export of dual use components of such weapons and their delivery systems.. (b) Termination \nSection 517 of the Foreign Assistance Act of 1961, as amended by subsection (a), is further amended by adding at the end the following new subsection: (c) Termination \nThe President shall notify Congress in writing at least 30 days before terminating the designation of a country pursuant to subsection (a)..", "id": "HF7821DCE19A742CCA712F4C0126FD837", "header": "Designation of major non-NATO allies" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Opt Out of ID Chips Act.", "id": "HD0A9BEC45FF8447A9E6997B2A712ACF8", "header": "Short title" }, { "text": "2. Disclosure of Radio Frequency Identification device in retail merchandise \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57 a (a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act ( 15 U.S.C. 45 ) to sell at retail any product containing a radio frequency identification device (RFID) unless— (1) such product bears a label meeting the requirements of subsection (b); and (2) the person purchasing such product is provided with the option of having such device removed from the product or permanently disabled at the time of purchase. (b) Requirement for warning label \nThe product label required by subsection (a) shall— (1) state, at a minimum, that the product contains a radio frequency identification device, and that such device can be used to track the product and transmit unique identification information to an independent reader both before and after purchase; (2) notify the consumer of such consumer’s right to have such device removed from the product or permanently disabled at the time of purchase; and (3) be in a conspicuous type-size and location and in print that contrasts with the background against which it appears. (c) Definition \nIn this Act, the term radio frequency identification device (or RFID ) means a device that acts as a transponder and enables data to be transmitted through a radio signal to a receiver and that is placed in a product to provide identification, tracking, or other information about the product or the consumer of the product.", "id": "H5A9CAA07F12F4797BD8EE52D00DAEDFA", "header": "Disclosure of Radio Frequency Identification device in retail merchandise" } ]

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

[ { "text": "1. Electron guns for cathode ray tubes and other television parts \n(a) In general \n(1) Electron guns for cathode ray tubes \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.85.23 Electron guns actually used for cathode ray tubes (CRT’s) with a high definition television screen aspect ratio of 16:9 (provided for in subheading 8540.91.50 Free No change No change On or before 12/31/2006. (2) LCD panel assemblies \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.85.24 LCD panel assemblies for use in LCD projection type televisions (provided for in subheading 9013.80.90) Free No change No change On or before 12/31/2006. (3) Plasma display panels \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.85.25 Plasma display panels for use in plasma flat screen televisions (provided for in subheading 8529.90.53 Free No change No change On or before 12/31/2006. (b) Effective date \nThe amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HC7E1F827DA9745ADBB478F59D3BD4350", "header": "Electron guns for cathode ray tubes and other television parts" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Farmers Markets Infrastructure Assistance Act of 2004.", "id": "H18C28E4A4783442CBA55145BB200F09D", "header": "Short title" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Gullah/Geechee Cultural Heritage Act.", "id": "H1E3F36AB282740E0B98CF7E3D26FFBC4", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are to— (1) recognize the important contributions made to American culture and history by African-Americans known as the Gullah/Geechee who settled in the coastal counties of South Carolina and Georgia; (2) assist State and local governments and public and private entities in the South Carolina and Georgia in interpreting the story of the Gullah/Geechee and preserving Gullah/Geechee folklore, arts, crafts, and music; and (3) assist in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public.", "id": "H7762599437404842893257A86F8700FC", "header": "Purposes" }, { "text": "3. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Commission \nThe term Commission means the Gullah/Geechee Cultural Heritage Corridor Commission established under this Act. (2) Heritage Corridor \nThe term Heritage Corridor means the Gullah/Geechee Cultural Heritage Corridor established by this Act. (3) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HBF533F0E85984BAFAB00A314B400C31D", "header": "Definitions" }, { "text": "4. Gullah/Geechee Cultural Heritage Corridor \n(a) Establishment \nThere is established the Gullah/Geechee Cultural Heritage Corridor. (b) Boundaries \n(1) In general \nThe Heritage Corridor shall be comprised of those lands and waters generally depicted on a map entitled Gullah/Geechee Cultural Heritage Corridor numbered ___ and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and in an appropriate State office in each of the States included in the Heritage Corridor. The Secretary shall publish in the Federal Register, as soon as practicable after the date of enactment of this Act a detailed description and map of the boundaries established under this subsection. (2) Revisions \nThe boundaries of the heritage corridor may be revised if the revision is— (A) proposed in the management plan developed for the Heritage Area; (B) approved by the Secretary in accordance with this Act; and (C) placed on file in accordance with paragraph (1). (c) Administration \nThe Heritage Corridor shall be administered in accordance with the provisions of this Act.", "id": "H5211A53F9A3C4462B8B7A0432FF435D8", "header": "Gullah/Geechee Cultural Heritage Corridor" }, { "text": "5. Gullah/Geechee Cultural Heritage Corridor Commission \n(a) Establishment \nThere is hereby established a commission to be known as Gullah/Geechee Cultural Heritage Corridor Commission whose purpose shall be to assist Federal, State, and local authorities in the development and implementation of a management plan for those land and waters specified in section 4. (b) Membership \nThe Commission shall be composed of 9 members appointed by the Secretary as follows: (1) 4 individuals nominated by the State Historic Preservation Officer of South Carolina and 2 individuals nominated by the State Historic Preservation Officer of Georgia and appointed by the Secretary. (2) 2 individuals from South Carolina and 1 individual from Georgia who are recognized experts in historic preservation, anthropology, and folklore, appointed by the Secretary. (c) Terms \nMembers of the Commission shall be appointed to terms not to exceed 3 years. The Secretary may stagger the terms of the initial appointments to the Commission in order to assure continuity of operation. Any member of the Commission may serve after the expiration of their term until a successor is appointed. A vacancy shall be filled in the same manner in which the original appointment was made. (d) Termination \nThe Commission shall terminate 10 years after the date of enactment of this Act.", "id": "H34D4475B671C473E8646F3A722276024", "header": "Gullah/Geechee Cultural Heritage Corridor Commission" }, { "text": "6. Operation of the Commission \n(a) Duties of the commission \nTo further the purposes of the Heritage Corridor, the Commission shall— (1) prepare and submit a management plan to the Secretary in accordance with section 7; (2) assist units of local government and other persons in implementing the approved management plan by— (A) carry out programs and projects that recognize, protect, and enhance important resource values within the Heritage Corridor; (B) establishing and maintaining interpretive exhibits and programs within the Heritage Corridor; (C) developing recreational and educational opportunities in the Heritage Corridor; (D) increasing public awareness of and appreciation for the historical, cultural, natural, and scenic resources of the Heritage Corridor; (E) protecting and restoring historic sites and buildings in the Heritage Corridor that are consistent with heritage corridor themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Corridor; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Corridor; (3) consider the interests of diverse units of government, business, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Commission receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants made to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organization make available for audit all records and other information pertaining to the expenditure of such funds; and (7) encourage by appropriate means economic viability that is consistent with the purposes of the Heritage Corridor. (b) Authorities \nThe Commission may, for the purposes of preparing and implementing the management plan, use funds made available under this Act to— (1) make grants to, and enter into cooperative agreements with the States of South Carolina and Georgia, political subdivisions of those States, a nonprofit organization, or any person; (2) hire and compensate staff; (3) obtain funds from any source including any that are provided under any other Federal law or program; and (4) contract for goods and services.", "id": "H0C622871CEBA42E596C45B07DBDE9266", "header": "Operation of the Commission" }, { "text": "7. Management Plan \n(a) In general \nThe management plan for the Heritage Corridor shall— (1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Corridor; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the historical, cultural, and natural resources of the Heritage Corridor; (4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Corridor in the first 5 years of implementation; (5) include an inventory of the historical, cultural, natural, resources of the Heritage Corridor related to the themes of the Heritage Corridor that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s historical, cultural, and natural resources; (7) describe a program for implementation of the management plan including plans for resources protection, restoration, construction, and specific commitments for implementation that have been made by the Commission or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for the ways in which Federal, State, or local programs may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the Heritage Corridor. (b) Submittal of management plan \nThe Commission shall submit the management plan to the Secretary for approval not later than 3 years after funds are made available for this Act. (c) Failure to submit \nIf the Commission fails to submit the management plan to the Secretary in accordance with subsection (b), the Heritage Corridor shall not qualify for Federal funding until the management plan is submitted. (d) Approval or disapproval of management plan \n(1) In general \nThe Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria \nIn determining whether to approve the management plan, the Secretary shall consider whether— (A) the Commission has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (B) the resource preservation and interpretation strategies contained in the management plan would adequately protect the cultural and historic resources of the Heritage Corridor; and (C) the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan. (3) Action following disapproval \nIf the Secretary disapproves the management plan, the Secretary shall advise the Commission in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is submitted. (4) Approval of amendments \nSubstantial amendments to the management plan shall be reviewed and approved by the Secretary in the same manner as provided in the original management plan. The Commission shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments.", "id": "H398A2BD1465A4F0195DD1FE0202D6486", "header": "Management Plan" }, { "text": "8. Authorities of the Secretary \n(a) Technical and financial assistance \n(1) In general \nUpon a request of the Commission, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance \nIn providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in— (A) conserving the significant cultural, historical, and natural resources of the Heritage Corridor; and (B) providing educational and interpretive opportunities consistent with the purposes of the Heritage Corridor. (3) Spending for non-federal property \n(A) In general \nThe Commission may expend Federal funds made available under this Act on nonfederally owned property that is— (i) identified in the management plan; or (ii) listed or eligible for listing on the National Register for Historic Places. (B) Agreements \nAny payment of Federal funds made pursuant to this Act shall be subject to an agreement that conversion, use, or disposal of a project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation of all funds made available to that project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.", "id": "H58113C3224D5433BB6D47C0407833CC6", "header": "Authorities of the Secretary" }, { "text": "9. Duties of other Federal agencies \nAny Federal agency conducting or supporting activities directly affecting the Heritage Corridor shall— (1) consult with the Secretary and the Commission with respect to such activities; (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and (3) to the maximum extent practicable, conduct or support such activities in a manner in which the Commission determines will not have an adverse effect on the Heritage Corridor.", "id": "H83289F746FC24DE5BA9726FB9208880", "header": "Duties of other Federal agencies" }, { "text": "10. Coastal Heritage Centers \nIn furtherance of the purposes of this Act and using the authorities made available under this Act, the Commission shall establish one or more Coastal Heritage Centers at appropriate locations within the Heritage Corridor.", "id": "H1FB89D38F6404F798D6469EFF30AA7F", "header": "Coastal Heritage Centers" }, { "text": "11. Authorization of Appropriations \n(a) In general \nThere is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this Act. (b) Cost share \nFederal funding provided under this Act may not exceed 50 percent of the total cost of any activity for which assistance is provided under this Act. (c) In-kind contributions \nThe Secretary may accept in-kind contributions as part of the non-Federal cost share of any activity for which assistance is provided under this Act.", "id": "H52108D9525A34C90AE41636B1CC4A100", "header": "Authorization of Appropriations" }, { "text": "12. Termination of authority \nThe authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act.", "id": "H7C0A8079353449818E10C7EE5FE012C0", "header": "Termination of authority" } ]

[ { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" }, { "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" } ]

[ { "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" }, { "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" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Currency Rate Adjustment and Trade Enforcement Act.", "id": "HA8A6D83031FC42A587614800242C59ED", "header": "Short title" }, { "text": "2. Analysis of and report on exchange rate policies of china \n(a) Analysis \n(1) In general \nThe Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People’s Republic of China in order to determine whether that country maintains the rate of exchange between the currency of that country and the United States dollar in a manner that interferes with effective balance of payments adjustments or confers a competitive advantage in international trade that would not exist if the currency value were set by market forces. (2) Global balance of trade \nIn conducting the analysis under paragraph (1), the Secretary of the Treasury shall determine the global balance of trade of the People’s Republic of China and, in making that determination, compare the import and export data for China by country, as reported by the Chinese Government, with the export and import data for China, as reported by the government of each country that is a trading partner of China. In making that determination, the Secretary should take into account reexports to and from China through Hong Kong. (b) Computation of rate of undervaluation \nIf the Secretary of the Treasury makes an affirmative determination under subsection (a)(1), the Secretary shall compute the rate of undervaluation against the dollar in the form of a percentage. (c) Reports to congress \nThe Secretary of the Treasury shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary’s analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted— (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. (d) Relief \nIn any case in which a report of the Secretary of the Treasury under subsection (c) includes a rate of undervaluation computed under subsection (b), the President shall seek authorization in the World Trade Organization through expedited dispute settlement— (1) to offset the subsidy inherent in the undervalued currency by the application of across-the-board equivalent tariffs, on the basis of the rate of undervaluation computed under subsection (b), on the importation into the United States of all products of the People’s Republic of China; and (2) to take measures to offset the disadvantage resulting from such undervaluation to exports to the People’s Republic of China of goods and services of the United States. (e) Modifications \nTo the extent consistent with the obligations of the United States under the World Trade Organization— (1) any measures imposed under subsection (d) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under subsection (c); and (2) the Secretary of the Treasury may modify any measures imposed under subsection (d) or modifications thereto under paragraph (1) 30 days after notifying the Congress of a substantial change in the degree of currency undervaluation by the People’s Republic of China.", "id": "HC67D99412E8D46C4A000FE5649A457DD", "header": "Analysis of and report on exchange rate policies of china" } ]

[ { "text": "1. Short title \nThis Act may be cited as We the People Act.", "id": "H6A586F2C455C4976986ED854987C4EC8", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in one Supreme Court, and in such inferior Courts as Congress may from time to time ordain and establish. (2) Article I, section 8 and article 3, section 1 of the Constitution of the United States give Congress the power to establish and limit the jurisdiction of the lower Federal courts. (3) Article III, section 2 of the Constitution of the United States gives Congress the power to make such exceptions, and under such regulations as Congress finds necessary to Supreme Court jurisdiction. (4) Congress has the authority to make exceptions to Supreme Court jurisdiction in the form of general rules and based upon policy and constitutional reasons other than the outcomes of a particular line of cases. (See Federalist No. 81; United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)). (5) Congress has constitutional authority to set broad limits on the jurisdiction of both the Supreme Court and the lower Federal courts in order to correct abuses of judicial power and continuing violations of the Constitution of the United States by Federal courts. (6) Article IV, section 4 of the Constitution of the United States guarantees each State a republican form of government. (7) Supreme Court and lower Federal court decisions striking down local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment to the Constitution of the United States. (8) The Supreme Court and lower Federal courts threaten the republican government of the individual States by replacing elected government with rule by unelected judges. (9) Even supporters of liberalized abortion laws have admitted that the Supreme Court’s decisions overturning the abortion laws of all 50 States are constitutionally flawed (e.g. Ely, “The Wages of Crying Wolf: A Comment on Roe v. Wade” 82 Yale L.J. 920 (1973)). (10) Several members of the Supreme Court have admitted that the Court’s Establishment Clause jurisdiction is indefensible (e.g. Zelamn v. Simmons-Harris, 536 U.S. 639, 688 (2002) (Souter, J., dissenting); Rosenberger v. Rector and Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas, J. concurring); Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384, 399, (1993) (Scalia, J. concurring); and Committee for Public Ed. And Religious Liberty v. Regan, 444 U.S. 646, 671 (1980) (Stevens, J., dissenting). (11) Congress has the responsibility to protect the republican governments of the States and has the power to limit the jurisdiction of the Supreme Court and the lower Federal courts over matters that are reserved to the States and to the People by the Tenth Amendment to the Constitution of the United States.", "id": "H20C5ACF00D614169B7AFE5A5E68171FA", "header": "Findings" }, { "text": "3. Limitation on jurisdiction \nThe Supreme Court of the United States and each Federal court— (1) shall not adjudicate— (A) any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion; (B) any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or (C) any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation; and (2) shall not rely on any judicial decision involving any issue referred to in paragraph (1).", "id": "H7840D07E4A714E8D99B9053FE5A0647C", "header": "Limitation on jurisdiction" }, { "text": "4. Regulation of appellate jurisdiction \nThe Supreme Court of the United States and all other Federal courts— (1) are not prevented from determining the constitutionality of any Federal statute or administrative rule or procedure in considering any case arising under the Constitution of the United States; and (2) shall not issue any order, final judgment, or other ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the several States and their subdivisions.", "id": "H9068CC7564194CF9B9ACB7A144CBE19E", "header": "Regulation of appellate jurisdiction" }, { "text": "5. Jurisdictional challenges \nAny party or intervener in any matter before any Federal court, including the Supreme Court, may challenge the jurisdiction of the court under section 3 or 4 during any proceeding or appeal relating to that matter.", "id": "H05BA2B38D6314437BCEEF8C1AE460000", "header": "Jurisdictional challenges" }, { "text": "6. Material breaches of good behavior and remedy \nA violation by a justice or a judge of any of the provisions of section 3 or 4 shall be an impeachable offense, and a material breach of good behavior subject to removal by the President of the United States according to rules and procedures established by the Congress.", "id": "HD2A9E54B24634F429C954508976974D0", "header": "Material breaches of good behavior and remedy" }, { "text": "7. Cases decided under issues removed from Federal jurisdiction no longer binding precedent \nAny decision of a Federal court, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 3, is not binding precedent on any State court.", "id": "H17C6969A28E546C700E4656FF32B7C30", "header": "Cases decided under issues removed from Federal jurisdiction no longer binding precedent" } ]

[ { "text": "1. Short title \nThis Act may be cited as Department of Homeland Security Financial Accountability Act.", "id": "HAF7F9BA9B08E442A9082C3D464528EEF", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial Officer of the Department must be a key figure in the Department’s management. (2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) provide that the Chief Financial Officer of each of the Federal executive departments is to be a Presidential appointee who reports directly to the Secretary of that department on financial management matters. Because the Department of Homeland Security was only recently created, the provisions enacted by that Act must be amended to include the Department within these provisions. (3) The Department of Homeland Security was created by consolidation of 22 separate Federal agencies, each with its own accounting and financial management system. None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation’s vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Chief Financial Officer is needed within the Department both to consolidate financial management operations, and to insure that management control systems are comprehensively designed to achieve the mission and execute the strategy of the Department. (4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of performance. In the case of the Department of Homeland Security, therefore, it is vitally important that management control systems be designed with a clear view of a homeland security strategy, including the priorities of the Department in addressing those risks of terrorism deemed most significant based upon a comprehensive assessment of potential threats, vulnerabilities, criticality, and consequences. For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Department’s performance in executing a homeland security strategy.", "id": "H3696A8F03CFB41D49FFF3234DB849D29", "header": "Findings" }, { "text": "3. Chief Financial Officer of the Department of Homeland Security \n(a) In General \nSection 901(b)(1) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (G) through (P) as subparagraphs (H) through (Q), respectively; and (2) by inserting after subparagraph (F) the following: (G) The Department of Homeland Security.. (b) Appointment or designation of CFO \nThe President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act. (c) Continued service of current official \nAn individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve in that position until the date of the confirmation or designation, as applicable (under section 901(a)(1)(B) of title 31, United States Code), of a successor under the amendment made by subsection (a). (d) Conforming amendments \n(1) Homeland Security Act of 2002 \nThe Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (A) in section 103 ( 6 U.S.C. 113 )— (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: (e) Chief Financial Officer \nThere shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31, United States Code. ; and (B) in section 702 ( 6 U.S.C. 342 ) by striking shall report and all that follows through the period and inserting shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management.. (2) FEMA \nSection 901(b)(2) of title 31, United States Code, is amended by striking subparagraph (B), and by redesignating subparagraphs (C) through (H) in order as subparagraphs (B) through (G).", "id": "HCD2FC142354F472E85AAE5BAE84FCFFE", "header": "Chief Financial Officer of the Department of Homeland Security" }, { "text": "4. Functions of Chief Financial Officer of the Department of Homeland Security \n(a) Performance and accountability reports \nSection 3516 of title 31, United States Code, is amended by adding at the end the following: (f) The Secretary of Homeland Security— (1) shall for each fiscal year submit a performance and accountability report under subsection (a) that incorporates the program performance report under section 1116 of this title for the Department of Homeland Security; (2) shall include in each performance and accountability report an audit opinion of the Department’s internal controls over its financial reporting; and (3) shall design and implement Department-wide management controls that— (A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and (B) permit assessment, by the Congress and by managers within the Department, of the Department’s performance in executing such strategy.. (b) Implementation of audit opinion requirement \nThe Secretary of Homeland Security shall include audit opinions in performance and accountability reports under section 3516(f) of title 31, United States Code, as amended by subsection (a), only for fiscal years after fiscal year 2005. (c) Assertion of internal controls \nThe Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Department of Homeland Security. (d) Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies \n(1) In General \nNot later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency established by Executive Order 12805 of May 11, 1992, shall jointly conduct a study of the potential costs and benefits of requiring the agencies listed in section 901(b) of title 31, United States Code, to obtain audit opinions of their internal controls over their financial reporting. (2) Report \nUpon completion of the study under paragraph (1), the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Comptroller General of the United States. (3) General accounting Office analysis \nNot later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2).", "id": "H30CFD76D69F54001A2C81EA70089FF", "header": "Functions of Chief Financial Officer of the Department of Homeland Security" }, { "text": "5. Future years homeland security program and homeland security strategy \nSection 874 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended by striking subsection (b) and inserting the following: (b) Contents \nThe Future Years Homeland Security Program under subsection (a) shall— (1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary of Defense under section 221 of title 10, United States Code; (2) set forth the homeland security strategy of the Department, which shall be developed and updated as appropriate annually by the Secretary, that was used to develop program planning guidance for the Future Years Homeland Security Program; and (3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2)..", "id": "HF092583933E14CC1BC62C5AC2B272B10", "header": "Future years homeland security program and homeland security strategy" }, { "text": "6. Establishment of Office of Program Analysis and Evaluation \nSection 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is amended by— (1) inserting (a) In General.— before the first sentence; and (2) adding at the end the following: (b) Program analysis and evaluation function \n(1) Establishment of Office of Program Analysis and Evaluation \nNot later than 90 days after the date of enactment of this subsection, the Secretary shall establish an Office of Program Analysis and Evaluation within the Department (in this section referred to as the Office ). (2) Responsibilities \nThe Office shall perform the following functions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 874(b)(2). (C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. (D) Review and ensure that the Department meets performance-based budget requirements established by the Office of Management and Budget. (E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 874. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31, United States Code. (H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. (3) Director of Program Analysis and Evaluation \nThere shall be a Director of Program Analysis and Evaluation, who— (A) shall be a principal staff assistant to the Chief Financial Officer of the Department for program analysis and evaluation; and (B) shall report to an official no lower than the Chief Financial Officer. (4) Reorganization \n(A) In General \nThe Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 872(a). (B) Exemption from limitations \nSection 872(b) shall not apply to any action by the Secretary under this paragraph..", "id": "H1D3CCC06DC314B7192254412626B1ED9", "header": "Establishment of Office of Program Analysis and Evaluation" }, { "text": "7. Notification regarding transfer or reprogramming of funds for Department of Homeland Security \nSection 702 of the Homeland Security Act of 2002 ( 6 U.S.C. 342 ) is further amended by adding at end the following: (c) Notification regarding transfer or reprogramming of funds \nIn any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congress (including any officer, office, or Committee of the Congress), the Chief Financial Officer of the Department shall simultaneously submit such notice to the Select Committee on Homeland Security (or any successor to the jurisdiction of that committee) and the Committee on Government Reform of the House of Representatives, and to the Committee on Governmental Affairs of the Senate..", "id": "H27E8BDCDF6A144419FBCF094A9954997", "header": "Notification regarding transfer or reprogramming of funds for Department of Homeland Security" } ]

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

[ { "text": "1. Short title; findings \n(a) Short title \nThis Act may be cited as the The Dean Gallo Cancer Patient Compassion Act of 2004. (b) Findings \nCongress finds the following: (1) It is estimated that over 1,300,000 new cases of cancer are diagnosed each year. (2) Roughly, 86,000 or 7 percent of all diagnosed cancer patents have no health insurance. (3) Lung and colorectal cancers alone account for over a quarter of all new cases of cancer. (4) The 5-year survival rate for individuals with distant stage lung cancers is 3 percent. (5) The 5-year survival rate for individuals with distant stage colorectal cancer is 9 percent. (6) Individuals suffering from cancer must wait 24 months for medicare eligibility on the basis of disability.", "id": "H0AB7B0A4809B40B79C369800BAA45E93", "header": "Short title; findings" }, { "text": "2. Waiver of 24-month waiting period for medicare coverage of individuals disabled with cancer \n(a) In general \nSection 226(h) of the Social Security Act ( 42 U.S.C. 426(h) ) is amended— (1) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively; (2) by inserting (1) after (h) ; (3) in the matter preceding subparagraph (A) of paragraph (1), as so redesignated, by striking an individual medically determined to have amyotrophic lateral sclerosis (ALS) and inserting an individual described in paragraph (2) ; and (4) by adding at the end the following new paragraph: (2) For purposes of paragraph (1), an individual described in this paragraph is any of the following: (A) An individual medically determined to have amyotrophic lateral sclerosis (ALS). (B) An individual medically determined to have stage III or IV cancer who is not enrolled, or who may not be enrolled, in a group health plan described in section 1862(b)(1)(A)(v), or a large group health plan described in section 1862(b)(1)(B)(iii), by reason of the individual's current or former employment or by reason of the current or former employment status of a member of the individual's family.. (b) Effective date \nThe amendments made by this section shall apply to benefits for months beginning after the date of the enactment of this Act.", "id": "H912E98950A8F4938000053ECA3F2D49B", "header": "Waiver of 24-month waiting period for medicare coverage of individuals disabled with cancer" } ]

[ { "text": "1. Redesignation \nThe facility of the United States Postal Service located at 14–24 Abbott Road in Fair Lawn, New Jersey, and known as the Fair Lawn Main Post Office, shall be known and designated as the Mary Ann Collura Post Office Building.", "id": "H6B7512946245426E8EA218903F03F3E", "header": "Redesignation" }, { "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 Mary Ann Collura Post Office Building.", "id": "HB56E7CAF337C4AA497AA8503BB90C1A7", "header": "References" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Children's Hospitals Education Equity and Research (CHEER) Act of 2004.", "id": "H47AB78671BFF437C9E34FA72E3CCEDB", "header": "Short title" }, { "text": "2. Reauthorization of Children's Hospitals Graduate Medical Education Program \n(a) Extension of program \nSection 340E(a) of the Public Health Service Act ( 42 U.S.C. 256e(a) ) is amended by striking 2005 and inserting 2010. (b) Description of amount of payments \nSection 340E(b) of the Public Health Service Act ( 42 U.S.C. 256e(b) ) is amended— (1) in paragraph (1)(B), by striking relating to teaching residents in such and inserting associated with graduate medical residency training ; and (2) in paragraph (2)(A), by inserting before the period at the end , except that for purposes of this paragraph such total excludes amounts that remain available from a previous fiscal year under paragraph (1)(B) or (2)(B) of subsection (f). (c) Direct graduate medical education \nSection 340E(c) of the Public Health Service Act ( 42 U.S.C. 256e(c) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking product and inserting sum ; (B) in subparagraph (A), by striking (A) the updated per resident and inserting the following: (A) the product of— (i) the updated per resident ; (C) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (D) in subparagraph (A)(ii) (as so redesignated)— (i) by inserting , but without giving effect to section 1886(h)(7) of such Act) after section 1886(h)(4) of the Social Security Act ; and (ii) by striking the period and inserting ; and ; and (E) by inserting after subparagraph (A) the following: (B) amounts for other approved education programs that are provider-operated, as defined for purposes of Medicare payment, limited to not more than 30 percent of costs that would be allowed for such programs under Medicare rules for hospitals reimbursed under section 1886(d) of the Social Security Act. ; and (2) in paragraph (2)(B), by inserting before the period at the end , without giving effect to section 1886(d)(3)(E)(ii) of the Social Security Act. (d) Indirect Graduate Medical Education \nSection 340E(d) of the Public Health Service Act ( 42 U.S.C. 256e(d) ) is amended— (1) in paragraph (1), by striking related to and inserting associated with ; and (2) in paragraph (2)(A)— (A) by inserting ratio of the after hospitals and the ; and (B) by inserting at the end before the semicolon to beds (but excluding beds or bassinets assigned to healthy newborn infants). (e) Nature of payments \nSection 340E(e) of the Public Health Service Act ( 42 U.S.C. 256e(e) ) is amended— (1) in paragraph (2), by striking the first sentence; (2) in paragraph (3), by striking recoup any overpayments made to pay any balance due to the extent possible and all that follows through the end of the paragraph and inserting the following: recoup any overpayments made and pay any balance due. To the greatest extent possible, amounts recouped from a hospital are to be distributed to other hospitals in the same fiscal year. Amounts recouped from a hospital and not disbursed to other hospitals in the same fiscal year shall remain available for distribution during the subsequent fiscal year. Unless there is fraud, amounts paid to a hospital without a demand for recoupment by the end of the fiscal year shall be final and not subject to recoupment. ; and (3) by adding at the end the following: (4) Appeals \n(A) In general \nA decision affecting the amount payable to a hospital pursuant to this section shall— (i) be subject to review under section 1878 of the Social Security Act in the same manner as final determinations of a fiscal intermediary of the amount of payment under section 1886(d) of such Act are subject to review; and (ii) be handled expeditiously so that the review decision is reflected in the final reconciliation for the year in which the appeal is made. (B) Limitation \nA review decision pursuant to this section shall not affect payments for a fiscal year prior to the fiscal year in which the review decision is rendered. (C) Application to subsequent fiscal years \nThe Secretary shall apply a review decision in determining the amount of payment for the appealing hospital in the fiscal year in which the decision is rendered and in subsequent years, unless the law at issue in the review decision is amended or there are material differences between the facts for the fiscal year for which the review decision is rendered and the year for which payment is made. Nothing in this section shall be construed to prohibit a hospital from appealing similar determinations in subsequent periods.. (f) Authorization of appropriations \nSection 340E(f) of the Public Health Service Act ( 42 U.S.C. 256e(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (ii), by striking and ; (ii) in clause (iii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (iv) for fiscal year 2006, $110,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (B) in subparagraph (B), by striking for fiscal year 2000 and all that follows and inserting for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation for the year appropriated and the subsequent fiscal year. ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (B) by striking There are hereby authorized and inserting the following: (A) In general \nThere are authorized ; (C) in clause (ii) (as redesignated by this paragraph), by striking and ; (D) in clause (iii) (as redesignated by this paragraph), by striking the period at the end and inserting a semicolon; (E) by adding at the end of subparagraph (A) (as designated by this paragraph), the following: (iv) for fiscal year 2006, $220,000,000; and (v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index. ; and (F) at the end of paragraph (2), by adding the following: (B) Carryover of excess \nTo the extent that amounts are not expended in the year for which they are appropriated, the amounts appropriated under subparagraph (A) for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation through the end of the following fiscal year.. (g) Definitions \nParagraph (3) of section 340E(g) of the Public Health Service Act ( 42 U.S.C. 256e(g) ) is amended by striking has and all that follows through the end of the sentence and inserting — (A) has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act; and (B) includes costs of approved educational activities, as such term is used in section 1886(a)(4) of the Social Security Act..", "id": "H51D804F262BD484F98343CB8BC1CD7F7", "header": "Reauthorization of Children's Hospitals Graduate Medical Education Program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Department of Homeland Security Cybersecurity Enhancement Act of 2004.", "id": "H17B5EE6A88D841A7B2DB731C3315F116", "header": "Short title" }, { "text": "2. 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": "H8D2030BAC9DF40079239F94229B03D1", "header": "Assistant Secretary for Cybersecurity" }, { "text": "203. Assistant Secretary for Cybersecurity \n(a) In general \nThere shall be in the Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office headed by an Assistant Secretary for Cybersecurity (in this section referred to as the Assistant Secretary ), who shall assist the Secretary in promoting cybersecurity for the Nation. (b) General authority \nThe Assistant Secretary, subject to the direction and control of the Secretary, shall have primary authority within the Department for all cybersecurity-related critical infrastructure protection programs of the Department, including with respect to policy formulation and program management. (c) Responsibilities \nThe responsibilities of the Assistant Secretary shall include the following: (1) To establish and manage— (A) a national cybersecurity response system that includes the ability to— (i) analyze the effect of cybersecurity threat information on national critical infrastructure; and (ii) aid in the detection and warning of attacks on, and in the restoration of, cybersecurity infrastructure in the aftermath of such attacks; (B) a national cybersecurity threat and vulnerability reduction program that identifies cybersecurity vulnerabilities that would have a national effect on critical infrastructure, performs vulnerability assessments on information technologies, and coordinates the mitigation of such vulnerabilities; (C) a national cybersecurity awareness and training program that promotes cybersecurity awareness among the public and the private sectors and promotes cybersecurity training and education programs; (D) a government cybersecurity program to coordinate and consult with Federal, State, and local governments to enhance their cybersecurity programs; and (E) a national security and international cybersecurity cooperation program to help foster Federal efforts to enhance international cybersecurity awareness and cooperation. (2) To coordinate with the private sector on the program under paragraph (1) as appropriate, and to promote cybersecurity information sharing, vulnerability assessment, and threat warning regarding critical infrastructure. (3) To coordinate with other directorates and offices within the Department on the cybersecurity aspects of their missions. (4) To coordinate with the Under Secretary for Emergency Preparedness and Response to ensure that the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 312(6) ) includes appropriate measures for the recovery of the cybersecurity elements of critical infrastructure. (5) To develop processes for information sharing with the private sector, consistent with section 214, that— (A) promote voluntary cybersecurity best practices, standards, and benchmarks that are responsive to rapid technology changes and to the security needs of critical infrastructure; and (B) consider roles of Federal, State, local, and foreign governments and the private sector, including the insurance industry and auditors. (6) To coordinate with the Chief Information Officer of the Department in establishing a secure information sharing architecture and information sharing processes, including with respect to the Department’s operation centers. (7) To consult with the Electronic Crimes Task Force of the United States Secret Service on private sector outreach and information activities. (8) To consult with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises. (9) To consult and coordinate, as appropriate, with other Federal agencies on cybersecurity-related programs, policies, and operations. (10) To consult and coordinate within the Department and, where appropriate, with other relevant Federal agencies, on security of digital control systems, such as Supervisory Control and Data Acquisition (SCADA) systems. (d) Authority over the National Communications System \nThe Assistant Secretary shall have primary authority within the Department over the National Communications System.", "id": "H531D1EA81E0C493388829B0037D9D128", "header": "Assistant Secretary for Cybersecurity" }, { "text": "3. Cybersecurity defined \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 means the prevention of damage to, the protection of, and the restoration of computers, electronic communications systems, electronic communication services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation. (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": "HA7859A7A99C1444ABB7DCC0001ADEB94", "header": "Cybersecurity defined" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Family Movie Act of 2004.", "id": "H760F3AC56A324A48859EE756A623EF8", "header": "Short title" }, { "text": "2. Exemption from copyright infringement for skipping of audio or video content of motion pictures \nSection 110 of title 17, United States Code, is amended— (1) in paragraph (9), by striking and after the semicolon at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (10) the following: (11)(A) the making of limited portions of audio or video content of a motion picture imperceptible by or for the owner or other lawful possessor of an authorized copy of that motion picture in the course of viewing of that work for private use in a household, by means of consumer equipment or services that are operated by an individual in that household and serve only such household; and (B) the use of technology to make such audio or video content imperceptible, that does not create a fixed copy of the altered version..", "id": "H269BEF63DB124E679CC25B9ECB5D1735", "header": "Exemption from copyright infringement for skipping of audio or video content of motion pictures" }, { "text": "3. Exemption from trademark infringement for skipping of audio or video content of motion pictures \nSection 31 of the Trademark Act of 1946 ( 15 U.S.C. 1114 ) is amended by adding at the end the following: (3)(A) Any person who engages in the conduct described in paragraph (11) of section 110 of title 17, United States Code, and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this Act. (B) A manufacturer of technology that enables the making of limited portions of audio or video content of a motion picture imperceptible that is authorized under subparagraph (A) is not liable on account of such manufacture for a violation of any right under this Act. Such manufacturer shall ensure that the technology provides a clear and conspicuous notice that the performance of the motion picture is altered from the performance intended by the director or copyright holder of the motion picture. (C) Any manufacturer of technology described in subparagraph (B) who fails to comply with the requirements of subparagraph (B) with respect to a motion picture shall be liable in a civil action brought by the copyright owner of the motion picture that is modified by the technology in an amount not to exceed $1,000 for each such motion picture..", "id": "H8CD4364704D043FE8DB52F8C4950F26D", "header": "Exemption from trademark infringement for skipping of audio or video content of motion pictures" }, { "text": "4. Definition \nIn this Act, the term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1945 ( 15 U.S.C. 1051 et seq. ).", "id": "HF08C99B394B64CCAB641C553D5CBB8A7", "header": "Definition" } ]

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

[ { "text": "1. Pigment Yellow 154 \n(a) In general \nHeading 9902.32.18 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2002 and inserting 12/31/2006. (b) Effective date \nThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2003.", "id": "H7F0BB677E40845CC9BDB5B92DBB05E1", "header": "Pigment Yellow 154" } ]

[ { "text": "1. Yuma Crossing National Heritage Area Boundary adjustment \nSection 3(b) of the Yuma Crossing National Heritage Area Act of 2000 ( 16 U.S.C. 461 note; Public Law 106–319 ) is amended to read as follows: (b) Boundaries \nThe Heritage Area shall be comprised generally of the riverfront and downtown areas. More specifically, the boundaries shall be as follows: A boundary with a true point of beginning and inclusive of a section of land located at Township 8 South, Range 22 West, Section 19 and excepting therefrom parcels 108-16-004 and 108-16-002 and said boundary beginning at the northwest section corner in alignment with the north right-of-way line of the Colorado River Levee and thence westerly along the north right-of-way line of the Colorado River Levee a distance of 15,840 ft (+/-) to the point of intersection of the north right-of-way line of the Colorado River Levee and the centerline of Quechan Road/Penitentiary Avenue, thence southerly along the centerline of Quechan Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of Quechan Road/Penitentiary Avenue and the north full bank line of the Colorado River, thence westerly along the north full bank line of the Colorado River a distance of 10,579 ft (+/-) to the point of intersection of the north full bank line of the Colorado River and the centerline of 23rd Avenue, thence southerly along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the point of intersection of the centerline of 23rd Avenue and the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way, thence easterly along the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953 ft (+/-) to the point of intersection of the southern right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of Lovers Lane, thence southwesterly along the centerline of Lovers Lane a distance of 948 ft (+/-) to the point of intersection of the centerline of Lovers Lane and the centerline of First Street, thence easterly along the centerline of First Street a distance of 1,390 ft (+/-) to the point of intersection of the centerline of First Street and the centerline of the alleyway mid-block between 1st and 2nd Avenues, thence southerly along the centerline of the alleyway mid-block between 1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of intersection of the centerline of the alleyway mid-block between 1st and 2nd Avenues and the centerline of Giss Parkway, thence westerly along the centerline of Giss Parkway a distance of 190 ft (+/-) to the point of intersection of the centerline of Giss Parkway and the centerline of 2nd Avenue, thence southerly along the centerline of 2nd Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 2nd Avenue and the centerline of 4th Street, thence westerly along the centerline of 4th Street a distance of 570 ft (+/-) to the point of intersection of the centerline of 4th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway between 3rd and 4th Avenues a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 5th Street, thence westerly along the centerline of 5th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of 4th Avenue, thence southerly along the centerline of 4th Avenue a distance of 660 ft (+/-) to the point of intersection of the centerline of 4th Avenue and the centerline of 6th Street, thence easterly along the centerline of 6th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 6th Street and the centerline of the alleyway between 3rd and 4th Avenues, thence southerly along the centerline of the alleyway a distance of 660 ft (+/-) to the point of intersection of the centerline of the alleyway between 3rd and 4th Avenues and the centerline of 7th Street, thence easterly along the centerline of 7th Street a distance of 190 ft (+/-) to the point of intersection of the centerline of 7th Street and the centerline of 3rd Avenue, thence southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-) to the point of intersection of the centerline of 3rd Avenue and the centerline of 8th Street, thence easterly along the centerline of 8th Street a distance of 1,140 ft (+/-) to the point of intersection of the centerline of 8th Street and the centerline of Madison Avenue, thence northerly along the centerline of Madison Avenue a distance of 1,765 ft (+/-) to the point of intersection of the centerline of Madison Avenue and the centerline of 5th Street, thence easterly along the centerline of 5th Street a distance of 2,035 ft (+/-) to the point of intersection of the centerline of 5th Street and the centerline of the Union Pacific/Southern Pacific Railroad right-of-way, thence north/northwesterly along the centerline of the Union Pacific/Southern Pacific Railroad right-of-way a distance of 5,402 ft (+/-) to the point of intersection of the centerline of the Union Pacific/Southern Pacific Railroad right-of-way and the centerline of Prison Lane, thence east/southeasterly along the centerline of Prison Lane a distance of 535 ft (+/-) to the point of intersection of the centerline of Prison Lane and the southern right-of-way line of the Gila River Levee, thence southeasterly along the southern right-of-way line of the Gila River Levee a distance of 3,320 ft (+/-) to a point, thence easterly along the southern right-of-way line of the Gila River Levee a distance of 13,540 ft (+/-) to the southwest section corner of Township 8 South, Range 22 West, Section 19, inclusive of the section and excepting therefrom the aforementioned parcels, as the true point of beginning..", "id": "H1DA46ED4AB6540BEB5916EC72E2FA7B8", "header": "Yuma Crossing National Heritage Area Boundary adjustment" } ]

[ { "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" }, { "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" } ]

[ { "text": "1. Private Felix Z. Longoria Veterans’ Memorial Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 102 East Alexander Street in Three Rivers, Texas, shall be known and designated as the Private Felix Z. Longoria Veterans’ Memorial Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Private Felix Z. Longoria Veterans’ Memorial Post Office.", "id": "H0CCACC28C09E4986B700AA51445EC00", "header": "Private Felix Z. Longoria Veterans’ Memorial Post Office" } ]

[ { "text": "1. Suspension of duty on 1,2 Octanediol \n(a) In general \nSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.32 1,2 Octanediol (CAS No. 1117-86-8) (provided for in subheading 2905.39.90) Free No change No change On or before 12/31/2007. (b) Effective date \nThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.", "id": "HE9A819FD362B41E691F2CED7F3993CB4", "header": "Suspension of duty on 1,2 Octanediol" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Pennsylvania \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Pennsylvania \nNo part of the MSA is in Pennsylvania..", "id": "HFF0C3F8334694879AE005516B184E937", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in Pennsylvania" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Passenger Security Act of 2004.", "id": "HD8915893FE0945DDAF43C7D6256024C3", "header": "Short title" }, { "text": "2. Security screening opt-out program \nSection 44920 of title 49, United States Code, and the item relating to such section in the analysis for chapter 449 of such title, are repealed.", "id": "H0F49401F2E3E4CE990C975C490EFA6A8", "header": "Security screening opt-out program" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Wallowa Lake Dam Rehabilitation and Water Management Act of 2004.", "id": "H220169983E4743929ECE78CDFEF86B7", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Associated ditch companies, incorporated \nThe term Associated Ditch Companies, Incorporated means the non-profit corporation by that name (as established under the laws of the State of Oregon) that operates Wallowa Lake Dam. (2) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (3) Wallowa lake dam rehabilitation program \nThe term Wallowa Lake Dam Rehabilitation Program means the program for the rehabilitation of the Wallowa Lake Dam in Oregon, as contained in the engineering document entitled, Phase I Dam Assessment and Preliminary Engineering Design , dated October 2001, and on file with the Bureau of Reclamation. (4) Wallowa valley water management plan \nThe term Wallowa Valley Water Management Plan means the program developed for the Wallowa River watershed, as contained in the document entitled Wallowa Lake Dam Rehabilitation and Water Management Plan Vision Statement , dated February 2001, and on file with the Bureau of Reclamation.", "id": "HDA286362878E4716A2B932DDCCCC1476", "header": "Definitions" }, { "text": "3. Authorization to participate in program \n(a) Authorization \nThe Secretary— (1) may provide funding to the Associated Ditch Companies, Incorporated, in order for the Associated Ditch Companies, Incorporated, to plan, design and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program; and (2) in cooperation with tribal, State and local governmental entities, may participate in planning, design and construction of facilities needed to implement the Wallowa Valley Water Management Plan. (b) Cost sharing \n(1) In general \nThe Federal share of the costs of activities authorized under this Act shall not exceed 80 percent. (2) Exclusions from federal share \nThere shall not be credited against the Federal share of such costs— (A) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; and (B) expenditures made by individual farmers in any Federal farm or conservation program. (c) Compliance with state law \nThe Secretary, in carrying out this Act, shall comply with otherwise applicable State water law. (d) Prohibition on holding title \nThe Federal Government shall not hold title to any facility rehabilitated or constructed under this Act. (e) Prohibition on operation and maintenance \nThe Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this Act. (f) Ownership and operation of fish passage facility \nAny facility located at Wallowa Lake Dam for trapping and transportation of migratory adult salmon may be owned and operated only by the Nez Perce Tribe.", "id": "HDE07701F7BB545919B8B7378004E1FB8", "header": "Authorization to participate in program" }, { "text": "4. Relationship to other law \nActivities funded under this Act shall not be considered a supplemental or additional benefit under the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.", "id": "HA15A9238AAC1416C0080F989AFC23E8", "header": "Relationship to other law" }, { "text": "5. Appropriations \nThere is authorized to be appropriated to the Secretary $32,000,000 for the Federal share of the costs of activities authorized under this Act.", "id": "H95FDD389729E4A33A865F9CF5DA8DCD6", "header": "Appropriations" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Liberty List Act.", "id": "H187B9C98DF2A4E41992197558DE2CC06", "header": "Short title" }, { "text": "2. Statement of purpose \nThe purpose of this Act is to— (1) highlight the work and accomplishments of individuals, nongovernmental organizations, and the media that promote respect for religious freedom, democracy, and human rights in foreign countries; (2) draw attention to the conditions in such countries in which these individuals, nongovernmental organizations, and media struggle; (3) offer protection for these individuals, nongovernmental organizations, and media by identifying them to the international community; and (4) emphasize the special significance of respect for religious freedom, democracy, and human rights in United States foreign policy.", "id": "H1A89330A4B244EE594869F66FD024F80", "header": "Statement of purpose" }, { "text": "3. Annual report on promotion of religious freedom, democracy, and human rights in foreign countries by individuals, nongovernmental organizations, and the media in those countries \n(a) Annual report \nThe Foreign Assistance Act of 1961 is amended by adding after section 116 ( 22 U.S.C. 2151n ) the following new section: 116A. Annual report on promotion of religious freedom, democracy, and human rights in foreign countries \n(a) Report \nThe Secretary of State shall annually submit to Congress a full and complete report regarding the promotion of religious freedom, democracy, and internationally recognized human rights in foreign countries by individuals, nongovernmental organizations, and media groups and organizations in those countries. The report shall be entitled the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations. (b) Preparation \nThe Secretary shall prepare the Annual Report with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Ambassador at Large for International Religious Freedom. (c) Contents \nThe Annual Report shall contain, with respect to a foreign country, the following information: (1) An identification of individuals in the country who have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (2) An identification of nongovernmental organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (3) An identification of media groups and organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (d) Organization \nThe Annual Report shall be organized in three parts, as follows: (1) Part I shall consist of the identification of individuals (and the associated assessment of their efforts) under subsection (b)(1). (2) Part II shall consist of the identification of nongovernmental organizations (and the associated assessment of their efforts) under subsection (b)(2). (3) Part III shall consist of the identification of media groups and organizations (and the associated assessment of their efforts) under subsection (b)(3). (e) Time for submission \nThe Secretary shall submit the Annual Report together with, but not as part of, the presentation materials for security assistance programs proposed for each fiscal year. (f) Classification \n(1) Unclassified form \nExcept as provided in paragraph (2), the Annual Report shall be submitted in unclassified form. (2) Classified annex \nThe Secretary may withhold the identification of an individual, nongovernmental organization, or media group or organization (including the associated assessment) if the Secretary determines that disclosure would endanger or harm such individual, nongovernmental organization, or media group or organization. If the Secretary makes such a determination, the Secretary shall disclose such identification (and associated assessment) in a classified annex. (g) Definitions \nIn this section: (1) Annual Report \nThe term Annual Report means the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations required under subsection (a). (2) Internationally recognized human rights \nThe term internationally recognized human rights has the meaning ascribed to it in section 116(a). (3) Media group or organization \nThe term media group or organization means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the media group or organization who acts within the scope of such agency or employment. (4) Nongovernmental organization \nThe term nongovernmental organization means an organization that works at the local level to promote religious freedom, democracy, or human rights in a foreign country in which the organization is located, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the nongovernmental organization who acts within the scope such agency or employment. (5) Religious freedom \nThe term religious freedom means the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in paragraph (2) of section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ) and as described in paragraph (3) of such section. (6) Secretary \nThe term Secretary means the Secretary of State.. (b) Effective date \nSection 116A of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply to reports submitted more than one year after such date.", "id": "HCB526E7428A94F689167B3C7A9005FCB", "header": "Annual report on promotion of religious freedom, democracy, and human rights in foreign countries by individuals, nongovernmental organizations, and the media in those countries" }, { "text": "116A. Annual report on promotion of religious freedom, democracy, and human rights in foreign countries \n(a) Report \nThe Secretary of State shall annually submit to Congress a full and complete report regarding the promotion of religious freedom, democracy, and internationally recognized human rights in foreign countries by individuals, nongovernmental organizations, and media groups and organizations in those countries. The report shall be entitled the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations. (b) Preparation \nThe Secretary shall prepare the Annual Report with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Ambassador at Large for International Religious Freedom. (c) Contents \nThe Annual Report shall contain, with respect to a foreign country, the following information: (1) An identification of individuals in the country who have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (2) An identification of nongovernmental organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (3) An identification of media groups and organizations in the country that have made significant efforts to promote religious freedom, democracy, or internationally recognized human rights in that country, together with a description of the nature and extent of those efforts and an assessment of progress made as a result of those efforts. (d) Organization \nThe Annual Report shall be organized in three parts, as follows: (1) Part I shall consist of the identification of individuals (and the associated assessment of their efforts) under subsection (b)(1). (2) Part II shall consist of the identification of nongovernmental organizations (and the associated assessment of their efforts) under subsection (b)(2). (3) Part III shall consist of the identification of media groups and organizations (and the associated assessment of their efforts) under subsection (b)(3). (e) Time for submission \nThe Secretary shall submit the Annual Report together with, but not as part of, the presentation materials for security assistance programs proposed for each fiscal year. (f) Classification \n(1) Unclassified form \nExcept as provided in paragraph (2), the Annual Report shall be submitted in unclassified form. (2) Classified annex \nThe Secretary may withhold the identification of an individual, nongovernmental organization, or media group or organization (including the associated assessment) if the Secretary determines that disclosure would endanger or harm such individual, nongovernmental organization, or media group or organization. If the Secretary makes such a determination, the Secretary shall disclose such identification (and associated assessment) in a classified annex. (g) Definitions \nIn this section: (1) Annual Report \nThe term Annual Report means the Annual Report on the Promotion of Religious Freedom, Democracy, and Human Rights in Foreign Countries by Individuals, Nongovernmental Organizations, and Media Groups and Organizations required under subsection (a). (2) Internationally recognized human rights \nThe term internationally recognized human rights has the meaning ascribed to it in section 116(a). (3) Media group or organization \nThe term media group or organization means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the media group or organization who acts within the scope of such agency or employment. (4) Nongovernmental organization \nThe term nongovernmental organization means an organization that works at the local level to promote religious freedom, democracy, or human rights in a foreign country in which the organization is located, except that the term does not include an organization that is primarily an agency or instrumentality of the government of the foreign country. The term includes an individual who is an agent or employee of the nongovernmental organization who acts within the scope such agency or employment. (5) Religious freedom \nThe term religious freedom means the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in paragraph (2) of section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ) and as described in paragraph (3) of such section. (6) Secretary \nThe term Secretary means the Secretary of State.", "id": "H00A42902F93643249C89502441481737", "header": "Annual report on promotion of religious freedom, democracy, and human rights in foreign countries" } ]

[ { "text": "1. Extension of time for filing claims under September 11th Victim Compensation Fund \nSection 405(a)(3) of the September 11th Victim Compensation Fund of 2001 ( 49 U.S.C. 40101 note) is amended by striking 2 and inserting 3.", "id": "H6254A0FA71524042B14D9FD83194F4BF", "header": "Extension of time for filing claims under September 11th Victim Compensation Fund" } ]

[ { "text": "1. Definitions \nFor the purposes of this section, the following definitions apply: (1) District \nThe term District means the Fallbrook Public Utility District, San Diego County, California. (2) Project \nThe term Project means the impoundment, recharge, treatment, and other facilities the construction, operation, and maintenance of which is authorized under subsection (b).", "id": "H06AC9766C3F84EAC80B4B67520AB6E00", "header": "Definitions" }, { "text": "2. Authorization for construction of Lower Santa Margarita Conjunctive Use Project \n(a) Authorization \nThe Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to construct, operate, and maintain to make the yield of the Lower Santa Margarita Conjunctive Use Project to be located below the confluence of De Luz Creek with the Santa Margarita River on Camp Joseph H. Pendleton, the Fallbrook Annex of the Naval Weapons Station, and surrounding lands within the service area of the District available for irrigation, municipal, domestic, military, and other uses for the District and such other users as herein provided. (b) Conditions \nThe Secretary of the Interior may construct the Project only after the Secretary of the Interior determines that the following conditions have occurred: (1) The District has entered into a contract under section 9(d) of the Reclamation Project Act of 1939 to repay to the United States appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project, together with interest as hereinafter provided. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permitees for rights to the use of water for storage and diversion as provided in this Act, including approval of all requisite changes in points of diversion and storage, and purposes and places of use. (3) The District has agreed that it will not assert against the United States any prior appropriative right the District may have to water in excess of the quantity deliverable to it under this Act, and will share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in section 4(b). This agreement and waiver and the changes in points of diversion and storage under paragraph (2), shall become effective and binding only when the Project has been completed and put into operation. (4) The Secretary of the Interior has determined that the Project has economic and engineering feasibility.", "id": "H5D5596E0875542BDAF726D4075C18D20", "header": "Authorization for construction of Lower Santa Margarita Conjunctive Use Project" }, { "text": "3. Costs \nThe Department of the Navy shall not be responsible for any costs in connection with the Project, except upon completion and then shall be charged in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary of the Navy and Secretary of the Interior.", "id": "HCEB81F88CEB24C15BF28002E91D62B9C", "header": "Costs" }, { "text": "4. Operation; yield allotment; delivery \n(a) Operation \nThe operation of the Project may be by the Secretary of the Interior or otherwise as agreed upon by the Secretaries of the Interior and the Navy and the District, under regulations satisfactory to the Secretary of the Navy with respect to the Navy’s share of the impounded water and national security. (b) Yield allotment \nExcept as otherwise agreed between the parties, the Department of the Navy and the District shall participate in the water impounded by the Project on the basis of equal priority and in accordance with the following ratio: (1) 60 percent of the Project’s yield is allotted to the Secretary of the Navy. (2) 40 percent of the Project’s yield is allotted to the District. (c) Contracts for delivery of water \n(1) In general \nIf the Secretary of the Navy certifies that the Secretary does not have immediate need for any portion of the 60 percent yield allotted under subsection (b), the official agreed upon to administer the Project may enter into temporary contracts for the delivery of the excess water. (2) First right for excess water \nThe first right of the Secretary of the Navy to demand that water without charge and without obligation on the part of the United States after 30 days notice shall be included as a condition of contracts entered into under this subsection. The first right to water available under paragraph (1) shall be given the District, if otherwise consistent with the laws of the State of California. (3) Disposition of funds \nMoneys paid in to the United States under a contract under this subsection shall be covered into the general Treasury or to the Secretary of the Navy, as services in lieu of payment for operation and maintenance of the Project, and shall not be applied against the indebtedness of the District to the United States. (4) Modification of rights and obligations related to water yield \nThe rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered may be modified by an agreement between the parties.", "id": "H15DB960712614E9F9CB2E5C69497C4EE", "header": "Operation; yield allotment; delivery" }, { "text": "5. Repayment obligation of the District \n(a) In general \nThe general repayment obligation of the District (which shall include interest on the unamortized balance of construction costs of the Project allocated to municipal and domestic waters at a rate equal to the average rate, which rate shall be certified by the Secretary of the Treasury, on the long-term loans of the United States outstanding on the date of this Act) to be undertaken pursuant to section 2 shall be spread in annual installments, which need not be equal, over a period of not more than 56 years, exclusive of the development period, or as near thereto as is consistent with the operation of a formula, mutually agreeable to the parties, under which the payments are varied in the light of factors pertinent to the irrigators’ ability to pay. (b) Development period \nThe development period shall begin in the year in which water for use by the District is first available, as announced by the Secretary of the Interior or the Treasury, and shall end in the year in which the Project’s yield to the District exceeds 6,000 acre-feet per annum. During the development period water shall be delivered to the District under annual water rental notices at rates fixed by the Secretary of the Interior or the Treasury and payable in advance, and any moneys collected in excess of operation and maintenance costs shall be credited to repayment of the capital costs chargeable to the District and the repayment period fixed herein shall be reduced proportionately. (c) Modification of rights and obligation by agreement \nThe rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties.", "id": "H2D82F0B2B59C4CAB828619E11092057F", "header": "Repayment obligation of the District" }, { "text": "6. Transfer of care, operation, and maintenance \nThe Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions satisfactory to that Secretary and the District, and with respect to the portion of the Project that is located within the boundaries of Camp Pendleton, satisfactory also to the Secretary of the Navy. If such a transfer takes place, the District shall be entitled to an equitable credit for the costs associated with the Secretary’s proportionate share of the operation and maintenance of the Project. The amount of such costs shall be applied against the indebtedness of the District to the United States.", "id": "HB98BB06B8BEF4172A15646E561D336D0", "header": "Transfer of care, operation, and maintenance" }, { "text": "7. Scope of act \nFor the purpose of this Act, the basis, measure, and limit of all rights of the United States pertaining to the use of water shall be the laws of the State of California. That nothing in this Act shall be construed— (1) as a grant or a relinquishment by the United States of any rights to the use of water that it acquired according to the laws of the State of California, either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of that acquisition, or through actual use or prescription or both since the date of that acquisition, if any; (2) to create any legal obligation to store any water in the Project, to the use of which the United States has such rights; (3) to constitute a recognition of, or an admission that, the District has any rights to the use of water in the Santa Margarita River, which rights, if any, exist only by virtue of the laws of the State of California; or (4) to require the division under this Act of water to which the United States has such rights.", "id": "H9AED1A7DA8F2468BB41F4620565363BC", "header": "Scope of act" }, { "text": "8. Limitations on operation and administration \nUnless otherwise agreed by the Secretary of the Navy, the Project— (1) shall be operated in a manner which allows the free passage of all of the water to the use of which the United States is entitled according to the laws of the State of California either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of those acquisitions, or through actual use or prescription, or both, since the date of that acquisition, if any; and (2) shall not be administered or operated in any way which will impair or deplete the quantities of water the use of which the United States would be entitled under the laws of the State of California had the Project not been built.", "id": "H71A8540A94414B97A83DA7891FF27B7D", "header": "Limitations on operation and administration" }, { "text": "9. Authorization of Appropriations \nThere is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the following: (1) $60,000,000 (the current estimated construction cost of the Project, plus or minus such amounts as may be indicated by the engineering cost indices for this type of construction); and (2) such sums as may be required to operate and maintain the said project.", "id": "H7CA02785578947AA912EFF367827BF5D", "header": "Authorization of Appropriations" }, { "text": "10. Reports to congress \nNot later than 1 year after the date of the enactment of this Act and periodically thereafter, the Attorney General, the Secretary of the Interior, and the Secretary of the Navy shall each report to the Congress regarding if the conditions specified in section 2(b) have been met and if so, the details of how they were met.", "id": "HB7E2C5CD406F4305A8EEF2888784FBA4", "header": "Reports to congress" } ]

[ { "text": "1. Repeal of Privacy Officer provision \nSection 522 of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (division H of the Consolidated Appropriations Act, 2005), is hereby repealed.", "id": "HCE28490A608945A895D19E9791913BAD", "header": "Repeal of Privacy Officer provision" } ]

[ { "text": "1. Earl B. Gilliam/Imperial Avenue Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 5505 Stevens Way in San Diego, California, shall be known and designated as the Earl B. Gilliam/Imperial Avenue Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Earl B. Gilliam/Imperial Avenue Post Office Building.", "id": "HDE24B1129A734D8DBEBD1700B88D316F", "header": "Earl B. Gilliam/Imperial Avenue Post Office Building" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Methamphetamine Abuse Prevention Act of 2004.", "id": "HF6A2270E12C54DA9A86FC4AEE92353B1", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) methamphetamine is a dangerous drug distributed throughout the United States; (2) the manufacture, distribution, and use of methamphetamine results in increased crime, damage to the environment, hazardous waste that endangers the public, expensive cleanup costs often borne by Federal, State, and local government agencies, and broken families; (3) Congress has acted many times to limit the availability of chemicals and equipment used in the manufacturing of methamphetamine; (4) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of methamphetamine; (5) the United States Drug Enforcement Administration has indicated that methamphetamine manufacturers often obtain pseudoephedrine from retail and wholesale distributors, in both bottles and blister packs , and that the use of pseudoephedrine tablets in blister packs is pervasive in the illicit production of methamphetamine in both small and large clandestine methamphetamine laboratories; (6) while current law establishes a retail sales limit of 9 grams for most pseudoephedrine products, including common cold medicine, there is no such limit on the sale of blister-packed pseudoephedrine products; (7) the 9 gram limit on bottled pseudoephedrine allows an individual to purchase approximately 366 thirty-milligram tablets per transaction, which is significantly more than a typical consumer would need for legitimate purposes; (8) reducing the current 9 gram threshold to 6 grams would allow consumers to continue purchasing sufficient medication for legitimate purposes and would assist efforts to reduce illegal use of the pseudoephedrine products; (9) the United States Drug Enforcement Administration recommended in March 2002 that retail distribution of pseudoephedrine tablets in blister packages should not be exempt from the general retail sales limit; and (10) in recommending legislation to correct the current disparity in the law between bottled and blister-packed pseudoephedrine tablets, the United States Drug Enforcement Administration stated that The removal of this difference would significantly prevent illicit access to this methamphetamine precursor and would be easier for both the government and the industry to monitor and would increase compliance by retailers.", "id": "HB226E3054E474C7A8BDE8DA6F8C59D88", "header": "Findings" }, { "text": "3. Reduction of retail sales threshold to 6 grams \nSection 102(39)(A)(iv)(II) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(II) ) is amended— (1) by striking 9 grams each place such term appears and inserting 6 grams ; and (2) by striking and sold in package sizes of not more than 3 grams of pseudoephedrine base or 3 grams of phenylpropanolamine base; or and inserting the following: and sold in, with respect to nonliquids, package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base, and packaged in blister packs, each blister containing not more than 2 dosage units, or where the use of blister packs is technically infeasible, packaged in unit dose packets or pouches and, with respect to liquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base; or.", "id": "HB55E8E75D9EF43E1BBF04681EA3F2DB1", "header": "Reduction of retail sales threshold to 6 grams" }, { "text": "4. Elimination of blister pack exemption \n(a) Regulated transaction \nSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act ( 21 U.S.C. 802(39)(A)(iv)(I)(aa) ) is amended by striking , except that and all that follows through 1996). (b) Definition \nSection 102 of the Controlled substances Act ( 21 U.S.C. 802 ) is amended— (1) by striking paragraph (45); and (2) by redesignating paragraph (46) as paragraph (45). (c) Rule of law \nTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 ( 21 U.S.C. 802 note), the amendment shall control.", "id": "H4DB01333AEEC4A4C00CAE031AF856162", "header": "Elimination of blister pack exemption" }, { "text": "5. National uniformity for restrictions on the sale of pseudoephedrine products \nSection 708 of the Controlled Substances Act ( 21 U.S.C. 903 ) is amended— (1) by striking No and inserting the following: (a) In general \nExcept as provided in subsection (b), no ; and (2) by adding at the end the following: (b) Pseudoephedrine drug product \n(1) State and local requirements \n(A) In general \nNo State or political subdivision of a State or State authorized entity may establish with respect to the retail sales of any pseudoephedrine drug product any requirement or restriction that is different from, or in addition to, or that is otherwise not identical with, the requirements and restrictions that apply to pseudoephedrine drug products under this Act. (B) State penalties \nNothing in subparagraph (A) shall be construed as preventing a State or political subdivision of a State from adopting penalties that are different from, or in addition to, or that are otherwise not identical with, the penalties that apply under this Act. (C) Grandfather clause \nSubparagraph (A) shall not apply to any requirement or restriction regarding the retail sale of pseudoephedrine drug products established by a State or political subdivision of a State or State authorized entity enacted prior to January 1, 2005, other than a requirement or restriction allowing any individual to purchase more than 6 grams of pseudoephedrine base in any single retail transaction. (2) Exemptions \n(A) In general \nUpon application of a State or political subdivision thereof, the Attorney General, not later than 30 days after receiving the application, may exempt from paragraph (1)(A), under such conditions as the Attorney General may prescribe, a State or political subdivision requirement upon a determination by the Attorney General that— (i) pseudoephedrine drug products obtained in that State or political subdivision are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; (ii) the requirement is likely to substantially decrease the use of pseudoephedrine drug products as a source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale; and (iii) the requirement will not unduly burden interstate commerce. (B) Judicial review \n(i) Review in court of appeals \nWithin 10 days after a determination by the Attorney General under subparagraph (A), the State or political subdivision involved, or an individual affected by the determination, may file a petition for judicial review of such determination in the United States Court of Appeals for the District of Columbia Circuit, which shall have exclusive jurisdiction over any such petitions. (ii) Determination by court \n(I) In general \nWithin 20 days after a petition under clause (i) is filed with the court, the court shall enter final judgement on the petition. (II) Service regarding petition \nWith respect to a petition under clause (i), if the court determines that proper service was not made on the Attorney General within 5 days after the date on which the petition was filed with the court, the running of the 20-day period under subclause (I) shall not begin before the day on which proper service was made on the Attorney General. (iii) Finality of determination \nAny determination made by the court under this subparagraph shall be final and conclusive and shall not be reviewed by any other court. (C) Computation of days \nFor purposes of this paragraph, Saturday, Sunday, or a legal holiday in the District of Columbia shall not be counted as the last day of any period. (3) Definitions \nAs used in this subsection, the term pseudoephedrine drug product means a product containing pseudoephedrine that may be marketed or distributed lawfully in the United States as a drug under the Federal Food, Drug, and Cosmetic Act..", "id": "HB6A87E80C6904750AFAE7D1E579B61CD", "header": "National uniformity for restrictions on the sale of pseudoephedrine products" } ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the ESRD Modernization Act of 2004. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents Title I—Modernizing the medicare ESRD payment system Sec. 101. Establishment of annual update framework for the medicare ESRD composite rate Title II—Patient education, quality, access and safety initiatives Sec. 201. Support of public and patient education initiatives regarding kidney disease Sec. 202. Medicare coverage of kidney disease patient education services Sec. 203. Blood flow monitoring demonstration projects Title III—Financing and coverage for ESRD patients Sec. 301. Improving the home dialysis benefit Sec. 302. Institute of Medicine evaluation and report on home dialysis Title IV—Sustainable economics Sec. 401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality Sec. 402. Demonstration project for outcomes-based ESRD reimbursement system Sec. 403. GAO study and report on impact of G-codes", "id": "H8FDE2BB56BBC4B3D94140899B4D6503D", "header": "Short title; table of contents" }, { "text": "101. Establishment of annual update framework for the medicare ESRD composite rate \n(a) In general \nSection 1881(b)(12)(F) of the Social Security Act ( 42 U.S.C. 1395rr(b)(12)(F) ), as added by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313), is amended to read as follows: (F) Beginning with 2006, the Secretary shall annually increase the basic case-mix adjusted payment amounts established under this paragraph— (i) with respect to the composite rate component of the basic case-mix adjusted system described in subparagraph (B)(i), by the ESRD market basket percentage increase (as defined in paragraph (14)(A) and including any additional factors that may increase costs described in paragraph (14)(B)) above such composite rate payment amounts for such services furnished on December 31 of the previous year; and (ii) with respect to the component of the basic case-mix adjusted system described in clause (ii) of subparagraph (B), by— (I) applying the estimated growth in expenditures for drugs and biologicals (including erythropoietin) that are separately billable to such component; and (II) converting the amount determined in subclause (I) to an increase applicable to the basic case-mix adjusted payment amounts established under such subparagraph.. (b) ESRD market basket percentage increase defined \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 623(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313) is amended by adding at the end the following new paragraph: (14) (A) For purposes of this title, the term ESRD market basket percentage increase means, with respect to a calendar year, the percentage (estimated by the Secretary before the beginning of such year) by which— (i) the cost of the mix of goods and services included in the provision of dialysis services (including the costs described in subparagraph (D)) that is determined based on an index of appropriately weighted indicators of changes in wages and prices which are representative of the mix of goods and services included in such dialysis services for the calendar year; exceeds (ii) the cost of such mix of goods and services for the preceding calendar year. (B) In addition to determining the percentage update under subparagraph (A), the Secretary shall also take into account any change in the costs of furnishing the mix of goods and services described in such subparagraph resulting from— (i) the adoption of scientific and technological innovations used to provide dialysis services; (ii) changes in the manner or method of delivering dialysis services; (iii) productivity improvements in the provision of dialysis services; and (iv) any other relevant factor. (C) The Secretary shall annually review and update the items and services included in the mix of goods and services used to determine the percentage under subparagraph (A). (D) The costs described in this subparagraph include— (i) labor costs, including direct patient care costs and administrative labor costs, vacation and holiday pay, payroll taxes, and employee benefits; (ii) other direct costs, including drugs, supplies, and laboratory fees; (iii) overhead costs, including medical director fees, temporary services, general and administrative costs, interest expenses, and bad debt; (iv) capital costs, including rent, real estate taxes, depreciation, utilities, repairs, and maintenance; and (v) such other allowable costs as the Secretary may specify..", "id": "H0815B69A2BFC4EA0A71EE5672F7B9013", "header": "Establishment of annual update framework for the medicare ESRD composite rate" }, { "text": "201. Support of public and patient education initiatives regarding kidney disease \n(a) Chronic kidney disease demonstration projects \n(1) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to— (A) increase public awareness about the factors that lead to chronic kidney disease, how to prevent it, how to treat it, and how to avoid kidney failure; and (B) enhance surveillance systems and expand research to better assess the prevalence and incidence of chronic kidney disease. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this subsection shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010. (b) ESRD self-management demonstration projects \n(1) In general \nThe Secretary shall establish demonstration projects to enable individuals with end-stage renal disease to develop self-management skills. (2) Scope and duration \n(A) Scope \nThe Secretary shall select at least 3 States in which to conduct demonstration projects under this subsection. In selecting the States under this subparagraph, the Secretary shall take into account the size of the population of medicare beneficiaries with end-stage renal disease and ensure the participation of individuals who reside in rural and urban areas. (B) Duration \nThe demonstration projects under this section shall be conducted for a period that is not longer than 5 years that begins on January 1, 2006. (3) Evaluation and report \n(A) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this subsection. (B) Report \nNot later than 6 months after the date on which the demonstration projects under this subsection are completed, the Secretary shall submit to Congress a report on the evaluation conducted under subparagraph (A) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2006 through 2010.”.", "id": "H2F3149B8CEE44DAD972DB3F203EC4C8D", "header": "Support of public and patient education initiatives regarding kidney disease" }, { "text": "202. Medicare coverage of kidney disease patient education services \n(a) Coverage of kidney disease education services \n(1) Coverage \nSection 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 642(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2322), is amended— (A) in subparagraph (Y), by striking and after the semicolon at the end; (B) in subparagraph (Z), by adding and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (AA) kidney disease education services (as defined in subsection (bbb));. (2) Services described \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2339), is amended by adding at the end the following new subsection: (bbb) Kidney disease education services \n(1) The term kidney disease education services means educational services that are— (A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; (B) furnished, upon the referral of the physician managing the individual’s kidney condition, by a qualified person (as defined in paragraph (2)); and (C) designed— (i) to provide comprehensive information regarding— (I) the management of co-morbidities; (II) the prevention of uremic complications; and (III) each option for renal replacement therapy (including home and in-center, as well as vascular access options and transplantation); and (ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. (2) The term qualified person means— (A) a physician (as described in subsection (r)(1)); (B) an individual who— (i) is— (I) a registered nurse; (II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); (III) a clinical social worker (as defined in subsection (hh)(1)); (IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)); or (V) a transplant coordinator; and (ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) meet the requirements of subparagraph (A) or (B). (3) The Secretary shall develop the requirements under paragraphs (1)(C)(i) and (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. (4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner to maximize the benefit of those services. (5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). (6) No individual shall be eligible to be provided more than 6 sessions of kidney disease education services under this title.. (3) Payment under physician fee schedule \nSection 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by section 611(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2304), is amended by inserting (2)(AA), after (2)(W),. (4) Payment to renal dialysis facilities \nSection 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ), as amended by section 2(b), is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (12), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(bbb)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.. (5) Limitation on number of sessions \nSection 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) ), as amended by section 613(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2306), is amended— (A) by striking and at the end of subparagraph (L); (B) by striking the semicolon at the end of subparagraph (M) and inserting , and ; and (C) by adding at the end the following new subparagraph: (N) in the case of kidney disease education services (as defined in section 1861(bbb)), which are performed in excess of the number of sessions covered under such section;. (6) Annual report to Congress \nNot later than April 1, 2005, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in section 1861(bbb) of the Social Security Act , as added by paragraph (1)) under title XVIII of such Act and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of that subsection. (b) Effective date \nThe amendments made by this section shall apply to services furnished on and after January 1, 2006.", "id": "H53FEBF2144254DDC93ED004B3246289D", "header": "Medicare coverage of kidney disease patient education services" }, { "text": "203. Blood flow monitoring demonstration projects \n(a) Establishment \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects to evaluate how blood flow monitoring affects the quality and cost of care for medicare beneficiaries with end-stage renal disease. (b) Duration \nThe demonstration projects under this section shall be conducted for a period of not longer than 5 years that begins on January 1, 2006. (c) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects under this section are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (d) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (e) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund $1,000,000 for each of fiscal years 2006 through 2010 to carry out this section.", "id": "H752BC48244324806AB171EEBAC51EBA5", "header": "Blood flow monitoring demonstration projects" }, { "text": "301. Improving the home dialysis benefit \n(a) In general \nThe Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide appropriate incentives to improve the home dialysis benefit for individuals on behalf of whom payment may be made under section 1881 of the Social Security Act ( 42 U.S.C. 1395rr ). (b) Considerations \nIn developing the incentives under subsection (a), the Secretary shall consider revising the fee schedule for physicians’ services under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) so that the amount paid for services related to end-stage renal disease furnished to home dialysis patients is equal to the amount paid for services related to end-stage renal disease furnished to other patients with 4 or more face-to-face physician visits per month.", "id": "H2119039F60F14D6F9759C170D34DF082", "header": "Improving the home dialysis benefit" }, { "text": "302. Institute of Medicine evaluation and report on home dialysis \n(a) Evaluation \n(1) In general \nNot later than the date that is 2 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences (in this section referred to as the Institute ) shall conduct an evaluation of the barriers that exist to increasing the number of individuals with end-stage renal disease who elect to receive home dialysis services under the medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Specific matters evaluated \nIn conducting the evaluation under paragraph (1), the Institute shall— (A) compare current medicare home dialysis payments with current in-center and hospital dialysis payments; (B) catalogue and evaluate the incentives and disincentives in the current reimbursement system that influence whether patients receive home dialysis services; (C) evaluate patient education services and how such services impact the treatment choices made by patients; and (D) consider such other matters as the Institute determines appropriate. (3) Scope of review \nThe Institute shall consider a variety of perspectives, including the perspectives of physicians, other health care professionals, hospitals, dialysis facilities, health plans, purchasers, and patients. (b) Report \nNot later than the date that is 18 months after the date of enactment of this Act, the Institute shall submit to the Secretary and appropriate committees of Congress a report on the evaluation conducted under subsection (a)(1) describing the findings of such evaluation and recommendations for implementing incentives to encourage patients to elect to receive home dialysis services under the medicare program. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary for purposes of conducting the evaluation and preparing the report required by this section.", "id": "H292CC683B768441A820100DE16085F77", "header": "Institute of Medicine evaluation and report on home dialysis" }, { "text": "401. Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality \n(a) Full coverage of dialysis access procedures in the ambulatory surgical center setting \nThe Secretary of Health and Human Services shall include in the surgical procedures specified under section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) the full range of dialysis access procedures when provided to individuals with end stage renal disease who are entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act pursuant to section 226A of that Act ( 42 U.S.C. 426 ). For purposes of the preceding sentence, the full range of dialysis services includes all reasonable and necessary intervention procedures for the creation, repair, and maintenance of an individual’s dialysis access, such as the placement, insertion, and maintenance services related to fistulas, synthetic grafts, tunnel catheters, and peritoneal dialysis catheters. (b) Revision of RBRVS to reflect the difficulty of vascular access procedures \nThe Secretary of Health and Human Services shall structure the relative value units determined under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) ) that are applicable with respect to physicians’ services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients.", "id": "HC8FFF7FB8B4547CAAA5C378BABBC2972", "header": "Modification of physician surgical reimbursement for dialysis access procedures to align incentives for cost and quality" }, { "text": "402. Demonstration project for outcomes-based ESRD reimbursement system \n(a) Establishment \nSubject to the succeeding provisions of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish demonstration projects (in this section referred to as demonstration projects ) under which the Secretary shall evaluate methods that improve the quality of care provided to medicare beneficiaries with end-stage renal disease. (b) Outcomes-based ESRD reimbursement system \n(1) In general \nUnder the demonstration projects, the Secretary shall provide financial incentives to providers of services and renal dialysis facilities that demonstrate improved quality of care to such beneficiaries. (2) Consideration of outcomes and case-mix \nIn determining whether a provider or facility has demonstrated an improved quality of care under paragraph (1), the Secretary shall take into account the outcomes of individuals receiving services from the provider or facility and the case-mix of the provider or facility. (3) Incentives described \nThe financial incentives provided under paragraph (1) shall— (A) reflect the interactions of payments under parts A and B of title XVIII of the Social Security Act ; and (B) recognize improvements based on high quality outcomes during previous periods as well as recent changes in performance to reward long-term improvements. (c) Duration \nThe Secretary shall conduct the demonstration program under this section for a period that is not longer than 5 years that begins on January 1, 2006. (d) Evaluation and report \n(1) Evaluation \nThe Secretary shall conduct an evaluation of the demonstration projects conducted under this section. (2) Report \nNot later than 6 months after the date on which the demonstration projects are completed, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (e) Waiver authority \nThe Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct the demonstration projects. (f) Authorization of appropriations \n(1) In general \nPayments for the costs of carrying out the demonstration project under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ). (2) Amount \nThere are authorized to be appropriated from such Trust Fund such sums as may be necessary to carry out this section.", "id": "H9617E7C099C84D66B3869B96B3C19FF", "header": "Demonstration project for outcomes-based ESRD reimbursement system" }, { "text": "403. GAO study and report on impact of G-codes \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the impact of the temporary codes for nephrologists’ services applicable under the fee schedule for physicians’ services under section 1848 of the Social Security Act (commonly known as G-codes ). (b) Report \nNot later than the date that is 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "H73C0E99BDC594AF9802E2CBD2B9BD4F0", "header": "GAO study and report on impact of G-codes" } ]

[ { "text": "1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in the District of Columbia \nSection 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in the district of columbia \nNo part of the MSA is in the District of Columbia..", "id": "HFCF7E9059FA0477E822186D516022BFE", "header": "Prohibition on operation of medicare comparative cost adjustment (CCA) program in the District of Columbia" } ]

[ { "text": "", "id": "H06E1033B6B1F4E3DA01D9C47269585AA", "header": null }, { "text": "1. Air Show Exemption in Certain Cases \nSection 521(a)(2) of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 ( Public Law 108–199 , div. F) is amended— (1) by striking and at the end of subparagraph (B)(v); (2) by striking the period at the end of subparagraph (C) and inserting the following: ; and ; and (3) by adding at the end the following: (D) to allow the operations of an aircraft participating in an air show in restricted airspace if the Administrator of the Federal Aviation Administration determines that the security of an event, stadium, or other venue is not reduced..", "id": "HA8632E0EFA0C46A7B482006B4C8CD300", "header": "Air Show Exemption in Certain Cases" } ]

[ { "text": "1. Extension of sunset on assault weapons ban for 10 years \nSection 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994 ( 18 U.S.C. 921 note) is amended by inserting , or in the case of the amendments made by section 110102, 20 years, after 10 years.", "id": "H9A5201201C894EE495506027CF95000", "header": "Extension of sunset on assault weapons ban for 10 years" } ]

[ { "text": "1. Findings \nThe Congress makes the following findings: (1) Ray Charles, one of America's greatest and most influential musical artists and an international cultural icon, died in Los Angeles on June 10, 2004. (2) In a career that spanned more than 50 years, Ray Charles enjoyed immense fame across America and the world, among all races, ages and classes of people and was the recipient of 12 Grammy awards, including the Grammy for Lifetime Achievement in 1987. (3) With his unique baritone voice and vibrant personality, he broke all musical conventions, blending blues, gospel, jazz, pop and rock music to create his own incomparable musical songbook. (4) His rendition of America the Beautiful has been described as the country's national hymn, while his rendition of Georgia was designated the official State song of Georgia. (5) Among the Nation's most renowned artists of any genre, Ray Charles was honored by the Kennedy Center for the Performing Arts in 1986 as one of the most respected singers of his generation. (6) Ray Charles, who was as popular among white as Black audiences, shattered traditional divisions between Black and white music. (7) His multiracial appeal enhanced the movement toward racial equality during the Civil Rights movement. (8) As a supporter of that Movement, he performed benefit concerts and provided additional financial support to causes led by his friend, Rev. Dr. Martin Luther King. (9) He was a strong opponent of the racist Apartheid system in South Africa, refusing to perform for segregated audiences in that country. (10) A financial backer of the state of Israel, Ray Charles once described Blacks and Jews as bound together by a common history of persecution. (11) Ray Charles was born on September 23, 1930, in Albany, Georgia, grew up in extreme poverty with his mother and 2 siblings in Greenville, Florida, lost his sight at the age of 7, due to glaucoma, and was orphaned at 15. (12) He overcame poverty, racial discrimination, and personal failures to become an immensely respected and dazzling figure in American culture, a fighter against injustice at home and abroad. (13) Whether plaintive or rousing, the music of Ray Charles transformed the everyday lives, pain, and joy of the common people into songs that resonated with and inspired people of all nationalities, races, and classes.", "id": "HD7A07F89B76E428E80002E13A563CD59", "header": "Findings" }, { "text": "2. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, to the personal representative of Ray Charles a gold medal of appropriate design in recognition of his many contributions to the Nation. (b) Design and striking \nFor the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.", "id": "HB5EDF75DDC8A4909B67FA84C1A3C4D3", "header": "Congressional gold medal" }, { "text": "3. Duplicate medals \nUnder such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "H1F11E1B1329C45B98DBC00B000C9718B", "header": "Duplicate medals" }, { "text": "4. National medals \nThe medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H8489D60E69FF423E85098DBF95C9C8D6", "header": "National medals" }, { "text": "5. Authorization of appropriations; proceeds of sale \n(a) Authorization of appropriations \nThere is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.", "id": "H7CB59D63AA6F4D4BBB45D6EA20E67D35", "header": "Authorization of appropriations; proceeds of sale" } ]

[ { "text": "1. Requirement to provide assistance for the transportation infrastructure of Iraq in the form of loans \nNotwithstanding any other provision of law, amounts made available after the date of the enactment of this Act for the repair, maintenance, or construction of the transportation infrastructure of Iraq shall be provided in the form of loans subject to repayment in full to the United States Government.", "id": "H82D3922289F24F37A9C1EEF008F245D", "header": "Requirement to provide assistance for the transportation infrastructure of Iraq in the form of loans" } ]